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09-04-07 Agenda Reg
City of Delray Beach Regular Commission Meeting ~~ ~. . s. .z .',~rf. 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, September 4, 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. Regulaz 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. 1001VW 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 Ciry. Contact Doug Smith at 243-7010, Fax: • (561) 243-3774 24 hours prior to the event in order for the Ciry to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: • August 21, 2007 -Regular Meeting • August 28, 2007 -Special/Workshop Meeting 6. PROCLAMATIONS: A. National Sickle Cell Awareness Month -September 2007 7. PRESENTATIONS: A. Employee Suggestion Award to Fire-Rescue Lieutenant David Brassard - Fire Department B. Gateway Feature Update -Community Redevelopment Agenry (CRA) 8. CONSENT AGENDA: City Manager Recommends Approval. A. FINAL BOUNDARY PLAT APPROVAL/SEAGATE HOTEL ON ATLANTIC AVENUE: Approve the final boundary plat for the Seagate Hotel on Atlantic Avenue Plat, located on the south side of East Atlantic Avenue between Venetian Drive and Gleason Street. B. ACCEPTANCE OF RIGHT-OF-WAY DEED/238 SE 7TH AVENUE: Approve and accept aright-of--way deed between the City and Dan Dietrich for five (5) feet, fox S.E. 7`~ Avenue in association with the development of 238 S.E. 7~' Avenue, located on the west side of S.E. 7`~ Avenue between S.E. 2"d Street and S.E. 3`~ Street, within the Marina Historic District. C. CONTRACT CLOSEOUT (C.O. NO. 1/FINALI/WEST CONSTRUCTION, IN Approve a Contract Closeout (C. O. No. 1 /Final) in the amount of a $10,105.00 decrease and final payment in the amount of $13,295.70 to West Construction, Inc. for the completion of the Rosemont Park Project. Funding is available from 3344131-572- 65.89 (General Construction Fund/Neighborhood - S.W. 6`s Street -Rosemont) and 441-5161-536-65.89 (Water/Sewer Fund/Other Improvements/Neighborhood Park/S.W. 6`s Street -Rosemont). 09-04-2007 -2- D. CONTRACT ADDITION (C.O. NO. 5)/CHAZ EQUIPMENT COMPANY, INC.: /BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENTS PROJE~ Approve a Contract Addition (C.O. No. 5) in the amount of $9,875.00 to Chaz Equipment Company, Inc. for the addition of swales along the west side of S.W. 13` Avenue between S.W. 3`~ Street and S.W. 4~' Street for the Block 64 Drainage and Water Main Improvements Project. Funding is available from 448-5461-538-65.33 (Storm Water Utility Fund/Other Improvements/Block 64 Improvements). E. RESOLUTION NO. 49-07: Approve Resolution No. 49-07 assessing costs for abatement action required to remove nuisances on six (6) properties throughout the City. F. TROMBONE MAST ARM AGREEMENT/PALM BEACH COUNTY: Approve an agreement between the Ciry and Palm Beach County for the installation of the trombone mast arms at the intersection of West Atlantic Avenue and S.W./N.W. 12~' Avenue. Palm Beach County will reimburse the City in the amount of $250,000.00 for the installation of the trombone mast arms. G. INTERLOCAL AGREEMENT/COMMi7NITY REDEVELOPMENT AGENCY (CRAB Approve an interlocal agreement between the City and Community Redevelopment Agency for work performed by the Ciry Attorney's Office. H. ~ECIAL EVENT REOUEST/ART & TAZZ ON THE AVENUE: Approve a special event request for the Art & Jazz on the Avenue scheduled for October 18, 2007 from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to the west side of N.E./S.E. 7~' Avenue, Railroad Avenue from Atlantic Avenue north to the north side of the ease/west alley, and to the alleys north and south of Atlantic Avenue on N.E./S.E. 1°` Avenue, N.E./S.E. 2"d Avenue, S.E. 3`~ Avenue, N.E./S.E. 4~' Avenue, and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and the sponsor will pay the Ciry 20% for all costs over $1,000 plus the full cost of barricade rental and trash boxes; contingent upon the conditions listed in the staff report, the sponsor providing a hold harmless agreement and certificate of liability insurance one (1) week prior to the event. I. SPECIAL EVENT REOUEST/HOWARD ALAN 13'~ ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Approve a special event request for the 13s' Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m. on September 22, 2007 - September 23, 2007, granting a temporary use permit per LDR Section 2.4.6(F) for the closure of N.E. 2"~ Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3`~ Street, to utilize Ciry Hall parking lot for vendor parking, authorize staff support for police traffic control and security, barricading and Fire Inspector with the sponsor paying all overtime costs; contingent upon receipt of an executed Hold Harmless Agreement. 09-04-2007 -3- J. ACCEPTANCE OF RIGHT-OF-WAY DEED/346 AND 352 N.W. 7T" AVENUE: Approve and accept aright-of--way deed between the City and Delray Beach Community Land Trust, Inc. for 25 feet in association with the construction of two (2) single family homes addressed as 346 and 352 N.W. 7`s Avenue, for eligible homebuyers approved by the Delray Beach Community Land Trust, Inc. K. SECOND AMENDMENT/INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve a Second Amendment to the Interlocal Agreement with Palm Beach County that provides additional support to the Delray Beach Weed and Seed "seeding" efforts; Palm Beach County will provide additional funding in the amount of $100,000.00. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 20, 2007 through August 31, 2007. M. AWARD OF BIDS AND CONTRACTS: 1. 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). 2. Purchase award to Emergency Vehicle Supply (EVS) in the amount of $39,791.60 as a sole provider for the custom installation package to be installed on five (5) City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 3. Contract award to Brang Construction, Inc. in the amount of $559,303.00 for the construction of Bexley Trail Community Park Improvements Project. Funding is available 380-4150-572-63.24 (2004 G.O. Bond/Bexley Park) and 441-5161-536-63.24 (Water/Sewer Fund/Bexley Park). 9. REGULAR AGENDA: A. CONDITIONAL USE REQUEST/VILLAGE SQUARE: Consider a conditional use request to allow a density in excess of 12 units per acre (18.04 du/ac is proposed) in the Southwest Area Neighborhood Overlay District in accordance with the provision of the City's Family Workforce Housing Ordinance for the Village Square (fka Carver Estates), a 332 unit residential development, located on the east side of Auburn Avenue and S.W. 13s' Avenue between S.W. 7's Street and S.W. 10`s Street. (Quasi Jualicial Hearing) 09-(}4-2007 -4- B. WAIVER REQUESTS AND INTERNAL ADJUSTMENT REQUEST/VILLAGE SQUARE: Consider an internal adjustment to the Land Development Regulations (LDR) Section 4.4.6(F)(3)(c) for side street, and front setbacks and two (2) waiver requests to the Land Development Regulations (I.,DR) Section 6.1.2(C)(3)(a) "Paving Widths" to reduce the required minimum paving width for an interior road from 24' to 22' and Section 4.6.9(D)(2) "Provisions for Ingress and Egress" to waive the requirement that adequate maneuvering area shall be provided for a vehicle to enter and exit the parking area onto the street in a forward manner. The waiver requests are in conjunction with the Village Square, a proposed 332 unit residential development located on the east side of Auburn Avenue and S.W. 13s' Avenue between S.W. 7~' Street and S.W. 10`~ Street. (Quasi Judicial Heating) C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/KENTUCKY FRIED CHICKEN: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding signage for Kentucky Fried Chicken, located at 360 Linton Boulevard. (Quasi Judicial Heating) D. SPECIAL EVENT POLICIES AND PROCEDURES: Approve the amended Special Event Policies and Procedures with an effective date of October 1, 2007. E. SPECIAL EVENT REQUEST/RUN FOR MIRACLES/MILAGRO CENTER: Consider approval and endorsement of the 2"d Annual Run for Miracles sponsored by the Milagro Center to be held on January 6, 2008 from 7:30 a.m. to approximately 10:30 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina to George Bush Boulevard and Anchor Park from 5:00 a.m. to approximately 10:30 a.m., and authorize staff support for traffic control, barricade set-up/removal, trash removal and clean up, use of half of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian Drive to A-1-A from 8:00 a.rn. until approximately 11:00 a.m.; contingent upon receipt of a certificate of liability insurance and an executed Hold Harmless Agreement. F. CALL TO ARTISTS/DEL IDA NEIGHBORHOOD PARK: Consider approval of a request to allow the Public Art Advisory Board to advertise a call to artists for an art project in the Del Ida Neighborhood Park. The proposed art will be ecologically and environmentally friendly. Funding is available from the Public Arts Program fund. G. RESOLUTION NO. 48-07: Consider approval of Resolution No. 48-07 authorizing the issuance of Water and Sewer Bonds (Series 2007) in the aggregate amount of $9,000,000.00 and authorizing the sale of such bonds to Branch Banking and Trust at a rate of 4.418% for a term of 15 years with no penalty for early pre-payment. H. SETTLEMENT OFFER/NUANCE SEME _ V~_ THE CITY: Consider a Settlement Offer in the amount of $72,000.00 in Nuance Seme v. the City. Staff recommendation is acceptance subject to the receipt of the appropriate releases. 09-04-2007 -5- I. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2009. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). J. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint one (1) regular member to serve an unexpired term ending August 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). 10. PUBLIC HEARINGS: A. RESOLUTION NO. 50-07 (TENTATIVE MILEAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Dekay Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2008. B. RESOLUTION NO. 51-07 (TENTATIVE MILEAGE LEVY/DDA~. A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Dekay Beach for FY 2008. C. RESOLUTION NO. 52-07 (TENTATIVE BUDGET ADOPTION FOR FY 2008): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2007 through September 30, 2008. D. ORDINANCE NO. 34-07 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations (LDR), Section 4.4.13, "Central Business District", to permit the use of parking lifts. If passed, a second public hearing will be scheduled for September 18, 2007. E. ORDINANCE NO. 35-07 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 4.4.13(G)(1), "Central Business District (CBD)", to clarify parking requirements for hotels and motels in the Central Core Area. If passed, a second public hearing will be scheduled for September 18, 2007. F. ORDINANCE NO. 33-07: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 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. 09-04-2007 -6- G. ORDINANCE NO. 32-07: An ordinance amending Chapter 35, "Employee 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 fox certain employees who elect to terminate City employment and retire on or before September 30, 2007. H. ORDINANCE NO. 26-07: 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 Land Development Regulations. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE N0.39-07: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for changes in residential, nonresidential, and irrigation rates for FY 2008. If passed, a public hearing will be scheduled for September 18, 2007. B. ORDINANCE NO. 40-07: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates. If passed, a public hearing will be scheduled for September 18, 2007. C. ORDINANCE NO. 41-07: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 2.6% for FY 2008. If passed, a public hearing will be scheduled for September 18, 2007. D. ORDINANCE NO. 42-07: An ordinance amending Chapter 50, "Utilities Generally: Public Service Tax", Section 50.15, "Levy of Tax", to provide for an increase of the public service taxes for electricity, fuel oil and gas. If passed, a public hearing will be scheduled for September 18, 2007. 09-04-2007 -7- E. ORDINANCE NO. 36-07: City initiated amendment to the Land Development Regulations (LDR) Section 2.2.3, "The Site Plan Review And Appearance Board", Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, "The Board of Adjustment", Subsection (D), "Duties, Powers and Responsibilities", to provide for a method for appeals; amending Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of beach property plans in accordance with the beach property owners design manual; amending Section 4.4.3, "Single Family Residential (R- 1) Districts", Subsections (A), "Purpose and Intent", (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", and amending Section 4.5.13, "North Beach/Seagate and Ocean Neighborhood Overlay Districts", to provide that visual compatibility may be regulated in accordance with the "Beach Property Owners Design Manual" for North Beach and Seagate Neighborhoods. If passed, a public hearing will be scheduled for September 18, 2007. F. ORDINANCE NO. 37-07: City initiated amendment to the Land Development Regulations (I.DR) Appendix "A", "Definitions", by enacting definitions for "adult material", "specified anatomical areas" and "specified sexual activities". If passed, a public hearing will be scheduled for September 18, 2007. G. ORDINANCE NO. 43-07: An ordinance amending Chapter 59, "Reclaimed Water", of the Code of Ordinances by amending Section 59.06, "Use of Reclaimed Water within the City of Dekay Beach Utility Service Area", to provide that all customers shall connect to the Reclaimed Water System; amending Section 59.09, "Fees, Rates and Charges", to increase the wholesale rate; and amending Section 59.13, "Approved Uses of Reclaimed Water", to provide for hours of use for irrigation. H. ORDINANCE NO. 44-07: Consideration of an amendment to the Land Development Regulations (I.DR), Section 2.4.3(I~(1) "Development Applications" reducing the development application fee for variances before the Historic Preservation Board. If passed, a public hearing will be scheduled for September 18, 2007. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: AUGUST 30, 2007 09-04-2007 -8- AUGUST 21, 2007 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 21, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Commissioner Brenda Montague Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend "Chip" Stokes with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated Item 8.I., Ratification of Appointment to the Parking Management Advisory Board should read "approve and ratify the reappointment of Mr. William Branning, Community Redevelopment Agency (CRA) Representative, to the Parking Management Advisory Board for a two (2) year term ending July 1, 2009." She stated Item 8.E., Recision of Contract Award/Randolnh and Dewdney Construction, Inc. will be removed from the Consent Agenda. There are additional applications for Item 9.H., ~pointments to the Historic Preservation Board. Mrs. Montague requested to move Item 9.M., Public Comments/FY 2008 Proposed Budget before Item 9.L., Discussion/Proposed Budget FY 2008. 08/21 /07 Mr. Eliopoulos requested that Item 8.D., Weitz Comnany/Final Payment/Delray Beach Family Recreation and Fitness Center be moved from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. The City Manager requested that Item 9.C., Resolution No. 21-07 of the Regular Agenda be moved before the two Quasi-Judicial Hearings as Item 9.A.A.A. because the financial advisor needs to drive back to Orlando this evening and this would give him an earlier start. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Regular Meeting of August 7, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to approve the Minutes of the Special/Workshop Meeting of August 14, 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; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. National Save a Life Month - September 2007 Mayor Ellis noted that the proclamation hereby proclaiming the month of September 2007 as National Save a Life Month will be mailed. 7. PRESENTATIONS: 7.A. 2007 Explorer Law Enforcement Academy Mayor Ellis introduced the following cadets of the 2007 Explorer Law Enforcement Academy: Explorer Captain Bradley Labrys, Explorer Lieutenant Joseph Viggiano, Sergeant Jeremy Calvano, Explorer Sergeant Nicole Sloan, Explorer Aramis Grigarian, and Explorer James Johnson. Larry Schroeder, Police Chief, stated he recently attended a graduation at the Boy Scout Camp where he witnessed a little more than 80 young people who went through a very challenging course. Chief Schroeder stated this inspired him to come before the Commission and inform them about the Explorer Law Enforcement Academy. -2- 08/21 /07 Sergeant Bill Smith, Lead Advisor of the Delray Beach Police Department Explorer Post #319 for approximately ten years, noted that the Post has been chartered for over 25 years with the Delray Beach Police Department. He gave a brief overview of the Police Explorer Law Enforcement Academy. Mayor Ellis thanked the 2007 Police Explorer Law Enforcement Academy and stated the Commission appreciates their contribution to the community. Mrs. Montague stated the Commission is very proud of the 2007 Police Explorer Law Enforcement Academy. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.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. 6th Avenue, south of N.E. 4`h Street (320 - 328 N.E. 6`h Avenue). 8.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. The caption of Resolution No. 14-07 is as follows: office.) 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". (The official copy of Resolution No. 14-07 is on file in the City Clerk's 8.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 (JPA) 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. The caption of Resolution No. 47-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING -3- 08/21 /07 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 IN ORDER TO CLARIFY REIMBURSEMENT FOR CONSTRUCTION AND DESIGN AND AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE AGREEMENT. office.) (The official copy of Resolution No. 47-07 is on file in the City Clerk's 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.E. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.F. REJECTION OF BIDS/RAINBERRY WOODS NEIGHBORHOOD IMPROVEMENTS PROJECT: Approve the rejection of all bids received for the Rainberry Woods Neighborhood Improvements Project and authorize staff to re-bid the project. 8.G. TRI-PARTY AGREEMENT/PALM BEACH COUNTY/EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, 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. 8.H. AMENDMENT NO. 4/MANAGEMENT AGREEMENT/OLD SCHOOL SQUARE, 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. 8_I. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and Ratify the reappointment of Mr. William Branning, Community Redevelopment Agency (CRA) Representative, to the Parking Management Advisory Board for a two (2) year term ending July 1, 2009. 8_J. 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. -4- 08/21/07 8.K. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Landmark Construction, Corp. in the amount of $18,500.00 for the demolition of three (3) properties located at 230 SW 3rd Avenue, 114 NW 4th Avenue and 1314 SW 22nd Avenue. Funding is available from 118-1965-554-34.35 (Community Development Fund/LTnsafe Buildings/Structures) and 001-2741- 524-34.35 (General Fund/LJnsafe 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 Sheriff's 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). 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). 5. 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). Mr. McDuffie moved to approve the Consent Agenda as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. -5- 08/21 /07 9. REGULAR AGENDA: 9.A.A. WEITZ COMPANY/FINAL PAYMENT/DELRAY BEACH FAMILY RECREATION AND FITNESS CENTER: Approve the final payment in the amount of $47,646.09 to the Weitz Company for 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). Richard Hasko, Director of Environmental Services, stated this item essentially closes out the Western Communities Center project. He stated Weitz Company was the CM on that project and they went through their pre-construction services portion of their agreement and performed all the services. The City was going to enter the construction part of the contract in two phases because of the timing and scheduling of the project. The first phase was for the site work and that portion of the GMP was awarded in January at a Regular City Commission Meeting. In order to maintain the schedule and the pace of the project that staff had been directed to follow, they continued on with the coordination, bidding of the subcontractors, etc. Mr. Hasko stated there were also issues with the funding and the bonding levels and ultimately staff was directed to defer the project. Mr. Hasko stated this represents the dollar value of their effort from the time the initial GMP phase was approved until the time they were directed to stop. Mr. Eliopoulos stated this was a unique situation where the former Commission got word of where we were with the budget and there was concern over the Capital Improvement Budget (CIP). He stated if this does occur he would like the Commission to be aware of what is going on in the field because in essence this money is gone. Mr. Eliopoulos stated in the future that if we know we are going fast track on something the Commission needs to be made aware of it. Mr. Eliopoulos moved to approve Item 8.D. now known as Item 9.A.A., seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. 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, Stearns & Company, Inc. The caption of Resolution No. 21-07 is as follows: 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 -6- 08/21/07 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, AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BOND5 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 EXECTION 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 WITH THE ISSUANCE OF A SURETY BOND BY MBIA INSURANCE CORPORATION; PROVIDING FOR THE UNDERTAKING BY THE CITY REGARDING SECONDARY MARKET DISCLOSURE AS REQUIItED BY RELUE 15c2-12 OF THE SECURITIES AND EXCHANGE COMMISSION; -7- 08/21 /07 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. office.) (The official copy of Resolution No. 21-07 is on file in the City Clerk's Jay Glover, Financial Advisor with Public Financial Management, stated he requested that this item be moved up on the Agenda in order for him to drive back to Orlando. Mr. Glover introduced Steve Sanford from Greenberg Traurig, P.A., Bond Counsel and J.W. Howard from Bear, Sterns & Company, Inc., underwriter on the transaction. Mr. Glover stated Resolution No. 21-07 authorizes the issuance of up to $27,000,000.00 of utility tax revenue bonds which are secured by utility taxes as well as communication service taxes that are generated by the City of Delray Beach. Mr. Glover briefly reviewed the parameters within the resolution that must be met in order for these bonds to be issued. He reiterated that the resolution authorizes that the bond not exceed $27,000,000.00 worth of bonds, the interest cost must be no greater than 5.50%, the underwriters discount must be no more than $6.00 per bond, and the final maturity must be no later than June 1, 2032. Mr. Glover stated the actual interest cost that they are projecting today based on current market provisions is 5.06%. Mr. Glover stated the bonds are AAA insured by MBIA Insurance Company which means they actually go out on behalf of the City and competitively bid for a bond insurer to come in and secure these bonds in case something were to go wrong with the City's credit. Mr. Eliopoulos stated at one point staff talked about bidding this out and inquired as to how this came about and whether this is the better approach. He stated as like with construction the City normally tries to receive three bids. Mr. Glover stated part of that was based on a recommendation from the City's financial advisor as to whether to do this via a negotiated sale process or a competitive sale process. The City of Delray Beach has actually done both of these procedures in the past and there are certain circumstances which they recommend doing one over another. Mr. Glover stated in a letter attached to the resolution they recommended that this be done through a negotiated sale process because this gives the utmost flexibility as far as the timing of the transaction. The City can actually enter the market at any point after approval of this resolution up until essentially when the disclosure document becomes stale. Mr. Glover stated we are in a very volatile market right now and they do not want to have to advertise a specific sale date and be stuck pricing on that sale date as you would have to do with a competitive sale. He stated if the market was rallying significantly within the next couple of days they could call up the City's underwriter and they could essentially -8- 08/21/07 jump into the market very quickly to take advantage of the low interest rates. Or, if they went to enter the market and the market was not working in their favor they could pull the bonds from the market to wait for a better opportunity all in hopes of getting the City the lowest interest cost. Mr. Glover stated with a competitive deal per State law you have to advertise that sale with ten days notice and there is not a lot of flexibility as to when that sale is actually going to happen. Mrs. Montague moved to approve Resolution No. 21-07, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:26 p.m., the Commission moved to Item 9.A. 9.A. CONDITIONAL USE REOUEST/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) Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Planning and Zoning Director, entered the Planning and Zoning Department project file #2007-245 into the record. Mr. Dorling stated this is consideration of a Conditional Use approval to establish a 24-hour late night business for the Last Resort Saloon located at 3205 South Federal Highway. He stated this would extend the hours from its current operating hours from midnight to 2:00 a.m. be modified to operate from dusk to 2:00 a.m. At its meeting of August 20, 2007, the Planning and Zoning Board held a public hearing in conjunction with the Conditional Use. A letter from the public recommending denial of the request had been received. After a short deliberation, the Board recommended approval with a 7 to 0 vote. Beverly Storey, 3591 Lakeview Boulevard, Delray Beach (Applicant), stated she is present for questions and noted she was not aware of the letter of objection. -9- 08/21 /07 Mayor Ellis stated if anyone would like to speak in favor or in opposition of the Conditional Use request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Dorling stated this is subject to a condition that the timing for the three (3) existing parking lot lights currently operating from dusk to midnight be modified to operate from dusk to 3:00 a.m., and stated the facility is now a pool hall/bar and if the applicant were to consider changing it to bring in live entertainment, a conditional use modification must be approved. Chevelle D. Nubin, City Clerk, swore in the following individual: Chuck Halberg, 4870 S. Classical Boulevard, Delray Beach (member of the Planning and Zoning Board), stated the Board did not see any letter of objection last night nor was there any discussion of the letter that he is aware of. He stated the Board did ask that the lights be extended from dusk to dawn and the other three parking lot lights to be left on unti13:00 a.m. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. McDuffie moved to approve the Board Order with the change to the condition that the lighting be operated from dusk until 3:00 a.m. and, that if the business be modified to provide live entertainment, a conditional use modification must be approved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.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 5th Avenue at Delray, a proposed mixed use development, located on the east side of N.E. 5th Avenue (southbound Federal Highway), 112 feet north of N.E. 1st Avenue (131 - 185 N.E. 5th Avenue). (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file # 2005-289 into the record. -10- 08/21 /07 Mr. Dorling stated this is a Conditional Use extension which involved the increase to building height to a maximum of 60 feet and an increase to over 30 dwelling units per acre in the Central Business District (CBD) to 37.30 du/ac. This project is located one block north of Atlantic Avenue on southbound 5th Avenue. Mr. Dorling stated this has been an excavated site and noted that there are some conditions that the site be stabilized and that site has recently come under some construction activities and staff is requesting that the condition not be applied at this time since they are physically under construction. This development involves a mixed use project which has 47 condominium units, about 4,000 square feet of retail floor area and about 6,000 square feet of office area. At its meeting of November 1, 2005, the City Commission approved the conditional use associated with the proposed development to increase height and density. At its meeting of February 22, 2006 the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for this project. It is noted that the development proposal was developed and approved utilizing the Downtown Design Guidelines. He stated staff would anticipate since it is not under construction that the applicant has asked for two years but it may be prudent to reduce that since they are under construction and once they have 25% of that project built they are vested and would not have to return that to you. Mr. Dorling stated if the time were shortened staff could be assured that construction would continue in earnest. Therefore, Mr. Dorling stated staff recommends 12 months rather than the two years. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue, Delray Beach (Applicant), stated they agree with staff that the condition in the staff report should be removed and they have met the preliminary requirements of LDR Section 2.4.4(F)(1) as well as showing the diligence and good faith to commence and complete construction of the project. He stated they are getting their construction loan within the next couple of weeks and noted this is one of few sites where construction is ongoing. Mr. Mankoff stated he has no problem eliminating the two years; however, he requested that 18 months be retained. Mayor Ellis stated if anyone from the public would to speak in favor or in opposition of the Conditional Use request, to please come forward at this time. Alice Finst, 707 Place Tavant, Delray Beach, expressed concern over these condition changes and stated staff is talking about a maximum of 60 feet up from 48 feet. She commented about how tall the building is going to be by the time you put in the elevator shafts, the stairwells, the casings, and the fencing on the top in addition to extending the number of units. She urged the Commission to really look at this and keep our village-by-the-sea and keep the heights down. There was no cross-examination. The following individual gave a brief rebuttal: -11- 08/21/07 Mr. Dorling stated this is one of the first buildings that were approved using the old design guidelines and while height was approved it has a lot of undulation on the street and with respect to the design it is one of the better buildings. Also, Mr. Dorling stated he would not have a problem with granting the extension for 18 months from today (February 1, 2009). Mr. Mankoff stated this was approved under the existing Design Guidelines and noted that this is one of the nicer projects. He stated they are not asking for any additional height than what was originally approved or any more units than what was originally approved. 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 stated with regard to the design of this building it was actually approved under the original design guidelines which were actually more stringent than the new design guidelines. Mr. McDuffie moved to approve the Conditional Use Extension granting the 18 month extension to be valid until February 1, 2009 subject to the removal of the condition as stated in the Board Order, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.D. AUTHORIZATION TO PROCEED WITH FUNDING TO CONSTRUCT THE INFORMATION TECHNOLOGY (IT) 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. Joseph Safford, Finance Director, stated when the new Commissioners came into office they were facing a $40 million Utility Tax Bond Issue and recently $25 million was approved. He stated part of the reduction was the removal of some of the projects that were in the $40 million Bond Issue and two of the projects (IT Building and the North Wing Project of City Hall) were removed from the Bond Issue and were to be financed by transfers from surplus (non-health insurance related surpluses) that we have in the insurance fund. Mr. Safford stated this item is for the Commission to receive the approval to transfer the funds for the IT Building and subsequent to tonight the Commission will be presented with the final design and the final cost from Environmental Services once this project is ready. Mr. Safford reiterated that this is the approval for just the financing not the approval for the project. Mrs. Montague stated if we move forward with the IT Building and if we move forward with the renovation of the north wing she expressed concern over the interruption in services that is going to happen and how this is supposed to work. In -12- 08/21 /07 response, Mr. Safford stated the best alternative would be to move the IT employees out of the area while the construction is going on if possible. Richard Hasko, Director of Environmental Services, stated because of the construction that is being proposed for the IT Building they are going to come out with this prefabricated structure and they are going to sit it in place. There is a prefabrication time element involved and is somewhere between 2-3 months. Mr. Hasko stated if the funding is approved, the North Wing can get started rather quickly and while IT is still in place staff can take advantage of the pre-cast schedule time on the IT Building and in all likelihood the North Wing would either be done or almost be done. The City Manager stated you could also do the reverse and do the IT Building first and have the IT current space available to move Planning and Building people into while work gets done in their area. Mrs. Montague stated it makes sense to take the IT Building and construct it move IT out into the new building and use that IT space as staging area or temporary space. She is very concerned with how we provide the same level of service for a period of time. Mrs. Montague inquired as to whether it would be more practical to consider approving funding for both projects even though we have not actually approved doing the projects. The City Manager suggested that the balance of the $2 million can be moved and then decide which projects to spend it on and go ahead and have the funding moved from the Insurance Fund Surplus into the General Fund Construction and then it is available for whatever projects the Commission decides to use it for at a later date. Mr. Hasko concurs with Mrs. Montague from the coordination standpoint. However, Mr. Hasko expressed concern over the construction numbers especially for the North Wing are getting old. Mr. Safford stated there are many items to consider and noted that one item on the IT Building to consider is the fact that Florida Power & Light (FPL) is going to put in a new transformer and they may not be able to get to that until December. He stated if staff can fast track the construction of the building staff can be ready for FPL when they come in. Mr. Safford stated he is not sure which project is going to move quicker. Mr. Safford stated if the Commission wanted to cover both sites then we would take the $2 million less what was transferred ($460,000.00) so it would be $1,540,000.00 as the balance to get the two projects funded. Mr. Eliopoulos asked how good is the number for the IT Building since the drawings are still being worked on. Mr. Hasko stated staff was not necessarily planning to do a competitive bid because of the specialty construction. Mr. Hasko stated the City was going to piggy back on a Palm Beach County School District contract for the same type of construction. Mr. Hasko stated from a coordination standpoint it makes more sense; however, he is concerned over the pricing if we are going to end up postponing this, he would like to revisit and verify the cost. Mr. Eliopoulos inquired about the one-time transfer of this Insurance Fund Surplus and asked if this means that in 5 or 6 years we could not do this again. In response, Mr. Safford stated both the health insurance and the property and casualty side require an actuarial study each year and that actuary will tell the City how much to put in -13- 08/21/07 the budget for the subsequent year. He stated what staff found out over the last 3-4 years on the Property and Casualty side we have had extremely low claims and costs compared to what the actuary was predicting but the City has to base our budget on what the Actuary says. Therefore, the City charged the General Fund these fees that had never come to pass because they have been much lower and thus accumulated a surplus. The surplus is basically over charges to the General Fund and staff is reimbursing the General Fund and it may be only one time. Staff is recommending that it be used for capital and not operating costs. The City Manager stated it is possible if we continue to have good experience that another surplus could be built that could be used in a similar manner. Mr. Safford concurred with the City Manager and noted that the reason for the surplus was because in that three year period there were hurricanes and all the property damage was coming from hurricane damage and not from other types of damage. In addition, Mr. Safford stated there were very low worker's compensation claims, etc. The City Manager stated again we are not committing to the projects at this point but are talking about transferring the money into the General Construction Fund and the Commission can decide at a later date about which projects to use the money for. Mrs. Montague moved to transfer $1,540,000.00 from the Insurance Fund Surplus to the General Construction Fund to fund both items, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:06 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 46-07: Consider approval of Resolution No. 46-07 adopting the preliminary assessment roll for the SW 8th Avenue Special Assessment District. The caption of Resolution No. 46-07 is as follows: 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 gTH AVENUE SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES GENERALLY ABUTTING SW 8TH AVENUE BETWEEN SW 10TH STREET AND SW 11TH STREET, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE -14- 08/21 /07 ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. office.) (The official copy of Resolution No. 46-07 is on file in the City Clerk's Richard Hasko, Director of Environmental Services, stated this is a resolution for the approval of the assessment roll for the property owners on S.W. 8th Avenue to participate in the pro-rated construction of the street. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 46-07, the public hearing was closed. Mrs. Montague asked how many property owners are there. In response, Mr. Hasko stated there are five (5) property owners. Mr. McDuffie moved to approve Resolution No. 46-07, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 10.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(K), "Fees", to provide for an increase in the Development Applications, Plan Check Fees and Building Permit Fees. The caption of Ordinance No. 25-07 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 2.4.2, "NOTICE REQUIREMENTS"; SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", SUB- SUBSECTION 2.4.3(K)(1), "DEVELOPMENT APPLICATIONS", 2.4.3(K)(2), "PLAN CHECK FEES", AND 2.4.3(K)(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; -15- 08/21 /07 PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated in 2003 the City Commission directed staff to take a look periodically every two years at the fees and this is the second year. Staff performed a survey of surrounding municipalities and suggested that adjustment of 5% across the board for most of the fees is appropriate and this would put the City of Delray Beach in the mid-range of other similar communities. Mr. Dorling stated there is more than a 5% increase in a couple of things including the Comprehensive Plan, rezoning amendments to the Land Development Regulations (LDR's), Conditional Uses, Abandonment's, and Variances. There is also an increase from & $750.00 to $850.00 for the review of the Overlay Districts as a result of the renewed contract with Urban Design Studios. Mr. Dorling stated most communities charge for advertising and the City's current policy is the City picks up the advertising cost initially if there is a re-advertise for an applicant because of something they did and sometimes the initial advertising cost can be as expensive as the entire application fee. Also, he stated as part of this they have lumped in the building fees and there are some increases to those fees also consistent with what is charged by other communities. The plan check fee which is usually collected at the end of the process, now half of that is required when submitting for the building permit. At its meeting of July 16, 2007, the Planning and Zoning Board considered this item and recommended with a 4 to 0 vote for approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 25-07, the public hearing was closed. Mr. Eliopoulos expressed concern over the variance through the Board of Adjustment (BOA) or the Historic Preservation Board (HPB) and he is leaning towards HPB. He suggested that this number be increased from $210 to $420 versus the proposed $500 for the historic variances because it seems that the process is becoming more expensive for those who live in the historic district. He inquired as to whether or not staff would consider changing the rate for historic preservation. Mr. Dorling stated in the historic districts variances are used to encourage some re-use of things and to encourage preservation of historic structures whereas with the Board of Adjustment (BOA) it is an outright waiver of something because it is theatrically a hardship. Mr. Eliopoulos made -16- 08/21/07 reference to page three letter (o) of the ordinance and emphasized he is talking about variance through the Historic Preservation Board and would like to see this separated from the variance through the Board of Adjustment. The City Attorney stated this has been advertised as a second reading and suggested the Commission pass this ordinance and then they can bring back and amend it by separating out the variance through the Historic Preservation Board (HPB). The City Manager suggested that the fee be as low as $250.00. Mrs. Montague moved to adopt Ordinance No. 25-07 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.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. The caption of Ordinance No. 28-07 is as follows: office.) 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 1N 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 EFFECTIVE DATE. (The official copy of Ordinance No. 28-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Scott Aronson, Parking Management Specialist, stated at its meeting of July 24, 2007, this was presented at first reading and the issue was to increase the parking meter fees from $0.75 to $1.00 per hour. He stated Ordinance No. 14-90 was the last ordinance that established that rate at $0.75 and since 1990 to date the expenses for maintenance replacement of machinery, labor costs to maintain and operate the meters has increased substantially and staff feels it is time to increase the rate. -17- 08/21/07 Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 28-07, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 28-07 on Second and FINAL Reading, 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 with a 5 to 0 vote. 10.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. 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 AN 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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated the last time landlord permit fees were raised was 1993. Staff now has a new in-house process where staff will be considering increases in fees on an every other year basis. Mrs. Butler reminded the Commission that this evening in the First Floor Conference Room while the Commission Meeting has been going on the Landlord Association met for 1 % hours. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 30-07, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 30-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - -18- 08/21 /07 Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.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(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. 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(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; 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 office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a City- initiated amendment to add both the Carver Estates Overlay District and Infill Workforce Housing Areas to both 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. At its meeting of July 16, 2007, the Planning and Zoning Board considered the amendment and the Board recommended approval with a 4 to 0 vote (Glickstein, Perez-Azua and Pike absent). Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 24-07, the public hearing was closed. -19- 08/21/07 Mr. McDuffie moved to adopt Ordinance No. 24-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 10.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) The caption of Ordinance No. 26-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINISTRATIVE 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 EFFECTIVE DATE. (The official copy of Ordinance No. 26-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney read the caption of the ordinance and noted this is a second first reading. The City Attorney stated this ordinance reflects guidance by the judge in the Boca Raton case as to reasonable accommodations and staff received a letter from Attorney Jim Green and staff added the word "oral" to the ordinance. Staff has responded to his letter on behalf of Mayor Ellis and feels that this does comport with departments of law. -20- 08/21/07 Mrs. Montague moved to approve Ordinance No. 26-07 on First Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 10.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. The caption of Ordinance No. 27-07 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 4.4.13, "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 EFFECTIVE DATE. (The official copy of Ordinance No. 27-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a City- initiated amendment to clarify the maximum allowed residential density in the West Atlantic Neighborhood. 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 no maximum density specified in the Land Development Regulations (LDR's). However, Mr. Dorling stated in the Comprehensive Plan there is a maximum density of 30 units per acre within the West Atlantic Redevelopment Area. Staff is adding the language into the Land Development Regulations (LDR's) to make the two consistent. At its meeting of July 16, 2007, the Planning and Zoning Board considered this item and the Board recommended approval with a 4 to 0 vote (Glickstein, Perez-Azua and Pike absent). -21- 08/21 /07 Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 27-07, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 27-07 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mrs. Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.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. The caption of Ordinance No. 29-07 is as follows: office.) 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. (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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 29-07, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 29-07 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:26 p.m., the Commission moved to Item 11, Comments and Inquiries from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and -22- 08/21 /07 11.B. From the Public. 11.B.1. Ed McCall, 3909 Meadows Drive, Delray Beach, expressed concern over Item 9.M., Public Comments/FY 2008 Proposed Budget of the Regular Agenda and asked if he missed speaking on this item. Mayor Ellis stated all Public Hearings begin at 7:00 p.m. and explained that the Commission has to stop the Regular Agenda at 7:00 p.m. move to the public hearing items because they are advertised at that time. As soon as these public hearings are finished the Commission will go back to the Regular Agenda. 11.B.2. Alice Finst. 707 Place Tavant, Delray Beach, stated she was a little late arriving to the meeting this evening because she decided to stay home and see the beginning of the City Commission meeting on video streaming. She stated it was difficult to find on the new City website because of the way it is set up and noted that the video streaming is not a prominent feature. She stated getting into the website and navigating through the new City website is difficult. Mrs. Finst stated when you finally get what you need there is no Agenda posted so you have no idea what is happening in the meeting. Mrs. Finst suggested that the Commission consider doing this on cable. In addition, Mrs. Finst stated she tried to listen to the meeting on her car radio and all she heard were the Public Information Officer and a woman speaking Creole giving out City information. However, Mrs. Finst stated she never found the City Commission Meeting on 1620 am. Mrs. Finst stated the Commission had a great opportunity last week to broadcast the City Commission Workshop Meeting, since the meeting was held in the Commission Chambers, and the Planning and Zoning Board Meeting with an 1 %2 discussion on the historic guidelines. Mrs. Finst urged the Commission to broadcast the City Commission Workshops, broadcast the Planning and Zoning Board meetings and the City Commission meetings and look into what it takes to get these meetings on cable television and radio. The City Manager stated the City is working on the radio broadcast; however, staff does not have all the hardware in place to do it. Mayor Ellis stated the video streaming is working very well but it is the City's website that is under modification and it is being completely redone to establish those links. Mr. Eliopoulos stated when he was away he used the video streaming and although there were some problems with the audio it was actually easy to work. He stated the City Commission Workshops are typically held in the conference room and agreed that on every item at the Planning and Zoning Board Meeting, there was a lot of information being said. Mr. Eliopoulos stated he is not sure he would disagree with Mrs. Finst's suggestion. However, he stated he is not sure how you can start video streaming for one Board versus the next Board and asked for direction from the City Manager. Mr. Eliopoulos commented about the cable being rather costly. - 23 - 08/21 /07 The City Manager concurred that the cable would be rather pricy and stated the technology is changing so rapidly with the telephone companies not being able to get into the cable business and there would be so many providers. Mrs. Montague stated she does not fully agree with the cable because she feels we are moving away from that and it is cost prohibitive right now. She stated she would rather put our dollars, energy, and time into doing the best video streaming and making sure it is as available as we can make it for the citizens. Mayor Ellis stated the City's website was www.mydelraybeach.com and the Chamber's website was www.delraybeach.com and through a mutual agreement, the City of Delray Beach has decided that delraybeach.com will be the City's new website and will provide links to other agencies (i.e. Chamber, Old School Square, Library, etc.). She stated this is in the process with getting all of these organizations to work together and make this work. Mayor Ellis stated the technology is proving to be a challenge but staff is working on this very diligently. She stated the video streaming is very clear and as long as the Commission is talking into the microphones the audio works very well. At this point, the time being 7:35 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 32-07: An ordinance amending Chapter 35, "Employee 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. The caption of Ordinance No. 32-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING 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; -24- 08/21/07 PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 32-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Fetzer moved to approve Ordinance No. 32-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 12.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. The caption of Ordinance No. 33-07 is as follows: office.) 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 96.66(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. (The official copy of Ordinance No. 33-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Eliopoulos moved to approve Ordinance No. 33-07 on FIRST Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. -25- 08/21 /07 At this point, the time being 7:37 p.m., the Commission moved back to Item 9.E. of the Regular Agenda. 9.E. FY 2008 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 2008 maximum golf rates for the Municipal Golf Course. Robert A. Barcinski, Assistant City Manager, stated the City Commission is requested to approve the proposed maximum rates for fiscal year 2008 for the Delray Beach Municipal Golf Course. 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 is attached to staff's memorandum. Rate increases range from 0% to 10.5% 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 rates that would be charged. Cindy Doll, Vice President/Comntroller of JCD Snorts Groun, Inc., stated the Golf Course does offer summer memberships every year. She stated they do not sell a lot of these memberships because there is not a lot of interest but they do start pro-rating in February so that residents can get a better rate for the summer. Ms. Doll confirmed with Mr. Eliopoulos that these special memberships are not offered in the winter because the Golf Course would actually lose money. Mr. Fetzer moved to approve the proposed maximum rates for fiscal year 2008 for the Delray Beach Municipal Golf Course, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.F. FY 2008 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2008 maximum golf rates for the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, stated the City Commission is requested to approve the proposed maximum rates for fiscal year 2008 for the Lakeview Golf Course. The proposed maximum rate schedule for the Lakeview Golf Course for fiscal year 2008, along with a rate comparison which reflects current rates for other like golf courses is attached to staff's memorandum. Rate increases proposed average between 3% and 8%. Fees proposed are in line with other comparable courses. The maximum rates would be the highest rate that would be charged. Mr. Eliopoulos moved to approve the proposed maximum rates for fiscal year 2008 for the Lakeview Golf Course, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. -26- 08/21 /07 9.G. FY 2008 TENNIS RATES/TENNIS FACILITIES: Consider approval of the proposed FY 2008 maximum tennis rates for the Tennis Facilities. Robert A. Barcinski, Assistant City Manager, stated the City Commission is requested to approve the proposed maximum rates for fiscal year 2008 for the Tennis Facilities. The proposed maximum rate increases for the Tennis Facilities for fiscal year 2008, along with a rate comparison which reflects current rates with other facilities is attached to staff's memorandum. 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 rates proposed are based on market conditions. All rate increases proposed are based on market conditions. The maximum rates can be reduced based on market conditions. Mr. McDuffie moved to approve the proposed maximum rates for fiscal year 2008 for the Tennis Facilities, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.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). Mr. Eliopoulos moved to reappoint Joann Peart as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer stated he would like to defer his appointment to the Regular City Commission Meeting of September 4, 2007. Mr. McDuffie moved to appoint Rhonda Sexton as a regular member to the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9_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). -27- 08/21/07 Mr. Fetzer moved to appoint Gaston Joseph as a regular member to the Neighborhood Advisory Council (NAC) for Zone 1 for an unexpired term ending October 31, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.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). Mr. Eliopoulos moved to reappoint Chuck Halberg as a regular member to the Planning and Zoning Board (P&Z) to serve a two (2) year term ending August 31, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to reappoint Francisco Perez-Azua as a regular member to the Planning and Zoning Board (P&Z) to serve a two (2) year term ending August 31, 2009, 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 with a 5 to 0 vote. Mr. McDuffie moved to appoint John Miller as a regular member to the Planning and Zoning Board (P&Z) to serve a two (2) year term ending August 31, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.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). Mr. Fetzer moved to reappoint Connor Lynch as a regular member to the Site Plan Review and Appearance Board (SPRAB) to serve a two (2) year term ending August 31, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. -28- 08/21 /07 Mr. McDuffie moved to reappoint Andrew Youngross as a regular member to the Site Plan Review and Appearance Board (SPRAB) to serve a two (2) year term ending August 31, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. Mrs. Montague stated she would like to defer her appointment to the Regular City Commission Meeting of September 4, 2007. At this point, the time being 7:47 p.m., the Commission moved to Item 9.M. of the Regular Agenda. 9.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. Ed McCall, 3909 Maurice Drive, Delray Beach, stated in 2001 before the real estate values went up the population (he obtained the information from the City today) of the City of Delray Beach was a little over 60,000 and in 2006 the population was a little over 64,000 about a 5% increase. The number of City of Delray Beach employees was 754 and at the end of 2006 there were 818 employees. He stated there was a 35 hundredth increase in population and an increase of 64 employees. Mr. McCall stated meanwhile the tax revenues for the City were $26 million in 2001 and at the end of 2006 there was over $58 million (a 124% increase in real estate tax revenues). He stated in five years the real estate tax revenues increased over $32 million. Mr. McCall stated he knows the State is trying to help out the City of Delray Beach and he urged the Commission to do something in the City's budget to help the residents with the real estate values. He stated the insurance went up but not as much as the real estate taxes and feels a lot of this can be controlled by the City. Mayor Ellis stated the City of Dekay Beach has set a millage rate at the State mandated rate which was rolled back to last year's and a 9% penalty that the City of Delray Beach has to reduce its budget by $10 million. 9.L. DISCUSSION/PROPOSED BUDGET FY 2008: Discussion regarding proposed budget for FY 2008 for the following: • Suggested adjustments to proposed budget. • City Commission • City Manager • City Attorney • Human Resources • City Clerk • Finance • Police -29- 08/21 /07 • Fire-Rescue Mr. McDuffie asked the City Manager to describe the difference between "Other Professional Services" and "Other Contractual Services". The City Manager stated "Other Contractual Services" were the lobbyist services where "Other Professional Services" were the contracts the Commission had with Coletta and Company to do the Cultural Plan. Mr. McDuffie asked if the Commission discussed an across the board salary freeze. The City Manager discussed a freeze; however, the last thing staff discussed with the Commission was to allow 3% for salary increases overall. Mr. McDuffie asked if he is correct to assume that they are comparing the 2007 revised column with the Manager's recommendation column to give an accurate comparison of the increase. The City Manager stated the revised 2007 includes the mid- year adjustments. Mr. Eliopoulos asked what the memberships include for the City Commission budget. The City Manager stated the largest part of that is the Palm Beach County League of Cities in excess of $20,000.00 and this is based on population primarily and it also has a factor for the tax roll. The Florida League of Cities is $6,390.00; the Innovation Groups is $4,090.00; Palm Beach County League of Cities is $16,280.00; and the National Forum for Black Public Administrators is $400.00. Mr. Eliopoulos stated the Commission is clearly faced with some tough decisions. He stated he is not sure how the Commission would go about giving directions with regard to cuts. He stated the only one he sees is where there was talk about freezing salaries, or do you look at layoffs or perks. Mr. Eliopoulos stated he does not feel he is in the position where he can look at the budget and suggest to the Chief of Police and advise him where to cut because he does not know enough about what they need. Therefore, Mr. Eliopoulos stated he depends on department heads to come back to the Commission on how they can get the numbers down. Mr. Eliopoulos stated it would be a temporary fix with regard to freezing salaries but he feels that the City needs to get creative because in January 2008 the City could get hit with more. Mr. Eliopoulos stated as he reviews that budget he does not know how he can give advice on some of the tougher ones as a division is run because he depends on the staff. Mayor Ellis stated we all depend on the staff and the City Manager to meet the millage rate that the Commission has set and she noted who knows better than the department heads who know where the cuts can be. She stated the first meetings with the department heads they were instructed to reduce their budget by 15% from the previous year and Level 1 is at that 15% reduction. Mr. McDuffie stated he challenged himself to go through the budget line item by line item and he did not finish. He stated he spent 12 %z hours and he got through -30- 08/21 /07 202 pages of the General Fund. Mr. McDuffie stated he is a management science major with a heavy accounting background who sold budgetary accounting systems and he is now Manager of Information Technologies for the Palm Beach County Property Appraiser. Mr. McDuffie suggested that the budget be presented electronically on a CD or DVD in some standardized formats (i.e. spreadsheets) where the Commission could actually compare year to year budgets line item by line item including the account numbers and it would be an easier and better way for the Commission to analyze something that is just enormous. He stated going through the budget line item by line item is an overwhelming task; however, he feels he has a responsibility to the people who elected him and to the citizens of the City to do just that. Mr. Fetzer stated he would like to clarify that the City of Delray Beach does not use the City of Boca Raton as our model. He stated with regard to comments he made at the Workshop Meeting last week the point he was trying to make is that as the Commission goes through the budget process particularly with the unknowns of what will happen in January 2008 after the referendum the City of Delray Beach has a responsibility to only fund positions that are absolutely essential to provide the services that the City is required by its residents to provide. He would like to look at every position in the City whether it is a vacant position or one that is filled that would have to be eliminated if it is not a critical position. Mr. Fetzer stated he feels a strong responsibility to do this through the budget process. He stated the Community Redevelopment Agency (CRA} is going to help the City of Delray Beach with some of the library funding he was concerned about. Mr. Fetzer reiterated that his expectation of City staff is that as we go through the budget process that we continue to look hard at every position that we have. Mr. Fetzer stated we did away with the Federal Lobbyist and there was a proposal to do away with our State Lobbyist and asked if this has been taken out of the budget. The City Manager stated the State Lobbyist has been taken out of the budget. Mr. Fetzer stated he thought more about this issue and feels this is the right thing to do because the State does not have money to fund the City so why would the City pay a State Lobbyist. Mrs. Montague stated staff started with the budget the beginning of May and she met with the City Manager since the Commission received the first copy of the budget and they went through the budget line item per line item. She stated when you are first reviewing each area you have to look at comparisons between 2006 and the various levels for 2007 where a Level 1, 2 & 3 you can see where cuts were made. By way of staff's recommendations, some things did not meet others so some numbers at Level 1, some may be between Level 1 & Level 2 and some may be zeroed out. Mrs. Montague stated without micromanaging the entire staff it is a difficult if not impossible task. She stated the Commission is in the later stages of the budget which makes it almost impossible for the Commission to do. Therefore, Mrs. Montague stated the Commission has to rely on the fact that staff has made the proper decisions and do the best they can in terms of sighting specific items. Mrs. Montague expressed concern over the educational -31- 08/21/07 tools that have normally been used have been taken away. She stated in some point in time she is hopeful that staff can bring the educational tools back into the budgets. Mrs. Montague stated the other thing she found helpful is that if you see something specific to write it down and actually call the department head. She stated she did this and received direct answers from some of the department heads who were able to explain to her why they recommended what they did and she felt that discussing this one-on-one was very helpful. Mayor Ellis asked if there were any changes to this on the subsequent information and believes this one did not have any corrections to it. The City Manager stated there was a little bit of travel and training that was added back in. Mr. Eliopoulos commented about the 3% increase to the salary wages. Mr. Fetzer stated what he found to be very helpful was the overview that the City Manager gave the Commission to begin with and an executive summary of where the cuts were coming from. He stated since then we have gone through several things that have been added back in and things that have been taken back out and found some additional revenue. Mr. Fetzer stated it would be very helpful to have the overview updated so that the Commission can see where they stand now after the manipulation of the numbers. Mr. McDuffie asked how the take home automobiles are accounted for in the budget. He stated there is a $9,310.00 car allowance in the City Manager's budget. The City Manager stated this is an allowance and there are no City cars assigned. The City Manager stated he receives an allowance and both Assistant City Managers receive an allowance. Mr. McDuffie stated when talking about other department heads who actually have City automobiles that are take home automobiles are they accounted for in that departmental budget. The City Manager stated those vehicles are accounted for but in a different way and these are under "vehicle rental charge" and "vehicle maintenance". The City Manager stated the Public Information is also part of the City Manager's budget. The Public Information is added back in and the BRET (Boca Raton Educational Television, Inc.) contract has been taken out and other minor reductions. The City Commission briefly reviewed the City Attorney's budget. The City Commission briefly reviewed the Human Resources budget and noted this budget is between Level 1 and Level 2. Mr. Fetzer commented that there are pretty significant decreases in "Other Professional Services" and Mr. McDuffie stated he showed an overall budget reduction of $34,648.00 which was a 5% budget reduction; however, salary shows a 12.43% increase unless this is not the correct number. The City Manager stated there is a part-time position that is going to full-time. Mr. Eliopoulos asked what encompasses the special events. The City Manager stated the entire line item is the S.P.I.R.I.T. Program which includes the barbeque, S.P.I.R.I.T. quarterly awards, S.P.I.R.I.T. Employee of the Year Award, S.P.I.R.I.T. sighting awards, trophies for -32- 08/21 /07 quarterly awards, other S.P.I.R.I.T. promotional items. Mayor Ellis inquired about the Level II software. The City Manager stated Human Resources is requesting the software so they can get rid of some of their manual functions. The City Commission briefly reviewed the City Clerk's budget and Mr. McDuffie stated if his numbers are correct he shows an 8.88% salary reduction with the same manpower and a total of $130,280.00 and a 19.03% total budget reduction. The City Manager stated that was with removing a position which has been added back in and therefore the City Clerk's office is funded at Leve12 now. Mr. Fetzer inquired about the funding for the paperless agenda. The City Clerk stated the installation dates are September 17-19, 2007. Mr. McDuffie stated the Finance Department was within the guidelines with a 2.5% salary increase and a 2.03% budget reduction. Mr. Eliopoulos inquired about the City's Health Insurance. The City Manager stated the City pays for employees but does not pay anything for dependents. He stated in some other jurisdictions the employee pays part of the employee share but the jurisdiction also pays part of the dependent share. The City Manager stated going forward the City may have to look at having the employees pick up a portion of the health insurance. Mr. McDuffie stated this is a huge portion of compensation and in corporate America they started slashing it a long time ago. The other thing that was being looked into was consumer driven health care and staff is working with Cigna Healthcare on various approaches to introducing that which has potential savings for the City. The City Manager stated at one of the sessions at the Florida League of Cities Conference on budget matters a City had very good luck with using a Blue Ribbon Task Force to look at their budget and they found it was a very good education source to get leaders in the community to work on the budget and really understand the limitations within which the City has to operate and what the costs are and share the information as well as coming up with ideas for savings. The City Manager stated he would recommend not waiting until January 2008 but in preparation for this we should be thinking of doing something like this. Mr. Eliopoulos stated there are a lot of things the City invests in that the businesses benefit from and they do not realize that they do. He feels that any kind of Blue Ribbon Task Force to help educate the private sector and the public helps. The City Manager stated staff can make some suggestions about the number of people to appoint and whether or not the Commission wishes to appoint them individually. The City Manager stated staff can add this to the discussion at the SpeciaUWorkshop Meeting on August 28, 2007. The City Manager stated Commissioner Fetzer had expressed concern that five positions would remain vacant in the Police Department. The City Manager stated he asked the Police Department to tell him the number of vacancies they had on the first -33- 08/21/07 day of each month over the last year and noted the following: September 1, 2006 - 4 vacancies; October 1, 2006 - 8; November 1, 2006 - 9; December 1, 2006 - 12; January 1, 2007 - 11; February 1, 2007 - 7; March 1, 2007 - 6; April 1, 2007 - 5; May 1, 2007 - 8; June 1, 2007 - 7; July 1, 2007 - 9; August 1, 2007 - 7. The City Manager stated it is those kinds of numbers that make him believe that the City can safely take the money out for those five positions and use it to fund the three positions they were going to lose and the overtime that was not funded that they really need. The City Manager stated he and Chief Schroeder stated if they get to the place where they can fill some of those five positions then staff will take a hard look at the budget and try to come up with the dollars at that point. The City Manager stated odds are the City will average approximately five vacancies a year based on years of experience. Mr. McDuffie asked in the recruiting process if Chief Schroeder is finding new officers that go through the Police Academy or is the City of Delray Beach able to attract experienced officers. Chief Schroeder stated some of the officers are from the north and come down here and cannot find a home and therefore decline and move back up north. Chief Schroeder stated the majority are young officers coming through the academy. Mr. Eliopoulos asked how long it takes before the officer is on the street after completing the Police Academy. Chief Schroeder stated the process takes 11 % months. Mr. McDuffie commented that District 1, 2, & 3 got rolled up back into the operations. Chief Schroeder stated this also includes investigations. The City Manager stated there was a position in Fire Safety that had been deleted but it is now added back in. Mrs. Montague asked where the C.E.R.T. Program falls under and whether or not the program has been added back into the budget in its entirety. The City Manager explained that the C.E.R.T. Program falls under the Fire- Rescue Department and this has been added back in at least enough to keep the program going. Mr. McDuffie inquired about Highland Beach. Chief Koen stated Highland Beach is billed annually. Mr. Eliopoulos asked when the contract is up with the Town of Gulf Stream. Chief Koen stated the City of Delray Beach has a contract with the Town of Gulf Stream and he believes we have another 3-4 years before renewal. Chief Koen stated 23-24% of their total budget is offset with revenues through Interlocal Agreements with Highland Beach and Gulf Stream as well as the stipend we receive from the Solid Waste Authority for hazardous materials and the revenues from the EMS transport receiving approximately $1.5 million. Mr. Eliopoulos asked when the Fire Department had their mold issue what fund did this come out of. The City Manager stated this came out of the General Construction Fund. Mr. Eliopoulos stated he is looking in the future as to how we can get funds for some of the Fire Department's buildings because unfortunately the way they are being fixed right now the City will be fixing them again. He stated for example Fire -34- 08/21/07 Station #1 was just repaired; however, the way the building has been designed and built he predicts that there will be leaks again. At this point, the time being 8:53 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager had no comments and inquiries on non-agenda items. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. McDuffie Mr. McDuffie stated he ran into some people who are running a task force in facility communications among all law enforcement agencies in Palm Beach County. He stated there happen to be two people in his sister IT group in Palm Beach and they were incredibly complimentary to the point of saying that Delray Beach is one of the best police agencies they have ever worked with in this County. Secondly, he had the opportunity to meet with Congressman Klein at a Town Hall Meeting held at Florida Atlantic University. Mr. McDuffie stated it was a very nice evening and he came away incredibly impressed with Congressman Klein. Mr. McDuffie stated Congressman Klein made statements to him and to the Mayor of Coconut Creek along with some of the State representatives that in spite of some good intentions at the State level he did not think that there was a good understanding of what they had done to the cities and counties. Mr. McDuffie stated Congressman Klein was very supportive and offered to host any of the Commissioners in Washington. Mr. McDuffie stated it was very educational and it created a relationship with that office in Washington that might be beneficial to the City of Delray Beach in the future. 13.C.2. Mrs. Montague Mrs. Montague stated she had a wonderful trip to Orlando where the Florida League of Cities Conference was held. She spent many days and nights with Mayor Ellis and the City Manager and stated the conference was very educational in terms of the property tax issues. Mrs. Montague stated she has a much more global perspective of what cities around the State are going through and noted many are facing devastation. -35- 08/21/07 Secondly, she stated the City received a compliment from a West Palm Beach Commissioner. 13.C.3. Mr. Fetzer Mr. Fetzer had no comments or inquiries on non-agenda items. 13.C.4. Mr. Eliopoulos Mr. Eliopoulos stated he and Commissioner McDuffie attended the Chambers First Teacher Banquet which was great. He stated it is very exciting seeing those first year teachers. Secondly, he stated we keep hearing about the real estate market and how bad it is. Mr. Eliopoulos encouraged everyone to look for the story on Larry King Live where they actually had a Delray Beach caller talking about buying a house and asked what they should do. Donald Trump called in and said he knows Delray Beach and commented that if he were to buy something right now in the State of Florida it would be in Delray Beach because Delray Beach will be the first one to bounce back out of this economy. Mr. Eliopoulos stated he read the email with regard to the employee benefits and is hoping that this can be resolved. He commented about the parking meters and would like to see if we need to add more parking meters downtown. Mr. Eliopoulos expressed concern that the City will have parking garages and nobody will park in them. He commented that you want people to go into those garages and suggested that a study be done in an effort to get people to use the parking garages. Mrs. Montague asked if staff has checked on the maintenance scheduling (i.e. broken parking meters). She stated the Commission has received emails about broken parking meters and noted if they are broken then they are not earning any revenue for the City and noted this is frustrating for the people that are utilizing the parking meters. The City Manager stated the parking meters are checked 2-3 times a week and sometimes people like to put surf wax in the slots and other things that mess them up. He stated most of the problems seem to occur on the weekends and reiterated that the parking meters are usually checked 2-3 times a week. 13.C.5. Mayor Ellis Mayor Ellis stated it was a very busy week and noted that the two days of strategic planning were very effective. She stated on Wednesday she went up a day early to Orlando to attend the State Mayors' Conference: Mayor Ellis stated she found it to be -36- 08/21 /07 very educational to be in session all day with Mayors from all over the State of Florida facing every possible conclusion that these State mandated property taxes can do to anyone. She stated when they talked about the issues for the January Ballot everyone had a different opinion so she found it difficult to come away from this with a consensus. Mayor Ellis stated there were a dozen different opinions that were being floated around by Mayors across the State as to what was going to happen in January 2008. Mayor Ellis stated she concurs that cutting the State Lobbyist is one of things Delray Beach needs to do and therefore we have to be more in touch with our own State Legislators to let them know what our issues are and how they can help us. Mayor Ellis stated it was a real learning experience and the following meetings with the League of Cities were very educational and broadened the horizons about municipal government and what the possibilities are. She stated at the Mayors' Conference City of Boca Raton Mayor Steve Abrams was there and he stated as long as he has been Mayor he is the only one from Boca Raton that ever goes to the League of Cities meeting. Mayor Ellis stated she feels we get as good of information as we get from the lobbyist we had. She stated they do provide a good service and she feels the fees paid to the League of Cities are more justified than what we get back from the State Lobbyist. There being no further business, Mayor Ellis declared the meeting adjourned at 9:06 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 21, 2007, which Minutes were formally approved and adopted by the City Commission on City Clerk -37- 08/21/07 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -38- 08/21/07 f k 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. 1. 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 5 No 0 b. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 5 No 0 ~~-em Q.A II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes 5 No 0 b. LDR Section 4.3.3(W)(2)(c) Findings: 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 5 No 0 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 X denies the conditional use request subject to conditions set forth below and as contained in the Staff Report. 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 3:00 a.m.; and, 2. That if the business operation is modified to provide anight/dance club and live entertainment, a conditional use modification must be approved. The City Commission hereby adopts this Order this 21St day of August, 2007, by a vote of 5 in favor and 0 opposed. Ri a Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO Stn 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 Stn 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 5 No 0 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; ~~em q. 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 5 No 0 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission approves X denies the conditional use extension request to allow the previous conditional use approval to be valid until February 1, 2009 subject to removal of the condition that states: 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. The City Commission hereby adopts this Order this 21St day of August, 2007, by a vote of 5 in favor and 0 oppos ~ \.u.0.. _~~X~c/~ Rita Ellis, Mayor ATTEST: ~~ ,~~, Chevelle Nubin City Clerk 2 SPECIAL/WORKSHOP MEETING AUGUST 28, 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 28, 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 Attomey Chevelle D. Nubin, City 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. AGREEMENT CANCELLATION/BOCA RATON EDUCATIONAL TELEVISION, INC.: Consider approval to send a notice of cancellation to Boca Raton Educational Television, Inc. for community access programming on government access cable. Susan Ruby, City Attorney, stated that the City of Delray has the option of canceling the Boca Raton Educational Television, Inc. (BRET) the second year of the agreement provided a 120-day notice is given; the second year commences October 1, 2007. The City is seeking authorization and approval to send notice to cancel Interim payments may have to be made during that timeframe, depending on the terms of the contract. Mr. Fetzer moved to cancel of the Boca Raton Educational Television, Inc. contract, seconded by Mr. McDuffie. Upon roll call, the Commission voted as follows: Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed 5-0. 2. AGREEMENT CANCELLATION/ALEXSANDER GROUP, INC.: Consider approval to send a notice of cancellation to the Alexsander Group, Inc. for state lobbying services. Douglas Smith, Assistant City Attorney, presented this item. He asked for final direction on whether to budget funds for Alexsander Group, Inc. next fiscal year. If funds will not be budgeted for next year a cancellation letter should be sent soon in order to end the contract prior to September 30, 2007. Mr. Eliopoulos moved to cancel the agreement with Alexsander Group, Inc. for state lobbying services, seconded by Mrs. Montague. Upon roll call, the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed 5-0. Mayor Ellis adjourned the Special Meeting at 6:09 p.m. WORKSHOP AGENDA 1. Discussion regarding the Special Events Policy and Procedures Robert A. Barcinski, Assistant City Manager, presented this item. He thanked everyone that helped to gather information. Mr. Barcinski discussed some of the major proposed changes to Special Event Policies and Procedures as outlined in the backup distributed to Commission. He discussed charges fox parking in the City garages, but felt it was the decision of the Staff, City and Commission to determine who should get the money. Mr. Eliopoulos asked that we stick to the rules across the board. Mr. Barcinski requested that a grace period be given for at least three (3) to four (4) months since the new policy would not be adopted until October 1, 2007. Otherwise if we stick strictly with the rules some of the events would not be able to comply. Mrs. Montague requested the word "add" be included to Page 5 of the Special Event Policy and Procedure contract. The blurb would read as follows: (Event producers may through agreement with the Police Department substitute or add whenever possible private security fox certified police officers.) Mr. Barcinski asked for direction on Page 10, Section VI, Item B regarding parking. Two options are listed whether to charge for parking in City garages and the City would keep all of the money collected; or the City may agree to share 70% of parking fees collected with the event producer if the event can show that 10% of their event gross is contributed to other Delray Beach based non profit organizations or student scholarships programs. August 28, 2007 2. Discussion re riling establishment of a Budget Task Force David T. Harden, City Manager, presented this item. He recommended a Budget Task Force be established that is similar to that used by the Ciry of Clearwater. The group will be citizens of Delray that will advise the City Council how to reduce future budgets, as well as provide cost effective municipal services. He does not want to go through what Palm Beach County just went through with the abolishment of their Budget Task Force. The effort would be to give specific direction and things to focus on. Mr. Fetzer advised he does not want the Ciry to be in the same situation Palm Beach County had. If the group is given specific instruction regarding areas to address, he would agree. Mrs. Montague asked what the timeframe would be and discussed the requirements that the Budget Task Force be residents; she asked that business owners be included. Mayor Ellis thinks this is a good idea and we should give it a try. Mrs. Montague asked that Mr. Harden put together a preliminary list for the Commission to review. Mr. Fetzer would like to see it focused on a longer term strategy, not just next year's budget but a 5-year plan. Mr. McDuffie would like the provision added that will include an annual review of the Board. Mr. Harden suggested this item be included on the September 11, 2007 workshop agenda for further discussion. Consensus of the Commission to discuss this further at the September 11, 2007 workshop meeting. 3. Proposed Reclaimed Water Ordinance Richard Hasko, Director of Environmental Services, presented this item. He proposed revisions to Chapter 59 of the City Ordinances, titled "Reclaimed Water." Mr. Hasko explained some of the substantial revisions outlined on the back-up material distributed to Commission. Brief discussion ensued between staff and Commission regarding the affects of using reclaimed water for the average residential customer. Staff advised that this will be brought back to Commission at the September 11, 2007 workshop. 3 Augusc 28, 2007 4. Public Comments/FY 2008 Proposed Budget David T. Harden, City Manager, responded to a comment that was made at the Commission Meeting on August 21, 2007 by Ed McCall, 3909 Maurice Drive, Delray Beach. Mr. Harden advised the Commission that in 2001 the budget was roughly $60 million, by 2007 the budget increased to $101 million leaving a difference of about $41 million. Mr. Harden presented a breakdown of this difference and advised the Commission that he would give them a copy of the information for their records. Mayor Ellis asked if there were any Public Comments on the Proposed Budget for FY 2008. William Sussman, 3100 Lakeview B1vd~Delray Beach explained how the economy is in recession, people are losing their jobs and banks foreclosures are increasing. He believes that now is not the time to borrow $25 million plus interest to cover previous debt. The Fire Station #4 can be repaired with costs covered by insurance -stop plans for demolition now. Mr. Sussman discussed how the Fire Chief should have been hired internally. Employee salaries should be frozen so employees can keep their jobs. Pompey Park needs renovations and material could be provided by City. Maintenance people, there are two (2) at Pompey, and volunteers with building and trade skills could provide free labor. Mr. Sussman would like to have the old concession stand at the Soccer Complex fixed instead of building a new complex. He discussed parking garages, different cultural festivals hosting and sponsoring their own events, WI-FI, city vehicles being fumed off to save gas. Beth Tohnston, 3775 Satin Leaf Court, Delray Beach, asked that the Ciry offer hope when something is taken away from someone. She suggested that the Creative City Collaborative (CCC) bring the organizers of all of the events together fora "best practices" session. 5. Discussion reg rding..proposed budget for FY 2008 for the following departments: • Administrative Services including Golf Courses • Planning and Zoning including Beach Renourshiment Fund • Community Improvement including Sanitation Fund • Environmental Services including Public Works, Water and Sewer Fund, Stormwater Utility Fund, City Garage Fund • Parks and Recreation including Beautification Trust Fund and Marina Fund • Grants and Aids Mr. Fetzer thanked Mr. Harden on the summary update of numbers. Mr. Harden discussed proposed budget cuts list with the Commission. Mrs. Montague focused on Police and Emergenry Management cuts. Mr. Fetzer asked if the cuts we have outlined are budgeted at the new millage rate. August 28, 2007 Mr. Harden advised that the budget that Commission has on disc is balanced with a contingency of a little over $200,000. The only reason for more cuts would be if there is something to be added that is significant in size. The undesignated fund balance is at about 18%. Mrs. Montague asked about the Out-of-School program/New Innovations Progtam and the rental of the handicap van. Mr. Harden explained that the program was during the summer but they were looking to add the program during the school year; however, based on the needs of the proposed budget the new program would only be offered during the summer. Mr. Fetzer questioned the number of vacancies at this time. Mr. Harden explained that the Plan Reviewer III and the IT Administrative Assistant position will be deleted from the budget. Currently there are eight (8) vacancies in the Police Department. Mr. Fetzer advised that he made a request to look at head counts and what positions can be reduced. He is asking for an update on this request at the next workshop meeting. Mr. Eliopoulos concurs and asked if there are any positions that can be outsourced. Mr. McDuffie asked if the City might look towards privatization. Department Heads would be relied upon to assist with this decision. • Administrative Services including Golf Courses Sharon Painter, CEO of JCD Sports Group, discussed clay courts and safety issues. Mr. Eliopoulos stated with Planning & Zoning Historic Guidelines keep the money into the budget to do surveys for historic district. He questioned the 50% matching grant. • Planning & Zoning including Beach Renourishment Fund Paul Dorling, Director of Planning of Zoning, is confident that the City will get a grant from the state, based upon recent surveys that were done. Mr. Eliopoulos raised concerns about the Shuttle service. Mayor Ellis asked that Commission consider not cutting the service of the shuttle which would have to come out of contingency. The City would also have to go back to Community Redevelopment Agency (CRA) to confirm that they would fund their portion. She noted there would be no expansion. Mr. Harden confirmed there would be no expansion, service would continue as it is. August 28, 2007 Mr. McDuffie questioned if Department of Transportation (DOT) and CRA money is still available. Mr. Harden will confirm that the CRA piece is still available. Mayor Ellis would like to confirm funding for the shuttle and ridership numbers. Mr. Fetzer asked if the additional contributions from the CRA to the Ciry library had been confirmed. Mr. McDuffie asked if there was a cheaper alternative means of transportation that could be negotiated. Mr. Dorling advised that the shuttle service we have in place now is the cheapest alternative. • Community Improvement including Sanitation Fund Lula Butler, Director of Community Improvement was present to address any concerns. Commission had no comments or questions regarding this budget. • Environmental Services including Public Works. Water and Sewer Fund, Stormwater Utility Fund, Ga ar ge Fund Mr. Harden provided handouts of the Garage Fund which had not been balanced at that time. It will be balanced once the budget has been set. Mr. Eliopoulos questioned the reduction with street maintenance and building maintenance. Mr. Eliopoulos wanted to be sure this not going to be a liability for the City. He also questioned when the cost associated with the garages will be generated. Mr. Hasko advised Commission the budget for repairs would not be stripped it would just be reduced. It would be more selective the type of repairs the City responded to. He discussed how some of the building maintenance repairs could be repaired by staff. The longevity of repairs to various structures was discussed. He also advised that numbers are being tracked at this time on the Federspiel Garage. Old School Square Garage would come on-line officially in November 2007. Mr. Harden stated he has started to get a handle on numbers for electrical costs. Mr. Fetzer asked about charging for evening parking in the garage to generate revenue. He would like to know the status of this plan. Mayor Ellis is opposed to metering the downtown. She would like to find other ways to generate income. Mrs. Montague asked if the City would have to go to merchants to validate receipts. 6 August 28, 2007 Mr. Eliopoulos concurs that he does not want to see metered parking downtown. He would like to see a study from the Parking Management Advisory Board with regards to the impact. Mrs. Montague asked how quickly Commission would get information back on validation regarding the parking garages. • Parks and Recreation including Beautification Trust Fund and Marina Fund Mr. Eliopoulos asked what would be the perceived need of Parks and Recreation as far as employees to maintain the several new parks that are coming on-line. Joseph Weldon, Director of Parks and Recreation voiced his concern for the new parks maintenance because he only received one (1) new employee this year. Mr. McDuffie asked how many recreational staff workers are there for the parks. Mrs. Montague asked how many employees were added on with the completion of the new parks. Mr. Weldon advised Commission that there are 12 new employees. Staffing for each park depends on the size. With several new parks coming along, no additional staff would be added; instead other areas would have to be prioritized. Mr. McDuffie asked if anything is being done to mitigate the maintenance. Mr. Weldon explained that it's the same whether parks are open or not. The area would still have to have landscaping done. • Grants & Aids Mayor Ellis and Mr. McDuffie commented on the significant cuts made to grants and aids. Mayor Ellis adjourned the Workshop Meeting at 8:25 p.m. 7 August 28, 2007 ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Dekay Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, August 28, 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 amendments, additions or deletions to the Minutes as set forth above. August 28, 2007 WHEREAS, the health and welfare of our residents are vital state and national concerns; and WHEREAS, the hereditary blood disorder known as Sickle Cell Disease is a serious disease with no known cure; and WHEREAS, Sickle Cell Disease is a global disease that affects many different racial and ethnic populations; and WHEREAS, the Sickle Cell Foundation of Palm Beach County Inc., located in West Palm Beach, Florida, aids individuals and families affected by Sickle Cell Disease and conducts outreach and education to increase community awareness about this disease; and WHEREAS, the month of September is National Sickle Cell Month, and the Sickle Cell Foundation of Palm Beach County, Inc. will be conducting various activities at its Annual Open House Festival on Saturday, September 15, 2007 from 11:00 a.m. to 2:00 p.m. at 1600 N. Australian Avenue in West Palm Beach, Florida 33407, to make residents throughout Palm Beach County aware of the disease. 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 SICKLE CELL AWARENESS MONTH in Delray Beach, and urge all residents to join in learning more about this serious disease and to support the efforts of the Sickle Cell Foundation of Palm Beach County, Inc. in educating the public, as well as seeking a treatment and cure for Sickle Cell Disease. 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 4"' day of September, 2007. RITA ELLIS MAYOR (o A MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: NANCY KING, HR CONSULTANT/COMMUNICATIONS THROUGH: CITY MANAGER ~~~ DATE: AUGUST 24, 2007 SUBJECT: AGENDA ITEM # / • !~ -REGULAR MEETING OF SEPTEMBER 4, 2007 PRESENTATION OF SUGGESTION AWARD #07-04 ITEM BEFORE COMMISSION The Employee Suggestion Award Committee is presenting a monetary award to Fire-Rescue Lt. David Brassard for his suggestion to redesign the sprinkler system at the Old School Square Parking Garage which resulted in a cost savings to the City of $54,687.00. The award amount is $10,937.40 (20% of the cost savings). DELRA~ BEACH [ITS 0 F DELRAY BEACH ° 100 N.W. 1st AVENUE e DELRAY BEACH, FLORIDA 33444 0 561/243-7000 All-A1118~IC8 C~ 1 ®August 24, 2007 1993 tool Fire Rescue Lieutenant David Brassard 8832 S.W. Fisherman's Wharf Drive Stuart Florida 34997 RE: EMPLOYEE SUGGESTION #07-04 Redesign Sprinkler System Dear David: Congratulations! The Employee Suggestion Award Committee has recommended to City Manager David Harden that you receive an award in the amount of $10,937.40 for your suggestion to redesign the sprinkler system at the Old School Square Parking Garage. We would like to present you with your award at the next City Commission meeting on Tuesday, September 4, 2007 at 6:00 p.m. in City Hall. Thank you, again, for taking the initiative in submitting this suggestion which resulted in a cost savings to the City. We appreciate your concern for improving the efficiency of departmental services and look forward to receiving additional suggestions from you. Keep up the good work! Sincerely, e Human Resources Director cc: Employee Suggestion Award Committee • David T. Harden, City Manager Fire-Rescue Chief Kerry Koen Printed on Recycled Paper T N E EFFORT ALWAYS MATTER S 08/21/2007 07:37 5618425999 FARMER AND IRWIN PAGE 02/02 ~armelr & tt'tNi~ Goirpora#~+al~ Mechanical Contractors plumbing • Alr Conditioning • i"ire Sprinkler 561 842-5816 3300 Avenue K • Riviera Beach, F{o-ida 33404 pq~ (5811842.5998 P.O. Box 10117 • Riviera Beach, F{orfda 33ai9-1117 August 17, 2007 Mr. Joe Keating ~ATALFLlMO CUNSTRUCTlaN 4300 Gatalfumo VVay North Palm Beach Gardens, FL 33410-•4248 RE: C)L© SCHOOL SQUARi~ !FIRE SPRINKLER CREQIT Dear Mr. Keating: 1/Ve offer the fol!©vving additional information for your review. Material estimate w/ pump: $138,409.00 Revised material estimate w/o pump' < X86;0~4.00~ Total: $52, 315.00 Fire pump quotation wl early ship: ~$26,20$.00> Material credit: $26,107.00 Misc. material credit: $6,916.00 Actual material cost reduction: $33,03.00 Actual labor credit $ 1.F64.00 Total credit: $54,687.00 Should you have any questions or require additiona! information, please feet free to call me. Very truly yours, FARMER & IR1N N CORPt) TlC1N M chael J. abenhorst, Project Manager Visit us of our websita: www.fandicorp.com ELRA~ EC CITE OF D FIRE-RESCUE ®EPARTMENT SERVING DELRAY BEACH GULF STREAM HIGHLAND BEACH DELRAY BEACH All-America City r~ ' ' :~ G ,»`' "~ ~'~ h ~ ~ :%~ "a~..~5 1993 ~ ~' ,,.'.. 2001 MEMORANDUM ~ -v °~, TO: Suggestion Award Program ~~', FROM: David Brassard, Lieutenant DATE: March 20, 2007 SUBJECT: Old School Square Parking Garage Fire Sprinkler System Permitted plans were submitted for review for the Old School Square parking garage. During the review by the fire department, I noticed the submitted plans met code requirements but seemed to be over built by the engineer of record. I researched the proper codes that would enable the sprinkler system to be redesigned at a significant savings to the tax payers of Delray Beach. I discussed my thoughts with the fire sprinkler contractors, Farmer dam' Irwin Corporation, who said their hands were tied because they were only submitting plans fox work that was approved by the engineer that was hired by the city. After some research I learned that The Director of Environmental Services, Richard Hasko, was the. point person for the city dealing with the engineer of record. I contacted Richard and faxed the appropriate codes to him. On review with the engineer it appears that they agree with my interpretation of the code and the system is in the process of being redesigned. Cost of Original Fire Sprinkler System: $530,000.00 Cost of Redesigned Fire Sprinkler System: As yet unknown. I will supply exact cost when submitted. Savings to the Taxpayers of Delray Beach: Approximately $100,000.00 Davi Brassard Lieutenant FIRE-RESCUE DEPARTMENT HEADQUARTERS • 501 WEST ATLANTIC AVENUE •DELRAY BEACH, FLORIDA 33444 (561) 243-7400 • FAX (516) 243-7461 Printed on Recycled Paper MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KRFJCAREK, P.E. THROUGH: CITY MANAGE~~n ^ ^A /~t~ "l DATE: 17 AUG 2007 SUBJECT: SEAGATE HOTEL ON ATLANTIC AVENUE PLAT APPROVAL ITEM BEFORE COMMISSION Request is for Commission approval of the Seagate Hotel on Atlantic Plat, a final boundary plat, located on the south side of E Atlantic Avenue, between Venetian Drive and Gleason Street. This property is a replat of a portion of Block 157, plat of the fractional east half section 16, Township 46 South., Range 43 East, as recorded in. Plat Book 1, Page 25, together with portions of Block A, Lots 1 and 7, Block C, John B. Reid's Village, as recorded in Plat Book 21, Page 95, lying in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. BACKGROUND This plat is to accommodate the construction of a new hotel on East Atlantic Avenue between Venetian Drive and Gleason Street. This plat is processed as a minor subdivision, therefore it is forwarded directly to City Commission for final action., no other Board review was necessary. FUNDING SOURCE Not applicable. RECOMMENDATION Staff recommends approval. Euc Cc Project File Agenda File S:~EngAdmin\TAC\Seagate Hotel on Atlantic (3rd set) (1000 E. Atlantic Ave}\2007-09-04 agenda memo plat.doc U -~--~ CL~ a O O C~ C~ Cn a' ~_o~i°o ~. ~ N 0 0 N M a ~ as y ~~. i ~ ~ ~ ~ ~~~~ ~~ a~ ~ ~~~~ ~ ~~a=~~~ ~ ~ ~ ~ ~~ ~ ~ ~~~ $~ ~ xa~~ ~~ ~ ~ ~ ~ ~ ~~ ~~ g~~~ gas ~~ a a ~ '~ W.~e=sw~c ~~y~E~ xg9 g ~ ~ I ~~~~ pp((~~~~~~~~ ii " ~kba ~ ~3LF~1 iS~6~~4~ a i ~EiS ~ ~ ~ R~~~~ ~~~$~R '~~~ ~ ~ ~ ~~ ~~ a ~ ~~ ~~ o ~ ~ ~ ~~~ ~~~ ~ ~ ~ ~ ~; ~<~ a ~`~ ~~~~ ~~2 Y ~ ~ Re P z! ~! ~p 8 8 S ~ ~k ~~ 2 R 3 ~ ~ R s@ ~.~ e a ~~~g~ ~ ~ ~ ~ ~ R~~a ~ ~ ~ ~~%~a$~ ~~ ~ as ~aR~~ i ~ ~ as a IIlt ~ ~ ; as '$g~~~~ . r ~ ~Spb ~ K 1 ~ K ~ ..~ ~. -~-~` ~. ~~< ~~ ae~a ~tr.~ ~ ~ ~ ~ Ra € r ao ~~ .~"""~--- ~~~~ ~~:~~~~~~~~~R a ~ ~ p~~ six ~ ee ~~~~3~~ ~~~a~ ~y ~ g~aggR#8 " ~ ~Ri a .~ a a,eggs~ ~ r ~a~~~s ~g$~~~;~ a9~$6 ~ $ a ~ ~a ~~ ~~ 9e~~ ~~ ~ L ~F~xs yjB~~L~~ ~~~xy~daa ~ ~ ~ ~ g~ t~ R e~ Yn]Yts wsvsro Y ~ ~ ~ 7~ +~`~ ~pRtia~ y x i ° ~ p~ ~~~~'~9~ ~ $ ~~~~~' ~aR ~L~'j~aCl s g ~ ~ kg3 ~~ P $~ ~~ ~ ~e~A g 7 9 ~;~ e~~a~~§~~a a- ~ ~ $ ~~ ~ ~ ~za ~~ ~ eg t „ ~a~nia ~ ~a 9~~ryy5C~~ ~ _~y~~ ~ ~ 4 ~ o ~~ ~ ~ y~ ~ ~ € (I RSS gp Rb u a y y ¢ ~it~ ~~i~~2 R~~~~~~~~~ii~~~ ~ g~ '~~ al~~ ~°a~ ' ~~~ ~ ~ ~eii i i a ~ R~~~~ `~A~ 'tom V y 8I G $ Y A b ~ ~~ ~~ ~ ~~ ,~~, _ i s ~~~~~ ~~~ ~ ~~s~~~R~~~~~~~~~~~~~sa#~ ~~~~~~ ~~e~ ~~~~ ~~~~~~~~~~~:~~~3~~~3z~~~~~~~~ ~ w r ~ r • ~rr¢ dp4 Y'!¢i I R A ~t pIJISON i'RIEfi _ - uee~ - ~~~ - -~'^ i ~"' M ~nox+-K-wr~ ~ ~ lees soon en. rrx ~ wor sort-aF-M+r ~~ ~~ ¢'~ .~wo..~iv+r .,yyfM.,..r++,~.~rv rr..f~. +,.i..~s+v-rrr----.~+- ~~i-i"'r~.o~-.+ ` 1 ~ ~ ~ -' Ir ~~ ~ i 4 ~~~ ~ s ri Ss r! I '~.g ~4 ~~ I I I I? I a~ ~,~$ I I ,~ ,~ I I I ~ '! 3 I ! I I t O ~~Y (g I 1 I ~~~ I I~ ~ f..~ I I 4a 1 ~~~h ` ~~~ f ~ ~~~~, ~i ~ ~ t R~~ I 7 I ~F" j f~ A I ~ I I *~6 ~~ I~ .F I ~~ ~ ~ ~ ~ I ~~~ ~~ ~~ Q~~~ ~~$ I~ i ~ ~ Imo/ ~~'~ ~_ ~°~x ~~ ~~ I ~ I I I s ~ ,f'' / a ~'s ~~~ e ~ l a I I ~ y I °~g ~? W ~~ I I ~~ I I ~$ s~~ ~~ QCs a ~ rs I I I I ~~ ~~ ~~ I ~~ I I ~ I a I ~ I~ nI ~ I I ~ w "`_ s ~~ _ ~~' ~ gF ~x ~ Gk 71~ 4<K I i~ ~ ~ '0 sni -•.er-F-- xxw~ .ors .dat5 I~j ~c~es A ~ i H0~'l4'66'W 1EQ00~ (TOT11J ~ ~ Tf I LL ~ m 1 ~ t~ swr-v-erv uc y~~ nur eoa a rua.e) G A ~'_ ~ ~!~ R ~ ~ ~~ VE)iEilAil DItlVE Haas - ~~S _ _ - ~ k q ~ A q ~ ~ ~I ~ ~~~. ~~ @~~~ ~ ~~ ~_~ ~• g a ~r tN ~a ~ ~~ ~ ~~ R~ Date: 17 Aug 2007 AGENDA ITEM NUMBER: ~-' ` AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda Workshop Agenda -Special Agenda V~hen: 04 Sep 2007 Description of Agenda Item {who, what, where, how mach): Request is for Commission approval of the Seagate Hotel on Atlantic Plat, a final boundary plat, located on the south side of E Atlantic Avenue, between Venetian Drive and Gleason Street. This property is a replat of a portion of Block 157, plat of the fractional east half section I6, Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 25, together with portions o£ Block A, Lots 1 and 7, Block C, John B. Reid's Village, as recorded in Plat Book 22, Page 95, lying in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. Staff Recommendation: Department Head Signa City Attorney Review(R.ecommendation {if applicable}: Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: Ye / No ~. Hold Until: Agenda Coordinator Review: Received: (if applicable) Initials: S:\EngAdmin\TAC\Seagate Hotel on Atlantic (3rd set) (1Q00 E. Atlantic Ave)\2bf~7-09-04 agenda plat.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNEF~ PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING~~~ < THROUGH: CITY MANAGER~^ ,. „_ DATE: AUGUST 31, 2007 SUBJECT: AGENDA ITEM # ~e~ -REGULAR MEETING OF SEPTEMBER 4, 2007 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEED ASSOCIATED WITH 238 SE 7 AVENUE. ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a right-of-way deed for five feet (5') for SE 7th Avenue in association with development of 238 SE 7th Avenue, located on the west side of SE 7th Avenue between SE 2"d Street and SE 3rd Street, within the Marina Historic District. BACKGROUND At its meeting of March 21, 2007, the Historic Preservation Board (HPB) approved a Certificate of Appropriateness for 238 SE 7th Avenue, subject to conditions, which included recordation of a five foot (5') right-of-way deed along SE 7th Avenue. The request was in connection with an approval of a two-story garage/guest cottage on a contributing property. The existing right-of-way width for SE 7th Avenue, adjacent to the subject property, is 40' and the required width is 60'. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG). The DSMG reviewed the subject application at its meeting of February 8, 2007 and approved aright-of-way reduction from sixty feet (60') to fifty feet (50'). Therefore, the applicant was required to dedicate 5' (one-half of the 10' additional right-of-way). This dedication is shown on the attached survey. The City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and determined it to be acceptable. RECOMMENDATION By motion, accept the 5' right-of-way deed associated with 238 SE 7th Avenue. Attachments: ^ Location Map ^ Right-of-Way Deed Q W W ~ ~ Q Q S.E. 1ST w S.E. 2ND ~ _ _ c r- ~ ~ ~ r S.E. 3R D Z 0 m ~- 0 w w S.E. 4TH 0 0 ~~ ST. ST ST. Q W Q J Q Q U Q z RD. N 238 SE 7TH AVENUE ~! SUBJECT PROPERTY CITY OF DELRAY BEACH, FL LOCATION MAP PLANNING & ZONING DEPARTMENT -- OlCITAL BASE MAP SYSTEM -- MAP REF: LM1016 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # RIGHT-OF-WAY DEED THIS INDENTURE ~AAI ~~~~~~'~ made this ~~~ day of ~ 2007, betty en , with a mailing ad ess ofo~~~ ~-E, ~Eti ~~~~ 7JE (.2;4 y CFA C-~f rL 3~ ~~'~ 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 reves 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 ,1 D ,~ AU G 10 2007 1 INNING & ZONING Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of--way and that the same is unencumbered. Where the context of this Right-of--Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said parry of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE ST P T in the presence of: ~ ~~ ~h.~ . NAy~i By: ~' . y i~N ~ ~T121G1-1 (Nam~rii~ or tylsed~ (Name printed or typed) ~; ASP Y !'. EL l d 1~o y L c> S (Address) ~-t-i rt- ~. . (Name printed or typed) 33~ ~ STATE OF ~~-~~b~ COUNTY OF ~A LfM `~~~ The foregoing instrument was 2007, by ,7~Ary Dl~TiuGH ~ or has produced acknowledged before me this ~~~ day of who is personally known to as identificatio~nj ~%~~d i afore of Notary Public - State of Florida NDT"'" Linda L. Hamilton Commission # DD418012 ~a ~s~ aY 7, 2009 -~ ~aaeirrro~• 2 BOUNDARY SURI/EY EXHIBIT«a°~ . FOR DANIEL DlETR1CH FOUNO 2"X 2" zs A 5l 1 CON. MON. (L~`%~,(~n/~j"J FOUND i' 1R Y 0.16' 14E5T L EGEND~ A/C =AIR CONDITIONING SLAB C/L = CENTERLINC CQN = C04CRCTf fR. =IRON ROD EL ELEVATION IR =IRON ROD N = NEASURCD P =PLAT R/V = R1GNT OF VAY SNH '= SANITARY MANHOLE VN VATER /#TCR VPP VOOD POV£R PIXC VV = Va T£R VAL VC 2 STORY FRAME BLDG. a7 C~ ~ FLOOR EL =8.55 12.10' - O ~ X 1.65' $....'.~ 7.14 W '~ I?.73 26J• ~I ~ /2.99' LOT 14 3 LOT IS ` ~H L GATE , s/ ~fL= 8.08 ~ ~ 6' WOOD ' Es FENCE I 0 SPa I GRAVEL a~ DRIVEVAY BRICK xu ,,.. _; __.. `.,. m CURB -. VOOD DECK a i LEGAL DESCRIPTION: (~ j. _, __. _~_. LOT 15 AND THE SOUTH 10 FEET DF LOT 16, GRACEY-BYRD SUBDIVISJfIN OF B K T ~ ' Y OF LOC 119 CI DELRAY, ACCORDING TD THE PLAT THEREOF, AS ~1 f'1 89'~O'3O PROPOSED 5 AD 7/ONa1 R/V , A RECORDED 1N PLAT BOOK 10, PAGf 52, DF PALM I BEACH COUNTY ,FLORIDA. 41 FOUND 2"X 2" SAID LANDS SITUATE, LYING AND BE/NG IN PALM ~ ~ CI CON. MON. ' - 60.00'P E. M. BfACH COUNTY, FLORIDA I ' L3' VDOD D ~ s ,A FCNCE 98 ~ ~ ~o SfT !R/C ' ,p7963 _ Q 125 05' ~ 20' PAVENCNT ' S, . _ _ 60.00 6.: _ _ - C/L S.E. 7TH. AVE. FOUND P.K. NAIL C4O' R/W) NDTES THIS PROPERTY LOCATED IN FLOOD 20NE 'X' P£R CDHNUNITY PANEL B !. BCNCHNARK. A-76 CITY OF BEL RAY BCACN SYSTEM 125102 001 D R£VlSED JANUARY 5, 1989 2. CXCCPi AS Sld7VN, NO BELOV GROUND OR OVERHEAD fNPROVCNCNTS HAVE N07 BEEN LOCATED. 3. THIS SURVCY CANNOT BC TRANSFERRED OR ASSIGNED V1iHDUT THC SPECIFIC VRITlfN PERK/SSION Llr BRUCC CAR lCR b ASSOCIATES, INC. 1. REVISIONS SHOVN HCRCON DO NOT R£PRCSENT A SURVEY (MDATE UNLCSS OTHERVISE NOTED 5. NO RESPONSlBlLITY !S ASSUMED BY THIS SURVEYOR FOR THE CONSTRUCIlON OF lNPROVEMENIS, FROM BUILDING TIES SHOVN ON THIS SKETCH IS NUT VAL[D UNLESS I1 rHls suav[r. BEARS AN ^RIGINAL SIGNATURE AND G THE LEGAL DESCRIPTION VAS PROVIDED BY IHE CLIENT. AN EMBOSSED SURVEYpRS SEAL. 7. FENCE OVNERSHIP NOT DETERMINED. 8 ND lOENTIFlCATIWI FOUND ON PROPERTY CORNER //NL£SS NOTEB RTIFI -ATE ! hereby CERTIFY that the attached sketch of survey of the above described BRUCE CARTER property is true and correct to the best of ny knowledge and belief as REGISTERED LAND SURVEYOR #2963 surveyed under ny direction on FEBRUARY 25, 1986 STATE OF FL(JRIDA, LB# 4683 NOTE' The undersigned and BRUCE CARTER b ASSOCIATES, INC. Hake no resents lions or guarantees as to the inFOrna lion reflected hereon pertaining to eosenents, rights-oF-way, set back lines, reservo fions ,ogreenen is and other sinilar natters, and Further, this instrunent is not intended to reflect or set Forth alt such natters. Such inFarna lion should be obtained and conFirned by others through on oppropria to title search. NOlE.LOnds sha wn hereon were not abstactetl For rv'ght-oF-way and/or eosenents of record. NOTE' This sketch is the property of BRUCE CARTER AND ASSOCIATES INC. and shall not be reproduced in whol e or in port with out pernission of the above in wri tin . BRUCE CARTER & ASSOCIATES, INC B I ~ ~ ~ ~ ~ II I I LAND SURVEYORS -LAND PLANNERS 405 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) IIII~IIIII~ PHONE 0561)-269AC9 O ~L~AXIO(56~265-1919 LOT 15 AND THE SOUTH 10' OF LOT 16 GRACEY-BYRD SUBDIVISION, CITY OF DELRAY PrK ALLEY pq VEMENT w T.3 VV Tb as' ruR6 89'20'30" '~ ANCh10R ry N 60.D0'P _59.98M~ `w, w,/ „ 90'39'30" aT rfE~E J BRfcrc DC~C~C~Ud[~ WALK VI D STAIR: AU6 1 0 2007 .9se ice 6' VOOD ~ FENCE /x~5 PLANNING & ZONING ~ u.oe zs1 LOT 16 sf w O 1 ~ 47 A G1 0~ 3 I.R ,p2963 0.73' 0/S a.sr r WDDD rENEE LOT 16 ~ FOUND ? X 2" 9 CON. MON. ~? o~ °oi _ ___ e. FOUND NAIL DATE 07 30 2007 DRAWN BY RCA F.B. PG. 420 54 SCALE 1=20 JOB N0. MEMOR.A.NDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CAROLANNE KUCMEROWSKI THROUGH: DAVID T. HARDEN, CITY MANAGER RICHARD C. HASKO, ENVIRONMENTAL SERVICES DIRECTO DATE: AUGUST 27, 2007 SUBJECT: L3.~TL` 1~iLH 1 l L' 1~JL rr v ~ - - - - C_ONTRACT CLOSEOUT {CHANGE ORDER NO 1/FINAL)/ROSEMONT PARK PROJECT #2004-010 ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final} in the net deduct amount of (-$10,105.00) and final payment in the amount of $13,295.70 to West Construction, Inc. for completion of the Rosemont Park Project. BACKGROUND The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #641136 to funding accounts 334-4131-572- 65.89 (General Construction Fund/Capital Outlay/Neighborhood Park/SW 6 St./Rosemont) and #441-5161-536-b5.89 (Water/Sewer Fund/Other Improvements/Neighborhood Park/SW 6dl St.). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$10,105.00) and final payment in the amount of $13,295.70 to West Construction, Inc. for completion of the Rosemont Park Project. cc 2004-010 Project File 9144/07 Agenda File S:\EngAdminlPrpjects\2004\2004-010\OFFICIAL\GO i Final Wit Agenda lvlemo GC 090407•d°~ CITY OF DELRAY BEACH CHAi~TGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 /Final (Contract Closeout) PROJECT NO. 2004-O1U DATE: PROJECT TITLE: Rosemont Park TO CONTRACTOR: West Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule °A". SUMMARY OF CONTRACT AMOUN'T' ORIGINAL CONTRACT AMOUNT $144,447.05 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED .04 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $$I4,145.40) COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $133,942.05 PER CENT DECREASE THIS CHANGE ORDER -7.01% TOTAL PER CENT DECREASE TO DATE - 7.01 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinioa, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original. work contracted for under benefit of competitive bidding. West Construction, Inc. {Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INl"1'lA"1 i1Vt,i l;xiA~vv~ vicvrn Funding is available from account: DEPARTMENT DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: APPROVED: Environmental Services FUNDING CERTIFIED BY By: Mayor ATTEST: By: City Clerk City Attorney S:lEngpdmm~Proiects•20°4'2004-O10~OFFIL7AL1Wat CO 1 Final 090407.doc SCHEDULE"A" TO CI3ANGE ORDER NO.1 ! FINAL (CONTRACT CLOSEOUT) WFST CONSTRUCTION, INC. ROSEMONT PARTC PIN 2004-010 1 rn~*ruerr ewsun ~ I CONTRACT TO DATE ITEM EST. V Extended UNIT PRICE ACTUAL Extended UNIT PRICE QUANT ADJ. NO. DESCRIPTION UNIT QTY• Total Price Qom' Total Price +! - 1 Mobilization LS. 1 $ 7,500.00 5 7.500.00 , $ 7500.00 S 7.500.00 50.00 2 MainlenanceotTraffic L.S. 7 5 2,500.00 $ 2,500.00 1 $ 2,500.00 ; 2,500.00 50.00 3 Ctearin and Grubb LS. 1 5 4.000.00 $ 4.000.00 1 $ 4000.00 ; 4,000.00 50.00 4 Site Excavatin , FNp and Grad' L.S. 1 S 5,000.00 $ 5,000.00 1 5 S,000.OD S 5,000.00 50.00 5 Sidewalk Constructbn, e" S.F. 2340 5 6.00 $ 14,040.00 2340 5 8.00 5 14,040.00 50.00 F S 150 00 $ 6 $ 900 00 150 5 6.00 $ 900.00 50.00 8 Concrete Slab for Bench . . . . 7 Decorative Bollards E.A. 10 $ 500.00 S 5,00(}.00 t0 $ 500.00 $ 5,000.00 50.00 Furnish & Install Benches Recycled Plastic No. 72XX-1540, Ptayworkl Systems Cat A E 2 200 00 $ 1 400 00 $ 2 2 5 1,200.00 S 2,400.00 50.00 8 . . . , . . , Furnish & Install PlaywoNd Bemte Bus- 9 Ri id Mount E ui men( L.S. 1 $ 7.000.00 $ 7000.00 1 S 7,000.00 5 7000.00 50.00 Fumish & Instal! Cosmic Warp-Rigid 10 t,Aount E ul men( L.S. 1 5 4,000.00 $ 4,000.00 1 $ 4.000.00 ; 4,000.00 50.00 furnish & Install t2'x4" Relocatable Ged Plastic Interlocking Border Rec 150 S 39 00 00 850 $ 5 150 $ 39,00 $ 5.850.00 $0.00 t 1 y L.F. . . , Fumish &lnstall Engineered Wood Fiber 12 Mulch 12" Thick with Fliter Fabric C.Y 25 ; 49.00 ; 1 225.00 25 ; 49.00 5 1 225.00 50.00 Saba Palmetto-Cabbage Palen 14',16',18' 13 hei ht O.A. St E.A. 14 $ 195.00 'S 2,730.00 14 S 195.00 $ 2,730.00 50.00 Mammey Croton-Croton "Mammey` 3 t4 allon 30" o.c. E.A, fi3 $ 13.85 5 859.95 63 5 13.65 S 859.85 50.00 Hamelia Nodbsa-Dwart Ftrebush 3 galbn, E A 49 70 S 11 $ 573.30 48 5 1 t.TO S 573.30 50.00 15 36" o. c. . . . Trlpsacum Fkxidana-Florida Gamma 18 Grass 3 ellon, 38" o.c. E.A. 24 5 11.70 S 280.80 24 5 17.70 5 280.80 50,60 Quercus Virginana Live Oak 14' Ht, 8' ' E A 4 50 5 487 950.00 S 1 4 5 487.50 $ 1,950.00 50.00 17 5 d, fi c,t. . . . , Stenataphrum Secundetum St. Augustine 18 Floratam S.F. 12300 S 0.38 $ 4,428.00 12300 S 0.38 S 4,428.00 58.00 Flori-Mulch, 3" Depth 00 4 28 S 0 00 5 1 120 4000 5 0.26 S 1,120.00 50.00 79 S.F. 0 . . Install Park Slgnage 1 000 00 5 5 0013 00 S 5 0 000.00 $ 5 S 55,000.00 20 L.S. . , . , , Irrigation System Including AU Conduits, I S l 00 5 17 220 00 220 ; 17 $ 17 220,00 5 17,220.00 $O.QO 21 Conductor and Electrical Facilities . L. , . , . Site Lighling Including: All L'ghts, Cabinets, Conduits, Conductors, and Electrical L S l 170 00 $ 44 00 170 S 44 t S 44,170.06 S 44.170.00 $0.00 22 Facilities . . , . , . 23 Video Allowance L.S. 1 5 1,250.00 ; 1,250.00 1 $ 1 250.00 5 1,250.00 50.00 24 Utitiry ANowance L.S. 1 5 5,000.00 5 5,000.00 0 $ 5 000.00 $ S5 OOO.QO 25 Indemnitkation L.S. 7 5 10.06 S 10.00 7 S 10,00 $ 10.00 $0,00 TOTAL ORIGINAL CONTRACT AWARD 5 144,007.05 S 134,007.05 E 10,000.00 CHANGE ORDER NO. 11 FINAL Quantity Adjustments (above) S {10,006.00) Contract AdJustrnent: Charge to West Construction for 5 Field Denslry Tesf Failures on 5l30I07 ~ 521.OOltaikue (5105.08) TOTAL CHANGE ORDER NO.1 /FINAL (;10,105.00) GRAND TOTAL CONTRACT AMOUn`T $S 1 CHA,~IGE ORDER NO 1 1 FINAL SUMMARY Original Contract,4ward 5 144,007.05 Final Contract to Date 5333,902.05 CHANGE ORDER N0.1 1 FINAL {g1o,105.00) S:IEngAdminlProjeds1200412004010\OFFICIAL1Schedule A Finet.xls Agenda Item No.: ~~ AGENDA REQUEST Request to be placed on: Consent Agenda X Regular Agenda Special Agenda Workshop Agenda DATE: August 28, 2007 WHEN: SEPTEMBER 4. 2007 Comm'sssion Meeting Description of item (who, what, where, how much): This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$10,105.00) and final payment in the amount of $13,295.70 to West Construction, Inc. for completion of the Rosemont Park Project #2t304-010. Background The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. Ali changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. Residual funds to be liquidated from Purchase Order #641136 to funding accounts 334-4131-572-65.89 {General Constrcuction Fund/Capital Outlay/[Neighborhood Park/SW 6th St./Rosemont) and #441-5161- 536-65.89 (Water/Sewer Fund/Other ImprovementslNeighbofiood Park/SW 6`h St.}. $ 5,145.fl0 Liquidated Residual Funds to Funding Account #334-4131-572-65.89 $ 5.000.00 Liquidated Residual Funds to Funding Account#441-5161-536-65.89 $ 10,105.00 Total Liquidated Residual Funds ORDINANCEIRESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of a Contract Closeout (Change Order No. 1/Final} in the net deduct amount of (-$10,105.00) and final payment in the amount of $13,295.74 to West Construction, Inc. for completion of the Rosemont Par}s.Project. ,.-~, Department Head ~ Sicanature: !, ~ c~` Determination of Consistency with Comprehensive City Attorney Review/Recommendation {if applicable} Budget Director Review (required on all items involving expenditure of funds): Funding available N/A~ (~ Funding altema#ives NIA (if applicable) Account No. & Description: N1A City Manager Review: ~~ Approved for agenda: ~E5JN0 Hold Until: // Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved 5;~E++,gpdmmlProjects\2004'0004-0]DtOFFICIALICO 1 Final West Agenda Req QC 040407.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerawski, Construction Management Technician ~~ THRU: David T. Harden, City Manager ~ f~~ ~,~" Richard C. Hasko, Environmental Services Directo `~ n ~ SUBJECT: AGENDA ITEM -(~ b11 REGULAR MEETIIvTG OF SEPTEMBER 4, 2007 (CONTRACT ADDITION) CHANGE ORDER NO. S/CHAZ EOUiPMENT COMPANY. INC./BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENTS PROJECT #2005-014 DATE: August 30, 2007 ITEM BEFORE THE COMMISSION This item is before the Commission to approve a Contract Addition (Change Order No. 5) in the amount of $9,875.00 to Chaz Equipment Company, Inc. for the addition of swales along the west side of SW 15' Avenue between SW 3rd Street and SW 4'~1 Street for the Block 64 Drainage and Water Main Improvements Project. BACKGROUND During construction, drainage issues were discovered along the west side of SW ls~ Avenue. In order to remediate the drainage concerns, staff is recommending adding swales to the west side of SW 1~` Avenue between SW 3rd Street and SW 4a' Street. Since the Block 64 Improvements are on the east side of SW 1~ Avenue; the plans did not call for swales on the west side. The scope of work includes the removal of existing paved parking areas in the right-of--way; and regrading/sodding of swales along the west side of SW ls` Avenue between SW 3rd Street and SW 4a' Street. The contractor, Chaz Equipment Company, Inc., has provided a quote for the work at a cost of $9,875.00; and an appropriate time extension of seven (7) days to perform this additional work. The pricing is commensurate with industry pricing for the scope of work. All costs associated with this change order are detailed on the attached Schedule "A". FUNDING SOURCE Funding is available from 448-5461-538-65.33 {Storm Water Utility Fund/Other Improvements/ Block 64 Improvements}. RECOMMENDATION Staff recommends approval of a Contract Addition (Change Order No. 5) in the amount of $9,875.00 to Chaz Equipment Company, Inc. for the addition of swales along the west side of SW I~ Avenue between SW 3rd Street and SW 4d' Street for the Block 64 Drainage and Water Main Improvements Project. cc: Agenda File 09/04/07 Fi1a 2005-0 k4 (E) S:lEn6AdminlFmjecta`•2065~2005.01410FFICLII.\CLaz CO 5 Agd Mean CC 090407.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIG~IAL CONTRACT CHANGE NO. 5 (Contract Addition) PROJECT NO. 2005-014 PROJECT TITLE: Block 64 Drainage and Water tblain Improvements Project TO CONTRACTOR: Chaz Equipment Company, Inc. DATE: YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STiPULATIOI`TS AND COVENANTS. JUSTIFICATION: Additional work required for the addition of swales along the west side of SW 1~' Avenue between SW 3~ Street and SW 4°i Street per the attached Schedule "A" (Chaz proposal); a contract extension of seven (7) days. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $415,957.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 216,Ob5.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $632,022.00 COST OF CONSTRUCTION CHANGES THIS ORDER $9,875.{}0 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $641,847.00 PER CENT INCREASE THIS CHANGE ORDER 2.37% TOTAL PER CENT INCREASE TO DATE 54.31 TOTAL CONTRACT TIME WILL BE INCREASED BY 7 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Chaz Equipment Co., Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 44&5469-538-65.33 DEPARTMENT FUNDING DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: APPROVED: Environmental Services City Attorney s:~e,~aa~irro~cuvoosaoos-m a+.o~cani.~.cnu cp s Cc o9aw~.a~~ By: Mayor ATTEST: By: City Clerk CERTIFIED BY t~r_ ae# Sa#E~s#:er~ !~#a~ Email ~[t~r of Qe#ray .[3~ach E~igine~ 434 5a~th Swir~tc~n Akenu~ dray 8~~~, F~ 3~ F~~; City ~€ De#ra~ ~3eae#~s Black ~F lm~-ave~+~~ts AcfcS,~a4 sw~4e graclzs~ ansbsoddts~-~ ~ ~~ ~,ve t~e~ lti~r. B;~##esr~: fps d:isct~s, prase #`md #~#fl~nr €~~.-~~e~ g~i~in~ ~r ~r~v~~# ~i ~ttn~ ~a~~ ~~~ir~~ ere~s #n Rte ac~k reg~~+rn,~lsaddi ~ ~ a#c~~ the ~~ si~~ :af ~ ~'- ~~re l~~n ~tlU ~"~ ~# a~~ S~tl~ ~'' St Unit F?ricl~ is ire a~~#an~ i€i~ l#e~s r ~iQ Ca~ntract. Cor~trarct't~r~ #2 ~ar~ce of ~~~ ~ ¢ S .x ~ 2~t? ~ ~ 2~!OE9 Gtuxtrra~ lterr~ Cleae €ng and ~rr~tt~vtag 4 LS x ~ ~, ~8~ "' ~; ~~iL~# ~aved.Swele rert~veJ; m~r7bc>x r~~a#, exFsfirrg st~rubsi~~s_fr rernein Carr~ct hie»~ #~~ ~wafe ~ras~r~ arraF S~dafr~gr 52s S~~ ~' 't~a~ '" 7:8T~ t~0 Yl<3TAI. GHi4~i= f:~~3l=f~ ~~~~T ~~ inciua~~ i~ this ~1~ange t~rder t~gu an ad~it~r~rrai ?" caiia~ ~l~ try the C©rcf €ir9aa #f tFis ab~ a #s a€~iia~#e t~#sase issee a C#~arxge'~Jrr#~r try us, ~~cer ~ , f~ warc# EtVi'~#, tiJ`rce President C~: Pro}e~ct B~oci#~ Agenda Item No.~~ AGENDA REQUEST DATE: August 30, 2007 Request to be placed on: Consent Agenda x Regular Agenda WHEN: SEPTEMBER 4, 2007 Commission Meeting Special Agenda Workshop Agenda Description of item (who, what, where, how much): This item is before the Commission to approve a Contract Addition (Change Order No. 5) in the amount of $9,875.00 to Chaz Equi~ment Company, Inc. for the addition of swales along the west side of SW 1St Avenue between SW 3ro Street and SW 4' Street for the Block 64 Drainage and Water Main Improvements Project. During construction, drainage issues were discovered along the west side of SW 1St Avenue. In order to remediate the drainage concerns, staff is recommending adding swales to the west side of SW 15t Avenue between SW 3ro Street and SW 4't~ Street. Since the Block 64 Improvements are on the east side of SW 1St Avenue; the plans did not call for swales on the west side. The scope of work includes the removal of existing paved parkin areas in the right-o#-way; and regrading/sodding of swales along the west side of SW 1s' Avenue between SW 3 Street and SW 4"' Street. The con#ractor, Chaz Equipment Company, Inc., has provided a quote for the work at a cost of $9,875.00; and an appropriate #ime extension of seven (7} days to perform this additional work. The pricing is commensurate with industry pricing for the scope of work. All costs assoc'sated with this change order are detailed on the attached Schedule "A". Funding is available from 448-5461-538-65.33 (Storm Water Utility Fund/Other improvementslBlock 64 Improvements). ORDlNANCE/RESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of a Contract Addition (Change Order No. 5} in the amount of $9,875.00 to Chaz Equipment Company, Inc. for the addition of swales along the west side of SW 1St Avenue between SW 3~ Street and SW 4th Street for th ock 64 Drainage and Water Main Improvements Project. Department Hea Signature: ~ `~'`~' "~'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all item11 s involving expenditure of funds): Funding available YE ~F-~' (0 7 Funding aitematives NIA (if applicable) Account No. & Description: #448-5461-538-65.33 (Storm Water Utility Fund/Other Improvemen#slBlock 64 Improvements) City Manager Review: Approved far agenda: YE O (~' Hold Until: Agenda Coordinator Review: Received: _ Placed on Agenda: Action: Approved/Disapproved S:,EngAdmin\Projects12005'SOOSAI4\OFT+SC7ALC.luz CA S Agenda Req GC 09Q407.doc~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE DATE: AUGUST 31, 2007 SUBJECT: AGENDA ITEM # ~~ ~ -REGULAR MEETING OF SEPTEMBER 4 2007 RESOLUTION N0.49-07 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on six (6) properties located throughout the City. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Resolution No. 49-07. RESOLUTION NO. 49-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Dekay Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Dekay Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELR.AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the September 4, 2007, meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective immediately upon adoption, and the assessment(s) contained herein and shall become due and payable thirty (30) days after the 2 Res. No. 49-07 mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this day of .2007. MAYOR ATTEST: City Clerk This instrument was prepared by: Susan A. Ruby, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 Res. No. 49-07 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE ~,~ ' ii ~5r: t,' '';'i ~' ,~ 5TH ST VENTURE, LLC 338 SE 5TH AVENUE c/o STEPHEN WOLF OSCEOLA PARK 1946 NE 5TH AVENUE LOT 5/LESS E 10 FT RD R/W/ BLK 104 PB3 PG 2 BOCA RATON, FL 33431 PCN 12 43 46 21 01 104 0050 CASE NBR 07 00063351 CUST NO. 12009 $ 216.00 Inv. No. 31254 $ 25.00 Admin Fee 241.00 HIGHGATE DRIVE BEXLEY PARK MASTER ASSN INC. BEXLEY PARK 12500 JOG RD STE 205 BEXLEY PARK TRS B-1 THRU B-5 K/A DELRAY BEACH, FL 33446 LANDSCAPE, BUFFER 8 OPEN SPACE PCN 12 42 46 12 22 002 0000 CASE NBR 06 00061185 CUST NO. 12303 $ 230.00 Inv. No. 31065 $ 25.00 Admin Fee = 255.00 SPANISH TRL KATHARINE D. MARTENS FL BLVD V/L N 2955 589 DEERFIELD DR TROPIC ISLE 3RD SECTION LTS 411 & 412 PB1 MELBOURNE, FL 32940 PG 3 PCN 12 43 46 28 03 000 4110 CASE NBR 07 000618967 CUST N0.8844 $ 227.00 Inv. No. 31159 $ 25.00 Admin Fee S 252.00 309 SW 5th AVENUE PLATINUM PROP 8~ TOWN OF DELRAY LT 34 BLK 32 INVESTMENTS, LLC PCN 12 43 46 16 01 032 0340 Go FAYE WASHINGTON, REG AGT CASE NBR 06 00061178 CUST NO. 12066 1652 40th ST WEST PALM BEACH, FL 33407 $ 164.00 Inv. No. 31063 $ 25.00 Admin Fee S 189.00 511 NE 3rd AVENUE PETER K. SMITH & MARIA MUNRO DEL IDA PARK N 14.6 FT OF LT 8 & LT 9 BLK 13 PO BOX 31058 PCN 12 43 46 09 29 013 0080 WEST PALM BEACH, FL 33420 CASE NBR 06 00059345 COST NO. 11553 $ 164.00 Inv. No. 31062 $ 25.00 Admin Fee Z 189.00 709 NW 4th STREET JONI DALESA WELLS SUB OF SECTION 8-46-43 S 135 FT OF E 60 FT OF 310 WASHINGTON AVE W 250 FT OF SW 1/4 OF TR 5 DELRAY BEACH, FL 33444 PCN 12 43 46 08 21 005 0130 CASE NBR O6 00060785 CUST NO. 7378 $ 175.00 Inv. No. 31060 $ 25.00 Admin Fee S 200.00 VIOLATION IS: SECTION 100.01 -LAND TO B E KEPT FREE OF DEBRIS, NEGATION MATTER CONSTITUTING HAZARDS; DECLARED , Page 1 RES N0.49-07.xls MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. THROUGH: CITY MANAGER ~` ~A DATE: 17 AUG 2047 SUBJECT: AGENDA ITEM #U• [_ ,. REGULAR MEETING W ATLANTIC AVE na. SW/NW I2"' AVE TROMBONE MAST ARM AGREEMENT W/ PALM BEACH COUNTY ITEM BEFORE COMMISSION Request for Commission approvaUauthorizationfnr Mayor to execute an agreement with Palm Beach County which will reimburse the City $250,000.00 for the installation of the trombone mast arms at the intersection of West Atlantic Avenue and SW/NW 12~' Avenue. BACKGROUND The Florida Department of Transportation (FDOT) is planning to embark on a resurface, restore and rehabilitate (RRR) project on Atlantic Avenue between SWlNW 12`~ Ave to SR AlA, excluding the section between Swinton Avenue and SE/NE 5~' Avenue which is under City control. Construction on this project is anticipated to begin late summer of 2008. As part of this project the Ciry requested that the Florida Department of Transportation (FDOT) replace the span wire signalization at W Atlantic Ave and SW/NW 12~ Avenue; W Atlantic Ave and SW/NW 10~' Avenue; and W Atlantic Ave and SW/NW 8'~ Avenue with trombone mast arms signals. The cost of converting these three signalized intersection to mast arms will be the responsibility of the City. The City asked the County for assistance in paying for this additional cost and the county agreed to contribute toward the trombone mast arm installations. The County agreed to contribute $250,000.00 toward the installation of the mast arm at SW/NW 12a' Avenue. FUNDING SOURCE Not applicable. RECOMMENDATION Staff recommends approval Enc Cc Project File Agenda File S:1EngAdminlProjects1200512005-058~OFFICiAL~2007-09-04 agenda memo trombone mast arms.doc Page 1 of 2 Smith, Douglas From: Shutt, Brian Sent: Friday, August 31, 2007 10:24 AM To: Smith, .Douglas Subject: RE: 9/4/07 Agenda Item Backup Doug, The agreement with Palm Beach County looks ok. Brian Shutt From: Smith, Douglas Sent: Friday, August 31, 2007 10:03 AM To: Shutt, Brian Subject: FW: 9/4/07 Agenda Item Backup Brian, Attached is the agreement with PBC on the trombone mast arm and also a plat for the Seagate Hotel if you needed to see it too. Thanks, Doug Smith Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7144 Fax: (561) 243-7199 Email: smithdCcaci.delray-beach.fl.us From: Kucmerowski, Carolanne Sent: Thursday, August 23, 2007 9:00 AM To: Smith, Douglas Cc: Hasko, Richard; Ballestero, Rafael; Gaskins, Lanelda; Krejcarek, Randal Subject: 9/4/07 Agenda Item Backup Doug, Attached, please find Randal's 9/4/07 Agenda Backup for the following items: Seagate Hotel on Atlantic Avenue Plat PBC Agmt. For Installation of Trombone Style Mast Arms at SW/NW 12th Ave. & Atlantic Ave. FYI - I am sending this for Randal, since he is out, if you have any questions on these items please email Randal. ~~ yuu, ~~~e i~uc.~r~ou~i Construction Management Technician 8/31 /2007 Q -F-+ N z Q U -~ C~ ~--~ Q ~• -Mr- a" rn e - r N ~~ - ti 0 0 N r M INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR INSTALLATION OF TROMBONE STYLE MAST ARMS AT SW/NW t2T" AVENUE AND EAST ATLANTIC AVENUE THIS INTERLOCAL AGREEMENT is made and entered into this day of , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and THE CITY OF DELRAY BEACH, a municipal corporation of the State of Florida hereinafter referred to as KAITV~ WITNESSETH: WHEREAS, the CITY is undertaking the installation of trombone style mast arms ~, at SWMW 12T" Avenue and East A#lantic Avenue within the CITY limits hereinafter referred to as "PROJECT"; and WHEREAS, the PROJECT consists of upgrading the intersection by adding a mast arm support structure for the traffic signal, by the CITY; and WHEREAS, the COUNTY believes that the construction of the PROJECT serves a public purpose in the enhancement of this road and wishes to support the PROJECT by providing supplemental reimbursement funding for the documented costs of the PROJECT in an amount not to exceed TWO HUNDRED AND FIFTY THOUSAND DOLLARS {$250,000); and WHEREAS, after construction of the PROJECT, the CITY will be responsible for the subsequent ma~rtenance of the PROJECT. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The above reatals are true, correct and incorporated herein. 2. The COUNTY agrees to provide to the CITY reimbursement funding for documented costs of the PROJECT in an amount not to exceed TWO HUNDRED AND FIFTY THOUSAND DOLLARS {$250,000). 3. The COUNTY agrees to reimburse the CITY the amount established in paragraph 2 for costs associated with the PROJECT, upon the CITY's submission of acceptable documentation needed to substantiate its cost for the PROJECT. The COUNTY wild use its best efforts to provide said funds to the CITY on a reimbursement basis within forty-five (45) days of receipt of all information required in paragraph 6, below. 1 4. The COUNTY's obligation is limited to its payment obligation and shall have no obligation to any other person or entity. 5. The CITY agrees to assume all responsibility for design, bidding, contract preparation, and contract administration necessary for the PROJECT, including ', payment(s) to contractor(s) pursuant to all applicable governmental laws and regulations. 8. The CITY will ob#ain or provide all labor and materials necessary for the PROJECT. The CITY shall famish to the COUNTY'a representative a request for payment supported by the following: A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and incorporated herein as Exhibit `A' (pages 1 & 2), which are required for each and every reimbursement to the CITY. Said information shall list each invoice payable by the CITY and shall include the vendor invoice number, invoice date, and the amount payable by the COUNTY. The CITY shalt attach a copy of each vendor invoice paid by the CITY along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule Form. Further, the CITY': Financial Officer shall also certify that each invoice listed on the Contractual Services Purchases Schedule Form was paid by the CITY as indicated. 7. As it relates to this Agreement, the COUNTY may initiate a financial systems analysis and/or an internal fiscal control evaluation of the CITY by an independent auditing firm employed by the COUNTY or by the County Internal Audit Department at any time the COUNTY deems necessary. 8. The CITY shall be solely responsible for obtaining and complying with all necessary permits, approvals and authorizations from any federal, state, regional, COUNTY or agency which are required for the PROJECT. 9. The PROJECT shall be completed and fina{ invoices submitted to the COUNTY no later than March 31, 2009, and the COUNTY shall have no obligation to the CITY or any other entity or person for any cost incurred thereafter, unless the time for completion is extended by modification of this Agreement. '! 0. Each party shall be liable for its own actions and negligence and to the extent permitted by law; the CITY shag indemnify, defend and hold harmless the COUNTY against any actions, claims or damages arising out of the CITY's negligence 2 in connec#ion with this Agreement or the performance by the CITY as it may relate to this Agreement. T'he foregoing indemnification shalt not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shelf the same be construed to constitute agreement by either party fo indemnify the other party for such other party's negligence; willful or intentional acts or omissions or for any ~ amount over the limits set forth in FL Statute 768.28 despite any case law to the contrary. 11. Without waiving the right to sovereign immunity as provided by s. 768.28 ~ f.s., the CITY acknowledges to be self-insured far General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. i In the even# the CITY maintains third-party Cammerciai General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under s. 768.28 f.s., the CITY shall agree to maintain said insurance policies at limits not less than $x00,000 combined single limit for bodily injury or property damage. The CITY agrees to maintain or to be self-insured for Worker's Compensation & Employers Liability insurance in accordance with Florida Statute 440. When requested, the CITY shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance, andlor sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverage. Compliance with the foregoing requirements shall not relieve the CITY of its liability and obligations under this Interiocal Agreement. 12. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the CITY certifies that its affiliates, suppliers, sub-contractors, and consultants who perform work hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 13. The CITY shall require each contractor engaged by the CITY for work assodated with this Agreement to maintain: Workers' Compensation coverage in accordance with Florida Statutes, and; 3 a. Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION DOLLARS ($1,000,000.00). The COUNTY shall be included in the coverage as an additional insured. b. A payment and performance bond for the total amount of the IMPROVEMENT in acx:ordanoe with Florida Statute 255A5. 14. In the event of termination, the CITY shall not be rel'~eved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Agreement by the CITY; and the COUNTY may withhold any payment to the CITY for the purpose of set-off until such time as the exact amount of damages due the COUNTY is determined. 15. The CITY's termination of this Agreement shall result In all obligations of the COUNTY for funding contemplated herein to be cancelled. 16. The COUNTY and CITY agree that no person shall, on the grounds of race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be discriminated against in performance of this Agreement. 17, In the event that any section, paragraph, sentence, dause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effeci 18. Ail notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage paid, to the following: AS LO THE COUNTY Engineering and Public Works Department Tanya N. McConnell, P.E. Deputy County Engineer P.O. Box 21229 West Palm Beach, Florida 33416-1229 ~ ]'O THE CITY City of Delray Beach Mr. Randall Krejcarek, P.E. Director of Environmental Services 100 NW First Avenue Delray Beadj, Florida 33444 4 19. This Agreement shall be construed and governed by the laws of the State of Florida. Any legal action necessary #o enforce this Agreement shall 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 other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now hereafter existing at law or in r equity or by statute or otherwise. No single or partial exerese by any party of any right, power or remedy shall preclude any other or further exercise thereof. 20. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be home by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. 21. Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of ;dignity herewith. 22. Each party agrees to abide by all laws, orders, rules and regulations and the CITY will comply with all applicable governmental codes during the PROJECT. 23. The COUNTY shall not be deemed to assume any liability for the negligent or wrongful acts, ar omissions of the other party (or parties). Nothing contained herein shall be construed as a waiver, by any of the parties, of the liability limits established in Section 768.28, Florida Statutes. 24. Each party shall prompty notify the other of any lawsuit, complaint, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. 25. The parties expressly covenant and agree that in the event any of the parties is in default of its obligations under this.Agreement, the parties nat in default shall provide to the defaulting parry thirty (30) days written notice before exerdsing arty of their rights. 28. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. 27. This Agreement represents the entire understanding among the parties, 5 and supersedes a#I other negotiations, or agreements, either written or oral, relating to this Agreement. 28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and far Palm Beach County, Florida. 29. This agreement shall be effective upon execution by both parties and sha#I continue in effect and be bind#ng on the parties until the PROJECT is completed as evidenced by the written acceptance of the COUNTY or March 31, 2009, whichever occurs first, or terminated in accordance with Paragraphs 14 and 15. REMAINDER OF PAGE LEFT BLANK IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date frst above written. CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ey: Mayor ATTEST: By: city clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Date: By: Addie L. Greene, Chair ATTEST: SHARON R. BOCK, CLERK & COMPTROLLER sy: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney Date: APPROVED AS TO TERMS AND CONDITIONS By: Date: PALM BEACH COUNTY Exhibit A ENGINEERING & PUBLIC WORKS DEPARTMENT CONTRACT PAYMENT REQUEST (PROJECT) Grantee Request Date Billing # Billing Period PROJECT PAYMENT SUMMARY Project Costs Cumulative Total Item this Bitting Project Costs Project Costs Consulting Services Contractual Services Material, Snppliea, Direct Pnrchasea Grantee Stock Equipment, Furniture TOTAL PROJECT COSCS Certification: I hereby certify that the above was incurred for the work klentified sa being accomplished is the attached progress reports. Administrator/Date Certificatioe: I hereby certify that the docnmeotntion has been maintained as required to support the project esPenses reported above, and is available for audit upon request, Financial Officer/Date PBC USE ONLY County Funding Participation $ Total Project Costs $ 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 Page 1 of 2 Ha z~ wA a~~ d~ W W A~ ~j~U c~~ U~ 3a ~ ''" U Wad ~~ ~~~ ~~~ W~ ~~ WO F °a w A .~ a m 00 5 r~ ~~ ~./ a. '~ '~ .^,oa o ~ a .~ os ~z .~ ~~~ U~ ~~~ 'a A b U ,~ ~ U O ~~~ ~' V ~p~ C U ~r,' '~ ~ '~ O W N y ~ G ~ ~Oppp 'T+ ,O ~ Q C ~~ .`~~ ~ ~ ~ ~ ~ a ~+ ~ V 0 ~ x ~~~ U v S a ~~ w~ ~~ .~ ~~ •~ 6 'aa• .5 o~ U 0 ~. .~ ~v d N ~, 0 N a MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS DAVID T. HARDEN, CITY MANAGER FROM: SUSAN A. RUBY, CITY ATTORNEY DATE: AUGUST 24, 2007 SUBJECT: AGENDA ITEM # INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPYMENT AGENCY FOR WORK PERFORMED BY THE CITY ATTORNEY'S OFFICE ITEM BEFORE COMMISSION Approval of an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency for Work Performed by the City Attorney's Office. BACKGROUND The CRA's legal services are currently provided by Goren, Cherof, Doody & Ezrol, P.A.; however, the firm also serves as general counsel to the South Florida Regional Planning Council (SFRPC) and is unable to represent the CRA's interests in the negotiations with them on the Brownfields Cleanup Revolving Loan Program. Therefore, the CRA is requesting that the City provide legal services to assist the CRA with the negotiations with the South Florida Regional Planning Council. In general, the attached Interlocal Agreement indicates the legal services are not to exceed $160.00 per hour for all legal services provided including meetings. The CRA approved the Interlocal Agreement at their meeting of Thursday, August 23, 2007, subject to City Commission approval. RECOMMENDATION City Staff recommends approval of the Interlocal Agreement with the Community Redevelopment Agency for Work Performed by the City Attorney's Office. cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Jeff Costello, Assistant Director of the CRA Meeting Date: August 23, 2007 Agenda Item: Summary CARVER SQUARE - INTERLOCAL AGREEMENT On March 8, 2007, the City approved Resolution No. 20-07 designating the area within the boundaries of the Carver Square Redevelopment area of the CRA as a Brownfield Area for rehabilitative purposes as well as obtaining potential funding for the remediation. The CRA is negotiating with the South Florida Regional Planning Council (SFRPC), which has a low interest revolving loan program (Brownfields Cleanup Revolving Loan Program) that provides very flexible repayment terms to help offset the costs of remediation. The CRA's legal services are currently provided by Goren, Cherof, Doody & Ezrol, P.A.; however, the firm also serves as general counsel to the SFRPC and is unable to represent the CRA's interests in the negotiations with SFRPC on the Brownfields Cleanup Revolving Loan Program. Therefore, the CRA is requesting that the City provide legal services to assist the CRA with the negotiations with the SFRPC. In general, the attached Interlocal Agreement indicates the legal services are not to exceed $160.00 per hour for all legal services provided including meetings. Recommended Action: Approve the Interlocal Agreement with the City for legal services related to Carver Square. Submitted By: Jeffrey A. Costello. Assistant Director INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR WORK PERFORMED BY THE CITY ATTORNEY'S OFFICE. THIS AGREEMENT is made this day of , 200_ by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, on March 8, 2007, the CITY approved Resolution No. 20-07 designating the area within the boundaries of the Carver Square Redevelopment area of the CRA as a Brownfield Area for rehabilitative purposes as well as obtaining potential funding for the remediation. WHEREAS, the CRA is negotiating with the South Florida Regional Planning Council (SFRPC), which has a low interest revolving loan program (Brownfields Cleanup Revolving Loan Program) that provides very flexible repayment terms to help offset the costs of remediation WHEREAS, the CRA has entered into a contract with Goren, Cherof, Doody & Ezrol, P.A. to serve in the capacity of general counsel to the CRA which entails providing legal services to assist the CRA in its effort to achieve its stated goals and objectives. However, the firm also serves as general counsel to the SFRPC and in order to avoid any conflict of interest, Goren, Cherof, Doody & Ezrol, P.A. will not represent either party with respect to the Brownfields Cleanup Revolving Loan Program. WHEREAS, the CRA requests that the CITY provide legal services to assist the CRA with the negotiations with the SFRPC not to exceed the amount provided for in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CITY shall be responsible for general legal services for the CRA including, but not limited to attendance at various meetings and day-to-day legal services, as necessary, in association with the Brownfields Cleanup Revolving Loan Program administered by the South Florida Regional Planning Council. 3. The CITY is to be paid as follows for the services performed pursuant to this Agreement: A. An hourly rate of $160.00 per hour for all legal services provided including meetings. B. The CITY shall consult with the CRA Director and obtain the approval of the Director prior to incurring expenses for expert services for litigation purposes in excess of $2,000.00. 4. The term of this Agreement shall commence upon execution by both parties. Either party may terminate this agreement for any reason or no reason upon thirty (30) days written notice to the other. 5 This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 2 6. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 7. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 8. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 10. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Rita Ellis, Mayor Approved as to Form: City Attorney ATTEST: COMMUNITY REDEVELOPMENT AGENCY By: Print Name: 3 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 200_, by as (name of officer or agent, title of officer or agent), of corporation (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the He/She is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida H:\2007\070380\Carver Square -ILA City CRA for Legal Services 8-24-07.doc 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~~ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: AUGUST 28, 2007 _ SUBJECT: AGENDA ITEM # E J ~ ~ ! -REGULAR MEETING OF SEPTEMBER SPECIAL EVENT REQUEST -ART AND JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for October 18, 2007 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7`h Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1St Avenue, NE/SE 2nd Avenue, SE 3`d Avenue, NE/SE 4th Avenue, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, budget, site plan, Hold Harmless Agreement, and Certificate of Insurance for this event received from Marjorie Ferrer. Although we are not asking to close Atlantic Avenue west of Swinton, the event boundary will extend to NW/SW 5~' Avenue. Entertainment will be located in the library, in front of Atlantic Grove and in Clay Widemans Parking lot. The estimate of overtime cost for this event is $8,240. Cost for the barricade rental is estimated at $300 and trash boxes $400. Although EMS assistance was not requested, staff is recommending it be required. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 20% for all costs over $1,000 plus the full cost of barricade rental and trash boxes. The estimated charges for this event will be based on the new Event Polices and Procedures. This event is sponsored by the Sun Sentinel. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, including barricades with payment of costs to the City per the agreement between the City and the Downtown Marking Cooperative contingent on charges for City services set in the new Event Policies and Procedures. RAB/db Attachments U:\wwdatalEventslArt & JazzWgenda Item Art & Jazz on the Ave 10.18.07.doc [?E~RAY BEACH i i f3 • i b A City of Delray Beach ~'~~- Special Event Permit Application PLEASE PRINT ~ ~~~ 2Q{t1 Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event Name/Title: Art & Jazz; 2. Event Date(s): Event Time(s): October 18, 2007 6-10 pm 3. Event Sponsor/Producer: Downtown Marketing Cooperative 4. Event Contact/Coordinator: Marjorie Ferrer 5. Address: 64 A SE Stn Avenue, Delray Beach, FL 33483 6. Telephone Number: 561-279-1380 ext 17 Cellular Number: 561-271-3168 7. E-mail Address: Mariorie(a~delraybeach.com 8. Event Description: Art & Jazz is an event that brings thousands of people to our downtown area. The purpose is to provide the setting for an open house for merchants (!f neighborhood block party, then please skip questions #10-35 and go to question #36) 9. Sponsor Category: (please check) City XNon-Profit/Charitable ^ Private ^ Co- Sponsor -Non-Profit/Private ^ (!f Non-profit attach proof of 501 c(3), c(4), c(6), c(10) or c~19)) 10. Event Location/Address: Atlantic Avenue from NW/SW 5t Avenue to SE/NE 7tn Ave_nues_Str_eet Closures are as fol-ows: Atlantic Avenue from Swinton to NE/SE 7t Avenue from Atlantic Avenue to south side of Alleyway; Alleyway between NE 2"d Ave and Railroad Wav; Site plan attached: yes _X_ no (Site plan required for entire event site) 12. Event budget attached: yes X_ no (Required for all events) 13. Serving or selling alcoholic beverages: yes no X_ (!f yes, copy of license and alcohol liability insurance required two (2) weeks priorto event) 14. Event certificate of insurance attached: yes X_ no (Required two (2) weeks prior to event naming the City as additional insured, alsorequired for vendors) 15. Playing of amplified music: yes _x_no (Waiver required) " Reauest Waiver of Noise Ordinance 16. Requesting Police assistance: yes X no (Traffic control/security) 17. Will supplement with private security: yes no X (/f yes, need plan attached) 18. Requesting Emergency Medical assistance: yes no X_ 19. Requesting barricade assistance :yes X no 20. Requesting trash removal/clean up assistance: yes X no 21. Requesting trash boxes and liners: yes X no 22. Requesting stage use: yes no X (If yes, check type) Large stage covered^ Large stage no cover ^ Small stage ^ Half small stage ^ 23. Requesting signage :yes X no Type: Event sign (4'x4') Directional signs Banner hanging _yes Indicate dates required 1 week prior (Waiver required if more than one (7) week prior to event) 24. Food and beverage vendors: yes no X If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event 25. Health Department approval: (see attached) yes no 26. Other vendors: -Sponsors only yes no X 27. Tents: yes X no (lf yes, tent permits and frre inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? Yes no X (lf yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? Yes no X (Show on-site map) 30. Will there be fireworks or other pyrotechnics? Yes no X (lf yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? Yes no X (!f yes, contact Fire Marshall) 32. Will you be providing port-a-lets for the event? Yes X no (lf yes, locate on-sife map. If no, indicate how you will handle restroom needs) 33. Will there be a charge for the event? Yes no X (lf yes, indicate ticket prices) 34. Is reserved parking requested? Yes no _X (/f yes, indicate locations) 2 35. Neighborhood Block Parties (Neighborhood block parties only) • Is event sponsored by the Homeowner's Association? yes no (lf not, then individual(s) submitting permit application must also submit a petition signed by 51 % of the homeowners who live on the block) • Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4} Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. Event Contractor/Coordinator Please print: ~1r~~D~-t ~ ~1~~~F- Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1 St Avenue, Delray Beach, Florida 33444. For Staff Use Only Date Received Application fee received $ 100.00 Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 ~ W I- 25 25 25 8 ° ~ $ $ g ao ° n $ o o° ° ~ °o ~n oo°OO o - °o - ~i m ~ ~- Q W Q O N N p N N (. ~ am9 W o1 e- O ~ p r N . ~ a O o N m ~ ~ ago m m `o m ~ E~ E w C c ~ m m e m d w ~ Q ~ ~ ~ o °' ~ o ~ ~ ~ °c II' ~ C 2 ~ '~ c O a a a ~ v -c r(7 a a c m [~ € a m ® o 2 .Q W W E ai m m ' ~ ~ ~ > ° m `i ` v ~ ' ~a m` c n s v a U a g c n F - W p O p M O p ~ ~ C N ~' M f p O N O aN- pO N O N O lP'f'7 O O of CD ~ 1~ U f O i0 N Y 7 O a~ Oi o f ~ 0 N O° a - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - - -- - -- - - - - - W ~ WQ~ r po ~ W S W ~M+7 r O o O WS p O ~- ~ r 1' 9 p CNO ~c i r g N Z O uz O N O Z ~ ~ ~ a ~ N~ ~ N ~ . ? 7 .. m m W F $ 6 a$ $ F W ~ g o m a0o ~$ on p ~V u3 3$ g M M O y ) O a r p N N G r ~ m ~ M r !O O m ~ m LL _ :3 S S ° ~ $ M m" r h $ f ~ O b ~ NO A ~ ~ 1~ ~ ~ ° ~ G~ n ~ o A W ~ - a ~ ~ ~ ~ N ~ ~~ ~ io N ~ r ~ upi (q ~ ~n c $ g N m o m p~ Z 4] ~- N N ~ p O c~pp 0 ~ ~ ~ p O O O 0) V r N f7 N O m m O ~ ~ ~p n pp O O m O) D) N N r r Q W ~ N m ~ r S f7 ~ N O ~ COD D7 N ~ ~C1 C ~ `- O 7 t0 O r ~ O O m O ~ b N Q O M O c9 W N ~ V ID ~ m ~ N M r ~ s W > Q4z i O O ~ 1~ pp a` tttQQQp o < l n Q M °D ~ ~ M .°n Q ~ r can M °o rO Oi ~°n N (> r p N Cj ~ C 1f r ~ Q ~ r ~ r O N N ~~ .m.. n w 8 ~ z~ N a` 4 2 ~ ' ' b W Q OS $ m °~ ~ •m• ® = ~ W W q N N ~' ~ a d 3 '~ ~ ~ m ~ U 1 m s ~ c m ~ 0 _c ~ -W ° a O p~ $ O E 'o ~ e a A ~ s W Q ~~~ Q E m aA y O a ~ - a Z tl W C E m ~ ~ E ~ !p -~ "' ~ J - c E 10 ~ 3 O 'C m ~ c m U D ~ CC t ~ q ~ C• W LL ~ p aIS X J eD, ~~ ~ ~ ~ Yn Z ~ C i m !A p ,J Q Z W ~ m ~i m ~ 'C O O c8 ~ § m a F L _ C Q ~ .~ a d 8 W LL ~ fl - C a = ~. w m '~ . a Y 2 7 .c ~ m ~ O X ~ v i O ) O "c - 0 0 0 ~ ~ p Q O ~ N p m L ~ = ~ 7 m L ~ O W O) V) 3 ~ 2 f W ~ tp m U W U m d m U SO ~ `1 ~ d CA r- U ~ w C dr t 2 SPECIAL EVENT HOLD HARMLESS AGREEMENT The Delray Beach Downtown Marketing Cooperative (comprised of the Community Redevelopment Agency, Downtown Development Authority, Chamber of Commerce and the City of Delray Beach) agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Delray Beach Downtown Marketing Cooperative use of City Facilities or property for the special event of *~R r 1 ?.,< ~~- B~ 17~~ L1t/f^~/yE and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of ,t ar ,fNo Ti¢Z Z d,V ?/rE ,f v~=.vdc~ "This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative as covered under Scottsdale Insurance Company Policy number CLS 1334466 Frank Wheat, Chairman Community Redev~{opment Agency Louis Cartf6ne,~ Chairman Downtown Development Authority William Wood, Presi nt Chamber of Commerce Robert Barcinski, Assistant City Manager City of Delray Beach Revised 4!21!06 ...• ...rr ~...., ,t. v- . nr. vu .c. u.~c+~ r ~nointuu~ IgJ UV 11 VV f ~~~~ ~ ~ .. ~. CERTff={CA"f E OF LfAB{L1TY {NSURAN~E OP ID ~n~- "ROD1~R ~ -z oz le o~ THIS CERTIFICATE IS IS8UE0 A8 A NATTER OF IFIFO~RMAATION The Plaatridge l-gracy, Inc. ONIYANDCOIIIFERSNORiGMTSUPOnITNECERTIFICATE 810 N.Z. 6 tb ~lY-eaue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Delray Saaah 1L 33483 'u~'~ECOVERAGEAiFORD~sYTKEPOLIC~SBl3LpW, >?hanea 563-176-5121 I'axas6l-:i76-SZ44 ~ ,_ INSURERS AFFORDINQ CCYERAGE NAIC >1 Delra B$~*IaCh i~OIFRERA: eaoat~.l. s.a4enc. o,.,,oy, . Coope~ratiw;DD1-,~,~Cb~bsr p~ +NeuRERY, rae Cs of O ray BOAC e~18URERC: 1 Delriy~eiach fLA~3483 +Ne~RQ ThtE POLICIES OF INBIIpIMICE LIBT@p ~I,Qyy,eyE BEErI SSLIED TO THE INSURGD NAMW AOOVB FOR THE t"OLICY PESapD RIDICAT6D. NOTwfTNBTAtI0Ny0 ANY R®DU1RiMCN'-. rgRpl OR CONDITIDN OF ANY CONi,tRCT Oq OTHfIi DOCUMENT WITH REBIECT TO YRiCN THIS CERTIFICATE MAYBE ISS{Kp 011 MAV PGRTAw, TiIG INSURANCE AFFORDED BY TFIG POL-::I~ DESCR1s6D HER¢n~1 i3 BUBA'!CT TO AlL TYIE TERMS. QfCLIIBIDNS AND CONDITIDNS OF 9UCM POLICIsii. AAGREpATE LIMITS EHOWN MAY HAYi e6iN IibuCEp BY PAD CWMS. R ~ or IN`URANCE pOLICr I+NM~ER oA Llilf-S cENERAI LMJILI'fY ]- R x C~MMERCIM, GGNGRAL wBEITY CL911 i e S4 0 EACH O°c~~~ i 01/13/0? 01/13/08 i CLAMIS MADE ~ OCCUR iIFD E~ (a+fr one A~nl s ~EReDIML i, ADV ul~uRr f GEN1 AGGREGATE LiNpIT APPLES PER: GENERAL AC~OATE i POLICY ~ .IECT I I LOC PRODUGTi. COMProP A00 AYTOIOfILE LJIIDILITT ANY A1n0 tiwd.E Li~1R ~ ( = Ea sai dw ALL OWNED AuTna SCMEODUED AUYQS BODiv r (Pk eueenl i MiiEp AUt08 NON~OWNEpAUTOS ~O D E Y ( i re Ca Id 1 i ~ OAMA6E i 6ARAtie LIABLITY ( ANY AUTO AUTO allLr • ~ AtBrIOENT s OT THAN EA AGC i ' fir' DfOESytIMDRILLA LWILt1Y AGO i OCCUR ~ CLAIMB MADE EACM OCCURRENCE s AOGRlpATE s OGDUCTEtLE i RETENnDN s i rYORIiRRB COMMENBATION AND - i Ems` U1A~RITY TO r L/1MT _ ~ECUrIYE " ~ P G L iACH ACCIDENT o I I CMEt . . i I iMCML I7l~IONS b l E.L. DISEwSE • EA EAIPlOYE s e ow eule - EL. D18EABE . I'OtJCY Liver f -......mow. r vrcwwr ~~pNO 3Dseial 3rve>nt - 6 11rt F Jas: {I.1 Ehe AvsAUe. City of Delray Heach is listed as additioaal iaeured. CITY'D -1 irwuLO ANr of 711E ABOVt DEepas®rouclEB ~ GNea,Ltp 9BF011! THE lIIReULT10l DATE TNEREOP, THE IS®UIN6 INSURER wR.L ENDEAVOR Tp YIAIL 30 DAYS eeNlTf'eN NOTICE TO THE CeRTIFICAT! HOLDER NAMED TO THE L!P-, Bifr FNL{gE TO DO !D iNALL City o! De 1 city Seac2~ IMFOK NO DeucATiON ON LM`BILITY OF ANY IoNp UPON TH8INSURE~, rts AGENTS OR 100 >tT.9i. Set 7-vs:tue R!-REOENrAYrvrs. Delray Beach fL 33444 AUTHOR REPRE3ENTA E towros~ r0 AC0 CORPORATION 7981 .- ~; 3/~Mit tt1! ~ '1 ~' ~~."~~ --. .~,,~ >__,: ~~ ,.~.`„ .~ ~~~~ ~ *rs~llL ~-_ . s, ~ ~ ~~ ~ ~~~ ~~l ~~ 3AY K2g 3S .w MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: t"ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGE DATE: AUGUST 24, 2007 SUBJECT: AGENDA ITEM # ~~ •,1: -REGULAR MEETING OF SEPTEMBER 4, SPECIAL EVENT REQUEST -13~ ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 13`" Annual Downtown Delray Craft Festival to be held on September 22 - 23, 2007 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of NE 2°d Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of NE 3rd Street, to utilize City Hall parking lot for vendor parking, to authorize staff support for traffic control and security and barricading. BACKGROUND Attached is a request and permit application from Howard Alan Events, Ltd. for this event. Part of the proceeds will shared with the Downtown Marketing Cooperative. The City is requested to provide police traffic control and security for this event. In addition, City staff will install and remove barricades and a Fire Inspector will be required. The event sponsor will provide vendor approval, event management, site clean up, and port-o-lets. We will work with sponsor to try to reduce City costs through the use of private security for night time shifts. The estimated cost for overtime is $5,220. The budget for this event, certificate of insurance, and site plan are attached. Signage per LDR's Section 4.6.7(D)(3)(j)(i) can be installed 10 days prior to the event and must be under 20 square feet. Per event policies and procedures, the event sponsor will pay all City costs. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for street closure and use of City Hall parking lot, approval of staff support for police traffic control and security, barricading and Fire Inspector with the sponsor paying all overtime costs. This is conditional on the receipt of an executed Hold Harmless Agreement. RAB/db Attachment U:\wwdata\EventslHoward Alan Crag Festival\Agenda Item Re 13th Annual Downtown Delray Craft Fest Sept 22-23 2007.doc ~~ ~~ ~~B EV£NTB, LTD. August 14, 2007 Mr. Robert Barcinsla Asst. City 1V1(unager CITY OF DELRAY TOO NW laAvenue Delray Reach, Fl. 33444 Dear, lV.kr. Baroinski: we are planning for the 13~'~ ,A~nua1 Dawx~tow~ Delray Craft Festival, to be }~e~d Septembelr 22 & 23, 2007 at Pineapple Grove on NE 2"~ Avenue. Please be advised that the following tentative logistics fior the I3°i Annual Aowntown Delray Craft Festival will be arranged: STREET CLOSLTItE: Bob's Haxricades will drop off bamicades vn, T'~day, September 21 and our employees will set them up early on Saturday zrtozning, unless rove are advised that the City of bclray will again order the barricades and set them up. PQLICE: The Delray Police Aepartm~ent will arrange for police and s~xin it3+ from loam to Sptn. o~n Saturday and Sunday and overnight security officers on Saturday from tSgtn fi 6am. PORT O LETS: 3 regular and 1 handicap port o let wilt be ordered through. ABLE SANITATION and will be dropped. off on Friday, September 21, 2007 and will be packed up on Monday, September 24, 2007 with servi.cin,g on Sunday, September 23'x, 2007_ They will be placed on the north aide of3'~ 5trect, approximately 50 feet north of Pineapple Grove (NE 2'''r' .AVE) and on the grass Swale area. DiJMPSTER= A 20 yard roll offdumpster is ordered from WASTL 1VIANACiEIvTENT and will beptaccd next to the port o lets aF noted above. It will be dropped off an. Friday and picked up on NTonday as well. TRASH RECEPTACLES: Trash receptacles will be supplied and maintained by our professional. clean up crew ('T'ENTS 4 EVENTS). They will handle clean, up of the trash throughout tbe area each day_ VENDOR I'ARKINC: Parking will be at CITX FALL at 100 NW 1 sr Avenue INSURANCE: City required certificates wilt be issued. As alwayp, we greatly appreciate your great help and time that you put into tbeve events. If you have any questions, please feel free to calf me at 954 472 3755 Sincerely, Terri Phillips Operations Director/Artist Liaison 9695 VP. $rowsrd Blvd., Plantation, F~ 3332 Off'ree. 954~472~3755 ~axt 954-472-3891- City of Delray Beach Special Event Permit ,~ . Application ~ r PLEASE PRINT Event Approved/Denied Date of Approval/Denial Approved/Denied by Title ____ 1. 2. Event Name/Title: Event Dates}: al 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. vent Time(s): Sad ~ Svc k0o~m - ~~m Event Sponsor/Producer: ~ n M ~Fi r~o r~a~i~i~e_ Event Contact/Coordinator: +t C~~N O~IrC~ ~1ball ~ r1tC Address: 4toq ~v r Qtv t~l o~n~ta-~o~ F ~ 3"332 y Telephone Number: f~5N ti12 -S-75S Cellular Number: f4s~~coco- ~- t~bBS E-mail Address: Umo,~1dO~~art~e~yUi • Go'o'n Event Description: U~dOOr ~~rieci C:ra~+ ~C":~~tivr.~.~ (if neighborhood block party, then please skip questions #10-35 and go to question #36) Sponsor Category: (please check) City ^ Non-Profit/Charitable ^ Private Co- Sponsor -Non-Profit/Private ^ (If Non profit attach proof of 501 c(3), c(4), c(6), c(10) or c(19)) Event Location/Address: 1i ~~le ~n Ile Nar~rn O~ 1~-t1Q(1~iC. A~lun~e ~v E.~bc~U+ 00` K'-F Site plan attached: yes ~ no (Site plan required for entire event site) Event budget attached: yes / no (Required for all events) Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) / Event certificate of insurance attached: no yes (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) '/ Playing of amplified music: yes no (Waiver required) ~ Requesting Police assistance: yes no (Traffic controUsecurity) 1 17. Will supplement with private security: yes no~ (If yes, need plan attached) / 18. Requesting Emergency Medical assistance: yes no 19. Requesting barricade assistance yes_~~ no 20. Requesting trash removal/clean up assistance: yes no ~` 21. Requesting trash boxes and liners: yes no / 22. Requesting stage use: yes no ~~_ (If yes, check type) Large stage covered ^ Large stage no cover ^ Small stage ^ Half small stage ^ 23. Requesting signage : yes no Type: Event sign (4'x4') Directional signs Banner hanging Indicate dates required (Waiver required if more than one (7) week prior to event) 24. Food and beverage vendors: yes / no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event ~wE' ~ S-x ; A p~1V in Q ~ r 1`~2rnn i ~ 25. Health Department approval: (see attached) yes no [App~Y~ng NO`"~ 26. Other vendors: yes no 27. Tents: yes~_ no (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes no_~_ (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? yes no / (Show on-site map) 30. Will there be fireworks or other pyrotechnics? yes no~~ (If yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? yes no (If yes, contact Fire Marshall) ~ 32. Will you be providing port-a-lets for the event? yes no (If yes, locate on-site map. !f no, indicate how you will handle restroom needs) '~ 33. Will there be a charge for the event? yes no (If yes, indicate ticket prices) ~ 34. Is reserved parking requested? yes no (If yes, indicate locations) 2 35. Neighborhood Block Parties block • Is event sponsored by the Homeowner's Association? yes no_ (If not, then individual(s) submitting permit application must also submit a petition signed by 51 % of the homeowners who live on the block) • Please note the following:1 } Approvals will only be given for a one {1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3} Consumption or sale of alcohol on 'City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all ~uertime costs that incurred as a result of City staff involved in the :ontractor/Coordinator print: -'~[ovlctrd AIAx~ ~~j~~~a~ Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. For Staff Use Only ..~ Date Received 1~' ~ Application fee received $ ~~~ Site map `~ Budget Certificate of insurance / Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3} or (d) certificate or letter ~-- Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval .~ r ~Lf~l~i tG •' .~ ~ XXXXXXX~~C ~ . .~-~. ~ ~ ~ ~~ S ~ ~-~~~5 ~~ ~fl'~ _ ~P i ~ ^ .~ ~ree,a~+~oa~ta~ ~ ~~a~ .~ ~ ~, ~.. :~ ,~ ,~ ~ ~ ~ ---~ 1 ~ ~ ~~ t ~ ^ ~~ ~ ^ ~ f...G?(~ ^ 1 i i ^ ^ ^ ^ _ ~ S -~ i ^ ^ • ^ ^ ,i . ' . _~X . ,.. Nom. ~sfi~ .~~~~e v ~ ~-~~ee-~- nP~' . .i it 4 N r , t ~ ~ rHl7G U4 O ~ ~~ ^ ^ ~-~,S 4n ., ^ ^ c ~ `~ i ~ ~~~ CIQ~' ~ . l~-t' `~- .~ I~.XXXXXX Y ~ ~:.- ~. ,~ e ~. . ~ . P ~# '~ i ~ ^ .. ~ i l~~ r ~ ~ W ~~ On ~ (~t1Slt ~ 8 e yy~pp w 9 F $ ~~ Gt~ ~ ~• • ~' ~ ~ .~r V ' • ~ ~Z ~~0~515 .~~ . M~DO ~ ~' ~~ y~ t£zJ`'~ 4,Pet~ l ~~. ~t~ gr1C ~~~ ~ ~/ ~~ IIRM `V ~/ Port-O- Let ~t~s~ dWffi/` ,' . . ~~ 1Vea~r00~1~ ' _~ i . I • '~ i ti ~_ {~ ~~ .~~~' ~~ I. -. R Dumpst~r American Craft Endeavors 13th Annual Downtown Delra Beach Craft Fest ival September 22 8~ 23, 2007 PROPOSED BUDGET FOR S eptember 2007 Income Number of Crafters 120 Crafter Revenue $18,500 Number of Food Vendors 3 Food Vendor Revenue $1,049.40 Total Revenue $19,549.40 EXPENSES Advertisin Boca Raton News Ex ense $708.50 Palm Beach Post Ex ense $2,551.12 South Florida News a er Ex ense $325.00 Sun Sentinel Ex ense $2,544.80 Advertisin SubTotal $6,129.42 Services Permit Palm Beach Coun Health Ex ense $25.00 Si na a AA Si n Lines Ex ense $600.00 Sanitation - Portolets Able Sanitation Ex ense $503.50 Sanitation - Dum sters Southern Waste Ex ense $746.36 Sanitation Tents 4 Events Ex ense $425.00 Barricades Bob's Barricades Ex ense $350.00 Securi Ci Of Delra Beach Ex ense $1,059.08 Rentals Tents 4 Events Ex ense $400.00 Gra hics for advertisin Ex ense Ex ense $75.00 Pa oll Hela ne Stillin s & Staff Ex ense $1,677.80 Rental Pro ert Delra Joint Venture Ex ense $2,000.00 Lod in sand meals, travel Ex ense $400.00 Two Million Dollar liabilit ins olic Ex ense $650.00 Administrative Overhead tele hone, mailin s,etc Ex ense $1,100.00 Service SubTotal $10,011.74 Total Expenses $16,141.16 Show Profit $3,408.24 AMB CERTIFICATE OF INSURANCE IssueDA 5/07 1333291 3/0 PRODUCER THIS CERTIFICATE IS ISSUED A5 A MATTER OF INFORMATION ONLY K & K Insurance Group, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1712 Magnavox Way CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE P.O. BOx 2338 COVERAGE AFFORDED BY THE POLICIES BELOW. 801 Fort Wayne, In 46 COMPANIES AFFORDING COVERAGE INSURED COMPANY A LETTER GREAT .AMERICAN ASSURANCE COMPA HOWARD ALAN EVENTS LTD (SEE GAI3001) 9695 W. BROWARD BLVD. COMPANY B FL 33324 PLANTATION LETTER , COMPANY C LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE IN SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NC=NOT COVERED CO POLICY EFFECTIVE POLICY EXPIRATION . TYPE OF INSURANCE POLICY NUMBER ATE (MM/DD/YY) DATE (MWDD/YY) LIMITS (in thousands) LTR General Liability 12 : O lAM 12 : O lAM General Aggregate $ NONE p, ®Commercial General Liability PAC0788942205 3/05/07 3/05/08 Products-Comp/OpsAggregate $ 5000 ^ Claims Made ®OCCUr. Personal 8 Advertising Injury $ 10 0 0 ^ Owner's & contractors Prot. Each Occurrence $ 1000 ®FRT, a _~'1 MTT,T, f Fire Damage (Arty one fire) $ 3 0 0 $2MILL Medical Expense (Any one person) $ 5 Participant Legal Liability $ N Automobile Liability 12 • O lAM 12 • O lAM Combined Single A An auto ^ y PAC0788942205 3/05/07 3/05/08 Limit $ 1000 All owned autos Bodily 8 Scheduled autos Injury $ er arson ®Hired autos Bodily Non-owned autos Injury er accident $ ^ Garage Liability Property ^ Damage $ Excess Liability 12 : O lAM 12 : OlAM Each A r ate 99~ A ^ FOLLOWING FORM EXC0788942305 3/05/07 3/05/08 Occurrence ®OtherthanUmbrellaform $ 1000 $ 1000 Workers' Compensation Statutory and $ Each Accident Employers' Liability $ Disease-Policy Limit $ Disease-Each Em to AD&D $ Participant Prima Medical $ Accident Excess Medical $ Weekl Indemni $ X DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS THE CERT HOLDER IS LISTED AS AN ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPERATIONS OF THE NAMED INSURED. RE:13TH ANNUAL DELRAY BEACH CRAFT FESTIVAL 9 22-9 23 07 CG2024 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CITY OF DELRAY CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE 100 NW 1ST AVE ISSUING COMPANY WILL ENDEAVOR TO MAIL _~~ DAYS DELRAY BEACH, FL 33444 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIN UPON THE COMPANY, ITS AGENTS OR REP TATIV AUTHORIZED REPRESENTATIVE e AMB CERTIFICATE OF INSURANCE I~"E°A'~~""°°D""' 1333290 3/05/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY K & K Insurance Group, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1712 Magnavox Way CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE P.O. BOX 2338 COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Wa ne In 46801 , y COMPANIES AFFORDING COVERAGE INSURED COMPANY A H LETTER GREAT AMERICAN ASSURANCE COMPA OWARD ALAN EVENTS LTD (SEE GAI3001) 9695 W. BROWARD BLVD. COMPANY B PLANTATION, FL 33324 LETTER COMPANY C LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NC=NOT COVERED CO. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ATE (MM/DD/YY) POLICY EXPIRATION DATE (MWDD/YY) LIMITS {in thousands) General Liability 12 : 0 lAM 12 : O lAM General Aggregate $ NONE A ®Commercial General Liability PAC0788942205 3/05/07 3/05/08 Products-Comp/OpsAggregate $ 5000 ^ Claims Made ®OCCUr. Personal & Advertising Injury $ 10 0 0 ^ Owner's & contractors Prot. Each occurrence $ 1000 ® F.RT. ~ ~ 1 MTT,T ~ Fire Damage (Any one fire) $ 3 0 0 $2MILL Medical Expense (Any one person) $ 5 Participant Legal Liability $ NC Automobile Liability 12 • O lAM 12 • O lAM Combined e A ^Anyauto PAC0788942205 3/05/07 3/05/08 Limt $ 1000 All owned autos Bodily e Scheduled autos Injury $ er rson ®Hired autos Bodily Non-ovmed autos Injury $ r accident ^ Garage Liability Property ^ Damage $ Excess Liability ~ 12 : OlAM 12 : O lAM Each Occurrence Aggregate A FOLLOWING FORM EXC0788942305 3/05/07 3/05/08 ®Other than Umbrella form 10 0 0 10 0 0 $ g Workers' Compensation Statutory and $ Each Accident Employers' Liability $ Disease-Policy Limit $ Disease-Each Em I ee AD&D $ Participant dical $ Prima M e Accident _ _ Excess Medical $ Week Indemni $ X DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS THE CERT HOLDER IS LISTED AS AN ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPERATIONS OF THE NAMED INSURED. RE:13TH ANNUAL DELRAY BEACH CRAFT FESTI VAL 9 22-9 23 07 CG2024 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE DELRAY BEACH DOWNTOWN CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE MARKETING COOPERATIVE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~(~ DAYS 64 -A SE 5TH AVE WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO DELRAY BEACH, FL 33483 THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIN UPON THE COMPANY, ITS AGENTS OR REP TATIV AUTHORIZED REPRESENTATIVE e SL39 / ~ - ~-y1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~,~ THROUGH: CITY MANAGER ~y..~-O DATE: AUGUST 31, 2007 SUBJECT: AGENDA ITEM # ~~•l! -REGULAR MEETING OF SEPT 4, 2007 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEED ASSOCIATED WITH 346 & 352 NW 7TH AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of aright-of--way deed for 25 feet in association with the construction of 2 single family homes addressed as 346 and 352 NW 7t" Avenue, for eligible homebuyers approved by the Community Land Trust. BACKGROUND The property line for the two referenced parcels extends to the center line of the road. The property is being subdivided into two 53.5' x 135' buildable lots for the specific purpose of providing two affordable houses under the Community Land Trust Initiative. The additional right-of--way is required by the City Engineer and is based upon the general knowledge and use of the existing street. The City Attorney has reviewed the right-of--way deed for legal sufficiency and form and determined it to be acceptable. FUNDING SOURCE Not applicable RECOMMENDATION By motion, accept the right-of--way deed associated with 346 and 352 NW 7`" Avenue. Q Z ANCHOR POINT N.W. 7TH ST. a z GA DENIA TERRACE 'L = O `r 0_ ~ ~ ~ `rl,S, ~~ LAKE TERR. o ~ '9l~ U ELDORADO P~ a ~O O 3 r ~~\~~ Z ~ ~ ~, SUNSHINE DRIVE ~ z r KINGS LYNN ~ 3 ~ z LAKES DRIVE NFIELD RD. ti TF ~~~ ,V L L A K E I D A R O A D 5T. a Q Q a Q Q N.W. 3RD ST. 0 _ ~ F H H M MARTIN LUTHER KING JR. DRIVE 3 3 3 Z Z z z z N 346 & 352 NW 7TH AVENUE SUBJECT PROPERTY 12-43-46-16-05-001-0020 CITY OF DEUtAY BEACH, FL LOCATION MAP PLANNING & ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: U:\AUTOCAD\LULA\NW 7TH AVENUE Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. lst Avenue Delray Beach, Florida 33444 PIN # RIGHT-OF-WAY DEED ~_I THIS INDENTURE made this,~~ day of 200 between JAL , with a mailing addres of J~ ~~ ~ 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 contairied and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, aright-of--way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of--way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of--way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of--way and that the same is unencumbered. Where the context of this Right-of--Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PAR Y OF T FIRST PART i the pres nce of: {~ ~ c~ . By: 1 `- (N printed or ed) (Nam1~ Ijn ed o typed) l 4 $~ tV k~ 2 ,re . i ~e W ~~ ~ t~ (Address) (Name printed or typed) STATE OF 'I ern COUNTY OF ~~,, (iw, ~3 ~L ~ 3y `(`f The foregoing instrument was acknowledged before me this LS day of 200, by J-a,., .y~~n.5 erg who is personally known to me has produced as identification. T -- _ w Signature of Notary Public - State of Florida .~~~~ YAP ~'~~., David W, Schmidt 1pf,..L 2; ~~': Co~~ission # DD34~903 r; : c_ ~~liics, CCT. Ql, 20f3 2 EXHIBIT "A" The East 25 feet of a parcel of land in Block 1, Town of Linton (Delray Beach), according to the map or plat thereof as recorded in Plat Book 1, page(s) 3, Public Records of Palm Beach County, Florida, being more particularly described as follows: commencing at the northeast corner of said Block 1, for the POINT OF BEGINNING; thence West 135 feet; thence South 107 feet; thence East i35 feet; thence North 107 feet to the POINT OF BEGINNING. 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ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO Recommendation: Department Head Signature: Determination of Consistency with omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: •. Yes No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Cerina Anderson, CCR/Weed & Seed Program Manager THROUGH: CITY MANAGER n ~ ~w ~~v 1. DATE: August 17, 2007 SUBJECT: AGENDA ITEM #U•11-CONSENT MEETING OF SEPTEMBER 4, 2007 SECOND AMENDMENT TO INTERLOCAL AGREEMENT ITEM BEFORE COMMISSION CCR staff request that the Second Amendment to the Interlocal Agreement between the City of Delray Beach and the PBC Criminal Justice Commission be accepted as proposed in the attached document. BACKGROUND PBC Criminal Justice Commission has reserved $100,000.00 for the City of Delray Beach's Coalition for Community Renewal /Weed and Seed initiatives. The additional funding will sustain services outlined in the scope of work for FY 07-08. Copies of the contract are attached for your review FUNDING SOURCE PBC Criminal Justice Commission RECOMMENDATION CCR/Weed & Seed staff recommends that the terms of the Interlocal Agreement be accepted as proposed in the attached document. SECOND AMENDMENT TO INTERLOCAL AGREEMENT THIS SECOND AMENDMENT, dated this day of , 2007, to the Agreement (R2005-2433) of December 20, 2005, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as COUNTY, and the CITY of Delray Beach, a municipality located in Palm Beach County, Florida, hereinafter referred to as CITY. WITNESSETH: WHEREAS, .the parties have entered into the Agreement of December 20, 2005 under which the CITY agrees to provide or contract "seeding" efforts, as more specifically set forth in the Scope of Work as detailed in "Exhibit A" of said agreement and in accordance with the resident-driven strategic plan; and WHEREAS, the COUNTY has agreed to provide support to the Delray Beach Weed and Seed "seeding" efforts; and WHEREAS, the term of said Agreement, as first amended, is from December 20, 2005 through September 30, 2007 for an amount not to exceed $150,000; and WHEREAS, the parties mutually desire to extend the Agreement for an additional year, until September 30, 2008 and increase the dollar amount of the agreement by an additional $100,000; and Funds. WHEREAS, the COUNTY agrees to reimburse the CITY from Criminal Justice Reserve NOW, THEREFORE, in consideration of the mutual covenants and agreement expressed herein, the COUNTY and CITY agree as follows: 1. The term of the Agreement is amended to provide that the Agreement shall continue until September 30, 2008. 2. The CITY agrees to provide additional support to the Delray Beach Weed and Seed "seeding" efforts as more specifically set forth in the Scope of Work. as detailed in "Exhibit D" and attached hereto. 3. Subject to the receipt of the applicable funding, the total amount to be paid by the COUNTY for the _additional services for the period October 1, 2007 through September 30, 2008 under this Second Amendment shall not exceed One Hundred Thousand Dollars ($100,000) from the COUNTY'S Criminal Justice Reserve Funds in accordance with the budget detailed in "Exhibit E" and attached hereto. 4. Based on the additional funding, the COUNTY'S entire financial obligation shall be Two Hundred Fifty Thousand Dollars ($250,000) for the period December 20, 2005 through September 30, 2008. 5. The CITY agrees to provide, in writing, to the COUNTY written monthly progress/activities reports of the CITY's Weed and Seed "seeding" efforts. 6. The CITY and the COUNTY shall designate one person from each organization to meet on a monthly basis to evaluate the progress of the Weed and Seed initiative. If for any reason, the COUNTY is not satisfied with the progress of the Weed .and Seed initiative, the CITY agrees to resolve the progress/performance issue(s) within thirty (30) days of the date of such written notice by the COUNTY to the CITY. 7. The CITY shall bill the COUNTY on a monthly basis at the end of each month for eligible expenses. All requests for payment of expenses eligible for reimbursement under the terms of this Agreement shall include copies of payroll register, paid receipts, copies of check, invoices and/or other documentation acceptable to the Palm Beach County Clerk & Comptroller Finance Division. Invoices to the COUNTY shall include a reference to this Agreement, identify the project and identify the amount due and payable to the CITY. Invoices received from the CITY will be reviewed and approved by the COUNTY's CJC Executive Director, indicating that expenditure has been made in conformity with this Agreement and then will be sent to the Palm Beach County Clerk & Comptroller Finance Division. 8. Notwithstanding the forgoing, the parties agree to act in good faith in resolving any disputes as it relates to the CITY's Weed and Seed "seeding" efforts. All other provisions of said Agreement are hereby confirmed, and except as provided herein are not otherwise altered or amended. All the terms and conditions of the Agreement of December 20, 2005 as amended, are hereby confirmed and remain in full force and effect. In accordance with Palm Beach County Code, Chapter 2, Article III, Section 2.51., this First Amendment shall not take effect until executed by the CITY and COUNTY. 2 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Contract on behalf of the COUNTY and CITY has hereunto set its hand the day and year above written. ATTEST: SHARON R. BOCK, Clerk & Comptroller PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS: By: Deputy Clerk CITY: Delray Beach, FL By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Addie L. Greene Chairperson Witnesses: APPROVED AS TO TERMS AND CONDITIONS By: County Attorney By: 3 Criminal Justice Commission Executive Director id Seed /Coalition for Community Renewal Proposed "Seeding" Budget Detail FY 2007-2008 I Services Proposed amount Revised amt $15,000 support /Social Worker Kids of Character- Police Program Expenses Supplies & Promotional Events $1,899 Youth Crime Prevention S~+mmit- T shirts/supplies $1,500 Neighborhood Advisory Board- refreshments & supplies $950 $2,450 $2,450.00 ffender Re-entry e-entry Specialist $39,500 salary for the year $39,500.00 $39,500.00 e-entry Specialist benefits total for the year $9,085.00 $9,085.00 e-entry Specialist communications and fringes $2,000.00 $2,000.00 mployment Skills Training @ 1500 x 5 participants $7,500.00 $7,500.00 ubstance Abuse treatment gut Patient treatment @ $1,000 per participant x 10 $10,000.00 $10,000.00 mergency funds $100 for 40 participants $4,000.00 $4,000.00 $72,085.00 raining NUSA Conference (3 people, staff & 2 board members) eighborhoods USA Registration: $150 x 3 $450 irfare: $250 x 3 people (1 staff, 2 communinmunity leaders) $750 Hotel $100/night x 3 people x 4 nights $1,200 Per Diem: $38/day x 3 people x 4 days $460 Incidentals(rental caz, pazlang, etc): 50/trip x 3 people $150 Total $3,010 $3,010 Regional/ Statewide Meetings wo Community Leaders to 21oca1/ Regional conferences ix. Crime in the Black Community) Hotel $119.00/night x 2 night x 2 people x 2 conf. Per Diem $38/day x 2 days x 2 people x 2 conf. Airfare: 250 x 2 people x 2 conf. or mileage Registration $150x2x2 Incidentals $50 x 2 people x 2 trips Total Boazd member training & follow up - NRI Nonprofit Institute- 2 trngs x 2 people x $50 $952 $304 $1,000 $600 $200 $3,056 $3,056 $200 $200 $200 $200 Delray Institute Collaborative $2,100 $2,100 involvement, leadership sldlLs training for residents TOTAL: ~' ` DRAFT 07/09/07 CITY OF DELRAY BEACH Weed and Seedl Coalition for Community Renewal Scope of Work CONTRACTUAL $91,434.00 Delray Youth Vocational Charter School (PIT' G1 02) $15,000 This non-profit, charter school provides training in automotive repairs, life skills and GED preparation for at-risk youth. In Aug. 2005, the school moved to its new facility and expanded its capacity to 100 youth. Services are provided throughout the academic year according to the Palm Beach County school calendar. This provider seeks funding to support a portion of the salary of a social worker to provide in-depth support to the at- risk youth in attendance at the school. All costs are on a reimbursement basis. and monthly statements of costs will be submitted. ~.. Carver Kids of Character Safe Haven Program (PIT• G1 01) $1,899 ~'he Carver Kids of Character program is designed to promote a drug free and violence free lifestyle for youthful residents Auburn Trace (section-8 housing) and the surrounding area (previously focused on Carver Estates prior to its destruction during Hurricane Wilma). The program is the brainchild of two Delray Beach community- policing officers who offer activities designed to build relationships with positive role models. Currently, the program offers free, weekly Karate lessons provided by a police officer. In addition to the Karate lessons, the program schedules an annual Black History essay contest, and 2 Holiday parties. Over 100 youth have registered for this program and a core group of approximately 30 participate on a regular basis. The Police Department pays all salary and benefits for the officers associated with the Carver Kids of Character project. Funds are needed for miscellaneous supplies such as: safety equipment, uniforms, tournament fees (for competitions), refreshments, and prizes for the essay contest. While enrollment continues to increase, the funds will be used to cover fees for the new attendees including uniforms, safety equipment and miscellaneous supplies. All costs are on a reimbursement basis and monthly statements of costs will be submitted. ~' DRAFT 07/09/07 PROGRAM SUPPLIES AND TRAINING $2,450.00 Community Events (CP• G2 01) $1500 Periodic community events are planned throughout the year. Weed & Seed participates in many of them in order to garner community support and educate residents on the mission of Weed and Seed. Events promote community awareness programming, provide educational opportunities for community and youth participants, and are frequently held in the seeding area itself. These events include the Youth Crime Prevention Summit (sponsored collaboratively by Weed & Seed, the Delray Beach ~'olice Dept., and Head Start). Funds will help purchase food and miscellaneous supplies for the events. Reimbursement requests will be submitted no later than 30 days post each event. Neiohborhood Advisory Board Expenses (CP G1 02) $950 The Neighborhood Advisory Board consists of thirteen members who participated in developing the site's strategic plan. Members include: residents, community leaders, and service providers. The committee meets up to monthly in the evening at dinnertime. Light refreshments are provided. During the course of the year, members will be recognized for their contribution. On occasion, a local trainer may be needed to ensure the committee work is done collaboratively. Costs include refreshments, recognition, promotional items, trainer, etc. All costs are on a reimbursement basis and monthly statements of costs will be submitted. Offender Re Entry Collaborative Project (PIT' G2 01) $72,085 During the past contract year, a successful re-entry project was developed collaboratively by the three coastal PBC sites with Goodwill acting as the provider for these services. Costs may include: salary, benefits, training, substance abuse treatment, and other ancillary. services that pose as barriers to employment. An increased population of ex -offenders returning to the Delray Beach area requires program expansion in order to adequately accommodate those returning to our ~~mmunity. In order to support our intentions for program expansion, we deem a single full time staff person pertinent for optimal success. The case manager will be assigned solely to the Delray site in addition to being responsible for coordinating services for those ex-offenders reentering the seeding area. Services would include but are not limited to: training, substance abuse treatment, and other ancillary services. Funds will also be allocated for staff salary, benefits, office space for the program specialist in addition to communications, mileage and miscellaneous supplies required for the position. 2 DRAFT.07/09/07 All costs are on a reimbursement basis and monthly statements of costs will be submitted. Community Training (NR• G1 02) $8,566 Send two board members and one staff to the annual Neighborhoods USA (NUSA) Conference. Registration: $150 x 3 450 Airfare: $250 x 3 750 Hotel: 100 / night x 4 nights x 3 people = 1200 Per Diem: $38/day x 4 days + Incidental ($50) x 3 people = 610 (rounded figure) Total: $3,010 Send two Community members to the regional /statewide meetings Ex: Preventing Crime in the Black Community conference Registration: $600 Airfare: $1000 Hotel $119/night x 2 nights x 2 people x 2 conf. _ $952 (rounded figure) Per Diem: $38/day x 2 days x 2 conf x 2 people = $304 (rounded figure) Incidentals $50 x 2 x 2 = $200 Total: $3,056 (rounded figure) Other Training: Provide miscellaneous training by the Center for Nonprofit Excellence and others on Board and Non-profit development: $400 Cr~immunity-wide training in partnership with the Delray Institute to provide training to residents on leadership skills, community involvement, and other community issues such as youth violence: $2,100 r-~' 3 Date• August 17, 2007 Request to be placed on: _ Consent Agenda When: September 4, 2007 AGENDA ITEM NUMBER ~/ ' AGENDA REQUEST Regular Agenda Workshop Agenda Special Agenda Description of agenda item (who, what, where, how much): Cerina Anderson, Coalition for Community RenewalMleed 8 Seed Program Manager, requests Commission to accept the second amendment to the Interlocal Agreement between the C~ of Delray Beach CCRIWeed & Seed and the Palm Beach County Criminal Justice Commission for the amount of $100,000.00. The ~ditional funding will sustain services outlined in the scope of work preceding- the new fiscal period. Copies of the contract are attached for your review. Department Head r / /~ Signature: / ~/ Z ~ City Attorney Review/Recommendation (if applicable): see signature on agreement Budget Director Review (required on all items i~avoh-ing expenditure of funds): Funding Available: Account Number. Description Account Balance: Funding Alternatives: City Manager Review: N A (if applicable) Approved for Agenda: Yes / No Initials: Hold Until: Yes / No Initials: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JASMIN ALLEN, PLANNER ~ ~~ ~?'~. PAUL DORLING, AICP, DI CTOR PLANNING AND ZONING THROUGH: CITY MANAGE DATE: AUGUST 29, 2007 ,~ SUBJECT: ~~ REPORT OF APPEALABLE LAND USE ITEMS AUGUST 20, 2007 THRU AUGUST 31, 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 20, 2007 through August 31, 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 Planning and Zoning Board -Meeting of August 20, 2007 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. • Recommended approval (7 to 0) to FRDAP (Florida Recreation Development Assistance Program) Grant for The Delray Beach Family Recreation and Fitness Center ($90,000 Grant). Recommended approval (7 to 0) to FRDAP (Florida Recreation Development Assistance Program) Grant for the Redevelopment of Miller Park ($200,000 Grant) • Recommended approval with conditions (6 to 0, Joe Pike stepped down), of a conditional use request to allow a density in excess of 12 units per acre (18.04 units per acre proposed) for the 332 unit development known as Village Square (fka Carver Estates), located on the City Commission Documentation, Meeting of September 4, 2007 Appealable Items east side of Auburn Avenue, between SW 7th Street and SW 8th Street and also includinq~ the City block located south of SW 8th Street between SW 12th Avenue and SW 13t Avenue. Concurrently, the Board recommended approval (6 to 0) of the following internal adjustment and waivers: - Reduced the required side street setback (north side of the building) from 15' to 11'; the required side street setback (south side of the building) from 15' to 4'; the required front street setback (east side of the building) from 15 to 9', for one townhouse building (Building TH-2). - A waiver to LDR Section 6.1.2(C) (3) (a) to reduce the minimum pavement width of the interior roadway from 24 feet to 22 feet. - A waiver to LDR Section 4.6.9 (D) (2) to waive the requirement that adequate maneuvering area shall be provided for a vehicle to enter and exit the parking area onto the street in a forward manner. • Recommended approval with conditions (7 to 0), of a conditional use request to allow the Last Resort Saloon, located within the Pelican Harbor Shoppes at the northeast corner of Tropic Isle Drive and South Federal Highway, to operate as a late night business extending the operating hours from 12:00 midnight to 2:00 a.m. This item was considered by the City Commission on August 21, 2007. • Recommended denial (7 to 0), of a City initiated amendment to the Land Development Regulations (LDRs) which intend to clarify the current regulations, provide parameters, and define compatible development within the historic districts. The amendments intend to provide an objective way of providing compatible new development within the city's five (5) historic districts. • Recommended approval (7 to 0), of a privately initiated amendment to the Land Development Regulations Section 4.4.13 "CBD (Central Business District)" and 4.6.9 to "Off Street Parking Regulations" to permit the use of parking lifts. • Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations Section 4.4.13(G)(1) "CBD (Central Business District)" to clarify parking requirements for hotels and motels in the Central Core and Beach Area. • Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations Section 2.2.3, the "Site Plan Review And Appearance Board", subsection (d), "duties, powers and responsibilities", Section 2.2.4, the "Board Of Adjustment", subsection (d), "duties, powers and responsibilities", to provide for a method for appeals; Section 2.4.8, "processing schedules", in order to provide 30 days for review of beach property plans in accordance with the Beach Property Owners Design Manual; Section 4.4.3, "Single Family Residential (R-1) Districts", subsections (a), "purpose and intent", (e), "review and approval process", (f), "development standards", and (g), "supplemental district regulations", and Section 4.5.13, "North Beach/Seagate And Ocean Neighborhood Overlay Districts" to provide that visual compatibility may be regulated in accordance with the "Beach Property Owners Design Manual" for North Beach and Seagate Neighborhoods. Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations Appendix "A" "Definitions" by enacting definitions for "adult material", "specified anatomical areas" and "specified sexual activities". 2 City Commission Documentation, Meeting of September 4, 2007 Appealable Items Site Plan Review and Appearance Board - Meeting of August 22 2007 A. Approved (4 to 0, Jose Aguila and Andrew Youngross stepped down), a request for a color change associated with the installation of new awnings for Bob's Famous Bar, located at the northwest corner of the FEC Railroad and East Atlantic Avenue (217-229 East Atlantic Avenue). B. Approved (5 to 1, Connor Lynch dissenting), a request for a color change associated with changing mint green storefront awnings and pyramids to sage green for Shore Beach Bar, located on the west side of Ocean Boulevard, south of East Atlantic Avenue (6 South Ocean Boulevard). C. Approved (6 to 0), a request for a color change for the Roadhouse Grill, located with the Plaza at Delray, at the northwest corner of Linton Boulevard and South Federal Highway (1750 South Federal Highway). D. Approved with conditions (6 to 0), a Class II site plan modification associated with reconfiguration of the entrance area to the clubhouse and the expansion and renovation of the clubhouse and fitness center for the Hamlet Country Club, located within the Hamlet Country Club Subdivision (3600 Hamlet Drive). E. Approved with conditions (6 to 0), a Class III site plan modification associated with the construction of a 150 sq. ft. walk-in cooler and the installation of doors, windows and awnings for Vic and Angelo's Restaurant, located at the southwest corner of East Atlantic Avenue and the FEC Railroad. Concurrently, the Board approved the architectural elevations on a 5 to 1 vote, Connor Lynch dissenting. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map 3 CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - SEPTEMBER /`I N C CTOCA~/ SPRAB _„_, _ ,_ C,TYL,M~TS _,~_~~_~~_ A. BOB'S FAMOUS BAR ~ ONE MILE ~ B. SHORE BEACH BAR GRAPHIC SCALE C. ROADHOUSE GRILL D. HAMLET COUNTRY CLUB C17YOFDELRAYBEACH,FL D~;RTMENT E. V!C AND ANGELO'S RESTAURANT PLANNIN SEPTEMBER • • DIGITAL BASE MAP SYSTEM • - MAP REF: S:\Plonning kZoning\DBMS\File-Cab\CC-DOC\9-04-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CYNTHIA KORTH, BUYER THROUGH: CITY MANAGER ~~~ DATE: AUGUST 27, 2007 SUBJECT: AGENDA ITEM # F)./V1.~- REGULAR MEETING OF SEPTEMBER 4.2007 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. ~,ACKGRQUND Fleet Maintenance is requesting the replacement of Police car vehicle #1601, which has been declared a total loss as a result of an accident on August 23, 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 24, 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. Flotlda 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/Cha rcoal 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 Liop 25.00 Option Code 948 Rear Windows Liop 25.00 Option Code 478 Courtesy Lamp Disabled 20.00 Option Code DVV Vent Visors 89.00 Option Code 51 A 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 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: September 4, 2007 Date: August 27, 2007 X 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 ReviewlRecommendation {if applicable): Budget Director Review {required on all items involving expenditure of funds): Funding available: ~ Yee No Funding aftematives: {if applicable) Account Number: 501-3312-591.64-2d Account Description: Garage Fund/, City Garage, Vehicle Account Balance: $~Z`g' ~~7 City Manager Review: Approved for agenda: ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PATSY NADAL, SR. BUYER THROUGH: CITY MANAGER DATE: August 27, 2007 SUBJECT: PURCHASE AWARD APPROVAL FOR POLICE VEHICLE EQUIPMENT ITEM BEFORE COMMISSION Fleet Maintenance request approval of $39,791.60 to Emergency Vehicle Supply (EVS) as a sole source provider for the City of Delray Beach custom installation package that will include all emergency warning equipment, graphics, widow tint and APS equipment on five (5) City vehicles, per quote number 1842, dated August 27, 2007. BACKGROUND Vehicle number 1800, 1801, 1802 and 1804 are purchased and must be converted into standard Police vehicles by the addition of required equipment. Vehicle number 1805 will be a purchase replacement for vehicle number 1601 totaled on August 23, 2007. Previously, this installation was performed by an assortment of vendors. The City of Delray Beach has reduced the total cost per vehicle by establishing one vendor that can provide required equipment with installation to customize the vehicles to our needs and still offer a lower rate. FUNDING SOURCE A total of $31,833.28 is available from the following account number: 501-3312-591-64.20 RECOMMENDATION Fleet Maintenance recommends the award of $39,791.60 to Emergency Vehicle Supply (EVS) as a sole source provider for the custom installation package to be installed on five (5) City vehicles. Aug. 27. 2007 9:09AM No. 1602 P. 1/1 QLlOtat10~1 Quote Number: Zg42 Quote Date: Aug 27, 2007 Page: 1 Quoted to: DEI.RAy BEACEi PD 300 W. ATLANTIC AVE KEVIN DEI.RAY BEACH, FL 33444 Customer ID Good Thru Payment Terms PO Number DELRAY BEACH PD 9/26/07 Net 30 Days NEW 07 VEHICLES Quantity Item Description Unit Price Extension 5.00 INSTALLATION EVS CUSTOM INSTALLATION 7,958.32 39,791.60 INCLUDES ALL EMERGENCY WARNING EQUIPMENT, INSTALLATION, GRAPHICS, WINDOW TINT AND APS EQPT. i **CONFIDENTIAL** Subtotal 39,791.60 Sales Tax Total 39,791.60 4661 rOY-INSON ROAD -SUITE 1 COCONUT CREEK, FL 33073 TeI. 954-4255201 * Fax 954-428202 lvlaxcb tZ, 300? City of Delray ]3ea~:h Police Department Sharon L'Fierrou 300 Vti'. ~4tlantic ati-enue i?e;ray~ k3each, Fi. 33444 Ms. L'Hezrou: The currcoi t~oclcl yr' Delrz-y Beac'~ pciice ~~cf~aclcs bcin~ prc~~uccd by L~n~cxgency Ve'nic'e Sapply (EVS) of Coconut Greek, Florida were designed with several proprietary, state of the fut products firom EVS. While most of the emergency waxzdz~g equipment installed nxato ~.a vehicles is not proprietary, zve hia~~e del~e:lope~i Qeveral custom arriade brackets, mouzxts and an igr;iti.an override system that is ea:elusi;'e to EVS. [n addition to the egrriprr,~t, wa have designed a custom wring harness tkaat is speei~c only to the City of Delray F3eae1~ Police pepart~xzent vehicles. Should you have arty questions, please fe~ci ,free to call rote at 94.428.5201. Sincerely. Rob tiV~ndeskae~ Vice President 4662 Johiaason Road, Suite 1, Cocontet C.r~k, l~lo~da 33073 (Tele}~b.ot~e) 954-428-9201 flax) 954-428-5202 ~ti~vw.emcrgcncr•~••~l~:cic~.~.u •l~;,c~?nl_ ~ ~ ~ ~ ~ ,.~,, ~ m , .,,no~ c„ ~,.,,, ,,, ~,,,. .,,,., ,,,. , .. , » n... . 4661 ~OHN50N ROAD -SLUTS 1 COCONUT CREEK, FL 33073 TeL 954-428 5201 • Far 95428-5202 Sold Ta DELRAY BEACH FLEET DEPT: 934 S. SVi/tNTON AVE. DELRAY BEACF,C FL 33444 -~~~,.~~, .~..~, ~ Invoice ~[8 ~ 3 Z(~l IniraaNumber: 5410 FL ~;~` ~Ai~,v-j, I~moioeDate: Fib 9, 2007 ~„~° t'+" r"~' 1/ 3/i ~ I,,o/~ Page: 1 ~J ~~~- 3 ~~ ~` "~ ~~p~ Ship To: ~~~~ DELRA Y BEACH FLEET DEPT. 934 S. SWINTON AVE. DELRAYBEACI~ FL 33444 Customrr ID Cuatomn PO Paymtrtt Terms DELRA Y BEACH FLEET I`'d 30 Days Saks ReF IU Shipping Method 'Ship Dak Due Dak )F~01 lTl ALL ?~Jyt}7 I 3/TI/07 Quantity lkm _ Description Unit Pricy Exteresion 1. DG[5-0O1d0 LECENDLIGHTBARPACKACERED/BLUE WITH 1,795.017 ],795.00 REAR AMBER (CLEAR LENSES) tTD bFAL 1. 1K~CVy2 OOKKITFORDOIyt'17CROWNVIC ~ ~ ~ i. 2000SM~SD SMARTSIREN W/SMLCNTRL I E L EMOTE MICROPHONE CABLE ~ ~~ ~ 8 ~ 1. CT-58 MICROPHONt[ - 1. aS01 SCAS124 SPEAKER . ;1~1~-M~-,~ ; ~~,tkt~ ~ll~- 1. Q501.00 224 MOUNITNG KJl' . ' L ]940~636364b4 MINI-1LS Bib WR 343.28' 3!3 L 9000 CRfA~1BLER,I.OWFRGQ[1TNCYAMPUFIER, ~ 37L50; 37250 U41ER SPEAKI:R$ AND 07CV BRA(]CETS I. 1022 SC RUMBLER SPEAKERS AND BRACKETS FOR '05 i ` ]. CSWGBKT O'07CV ~ NG OVER BRACKET I 65. 65.0 ]. YST133A VA90WSIROBPKIT2-1530 i I99. I991R5 2 ZHIDEC ROBE TUBE ~ 1b. 32. 1. 6101-06 C HEADLK;tiT FLASHER 06/47 CV I 39 399 2. 2022-43 C TRIOPTIC Yb R/8 { 229.43 468. 1. 1014-33 CLfDA4PKLC}WPRO$~W I I71.A3 17L911 1. 2014.43 SC R,IC CUDA LED L1Gtf1'S ( 172.93 17L93 1. R TAMER PELAND POWER TAMER VS 69.9 699 1. SCELLANEOUS NffIONOVERIDESYSTEtulW/HEAVYDUTY i 89.9 899 "I~i+ ^r` t Ov i -als °C ~Sa! - G y, zv subtotal Saks lax Freight TOTAL Continued Contiruttd Contiruted NOT GARAGE 4661 JOHNSON ROAD -SUITE 1 COCONUT CREEI(, FL 33073 TcL 954-42&5201 * Fax 954#2&5202 Sold Ta DELRAY BEACH FLEET DEPT. 434 S. SWIMON AVE. DELRA Y BEACH, FL 33444 Invoice Irmoia Number: 5410 7~mda Date: Feb 9, 2007 Pagr: 2 Ship T0: DELRAY BEACH FLEET DEPT. 434 S. SWIIJl'ON AVE. DELRAY SEACFb FL 33444 Custo+ner 1D Custmarr AO Payinsnt Trnr~ DELRAY BEACH FLEET Net 30 Days Salts Rep !D Shipping Method Ship Date Drre Dlate JP01 .___-~--- INSTALL ?,/~07 3/YI/g7 (Zuantity Item Description Unit Price Esfensian ' LE j I. SE BLOCK 6 SE BLOCK 6 TERMINAL W/GRND ~ ~.~,:~ ,, 15. 75.Od I. CVDMLTALCV ME LJGFfiRED/lZRLED. CY Cad! .57.7 57.7 1.00 -0102 R 12VOLTTRIPLE OUTLETPLUG ZO 20S 1.00 NT-29 'FLOOR PLATE FOR L75200 ~ 2 ~( 65. 65. 1.00 CV~,l3-06 0 KIT F?OR C V 03'-06' i t ' f~I f(~`; l b El t L t M ~ , 12. ~A~/A~la'235 12. 235 1.00 752 0 as R ea ron a ap op ,, . . 1.00 ANCF29 R LOCKWG TRAY FOR PANASONIC ff29 ~ _ 87.54 875 OMPUTER ~ 1. -0119 JyIR ADJLIS7ABLE ARM RESTATTACfJES TO ! 74.00 ' 74.0 R PLATE. I. SCELLANEOUS GE CUP 80LDERS 10. 30. 1.00 SCELLANEOUS APER CLIP IfOLDFJt b LITERATURE RACK 20 10 I. SCELLANEOUS SEEK M250, CIJ6000 340.72 390. 1. SCELLANEOUS SOR MICROPHONE (t7A~350) 168. I68.~ 1. SCELLANEOUS PORT USB 20 NUB S3. 53.Od I. SCF.-.IIWEOUS FT USS 20 CABLE Y1~/MlNI END 20.0 20.OQ I. SCELLANEOUS US7~OM PLATE 20.0 10. i. SCELLANEOUS US7~OM EXTENSION 20. 20.0 1. PLDOIA SERSUOORSKINSBLAIXCV 79. 74. I. 1191 DEC PRISONER SEAT CV 89-07' !2R 420. I. RAPHJCS VSCUSTOMGRAPHICS(GRAPHICSDESJGN) 295. 295. SuMdsl Continued Sales Tax Coxfbeutd Frtiigkt TOTAL ~~~ 4b61 JOHNSON ROAD -SUITE 1 COCONUT CREED FL 33073 TeL 954-428201 • Faz 954-~~8-52Q2 Sold Ta DELRA Y BEACH FRET DEPT: 434 S. SWIMY~N AVE. DELRAY 8EAC7~ FL 33444 Invoice lrmafae Number: 5410 hwa ~ Date: Feb 9, 2007 Pagt: 3 Ship To: DELRAY BEACH FLEET DEPT. 434 S. SW1NI'ON AVE. DELRAY BEACFI FL 33444 Cuslnnrr TD Cueton~er PO Payrae~ct Tt-ms DELieAY BEACH FLEET _ Nd 30 Days _ Saks Rep ID ~ Shipping Method Due Date Ship Date JF01 .~_ Y INSTALL 7~/t?7 3~/i1~07 Quantity Itan Dasafption Unit Price Eztensiar 2. VIPER350HV VIPER 350HY CAR ALARM p R T ) 15000' LSO. 1. LN18d4B OROLA TRAVEL CHARGER R99 999 ~ L TINT USTOM WBVDOWTINT 100. 10R 1. A]660•I253 DPOWERINVERTERCF29 179. IIA 1. RTAGRIP200D RTAGR1P2D0~W/PANAVISEMT 38J .39.7 1.00 SCELLANEOL[S 1XJ1ZA tP90 PRIIJT'ER 229. 229 RS ~ T. 830-100 TOOAMP POWER BREAI~R 26. 26. 1.00 STALLATION YS CtISTOMINSIALLATTON I,300. I,30R .~ ~B 2 6 , •~~'X1ifs~': ~ - t N~~1a~ ; i f Subtotal 7,948.32 Saks Tax r-~etgxr Tora1 ~.~.~ AGENDA ITEM NUMBER: "~~~ AGENDA REQUEST Request to be placed on: September 04, 2007 Date: August 27, 2007 ,X Consent Agenda Spedal Agenda Workshop Agenda Description of agenda item: Fleet Maintenance request approval of $39,791.60 to Emergency Vehicle Supply (EVS) as a sole source provider for the City of Delray Beach custom installation package that will include all emergency warning equipment, graphics, widow tint and APS equipment on fire (5) City vehicles, per quote number 1842, dated August 14, 2007. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attadted: YES NO X Recommendation: Fleet Maintenance recommends the award of ;39,791.60 to Emergency Vehicle Supply (EVS) as a sole provider for the custom installation package to be installed on five (5} City vehicles. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review {required~o~n /ail items involving expenditure of funds): Funding available: ~~ No Funding a0ematives: Akxount Number: 501-3312-591-64.20 (if applicable) Account Description: MACHINERY//E/QUIPMENT /AUTOMOTIVE Account Balance: ~~ Z~ ~ ~ 7 City Manager Review: Approved for agenda:~~ No Hold UMiI: Agenda Coordinator Review: Recenred: Action: Approved Disapproved ivtE~toRAlvnuM TO: MAYOR AND CITY COMMISSIONERS FROM: BOB DIAZ, CONSTRUCTION MANAGE j/"~~ / ~.._ C ~ Its J R THROUGH: DAVID T. HARDEN, CITY MANAGER /{r~jTf]r'TD'[/\ RICHARD C. HASKO, ENVIRONMENTAL SE VICES DIRECTOR DATE: AUGUST 27, 2007 SUBJECT: AGENDA ITEM # . -REGULAR MEETING OF SEPTEMBER 4, 2007 CONTRACT AWARD TO BRANG CONSTRUCTION INC. FOR THE CONSTRUCTION OF BEXLEY COMMUNITY PARK PIN 2004-060 ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $559,303.00 to Brang Construction, Inc for the construction of Bexley Community Park Trail, P/N 2004-060. BACKGROUND Brang Construction, Inc the apparent low bidder will provide all labor, material and supervision necessary for the construction of the Bexley Community Park. At the City Managers request, Environmental Services conducted value engineering of the proposed scope of work which resulted in the deferment of the following; the restroom building, one gazebo, twenty five oak trees and an allowance for exotic vegetation removal. Balance of amenities will include a fitness trail, playground area, parking lot, pavilions and associated improvements including landscaping. Grant applications for partial reimbursement from (FRDAP} Florida Recreation Development Assistance Program in the amount of $200,000.00 were approved by City Commission on July 24, 2007. Bid tabulation (Schedule "A") and location map are attached hereto for your reference. FUNDING SOURCE Funding is proposed from account 380-4150-572-63.24 (2004 G.O. Bond/ Parks and Recreation Bexley Park) in the amount of $546,303.00 and account 441-SI61-536-63.24 (Water & Sewer Fund/Bexley Park) $13,000.00 RECOMMENDATION Staff recommends Award of Contract in the amount of $559,303.00 to Brang Construction, Inc for the construction of Bexley Community Park Trail Improvements, Project # 2004-060 Ene Location A9apBid Tab, Schedule "A" Cc Richard Hasko: Director of ESD Raadal Krejcarek, City Engineer Rafael Balkateno, Deputy Director ofConstsuction City Clerk's ~tt Agenda File 2004-060 (E) $M 3 Q O ~ H ~ N W ~ = 3 ~ ~ d .e F' N`c° O Q ma.°~.o$ Q w ~ N N d '~i 'fl a Z F ~ vUq~~+ U o U pO m O S pO I fi O ~ O 8 Op 8 0 S p ~ ~ S 1~ ~Oh °o, N po O 0 pO [ ~ S s 0 N ~ O O 00 l(po~ " ~ m ti ~ o N O N Op O S o O ~ O O H ~ A ~O7 O O n q (G M ~l1 ~(1 O1~ t° m O r A N 69 69 N 10 ~7 f~ b9 I 7 1~ bf O ~ O m fA ~! N r ~ p ( ~ O ~ N iQ9 r Mb t~ ~ O N 1~ 1° CCC ~ 61 ~ r O ~ C F eR H ~ M d? a? 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I__- -' " i ~ ~ ~ ~ ._ _._ -_ ----= L_ _...i ~~.,-~.~.__ ~ , ._______ ____ J ^_ ~...~ ..' _. __.___.~. ~-__._ .__----. - - __~ ~.___ --_1_._.~. ~ - - - -.J __ t ~.._..._I._._...._........~_~;~=.~_i'.._~~i.:»i ~€_.:T._.y-i I~~.~`. ~hL4~ i•~_DGi:.~OUi.,E~VAi?i .._...~ ~L._....__....._....'_~J ' PALAA R!t}GE Ell ,/C) ~ ~ I ~t._.t_1_..~_-~ v._.._..:..__l_.._i_.~ }~ ~ ~--.--i~.~..!-`/./" /~I r L,_.._.__._______-M_:___:.._..._I ~,i_i i BEXLEY PARK ~!~ E7A.NC,ri /~/ .aAtsAtr s ~ I -- ~--~•--..__.._i ~ ~____ ~...._. ~ ._ i ~..._._ti_..~...~.......~ i L____J ~ 1 h- -i i-.-_-k ` ! I I-..._~ r-.-'._.. ~ j ~, . i i~ ~•~j ~....---....-..I_ i ~ II t , 3 i i 1 1~ r / I, t~L..~_.-e i; ~~_..__..__.L..._.1 I :i I--""_1 4d' _~ '~ ; J l ~ ~.._..__ 4 ' ~ I . _.______~ _ ~ ~ ~j I_J ~.---~--~-__-__._____. _~_____.1_-_~ _-1--.__i_ _w~ ~__-_~ ~~~ ~~ ,~. ~~ m ~~ --- - >~ i I~ 1 i 7113:7 ROAp SOUTH ~ 1 ... _ .__..~...- .E 0 SA_i~AE. .._..._i _...._. _ __, ...».~_. ~ ~ .._.__ Y __ _... _ `: ... ( 4 Ci. _~ ..- t ~ _._ .._J 1 , j - BEXLEY P~ t ? t 'I , }----`` E c~ i --~~~ I , `r t ; ._ - I I i_ a' ~ CANAL L-31 ~'~, O I _ ....- i t ~____. i ..-._ i ....._..._._ _ -~ -o i \~, ~ SANE ._~f -~ <~`~ _'_ / '\~,~ '~~J ••~.~~ ( /~~ ~ `1 ;~~-- m I w.. : ... .. ~. : , , 'I 1 ~ , ~€ , v ~ ~ ~ CCUP~TRY idANORS rt4AD ~---'~"-"`"_ _T______. ~.-.. J I 1/pp40f2W/~~ ~~ 9,p~„ C ;~ ,\ `c~61RC `\__` ,•ARi:itii_-..il \'• ; I j H I ~; y l-r...~ ~ J .rte ~ i 1 ! ~~ j•.-•-.-•.•-. ~' ~ ~ ~ ~ ~ L A K E~ I Q~A R O A D C i i.._ _..i.-__7--. j ' ~_~1 1 3 .I I I `~ ~ i ..~.._...T._...._i.__..,; i ~ \; f \\ >= 0 CITY of DELRAY BEACH ENVIRONMENTAL 3ERVlCE3 DEPARTMENT BEXLEY PARK PARK oArE:°a~~o~2°°' LOCATION MAP ~xL~r P~ P"`"` 434 80t11'H BVVNfON AVdtlE, DELRAY F3F_ACH, FLORIDA 33444 00-000 ~ O f Agenda [tem No. ~ •' " ~• AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: 27 Aua 2007 When: 4 Sept 2007 Description of item (who, what, where, how much): This item is before the Commission to approve a Contract Award in the amount of $559,303.00 to Brang Construction, Inc for the construction of Bexley Community Park Trail, PIN 2004-060. The work generally consists of the following: Brang Construction, Inc the apparent low bidder will provide ail labor, material and supervision necessary for the construction of Bexley Community Park. Amenities include a fitness frail, parking lot, playground area, pavilions and associa#ed improvements including landscaping. Grant applications for partial reimbursement from (FRDAP} Florida Recreation Development Assistance Program in the amount of $200,000.00 were approved by City Commission on July 24, 2007. Funding is as follows: Funding is proposed from account 380-4150-572-63.24 {2004 G.O. Bondi Parks and Recreation Bexley Park) in the amount of $546,303.fl0 and account 441-5161- 536-63.24 (Water i~ Sewer Fund/Bexley Park) $13,000.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Department head Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budgefi Direc#or Review (r on all 'terns involving expenditure of funds): Funding available YES O Funding alternatives (if applicable) Account No. & Description C~+ Q ~-- Account Balance $ c~3 ~i~~ 3~0 ~~ 6~o Y'/ ~~,,~,~~'~~ f~ra~.~ ~-- City Manager Review: Approved for agenda: ~10 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: Agenda File 9!04!07 File 2004-060 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ESTELIO BRETO, SENIOR PLANNER ~'~'~--~~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~ THROUGH: CITY MANAGE~n ~, M DATE: AUGUST 29, 2007 ~ -t SUBJECT: AGENDA ITEM #~ ~s F'\ -REGULAR MEETING -SEPTEMBER 4, 2007 CONDITIONAL USE REQUEST TO ALLOW A DENSITY IN EXCESS OF 12 UNITS PER ACRE (18.04 DU/AC PROPOSED) IN THE SOUTHWEST AREA NEIGHBORHOOD OVERLAY DISTRICT IN ACCORDANCE WITH THE PROVISION OF THE CITY'S FAMILYIWORKFORCE HOUSING ORDINANCE. THE REQUEST IS FOR THE VILLAGE SQUARE, A PROPOSED 332-UNIT RESIDENTIAL DEVELOPMENT LOCATED ON THE EAST SIDE OF AUBURN AVENUE AND SW 13 AVENUE BETWEEN SW 7 STREET AND SW 10 STREET. ITEM BEFORE COMMISSION Consideration of a Conditional Use request to allow a density in excess of 12 units per acre (18.04 du/ac is proposed) in accordance with the provision of the City's Family Workforce Housing Ordinance for the Village Square, a 332-unit residential development located on the east side of Auburn Avenue and SW 13th Avenue between SW 7th Street and SW 10th Street. BACKGROUND The subject property consists of Tract "A", located on the south side of SW 7th Street and on the north side of SW 8th Street between SW 12th Avenue and Auburn Avenue; and Tract "B" located to the south side of SW 8th Street and to the north of SW 10th Street between SW 12th Avenue and SW 13th Avenue. The 18.41 acre property is zoned RM (Medium Density Residential). Tract."A" contains seventeen (17) multiple family structures that were built in 1981 (Carver Estates) and will be demolished; and Tract "B" is currently vacant. The Village Square conditional use request is for the establishment of a 332-unit multifamily residential development, with 56 workforce housing units. Multiple family residential developments may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of LDR Section 4.4.6(1), and Section 4.7 (Workforce Housing). At its meeting of August 20, 2007, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. Presentations were made by staff and the applicant. After a brief discussion and acknowledgement for the need of this type of development, the Board moved a recommendation of approval of the conditional use request (allowing a density of 18.04 du/ac) on a unanimous vote of 7-0, by adopting the findings of fact and law contained in the staff report. A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of August 22, 2007. City Commission Regular Meeting -September 4, 2007 Conditional Use Request Allow an Increase in Density for the Village Square RECOMMENDATION Move a recommendation of approval of the conditional use request to allow for a density in excess of 12 units per acre (18.04 du/ac) for the Village Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5) [Conditional Use Findings], 4.4.6(1) [Performance Standards], Section 4.7 [Family/Workforce Housing] and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board Staff Report. Attachment: ^ Planning and Zoning Board Staff Report of August 20, 2007 ^ Location Map 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR VILLAGE SQUARE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on September 4, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Village Square. 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. Comarehensive 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 1 II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No b. Performance Standards for Density Increase: Does the applicant meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in excess of 6 dwelling units per acre to 12 dwelling units per acre? Yes No c. Consistency with Article 4.7 (Workforce Housing): Is the development consistent with and meets the criteria set forth in Article 4.7 (Workforce Housing) of the LDR's in order to allow the applicant a density bonus? Yes No If you answered "yes", what is the amount of the density bonus? dwelling units per acre The total density, based upon {b) and {c), is dwelling units per acre. 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 attached hereto and hereby adopts this Order this day of September, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 3 CONDITIONS 1. Approval of a site plan by SPRAB that is in general conformance to the submitted site plan and addresses the "Exhibit "A" -Technical Items and conditions of approval attached in the staff report; 2. That a plat must be processed and recorded prior to issuance of a building permit; 3. That the applicant provides a southbound left turn lane at the north entrance within Auburn Avenue; 4. That paver-block raised speed tables or another type of traffic calming device be provided along SW 12`" Avenue and SW 13~` Avenue; 5. That a bus shelter easement(s) shall be provided at a location to be determined by the SPRAB Board and that a bus shelter be installed. The City will provide detail on the bus shelter; 6. That the location of the 56 workforce housing units be clearly depicted within each building in the site plan; 7. That the workforce housing units are sold in accordance with Article 4.7.7; 8. That the portion of Auburn Avenue between SW 7~' Street and SW 8~' Street including a five foot (5') wide sidewalk easement shall be dedicated and executed as part of the plat for the proposed development; 9. That a five foot (5')right-of--way dedication is required for the south side of SW 8~' Street and shall be noted on the proposed development plans and be executed as part of the platting process for the proposed development; 10. That the portion of right-of--way for SW 8`~ Street located between SW 13`~ Avenue and SW 12~' Avenue shall be abandoned or the site plan modify accordingly; 11. That a five foot (5') right-of--way dedication is required for the west side of SW 13~' Street and shall be noted on the proposed development plans and be executed as part of the plat for the proposed development; 12. That the Home Owner's Association documents contain a prohibition on the parking of vehicles within the interior street system and that a copy of such document be provided to the City; 13. That the terms of resale of the workforce housing units be included in the deed or restrictive covenant consistent with workforce requirements of LDR Section 4.7 and recorded in the Public Records of Palm Beach County; 14. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices; 15. That no amendments to the covenants shall be made unless by written instrument approved by the City; 4 16. That floor plans for the condominium buildings shall be revised to comply with the minimum area of 1,250 sq. ft. required for three bedroom units and that the footprints for the condominium buildings shall be revised in the site plan and landscape plan; 17. That no lot premiums be charged on the workforce housing units and that all workforce housing units shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliance with market rate units and provide them as standard features; 18. That a composite utility plan be provided with the site plan application; and 19. That the floor plans for the townhouses denote adequate space for trash, recycling, and storage area in the garage in addition to the parking space. 5 LDR Section 4.4.6(1) (I) Performance Standards: (1) These standards shall to October 7, 1997, and for modifications creation of additional residential units. apply to all site plans approved subsequent to existing developments which involve the In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. 6 (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. (2) It is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. (3) For vacant property that is proposed for rezoning to RM with a density suffix, the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area. 7 S W 3RD ~ ®®~ z a S.W. 3RD CT. S. W. 3RD CT. z s.w. •n+ sT. ~ m a S.W. 4TH S . ~ ~ i ~.+ a AUBURN CIRCLE NORTH Z N a ~ Q W ~ 5~ 3 U ~P vi vi vi ~ S. W. 6TH ~ S.W. 6TH ST. ~ AU URN DR. I 6 P~~J > W H ` ` ~ n ~ Q J~? H pJO AUBURN CIR. S. N AUBURN ~ S. W. 7TH ST. TERR. S0. S. W. 7TH ST. W H Z 3 3 < < < VI VI m s.w. 6TH S.W. 9TH T N ~ ~ O 3 ; ; .w. T. VI yl N Vl V1 N V1 VI N S, W, 10TH STREET ~ ~®~ W < a a z < < ~ ~ S 41 ~ ? 3 y ROYAL ALM DR. ~ S.W. 11TH ST. O~ o g 4 5 3 3 vi vi POINSETTIA DRIVE z k' J UU OWGLASS AVENUE o v ; W ~ (.! W 3~ 3 ti GEORGIA STREET N SUBJECT PROPERTY CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- O/G/7AL BASE MAP SYSTEM _-- _. _._.... ____ VILLAGE SQUARE LOCATION MAP MAP REF: LM1019 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: August 20, 2007 AGENDA ITEM: v. A. --- STAFF REPORT --- ITEM: Conditional Use Request for the Village Square to Allow an Increase in the Residential Density Above 12 Dwelling Units Per Acre (18.04 du/ac proposed) Pursuant to the City's Family/Workforce Housing Program. The property is located on the east side of Auburn Avenue and SW 13th Avenue between SW 7th Street and SW 10th Street. GENERAL DATA: Applicant ..................... Agent ......................... Village Square, LLC Weiner & Aronson, P.A. Owner ........................ Delray Beach Housing Authority Location .......................... East side of Auburn Avenue and SW 13th Avenue between SW 7th Street and SW 10th Street Property Size .................. 18.40 acres Future Land Use Map..... TRN (Transitional) Current Zoning ............... RM (Medium Density Residential) Adjacent Zoning....North: RM (Multiple Family Residential) East: RM (Multiple Family Residential) South: R-1-A (Single Family Residential) West: RM (Medium Density Residential) Existing Land Use.......... Vacant Rental Community Proposed Land Use........ A 332-unit residential development (116 townhouse units and 216 residential condominium units). Water Service ................. Water service is available via service lateral connections to two existing 8" water mains located south of SW 7th Street right-of-way and east of SW 13th Avenue. Sewer Service ................ Sewer service is available via service lateral connection to an existing 8" sanitary sewer main within the SW 12th Avenue right-of-way. V. A. `~~~ ~- ---- ~ ITEM'BEFORE~ ~ ` E BOARD ' ~ ~ -- - .._w The action before the Board is making a recommendation to the City Commission on a conditional use request for Village Square to allow an increase above 12 dwelling units per acre [LDR Section 4.4.6(D)(12)] (18.04 du/ac proposed), pursuant to LDR Section 2.4.5(E}. The property is located on the east side of Auburn Avenue and SW 13tH Avenue between SW 7tH Street and SW 10tH Street. ~~' `T'' BACKGROUNDIPROJECT DESCRIPTION `` ~> The subject property consists of Tract "A", located on the south side of SW 7tH Street to the north of SW Stn Street and to the east of Auburn Avenue; and Tract "B" located to the south of SW Stn Street and to the north of SW 10tH Street between SW 12tH Avenue and SW 13tH Avenue. The area of the property totals 18.41 acres and is zoned RM (Medium Density Residential). Tract "A" contains seventeen (17} multiple family structures that were built in 1981 and would be demolished; and Tract "B" is currently vacant. The development proposal includes the construction of a 332-units residential development, which will contain 116 two and three-story townhouse units and 216 residential condominium units within nine (9) three-story buildings. Multiple family residential developments may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. The development proposal also includes the following waiver and internal adjustments: Internal adjustments for Building TH-2 from setbacks which are measured from the proposed street system/access tract pursuant to LDR Section 4.4.6 (F) (3) (c). The internal adjustment requests include a reduction in the required side street setback (north side of the building) from 15' to 11'; the require side street setback (south side of the building) from 15' to 4'; the require front street setback (east side of the building) from 15 to 9'. ;and • A waiver to reduce the required roadway pavement width from 24' to 22' [LDR Section 6.1.2(C) (3) (a)]. The conditional use request is to allow an increase in density above 12 units per acre in the Southwest Area Neighborhood Overlay District (18.04 units per acre proposed) in accordance with the provisions of the City's Family/Workforce Housing Ordinance. The conditional use request is associated with the construction of a 332-unit residential development, known as the Village Square. Out of the 332 residential units proposed 56 will be workforce housing units which will include townhouses and condominium units. Multiple family residential developments may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. The conditional use application is now before the Board for consideration. Planning and Zoning Board Staff ~ ~~ort, Meeting of August 20, 2007 Village Square -Conditional Use Request ,''~, . ' ` ~~~` ~,~`~ «`}'CONDITIO AL'`a:~SE ANzALYSIS 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 LDRs 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 TRN (Transitional) and is zoned RM (Medium Density Residential). The RM zoning district is consistent with the TRN Future Land Use Map designation. Pursuant to LDR Section 4.4.6(D)(12), multiple family residential developments are allowed and may exceed 12 units per acre, up to a maximum of 24 units per acre, within the Southwest Neighborhood Overlay District, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. Multiple family residential developments that exceed 12 units per acre are allowed as a conditional use in the RM zoning district subject to the above provisions. 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 is available via service lateral connections to two existing 8" water main that traverse the site and are located south of SW 7th street right-of-way. In addition, water service is also available via service lateral connections to an existing 8" water main that traverses the site and is located east of SW 13th Avenue right-of-way. There are five (5) fire hydrants that are placed throughout the existing project (to be demolished) which will be relocated to accommodate the proposed multiple family structures. An additional fire hydrant is located at the intersection of SW 13th Avenue and SW 10th Street. Sewer service is available via service lateral connection to an existing 8" sanitary sewer main within the SW 12th Avenue right-of-way. In addition, sewer service is also available via a service lateral connection to an existing 8" sanitary sewer main that traverses the site and is located to the north SW 7th Street Court right-of-way. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. 2 Planning and Zoning Board Staff ~ .,port, Meeting of August 20, 2007 Village Square -Conditional Use Request Drainage: A conceptual engineering plan has been submitted with the conditional use application that indicates that drainage will be provided via sheet flow to catch basins (type "D' Inlet) and exfiltration trenches. The outfall of the drainage system is tied to the City's storm water system. There are no problems anticipated in retaining drainage on site and obtaining any/all necessary permits. Traffic: A traffic study has been submitted that indicates that the proposed development will generate a net of 924 Average Daily Trips (increase) with 37 A.M. Peak Hour Trips (increase) and 37 P.M. Peak Hour Trips (increase). A letter from the Palm Beach County Traffic Division indicating that the proposed project meets concurrency with the Palm Beach County Traffic Performance Standards Ordinance has been provided, and thus, traffic concurrency requirements have been met. Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts projects may have on City recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit for parks and recreation purposes. A total fee of $166,000 will be required of this development. Solid Waste: The proposed 332-unit residential development will generate 172.64 tons of solid waste per year (332 units x 0.52 tons = 172.644 tons). The existing 200-unit residential development generated 104 tons of solid waste per year (200 units x 0.52 tons = 104 tons). This will represent an increase of 68.64 tons over the current condition (172.64 tons - 104 tons = 68.64 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. Schools: A letter from the Palm Beach County School District indicating that the proposed development meets concurrency standard has been provided, and thus, a positive finding with respect to this level of service standard can be made. 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: Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property. The proposed residential development will be complimentary to the existing development pattern in the neighborhood. The additional residential units will add to the customer base for the existing commercial uses along West Atlantic Avenue and aid in the redevelopment of this corridor. The 3 Planning and Zoning Board Staff ~ ylort, Meeting of August 20, 2007 Village Square -Conditional Use Request proposed development will enable the fulfillment of remaining land use needs by the provision of workforce housing, as discussed in greater detail with Future Land Use Element Policy C-1.7. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A-1, that the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Future Land Use Element Policy C-7.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10"' Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at ifs meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan, and is more specifically included within sub-area #3 and is known as The Village Center. This sub-area extends from SW 3`d Street to S.W. 10`h Street. The Agencies currently based within the Village Center corridor include the Village Academy, the Boys and Girls Club, Head Start, the Delray Beach Housing Authorities, and other service providers. The Southwest Area Neighborhood Redevelopment Plan recommends that sub-area #3 (the Village Center) be redeveloped to create a seamless service network linking education, social, and recreation services and facilities to meet the needs of southwest area neighborhoods. The Southwest Area Redevelopment Plan also calls for the provision of a mix of incomes with a strong base of affordable housing units and a mixture of multi-family housing (apartments/townhomes). The proposed development will further these goals by replacing existing deteriorated housing with a 332-unit townhouse and condominium development. The proposal includes a mix of market rate housing and workforce housing units (out the 332 residential units 56 are proposed as workforce housing units). The proposed development will likely improve the safety of the area as well as its long term stability. It will introduce new housing units to the area and strengthen night time security providing more "eyes on the street" as a deterrent to criminal behavior. The Southwest Area Neighborhood Redevelopment Plan also recommends that redevelopment in sub-area #3 be implemented by building upon traditional models of town development and architecture to enhance neighborhood character and create a sense of place. The proposed development does provide a sense of place through its use of neo-traditional architectural design. The front porches will provide a contact, conversation, and gathering place for the residents. The proposed porches will also provide a sense of place for passive recreation and 4 Planning and Zoning Board Staff ,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request community living. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, that the proposed development will fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. 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. As noted previously, the proposed development will replace severely deteriorated housing with 332-unit townhouse and condominium development. The provision of workforce housing within the proposed development will assure that affordable housing will be maintained within the neighborhood. Safety, habitability and stability of the neighborhood should be significantly improved by introducing additional homeowners into the area. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.6 RM Zone District: Pursuant to LDR Section 4.4.6(A) Purpose and Intent: The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre, except within the Southwest Neighborhood Overlay District where the maximum density is 24 dwelling units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Southwest Neighborhood Overlay District, the Southwest 10th Street Overlay District, and the Carver Estates Overlay District, 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. LDR Section 4.4.6(1) Performance Standards: 1) Pursuant to LDR Section 4.4.6(1)(1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a 5 Planning and Zoning Board Staff ~ port, Meeting of August 20, 2007 Village Square -Conditional Use Request project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. 2} In addition to the above, LDR Section 4.4.6(1)(2), it is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards, which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. The performance standards are as follows: (a) The traffic circulation system is designed fo control speed and reduce volumes on fhe interior and exferior street nefinrork. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures thaf are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The 116 townhouse units and 216 condominium units have been oriented to front on SW 13th Avenue, SW 12th Avenue, Auburn Avenue, and the proposed internal street system. To reduce speeds and increase the element of safety, it is recommended and attached as a condition of approval that paver block raised speed tables be located along SW 12th Avenue, and SW 13th Avenue. Raised speed tables have been depicted on the site plan along the interior street system at various locations. This proposed traffic calming measure should be an adequate means to control speed in both directions along SW 12th Avenue, SW 13th Avenue, Auburn Avenue, and along the looped interior street system. The proposed development will comply with this performance standard provided the condition of approval is addressed. (b) Buildings are placed throughout fhe development in a manner that reduces fhe overall massing, and provides a feeling of open space. The proposal involves the development of one hundred and sixteen (116) fee simple townhouse units in sixteen (16) two and three-story buildings, and two hundred and sixteen (216) condominium units within nine (9) three-story buildings. Despite the un-usual "L" shape configuration of the lot, the proposed two and three-story townhouses and condominium buildings have been placed on the site in a manner that maximizes the view of the proposed streetscape, open spaces, walkways. The townhouse units are staggered and provide variation in the front elevations. The townhouses and condominium buildings provide different roof plane changes which add visual interest to the roof line. This generates a harmonious rhythm to the buildings and provides a more visually attractive appearance and streetscape. These features will help lessen the potential perception of massing of the development. Thus, the proposed development complies with this performance standard. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along (hose adjacent property 6 Planning and Zoning Board Staff fort, Meeting of August 20, 2007 Village Square -Conditional Use Request lines are increased beyond fhe required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 Jinear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The majority of the surrounding residential zoning to the east, west, and north is the same as the subject property RM (Multiple Family Residential -Medium Density). However, a portion of the project {east and south), is zoned R-1-A (Single Family Residential. Pursuant to Land Development Regulations (LDR) Section 4.4.6 (I) (1) (c) the setback to the south and east side of the property must be increased by at least 25% of the required minimum. The required side interior setback along the south property line is 12.5' and 18' is provided which exceeds the requirement. Similarly, the required side street setback along a portion of the east side of the property is 12.5' and 15' are provided which exceeds the requirement. In addition, a 6' high wall along a portion of the south and east side of the property has been provided to visually buffer the adjacent single family residential areas. A typical site perimeter wall detail has also been provided. The applicant has increased and enhanced the landscaping required along this portion of the east and south property line to provide a meaningful separation between the Single Family Residential (R-1-A) district and the proposed development; this landscape buffer includes Ligustrum trees planted 20 feet on center. Thus, the proposed development complies with this performance standard. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offsef, wifh varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutfers, window mullions, quoins, decorative tiles, etc. The proposed streetscape incorporates building offsets as well as variations in the roofline. The roofline is a combination of gable and hip roofs. Diversity among the windows will be accomplished with the provision of five (5) different windows shapes. The front elevations of the buildings contain the entries to individual units with alternating designs and neo- traditional porch areas facing the right-of-way. The garages and driveways are provided to the rear of the buildings and are accessed from the internal street system. The architectural elevations include many features and design elements, such as: ultra seam light grey metal roofs, decorative vinyl shutters (painted blue and brown), bay windows, balconies with metal railing (painted blue and brown), aluminum French doors for the condominium buildings, decorative wall mounted fixtures, clap siding for the upper floor and light stucco texture finish for the lower floor, decorative stucco column base and capitals, and decorative brackets and outriggers. All nine condominium buildings have 3-story high roof lines. Thirteen out of the sixteen townhouse buildings feature atwo-story roof line, while remaining three have athree-story roof line except for the end units which also have atwo- story roof line. The proposed buildings will have light texture color stucco finishes. The proposed architectural style (Neo-Traditional, New Urbanism style), with three different colors (white, light yellow and brown) to distinguish individual townhome and condominium units, will create the varied streetscape and building design required by this performance standard. Thus, the proposed development complies with this performance standard. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi- 7 Planning and Zoning Board Staff .port, Meeting of August 20, 2007 Village Square -Conditional Use Request family housing will at a minimum have a mix of one, two and three bedroom units wifh varying floor plans. Single family housing (affached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The project provides two and three-bedroom condominium units and three-bedroom townhouse units along with one and two car garages. There are three different sizes of three-bedroom units with different floor plans, (1,230, 1,530, and 1,752 square feet) and one size two-bedroom unit (1,076 square feet). Variety has been provided in term of the size of the units to accommodate households of various sizes and ages. Family size and income level in the Southwest Neighborhood Redevelopment Area does not indicate a demand for one bedroom units, and thus, such type of unit is not provided. Based upon the above, this standard has been accommodated. (~ The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitaf, are created and incorporated into the project. This is a redevelopment project. Since the site has already been disturbed, no natural areas exist on site to be preserved. However, the proposed development will provide a common open space area for native habitat through the introduction of a newly created lake. Walkways are being proposed through the courtyards of the condominium buildings and along the takes that eventually connect to the interior and public sidewalk system. It is noted, that the passive recreation area formed by the three artificial lakes (at different grade levels) will be provided with street benches and small water cascades as an additional amenity. Based upon the above, this standard has been accommodated. (g) The project provides a convenienf and extensive bicycle/pedesfrian nefinrork, and access fo available Transit. The development provides a walkway pedestrian system that links each unit to the public sidewalk system and the available mass transit system. This performance standard has been met. Based on the above, positive findings can be made with respect to all seven (7) performance standards. Therefore, the performance standard requirements of the RM zoning district have been adequately addressed to support the proposed density of 18.04 units per acre. WORKFORCE HOUSING STANDARDS FOR DENSITY INCREASE: LDR Section 4.7.3 -Provision of Workforce Housing Units: Developers will be awarded density bonus units (additional market rate units), beyond the base number allowed per existing zoning ordinance after performance standards have been met, as an incentive to provide affordable housing units, subject to the limits and requirements of this chapter. a. Developers may earn bonus units by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts. b. All development shall meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. 8 Planning and Zoning Board Staff F. ,,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request c. Workforce units shall include those units in a development, which are regulated in terms of: i. Sales price or rent levels; and ii. Marketing and initial occupancy; and iii. Continued requirements pertaining to resale or rent increases. Section 4.7.4 Density Bonus Program for the Southwest Neighborhood Overlay District Developers of property in the Southwest Neighborhood Overlay District that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families. d. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT OPTION SALE /RENT VERY LOW 60% LOW 80% - 61 MODERATE 120% -81 NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED 4 3 2 LARGE HOME OPTION 4+ bedroom workforce housing units Additional 0.5 bonus will be added to the bonus provided above in this chart e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to the Delray Beach Community Land Trust that will be utilized to subsidize workforce housing in the City of Delray Beach. Developers may earn one bonus unit for each payment of a sum equal to $60,000, payable to the Delray Beach Community Land Trust. Also, instead of or in addition to providing workforce housing units, developers shall earn bonus units by donating land (buildable lots) in the City Delray Beach to be used for workforce housing. The appraised value of donated land will be valued in accordance with subsection e. above and may be prorated. The appraisal shall be obtained by developer at developer's cost. g. The maximum total density of a development in the Southwest Neighborhood Overlay District and the Carver Estates Overlay District shall not exceed 24 units per acre. The maximum total density of a development in the Infill Workforce Housing Area shall not exceed 18 units per acre. All other Workforce Housing 9 Planning and Zoning Board Staff . ort, Meeting of August 20, 2007 Village Square -Conditional Use Request Area densities shall be limited to the maximum allowed in the zoning district and as set forth elsewhere in the Land Development Regulations. There are 332 dwelling units proposed within the subject property (18.40 acres). This equates to an overall density of 18.04 dwelling units per acre (332 units / 18.40 acres = 18.04 du/ac). The density allowed is 12 du/ac which equates to a total of 220 residential units (18.40 acres x 12 du/ac = 220 units). The applicant is requesting an increase of 112 units above the two hundred and twenty units allowed (332 - 220 = 112 units). To support the increased density, fifty six (56) moderate income bonus units are needed (112 units / 2 bonus per workforce unit provided = 56). To obtain the increase density requested at least 56 units must be affordable low to moderate income. The applicant has indicated that out of the 332 residential units fifty six (56) will be workforce housing for low to moderate income families. Based upon the above, an increase in density to 18.04 units per acre can be granted. A condition of approval is attached that the location of the 56 workforce housing units be clearly depicted in the site plan. Pursuant to Section 4.7.9 (b), workforce housing units within a market rate inclusive development shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliance with market rate units and provide them as standard features. The applicant has indicated that the workforce housing units will be provided with the same standards appliances as those offered in the market priced residential units and will include range, microwave, fridge freezer, washer and dryer. Also, all HVAC systems will be provided by the same manufacturer and will be sized depending on energy calculations and floor area. For Sale Housing Units Pursuant to LDR Section 4.7.7, there are numerous requirements that apply to the sale of owner-occupied workforce housing units. These stipulations identify the terms under which these units need to be sold such as eligibility, occupancy, and terms of purchase. A condition of approval is attached that the units are sold in accordance with this section. Resale and Subsequent Rentals of Affordable Units Pursuant to LDR Section 4.7.8, to maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, numerous restrictions have been put into place on the resale of workforce housing. A condition of approval is attached that the terms of resale of these units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County. Workforce Housina General Provisions Lot Premiums: Pursuant to LDR Section 4.7.9{e}, there shall be no lot premiums charged on the workforce housing units, and thus, this is attached as a condition of approval. Covenants Enforcement: Pursuant to LDR Section 4.7.9(g), the City of Delray Beach, its successors and assigns may enforce the covenants relating to the workforce units. No amendments to the covenants shall be 10 Planning and Zoning Board Staff I . ,,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request made unless by written instrument approved by the City; this is attached as a condition of approval. Review and Approval Process: Pursuant to LDR Section 4.7.10(a), final conditions of approval shall specify that the restricted units are priced and/or rented at workforce housing levels and shall state that those units shall be rented and/or sold to the eligible income group. The conditions will also specify the requirements for reporting to the City's Community Improvement Department on buyer eligibility, housing prices, as well as any applicable requirement to record a covenant or to enforce resale restrictions. A condition of approval is attached that requires the coordination to the Community Improvement Department on buyer eligibility and housing prices for the workforce units. 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 the north and east by RM (Multiple Family Residential) zoning district and OSR (Open Space Recreational); to the south partially by R-1-A (Single Family Residential) and Industrial zoning (I), and to the west by LI (Light Industrial). The adjacent land uses include: multiple family structures to the north; single family residential to the south; multiple family structures and the Delray Beach Memorial Cemetery to the east; and a vacant lot to the west. The proposed residential development will be compatible with the single and multiple family development patterns that prevail in the neighborhood. The additional residents should improve the stability of the neighborhood by increasing the number of "eyes" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring 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 density to 18.04 dwelling units per acre in accordance with the City's Workforce Housing program. 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. Townhouses and Townhouse Tvge of Development: Setbacks: Pursuant to LDR Section 4.3.3(O)(3)(a), setbacks from the perimeter of the overall project shall be as established by the base zone district requirements which in this case is the Southwest 11 Planning and Zoning Board Staff f. ,,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request Neighborhood Overlay District Development Standards. These setbacks from the perimeter of the overall project have been met (see chart below). Pursuant to LDR Section 4.3.3(O)(3)(b), setbacks interior to the project shall be measured from the platted street system. Setbacks interior to the project have been met except for townhouse building TH-2 for which relief is being requested. Pursuant to LDR Section 4.3.3(O)(3)(c), setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in-lieu thereof structures (dwelling unit groups) shall not be located closer than twenty-five (25) feet for atwo-story structure, nor thirty-feet (30) for a three story, or greater, structure. The proposed separation between the two story townhouse buildings is 25 feet. Thus, this LDR requirement has been met. Southwest Neighborhood Overlay District Development Standards: Pursuant to LDR Section 4.4.6(F)(3)(a), within the Southwest Neighborhood Overlay District, the following development standards apply to duplex and multi-family development (non townhouse buildings) which are being developed pursuant to the Family/Workforce Housing Ordinance: - Standard Provided Minimum Building Setbacks Front (Auburn Avenue) 15'0" 15'0" ehrraeter ~; A e - ~ ~ ;fir r ~ '., Side Street (SW 13 Avenue) 15'0" 15'0"' `~ ~ ~-~,~ > ter.<` ~'~~' ` Side Street (SW 12 Avenue) 15'0" 17'10" '"~'~ _ `' Side Street (SW 10 Street) 15'0" 16'5" _ , ,~ , Side Interior (south property line) 15'0" 19'0" t~7,t~;~. ~: ;~ ~" Side Interior (north property line) 15'0" 15'3" -'~ -- ~ Rear (east property line) 10'0" 18'2" As noted above, the proposed development meets or exceeds the perimeter setback requirements for all condominium and townhouse building except the setback required from the internal access tract for townhouse building TH-2. Building Setbacks -Internal Access Tract Pursuant to LDR Section 4.4.6 (F) (3) (a) the following set backs apply to multi-family development in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area (1) Front: 15' (2) Side (Street): 15' (3) Side (Interior): 1 and 2 story 10' . 3 story 15' (4} Rear: 10' Pursuant to LDR Section 4.3.3{O)(3)(b), setbacks interior to the project shall be measured from the platted street system. Building TH-2 does not meet the required building setbacks from the internal street system/access tract. For Building TH-2 the required side street setback (north side of the building} is 15' and 11' is provided; the require side street setback (south side of the 12 Planning and Zoning Board Stafi port, Meeting of August 20, 2007 Village Square -Conditional Use kequest building) is 15' and 4' is provided; the required front street setback (east side of the building) is 15 and 9' is provided. The applicant has requested an internal adjustment to reduce the building setbacks as follows: Internal adjustments for Building TH-2 to reduce the required side street setback (north side of the building) from 15' to 11'; the require side street setback (south side of the building) from 15' to 4'; the require front street setback (east side of the building) from 15 to 9'. All setbacks are measured from the proposed street system/access tract [LDR Section 4.4.6 (F) (3) (c)]. Internal adjustment Analysis LDR Section 2.4.7 (C) Findings: Pursuant to LDR Section 2.4.7.(C)(5), concurrent with granting relief from a development standard or regulation, the granting body must make a finding that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior product will result. The applicant has provided the following justification for the internal adjustment request: "The following is a brief descripfion of what we believe to be good cause to receive approval for the internal adjustment: • The `T"shape of the site makes it difficult to locate the buildings. • An internal street system that will receive mostly local traffic. • An interior looped road to enhance the community ambiance and aesthetics. • This design will minimize traffic speed and will promote a pedestrian friendly environment. • A development that provides great variety on the streetscape." The practical application of this requirement is to provide structures that do not appear overly massive or crowd the site on which they are located. The residential units contained within Building TH-2 are two-story in height. Also, the manner in which the building has been oriented will improve the streetscape and help to reduce any concerns of massing along the proposed interior street system. The "T" shape site does set some limitations for the design and location of the buildings and proposed improvements. The proposed sidewalk system and the variations provided in the front elevations will promote an attractive pedestrian friendly environment. The end units are offset eight feet from the center units this exceeds the minimum required (4') thereby providing greater variety on the streetscape. This additional offset helps provide a superior product. Consequently, a positive finding with respect to LDR Section 2.4.7(C) (5) can be made. Design Standards: As described below, the development proposal complies with the design standards for townhouse developments as outlined in LDR Sections 4.3.3(0){4)(a) through (d): a) No more than two (2) townhouses may be constructed without providing a front setback of no less than four feet (4') offset front fo rear. 13 Planning and Zoning Board Staff F: Tort, Meeting of August 20, 2007 Village Square -Conditional Use Request The purpose of this requirement is to prevent a long linear appearance. The proposed development contains six teen (16) town house buildings which provide variation in the front and rear elevations as well as the roof line. The units are offset between 4 and 5 feet front to back. Thus, this LDR requirement has been met. b) No townhouse row shall consist of more than 8 units or a length of 200'. The proposal consists of sixteen (16) town house buildings which range from 117' to 168' wide. There are six 6-unit buildings and ten 8-unit buildings. Thus, the proposed development meets this code requirement. c) Service features, garages, parking areas, and entrances to dwelling unifs shall, whenever possible, be located on a side of the individual lot having access to the interior street. Walkways should be designed fo connecf dwelling units wifh each other and connect each dwelling unit wifh common open space. A 5 foot concrete sidewalk is proposed along the interior street system and in-front of each building. This sidewalk system connects all the units with the tot lot area, exercise room, kid's zone, pool and cabana area and to the existing sidewalk along Auburn Avenue, SW 12th Avenue, SW 13th Avenue and SW 8th Street. Also, walkways have been proposed from the rear driveways to the entrance of the units; walkways are also proposed through the courtyards of the condominium buildings and along the lakes that eventually connect to the public sidewalk system. d) Not less than 25% of the total area, less water bodies, shall be usable open space, either for recreational or some other suitable purpose, public or private. The basis for this standard is to assure that larger residential developments provide adequate recreational amenities. A tot lot, club house, exercise room, kids zone, BBQ area, pool and cabana area are part of the amenities offered by this development. However, pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $166,000 will be required of this development for parks and recreation purposes prior to issuance of a building permit. It is noted, however, that three interconnected lakes with littoral planting are being proposed and that 33.2% of the balance of the site will be open space. Thus, the proposed development meets this code requirement. LDR Section 4.3.4{K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Medium Density Residential (RM) zone district: - - - -- - -- Standard Provided Minimurn;Floor Area Two Bedroom Unit 900 sq. ft. _ 1,076 sq. ft. Three Bedroom Unit 1,250 sq. ft. 1,230 - 1,752 sq. ft. Maximum Lot Coverage 40% 26.46% Minimum Open Space 25% 33.20% The table above indicates that the proposal complies with LDR Section 4.4.6{F)(3)(a) as it pertains to the Medium Density Residential (RM) zone district except for the three bedroom 14 Planning and Zoning Board Staff i Tort, Meeting of August 20, 2007 Village Square -Conditional Use Request units. Three bedroom units require a minimum area of 1,250 sq. ft. There are 90 condominium market rate units and 18 condominium workforce units that have only 1,230 sq. ft. Thus, it is attached as a condition of approval that floor plans for the condominium buildings be revised to comply with the minimum 1,250 sq. ft. required for three bedroom units. Recreational Amenities: Pursuant to LDR Section 4.4.6(H)(3), recreational areas shall be required for all new rental apartment developments; and of owner-occupied developments, which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than 25 units may be exempted from this standard, where it is determined by the approving body that it is not practical or feasible to comply. The Southwest Area Neighborhood Redevelopment Plan calls for the implementation of recreational facilities throughout the area where it is appropriate. The project is located in an urban environment and it is located approximately 70 yards south of Catherine Strong Park and approximately a mile south of Pompey park. Recreational opportunities for older children such as the community center and tennis center are located approximately a mile away from the proposed development. In addition, the proposed development has included a swimming pool, gathering room, kid's zone, BBQ pavilion area, exercise room, and a tot lot appropriate for toddlers. It is also noted, that a passive recreation area (three artificial lakes) is being proposed and that 32.55% (lakes excluded) of the site will be landscape/open space. Passive recreational courtyard walkways with street benches are proposed as an additional amenity along the lakes. Based upon the above, compliance with this code requirement has been achieved. Reduction of Pavement Width: Pursuant to LDR Section 6.1.2(C) (3) {a), the minimum paving width for an interior road is 24 feet; however the paving width of the interior roadway within the subject development proposal that runs along the townhouse units is only 22 feet. Therefore, the applicant has requested a waiver to reduce the minimum width. This reduction can only be supported if a prohibition of on- street parking is enforced throughout the community. The prohibition is to be addressed in the homeowners' documents. It is noted that pursuant to LDR Section 2.2.2(E) (6), the Planning and Zoning Board does not have the authority to grant a waiver to this requirement; therefore a recommendation to City Commission for the approval or denial of the waiver is requested of the Board. The following is an analysis of the waiver request: Waiver Analysls: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or 15 Planning and Zoning Board Staff .,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request (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. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The development proposal provides a 22 foot wide street for the portion of the internal street system that runs along the townhouse units. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width for other townhouse projects such as Highland Grove Estates, Gramercy Square, Village at Swinton Square, Atlantic Palms, Atlantic Grove and Legacy at Sherwood Forest. In this particular request, the twenty two feet wide road will provide adequate area for large emergency vehicles to navigate the road. However, the reduction can be supported subject to the condition that the Home Owner's Association documents contain a prohibition on the parking of vehicles within the street access tracts. Consequently, a positive finding with respect to LDR Section 2.4.7(8) (5) can be made. Parking Requirements: Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two (2) parking spaces per unit and one-half (0.5) spaces of guest parking per unit for the first 20 units, plus 0.3 guests spaces per unit for units 21 to 50 and 0.2 guest spaces for units 51 and above. Within townhouse developments, driveways may be used for guest parking, provided that such parking does not result in the space for one unit impeding access to a space of the other. Based on the above, the three hundred and thirty two (332) residential units development is required to provide seven hundred and forty (740) total parking spaces. The development proposal will provide a total seven hundred and forty (740) parking spaces. One hundred and thirty six (136) parking spaces are provided within 116 one and two-car garages, 136 parking spaces are provided in the driveways in front of the garages, 403 parking spaces within the parking lots of the condominium units, 18 parking spaces are provided as guest parking spaces along the interior street system throughout the development and 47 parallel parking spaces have been provided along SW 12th Avenue, SW 13th Avenue, and Auburn Avenue right-of-way. The proposed development has included a total of 16 handicap parking spaces while 15 handicap parking spaces are required. Pursuant to LDR Section 4.6.9(E)(2), where adequate right-of-way exists, construction of additional on-street parking spaces directly and wholly abutting the lot, or parcel, may be counted towards the off-street parking requirement of the lot or parcel it is intended to serve. Forty seven (47) on-street parking spaces are being provided. Fifteen (15) on-street parking spaces along SW 12th Avenue, 19 spaces along SW 13th Avenue, and 13 spaces along Auburn Avenue right-of-way. These on-street parking spaces can be counted towards the off- street parking requirement of the proposed development. Therefore, parking requirements have been met. Pursuant to LDR Section 4.6.9(D)(2), provision for ingress and egress: each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except when the street is a 16 Planning and Zoning Board Staff E, sort, Meeting of August 20, 2007 Village Square -Conditional Use Request private street within a planned development and the street, at the location of the parking, has less than 200 ADT. The parking area of the condominium buildings does not provide an adequate maneuvering area so that a vehicle may be able to enter and exit the parking area in a forward manner. In addition, the proposed street, at the location of the parking, does exceed the 200 ADT threshold required in several areas, and thus, a waiver to this LDR requirement is being requested. The applicant has provided the following justification for the waiver request: "Even though our site plan exceeds the 200 ADT threshold and no adequate maneuvering area for the back-out spaces to access the street in forward manner is provided, the back-out spaces meef every other LDR requirement while providing for a superior product for the would be unit owners on the southwest side of the neighborhood. " "The condominium buildings affected by fhis section of fhe LDRs are townhouse type in character. The actual form of ownership of the units should not affect fhe requirement concerning the ingress or egress of the buildings. The intent of the code is met as fhis is a Townhouse type development " 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. It is noted that short parking segments are proposed along each condominium building and two streets provide access to the buildings which mitigate the impact of the 336 trips per segment. The access provided conforms with the minimal aisle standards requirements, and thus, safety concerns are not a concern. Compliance with this requirement would require redesign of the development and the elimination of many of the recreation amenities. It is noted, that the passive recreation area formed by the three artificial lakes (at different grade levels) will be provided with street benches and small water cascades as an additional amenity. The provision of this high quality recreational space is a priority and it would be jeopardized if an alternative parking solution is designed. A balance should be kept between the LDR requirement and the increase in quality of life that will be provided by the passive recreation area formed by the three artificial lakes. By granting this waiver a superior product will be achieved for the would be unit owners in the Southwest Neighborhood Area. The granting of this waiver will not create an unsafe situation, significantly diminish the provision of public facilities, or adversely affect the neighboring area. The granting of this waiver will 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. Based on the above, positive findings can be made with respect LDR Section 2.4.7 (B){5) to support the waiver request. 17 Planning and Zoning Board Staff t , Tort, Meeting of August 20, 2007 Village Square -Conditional Use Request Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1 } (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 740 parking spaces provided, a minimum of fifteen (15) parking spaces must be handicap accessible. The proposed development has included a total of 16 handicap parking spaces while 15 handicap parking spaces are required, and thus, this LDR requirement has been met. Other Items: Bus Shelter: Pursuant to Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach and will coordinate with Palm Tran to improve the system. A Palm Tran bus stop and bus shelter easement shall be provided along the east side of Auburn Avenue and is to be depicted on the site plan. Thus, a condition of approval is attached that a bus shelter easement(s) shall be provided on the east side of Auburn Avenue along with a bus shelter to be installed with the development. The City will provide the standard detail for the bus shelter. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes a trash compactor located at the northwest corner of the site to serve the condominium units while the townhouse units will have individual trash cans. The trash compactor area has been properly screened with an 8 foot high wall and a wood gate, and thus, this LDR requirement has been met Stacking Distance: Pursuant to LDR Section 4.6.9(D) (3) (c) (2), provisions must be made to provide for 100' of clear stacking in advance of all guardhouses or security gates. A guard house is proposed at the main entrance to the development along Auburn Avenue and a clear stacking distance of 100' has been provided. Thus, this LDR requirement has been met. Right-of-Way Dedication: Auburn Avenue: Pursuant to LDR Section 5.3.1(D) (2) and Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-way width for Auburn Avenue is 50'. The portion of Auburn Avenue within the Village Square property lines will have to be dedicated. In addition, a dedication of a five foot (5') wide sidewalk easement outside the 50' right-of-way will be required. Thus, a dedication of 50' and a five foot (5') wide sidewalk easement outside the 50' right-of-way for Auburn Avenue has been noted on the proposed development plans. Thus, it is attached as a condition of approval that the portion of Auburn Avenue between SW 18 Planning and Zoning Board Staff i, rJrt, Meeting of August 20, 2007 Village Square -Conditional Use Request 7th Street and SW 8th Street including a five foot (5') wide sidewalk right-of--way easement shall be dedicated and executed as part of the plat for the proposed development. SW 12th Avenue: Pursuant to Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-way width for SW 12th Avenue is 50'. Pursuant to LDR Section 5.3.1 (D) (2) an 80' R-O-W for SW 12th Avenue is required, except as otherwise provided in Table T-1 of the Transportation Element of the Comprehensive Plan. Table T-1 requires only 50' while 50' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedications in right-of-way width. The City Engineer and DSMG have reviewed this item and have determined that the current right-of-way width of 50' is sufficient for this section of SW 12`h Avenue. SW 8th Street: Pursuant to LDR Section 5.3.1 (D) (2) and Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-way width for 8"' Streets is 60' and 40' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group {DSMG), may grant reductions or required dedication in right-of-way width. The City Engineer and DSMG have reviewed the current right-of-way width for this road and have determined that a 50' right-of-way is adequate requiring a five foot (5') dedication from this project for SW 8~h Street. Attached as a condition of approval is that a five foot (5') right-of-way shall be dedicated for SW 8th Street and be executed as part of the platting process for the proposed development. In addition, the portion of right-of-way located between SW 13~h Avenue and SW 12t'' Avenue must be abandoned to accommodate this development proposal. This abandonment is being processed separately, and if approved no modification of this plans will be required. If the abandonment is denied a modification of the plans will be necessary. SW 13`h Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SW 13th Avenue, is 60' and only 45' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedication in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a five foot (5') dedication is required for the west side of SW 13th Avenue and shall be noted on the proposed development plans as a condition of approval. Thus, it is attached as a condition of approval that a five foot (5') right-of-way shall be dedicated for the west side of SW 13th Avenue and be executed as part of the plat for the proposed development. SW 10th Street: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SW 10th Street, is 80' and 120' of right- of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedication in right-of-way width. The City Engineer and DSMG have reviewed the current right-of-way width and have determined that a R-O-W of 100' would be retained for this section of SW 10th Street. Lighting: Pursuant to LDR 4.6.8 (Lighting), site lighting must be provided. A site lighting and photometric plan has been provided to ensure compliance with LDR Section 4.6.8. One hundred and twenty nine (129) luminaries have been provided along the interior street system, condominium parking 19 Planning and Zoning Board Staff I art, Meeting of August 20, 2007 Village Square -Conditional Use Request lots, and the west side of SW 12th Avenue, east side of SW 13"' Avenue and east side of Auburn Avenue. Additional wall mounted fixtures are depicted on the porches and driveways of the townhouse units as well as the condominium buildings. Details of the wall mounted light fixtures have been provided, and thus, this LDR requirement has been met. Bicycle Parking: Pursuant to LDR Section 4.6.9(C) (1) (c) and Transportation Element Policy D-2.2 of the Comprehensive Plan, bicycle parking facilities have been provided in close proximity to the pool/cabana recreational area, the tot lot, and south entry feature. In addition there will be a 5 space bike rack located in each breezeway of the condominium buildings for visitors and residents. However, it is anticipated that the occupants of the residential dwelling units will utilize their individual units for storage of their bicycles. Thus, this LDR requirement has been met. Auburn Avenue Left Turn Lane: Palm Beach County's requires an inbound left-turn lane where: ^ Daily volume on the adjacent roadway exceeds 10,000 trips per day; and ^ Driveway volume exceeds 1,000 trips per day; and ^ At least 75 inbound right turns or 30 left turns occur during the peak hour. The applicant has submitted a traffic impact statement that identifies the vehicular impacts on the existing driveways. The development will have access via two full access driveway connections, one from Auburn Avenue and the other from SW 13th Avenue. The generated trips (InlOut) for the A.M. Peak Hour will be 231112 and for the P.M. Peak Hour will be 108/53. The proposed development will generate 2,324 trips per day. Out of the 2,324 trips per day that will be generated 1,557 will be generated on the most northern driveway entrance to the development located on the east side of Auburn Avenue. This volume of traffic exceeds the Palm Beach County requirement of 1,000 trips per day threshold justifying an inbound left-turn lane. As reflected in the Turning Movement Worksheet submitted by the applicant 43 left-turn P.M. Peak Hour trips will be coming into the development from the main access driveway on Auburn Avenue. This volume of traffic exceeds the Palm Beach County requirement of 30 left-turn trips per day. While the current volume of Auburn Avenue does not exceed 10,000 trips per day significant increase in daily volumes are anticipated with redevelopment of the area. Given this increase and the exceeding of the other two volume criteria this development should accommodate a south bound left turn lane (north entrance) into the development. Therefore, it is attached as a condition of approval that this be a required off site improvement. Underground Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect has been placed on the site plan. 20 Planning and Zoning Board Staff i ,rt, Meeting of August 20, 2007 Village Square -Conditional Use Request Plat: As the development proposal will require the combination of individual properties as well as right-of-way easements and dedications, a plat must be processed and recorded prior to issuance of a building permit; and thus, this is attached as a condition of approval. Visibility Triangles: Pursuant to LDR Section 4.6.14(A), when an access way intersects a public rights-of-way or when the subject property abuts the intersection of two or more public right-of--way, triangular areas shall provide unobstructed cross-visibility. Visibility triangles have been depicted on the site plan and landscape plan and meet the LDR requirement. ~ ~~;:.,, _---~ ,. ~`` REVIEW BY'OTHERS --_ ,~ _,_ ~:: „- , E-'-- -- - - - -- - - Community Redevelopment A_gency (CRA): At its meeting of August 9, 2007, the CRA reviewed the conditional use request and recommended approval of the conditional use request. Site Plan Review and Appearance Board: If the Conditional Use request is approved by the City Commission, a site plan application will be processed for 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: ^ Mr. Randy Hughes, Auburn Trace ^ Ms. Bunny Elrod, Progressive Residents of Delray (PROD) ^ Mr. Nick Simeus ^ Mr. Arthur Brown Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of support or objection will be presented at the Planning and Zoning Board meeting. '~ ~ LL ASSESSMENT AND'CONCLUSION "` J` The development proposal to construct a three hundred and thirty two (332) unit residential development is consistent with the policies of the Comprehensive Plan. The development proposal also includes an internal adjustment and a waiver request for pavement widths reductions and provision of maneuvering area so that a vehicle may be able to enter and exit the parking area onto a street in a forward manner to which positive findings can be made with 21 Planning and Zoning Board Staff i . art, Meeting of August 20, 2007 Village Square -Conditional Use Request respect to each. Consistency with Chapter 3 and Section 2.4.5(F) (5) of the Land Development Regulations will be achieved provided the conditions of approval are addressed. The proposed three hundred and thirty two (332) unit townhouse development represents 18.04 units per acre. The development proposal is required to meet the development standards as listed in LDR Section 4.4.6(1) and applicable sections of the Workforce Housing Section 4.7. In conclusion, findings of substantial compliance can be made with regard to all performance standards (a), (b), (c), (d), (e), (f) and (g) listed in LDR Section 4.4.6(1) and the requirements of the RM zoning district will have been adequately addressed to support the proposed increase density of 18.04 units per acre. The development proposal includes the provision of 56 low and moderate income workforce dwellings units within the development in compliance with LDR Section 4.7 Family/Workforce Housing. Given the above, positive findings can be made with respect to both the Comprehensive Plan and all applicable LDR Sections and staff is recommending approval of the Conditional Use request. f~ ~,- s , x ~: -~:_~,. , ALTERNATIVE ACTIONS - _ -~: A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the waiver requests (pavement width and 200 ADT), internal adjustment request (required front and side street setbacks) and conditional use request to allow for a density increase to 18.04 dwelling units per acre for Village Square, 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), 4.4.6(I)[Performance Standards], Article 4.7 [Family/Workforce Housing] and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the waiver requests (pavement width and 200 ADT), internal adjustment request (required front and side street setbacks) and conditional use request to allow for a density increase to 12.40 dwelling units per acre Village Square, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(E)(5), 4.4.6(I)(Performance Standards], Article 4.7 [Family/Workforce Housing] and Chapter 3 of the Land Development Regulations. ,~ ,;fl ~,~ , ,=s; `RECOMMENDED ACTION - By Separate Motions: Internal Adjustment LDR Secfion 2.4.7 (C): Move approval of the request for internal adjustment for Building TH-2 to reduce the required side street setback (north side of the building) from 15' to 11'; the require side street setback (south side of the building) from 15' to 4'; the require front street setback (east side of the building) from 15 to 9', all setbacks are measured from the proposed street system/access tract, 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 2.4.7(C) (5) of the Land Development Regulations. 22 Planning and Zoning Board Staff art, Meeting of August 20, 2007 Village Square -Conditional Use Request Waivers: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.2(C) (3) (a) to reduce the minimum pavement width of the interior roadway from 24 feet to 22 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development Regulations. Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.6.9 (D) (2) to waive the requirement that adequate maneuvering area shall be provided for a vehicle to enter and exit the parking area onto the street in a forward manner, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development Regulations. Conditional Use: Move a recommendation of approval to the City Commission for the conditional use request to allow for a density increase to 18.04 dwelling units per acre for Village Square, 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), 4.4.6(I)[Performance Standards], Article 4.7 [Family/Workforce Housing] and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted site plan and addresses the "Exhibit "A" -Technical Items and conditions of approval attached in the staff report; 2. That a plat must be processed and recorded prior to issuance of a building permit; 3. That the applicant provides a southbound left turn lane at the north entrance within Auburn Avenue; 4. That paver-block raised speed tables be provided along SW 12~' Avenue and SW 13tH Avenue as traffic calming devices; 5. That a bus shelter easement(s) shall be provided on the east side of Auburn Avenue and a bus shelter be installed. The City will provide detail on the bus shelter; 6. That the location of the 56 workforce housing units be clearly depicted within each building in the site plan; 7. That the workforce housing units are sold in accordance with Article 4.7.7; 8. That the portion of Auburn Avenue between SW 7th Street and SW 8th Street including a five foot (5') wide sidewalk easement shall be dedicated and executed as part of the plat for the proposed development; 9. That a five foot (5') right-of-way dedication is required for the south side of SW 8th Street and shall be noted on the proposed development plans and be executed as part of the platting process for the proposed development; 23 Planning and Zoning Board Staff ~ art, Meeting of August 20, 2007 Village Square -Conditional Use Request 10. That the portion of right-of-way for SW 8th Street located between SW-13th Avenue and SW 12th Avenue shall be abandoned or the site plan modify accordingly; 11. That a five foot (5') right-of-way dedication is required for the west side of SW 13th Street and shall be noted on the proposed development plans and be executed as part of the plat for the proposed development; 12. That the Home Owner's Association documents contain a prohibition on the parking of vehicles within the interior street system and that a copy of such document be provided to the City; 13. That the terms of resale of the workforce housing units be included in the deed or restrictive covenant consistent with workforce requirements of LDR Section 4.7 and recorded in the Public Records of Palm Beach County; 14. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices; 15. That no amendments to the covenants shall be made unless by written instrument approved by the City; 16. That floor plans for the condominium buildings shall be revised to comply with the minimum area of 1,250 sq. ft. required for three bedroom units and that the footprints for the condominium buildings shall be revised in the site plan and landscape plan; 17. That no lot premiums be charged on the workforce housing units and that all workforce housing units shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliance with market rate units and provide them as standard features; and 18. That a composite utility plan be provided with the site plan application. Report prepared by: Estelio Breto, Senior Planner Attachments: • Exhibit "A", Site Plan ^ Landscape Plan • Elevations, Engineering Plans ^ Location Map 24 Planning and Zoning Board Staff h. -art, Meeting of August 20, 2007 Village Square -Conditional Use Request p ~ ~ ~ * , _, ~, ' ~, t , ':''~'Y' ~' ~ ~r .,.TEC~FIIV~ 7EMS~ Preliminary Engineering Technical Comments: 1. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 (A), (B) and (D). Existing grades should be taken approximately 10-feet outside all subject property lines for all adjacent properties. Survey shall provide sufficient information to determine historical drainage pattern. 2. The survey, site plan, landscaping plan and preliminary engineering plan shall be at the same scale per LDR Section 2.4.3 (B) (1 ). All plans shall be drawn on 24" x 36" sheets and at a scale of 1" = 10', 1" x 20' or 1" x 30'. 3. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. See LDR Section 2.4.3 (D) (4) and (7). 4. Clearly dimension driveway width. Maximum driveway width of driveway is 24 feet. 5. Provide bus shelter easement(s) and install bus shelter. City will provide detail on bus shelter. 6. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles should be indicated on landscape and engineering plans. Provide copy of the approved landscape plans. Per Section 4.6.14 of LDRs, any landscaping in the site triangle "shall provide unobstructed cross-visibility at a level between 3-feet and 6-feet" this includes tree trunks. 7. Proposed water main should be looped. 8. Minimum size of water main in City of Delray Beach is 8-inches. Material of proposed water main is to be Ductile Iron Pipe or C-900. 9. Indicate location of irrigation water meters (east of I-95 only) on engineering plans. 10. Provide exclusive 12-feet water and sewer easements over water and sewer mains. 11. A clean-out will be required on the proposed sewer service at the right-of-way line and/or easement line. Provide on the detail sheet City of Delray Beach Standard Detail. Multiple sewer service cleanout connections are not allowed, only double service connections, see City of Delray Beach Standard Detail WW.4.1. 12. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. 13. Show all easements on Landscape Plans. 14. Developer to ensure that no landscaping is planted over any exfiltration trenches. 25 Planning and Zoning Board Staff . art, Meeting of August 20, 2007 Village Square -Conditional Use Request 15. A minimum 10-feet general utility easement is to be provided through the property. 16. Provide location of proposed street lights and address responsibility for installation and maintenance per LDR 2.4.3 (D) (6). 17. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the City of Delray Beach Engineering Department, 434 S Swinton Ave., Delray Beach, FL 33444. 18. 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I 6~ j ~ ~ 4 ~ ~ \ I j I i - I - ~ - - F _-- I i _ w ~ __ ~ z _ ~ ~ -- _ _ I z __ -_ > - - _ ' - 'b b --- ~ ~ °~ _ _ - ~ ~ _ ~x I ~ ~ ~; a p3 ;z ~ a b` t - w w r- x* o: ¢; ¢-. x LL S? ¢: U I W ¢ Sp a- (7 ~ 0 2 a w O4 ¢; ¢- ~% 0 F MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ESTELIO BRETO, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGE~~~ DATE: AUGUST 30, 2007 SUBJECT: AGENDA ITEM # ~ •,V -REGULAR MEETING -SEPTEMBER 4 2007 CONSIDERATION OF AN INTERNAL ADJUSTMENT TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.4.6(F)(3)(c) FOR SIDE STREET, AND FRONT SETBACKS AND TWO WAIVER REQUESTS TO LDR SECTION 6.1.2(C)(3)(a) MINIMUM PAVEMENT WIDTH AND (LDR) SECTION 4.6.9(D)(2) VEHICLES MUST ENTER AND EXIT PARKING SPACES ONTO THE STREET IN A FORWARD MANNER IN ASSOCIATION WITH THE VILLAGE SQUARE DEVELOPMENT PROPOSAL. ITEM BEFORE COMMISSION Consideration of an internal adjustment for one building within the Village Square development from the side street and front setbacks from the internal street system and two (2) waivers, one to minimum pavement width (22' vs 24') and the other to a requirement that parking spaces do not back out into a street carrying more than 200 ADT (Average Daily Trips). BACKGROUND Internal adiustment Analysis LDR Section 2 4 7(C) Findings Pursuant to LDR Section 4.4.6(F)(3)(a), Building TH-2 within Village Square does not meet the required side street and front setbacks from the internal street system/access tract. The applicant has requested an internal adjustment to reduce the building setbacks as follows: • Internal adjustments for Building TH-2 to reduce the required side street setback (north side of the building) from 15' to 11'; the required side street setback (south side of the building) from 15' to 4'; the required front setback (east side of the building) from 15' to 9'. Pursuant to LDR Section 2.4.7(C)(5), concurrent with granting relief from a development standard or regulation, the granting body must make a finding that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior product will result. The practical application of this requirement is to assure structures do not appear overly massive or crowd the site on which they are located. The building for which relief is sought is limited to two-stories in height and has been oriented to reduce any concerns of massing along the proposed interior street system. The "T" shape of the overall site does set some limitations for the design and Ivcation of the buildings and proposed improvements. Further, the proposed sidewalk system and the variations provided in the front elevations will promote an attractive City Commission Regular Meeting -September 4, 2007 Conditional Use and Waiver Requests Allow an Increase in Density for the Village Square pedestrian friendly environment. Additional offset for the end units of 8' exceeds the minimum required 4' providing greater variety on the streetscape. This additional offset and the buildings reduced height helps provide a superior product. Consequently, a positive finding with respect to LDR Section 2.4.7(C)(5) can be made. Waiver Requests LDR Section 2.4.7(8)(5) Findings: The request includes consideration of two waiver requests, one to reduce the required minimum paving width for an interior road from 24' to 22' [LDR Section 6.1.2(C)(3)(a)), and the other to waive the requirement that vehicles enter and exit parking areas onto the street in a forward manner [LDR Section 4.6.9(D)(2)]. Pursuant to LDR Section 2.4.7(8)(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 in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The development proposal provides a 22' wide travel lane for the portion of the internal street system that runs along the townhouse units. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width for other townhouse projects such as Highland Grove Estates, Gramercy Square, Village at Swinton Square, Atlantic Palm, Atlantic Grove, and Legacy at Sherwood Forest. In this particular request, the 22' wide road will provide adequate area for large emergency vehicles to navigate the road. The reduction can be supported subject to the condition that the Home Owner's Association documents contain a prohibition on the parking of vehicles within the street access tracts. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Pursuant to LDR Section 4.6.9(D)(2), adequate maneuvering area shall be provided for a vehicle to enter and exit the parking area onto the street in a forward manner, except when the street is a private street within a planned development and the street, at the location of the parking, has less than 200 ADT. Several sections of the parking lots of the proposed condominium buildings do not meet this code requirement. It is noted that short parking segments exceed the maximum ADT volumes (200 ADT allowed 336 ADT proposed). Compliance with this requirement would require redesign of the development and the elimination of many of the recreation amenities. It is noted, that the passive recreation area formed by the three artificial lakes will provide street benches and small water cascades as an additional amenity. The provision of this high quality recreational space is a priority and it would be jeopardized if an alternative parking solution is designed. A balance should be made between this LDR requirement and the increase in quality of life that will be provided by the recreation amenities formed by the three artificial lakes. By granting this waiver a superior overall product will be achieved. The granting of this waiver will not create an unsafe situation, significantly diminish the provision of public facilities, or adversely affect the neighboring area. 2 City Commission Regular Meeting -September 4, 2007 Conditional Use and Waiver Requests Allow an Increase in Density for the Village Square The granting of this waiver will 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. Based on the above, positive findings can be made with respect LDR Section 2.4.7 (B)(5) to support the waiver request. REVIEW BY OTHERS The Planning and Zoning Board reviewed the internal adjustment and waiver requests at their meeting of August 20, 2007 in conjunction with review of the 332 unit Village Square development. After a brief discussion, the Board moved a recommendation of approval of the internal adjustment and both waivers on a unanimous vote of 7-0. A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of August 20, 2007. RECOMMENDATION By separate motions: Move approval of the request for internal adjustment to LDR Section 4.4.6(F)(3)(c) for Building TH-2 to reduce the required side street setback (north side of the building) from 15' to 11'; the require side street setback (south side of the building) from 15' to 4'; the require front street setback (east side of the building) from 15' to 9', 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 2.4.7(C)(5) of the Land Development Regulations. Move approval of the request for a waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24' to 22', by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8)(5) of the Land Development Regulations. Move approval of the request for a waiver to LDR Section 4.6.9(D)(2), to the requirement that adequate maneuvering area shall be provided for a vehicle to enter and exit the parking area onto the street in a forward manner, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5) of the Land Development Regulations. Attachment: ^ Planning and Zoning Board Staff Report of August 20, 2007 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER AND INTERNAL ADJUSTMENT REQUESTS FOR VILLAGE SQUARE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA The internal adjustment and waiver requests have come before the City Commission on September 4, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the internal adjustment and waiver requests for the Village Square Project. 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. INTERNAL ADJUSTMENT: Pursuant to LDR Section 4.4.6(F)(3)(a), Building TH-2 within Village Square does not meet the required side street and front setbacks from the intemal street system/access tract. The applicant has requested an intemal adjustment to reduce the building setbacks as follows: Internal adjustments for Building TH-2 to reduce the required side street setback (north side of the building) from 15' to 11'; the required side street setback (south side of the building) from 15' to 4'; the required front setback (east side of the building) from 15' to 9'. Pursuant to LDR Section 2.4.7(C)(5), concurrent with granting relief from a development standard or regulation, the granting body must make a finding that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior product will result. Does the internal adjustment request meet the requirements of 2.4.7(C)(5)? Yes No II. WAIVER: Pursuant to LDR Section 4.6.9(D)(2), adequate maneuvering area shall be provided for a vehicle to enter and exit the parking area onto the street in a forward manner. The applicant has requested a waiver to this section. Pursuant to LDR Section 6.1.2(C)(3)(a), the minimum paving width for an interior road is 24 feet. The applicant has requested a waiver to reduce the width from 24 feet to 22 feet. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the maneuvering area waiver request meet all the requirements of 2.4.7(6)(5)? Yes No Does the minimum paving width waiver request meet all the requirements of 2.4.7(6)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the internal adjustment request to LDR Section 4.4.6(F)(3)(a) and waiver requests to LDR Sections 4.6.9(D)(2) and 6.1.2(C)(3)(a). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 4~' day of September, 2007, by a vote of in favor and opposed. 2 ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk g.yy. 3RD W ®®3 i ~^ S. W. 3RD CT. .W. 3RD CT. z s w. •nl sT. ~ a s.w. 4TH sr. ~ ~ k AUBURN gRCLE NORTH _ ~ a '^ ~' ~ ~ ~ a W U K ~'~ 3 3 3 U EP VI VI Vl In s.w. TH 0 s.w. eTl+ sT. AUBURN DR. ~ ~ U E P~2J > W m m F- < < ~ ~ n ~ Q JQ? F- PJ0 AUBURN GR. 5. V1 AUBURN o! s.w. 7TH sr. W TERR. S0. S. W. 7TH ST. H Z ~ ~ a i 3 VI N ~ s.w. BTH s.w. e ~ ~ ~ 9TH T ~ ~ ~ ~ o 3 3 s.w. TH cr. VI f/1 3 vi 3 3 3 N IA 41 41 g,yy, 10TH STREET ~ ~®~ Z ~ ~ ~ r ~^ m ~ 3 N ROYAL ALN DR. ~ S. W. 11TH ST. ~~ o p S 3 3 vi vi POINSETTIA DRIVE d ~ ~ v~ 3 OOUGLASS AVENUE o ~ ~ W 3e z ? GEORGIA STREET N VILLAGE SQUARE '~ SUBJECT PROPERTY 12-43-46-20-01-019-0020 qTY OF DELRAY BEACH, FL LdCATI(~N NEAP PLANNING k ZONING DEPARTMENT -- DlCITAL &ISE MAP SYSTEM -- MAP REF: 1M7019 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: August 20, 2007 AGENDA ITEM: v. A. ITEM: Conditional Use Request for the Village Square to Allow an Increase in the Residential Density Above 12 Dwelling Units Per Acre (18.04 du/ac proposed) Pursuant to the City's Family/Workforce Housing Program. The property is located on the east side of Auburn Avenue and SW 13th Avenue between SW 7th Street and SW 10th Street. GENERAL DATA: Applicant ..................... Village Square, LLC Agent ......................... Weiner & Aronson, P.A. Owner ........................ Delray Beach Housing Authority Location .......................... East side of Auburn Avenue and SW 13th Avenue between SW 7th Street and SW 10th Street Property Size .................. 18.40 acres Future Land Use Map..... TRN (Transitional) Current Zoning ............... RM (Medium Density Residential) Adjacent Zoning....North: RM (Multiple Family Residential) East: RM (Multiple Family Residential) South: R-1-A (Single Family Residential) West: RM (Medium Density Residential) Existing Land Use.......... Vacant Rental Community Proposed Land Use........ A 332-unit residential development (116 townhouse units and 216 residential condominium units). Water Service ................. Water service is available via service lateral connections to two existing 8" water mains located south of SW 7th Street right-of-way and east of SW 13th Avenue. Sewer Service ................ Sewer service is available via service lateral connection to an existing 8" sanitary sewer main within the SW 12th Avenue right-of-way. V. A. =-, . ,,, - ,`r~~< ~`-~ r~ ~~„ j°`"' '_, ~'` '~ITEM`BEFORE`'THE-BOARD ~~- - - The action before the Board is making a recommendation to the City Commission on a conditional use request for Village Square to allow an increase above 12 dwelling units per acre [LDR Section 4.4.6(D)(12)] (18.04 du/ac proposed), pursuant to LDR Section 2.4.5(E). The property is located on the east side of Auburn Avenue and SW 13th Avenue between SW 7th Street and SW 10th Street. ~., , . BACKGROUND/PROJECT DESCRIPTION ~~ ' ~' ` The subject property consists of Tract "A", located on the south side of SW 7th Street to the north of SW 8th Street and to the east of Auburn Avenue; and Tract "B" located to the south of SW 8th Street and to the north of SW 10th Street between SW 12th Avenue and SW 13th Avenue. The area of the property totals 18.41 acres and is zoned RM (Medium Density Residential). Tract "A" contains seventeen (17) multiple family structures that were built in 1981 and would be demolished; and Tract "B" is currently vacant. The development proposal includes the construction of a 332-units residential development, which will contain 116 two and three-story townhouse units and 216 residential condominium units within nine (9) three-story buildings. Multiple family residential developments may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. The development proposal also includes the following waiver and internal adjustments: • Internal adjustments for Building TH-2 from setbacks which are measured from the proposed street system/access tract pursuant to LDR Section 4.4.6 (F) (3) (c). The internal adjustment requests include a reduction in the required side street setback (north side of the building) from 15' to 11'; the require side street setback (south side of the building) from 15' to 4'; the require front street setback (east side of the building) from 15 to 9'. ;and • A waiver to reduce the required roadway pavement width from 24' to 22' [LDR Section 6.1.2(C) (3) (a)]. The conditional use request is to allow an increase in density above 12 units per acre in the Southwest Area Neighborhood Overlay District (18.04 units per acre proposed) in accordance with the provisions of the City's Family/Workforce Housing Ordinance. The conditional use request is associated with the construction of a 332-unit residential development, known as the Village Square. Out of the 332 residential units proposed 56 will be workforce housing units which will include townhouses and condominium units. Multiple family residential developments may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. The conditional use application is now before the Board for consideration. Planning and Zoning Board Staff ~ ,,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request ' ~ :• ~ ; : ' :` ~ '` ~ ~=; . `CONDITIONAL' llSE-ANALYSIS .'`` . 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 LDRs 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 TRN (Transitional) and is zoned RM {Medium Density Residential). The RM zoning district is consistent with the TRN Future Land Use Map designation. Pursuant to LDR Section 4.4.6(D){12), multiple family residential developments are allowed and may exceed 12 units per acre, up to a maximum of 24 units per acre, within the Southwest Neighborhood Overlay District, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. Multiple family residential developments that exceed 12 units per acre are allowed as a conditional use in the RM zoning district subject to the above provisions. 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 is available via service lateral connections to two existing 8" water main that traverse the site and are located south of SW 7th street right-of-way. In addition, water service is also available via service lateral connections to an existing 8" water main that traverses the site and is located east of SW 13th Avenue right-of-way. There are five (5) fire hydrants that are placed throughout the existing project (to be demolished) which will be relocated to accommodate the proposed multiple family structures. An additional fire hydrant is located at the intersection of SW 13th Avenue and SW 10th Street. Sewer service is available via service lateral connection to an existing 8" sanitary sewer main within the SW 12th Avenue right-of-way. In addition, sewer service is also available via a service lateral connection to an existing 8" sanitary sewer main that traverses the site and is located to the north SW 7th Street Court right-of--way. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. 2 Planning and Zoning Board Staff ~ ,,,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request Drainage: A conceptual engineering plan has been submitted with the conditional use application that indicates that drainage will be provided via sheet flow to catch basins (type "D' Inlet) and exfiltration trenches. The outfall of the drainage system is tied to the City's storm water system. There are no problems anticipated in retaining drainage on site and obtaining any/all necessary permits. Traffic: A traffic study has been submitted that indicates that the proposed development will generate a net of 924 Average Daily Trips (increase) with 37 A. M. Peak Hour Trips (increase) and 37 P.M. Peak Hour Trips (increase). A letter from the Palm Beach County Traffic Division indicating that the proposed project meets concurrency with the Palm Beach County Traffic Performance Standards Ordinance has been provided, and thus, traffic concurrency requirements have been met. Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts projects may have on City recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit for parks and recreation purposes. A total fee of $166,000 will be required of this development. Solid Waste: The proposed 332-unit residential development will generate 172.64 tons of solid waste per year (332 units x 0.52 tons = 172.644 tons). The existing 200-unit residential development generated 104 tons of solid waste per year (200 units x 0.52 tons = 104 tons). This will represent an increase of 68.64 tons over the current condition (172.64 tons - 104 tons = 68.64 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. Schools: A letter from the Palm Beach County School District indicating that the proposed development meets concurrency standard has been provided, and thus, a positive finding with respect to this level of service standard can be made. 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: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property. The proposed residential development will be complimentary to the existing development pattern in the neighborhood. The additional residential units will add to the customer base for the existing commercial uses along West Atlantic Avenue and aid in the redevelopment of this corridor. The 3 Planning and Zoning Board Staff ~ ;;ort, Meeting of August 20, 2007 Village Square -Conditional Use Request proposed development will enable the fulfillment of remaining land use needs by the provision of workforce housing, as discussed in greater detail with Future Land Use Element Policy C-1.7. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A-1, that the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Future Land Use Element Policy C-7.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on fhe north, SW 90~`' Street on the south, Infersfate-95 on fhe west, and Swinton Avenue on the east. Many of the parcels in fhe area contain vacanf or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission of its meeting of June 3, 2003. The Plan establishes a blueprint for the revifalizafion and stabilization of fhe area. The Southwesf Area Neighborhood Redevelopment Plan is divided info five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implemenfation of the various plan components. Future development in fhe area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan, and is more specifically included within sub-area #3 and is known as The Village Center. This sub-area extends from SW 3`d Street to S.W. 10"' Street. The Agencies currently based within the Village Center corridor include the Village Academy, the Boys and Girls Club, Head Start, the Delray Beach Housing Authorities, and other service providers. The Southwest Area Neighborhood Redevelopment Plan recommends that sub-area #3 (the Village Center) be redeveloped to create a seamless service network linking education, social, and recreation services and facilities to meet the needs of southwest area neighborhoods. The Southwest Area Redevelopment Plan also calls for the provision of a mix of incomes with a strong base of affordable housing units and a mixture of multi-family housing (apartments/townhomes). The proposed development will further these goals by replacing existing deteriorated housing with a 332-unit townhouse and condominium development. The proposal includes a mix of market rate housing and workforce housing units (out the 332 residential units 56 are proposed as workforce housing units). The proposed development will likely improve the safety of the area as well as its long term stability. It will introduce new housing units to the area and strengthen night time security providing more "eyes on the street" as a deterrent to criminal behavior. The Southwest Area Neighborhood Redevelopment Plan also recommends that redevelopment in sub-area #3 be implemented by building upon traditional models of town development and architecture to enhance neighborhood character and create a sense of place. The proposed development does provide a sense of place through its use of neo-traditional architectural design. The front porches will provide a contact, conversation, and gathering place for the residents. The proposed porches will also provide a sense of place for passive recreation and 4 Planning and Zoning Board Staff port, Meeting of August 20, 2007 Village Square -Conditional Use Request community living. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, that the proposed development will fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. 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. As noted previously, the proposed development will replace severely deteriorated housing with 332-unit townhouse and condominium development. The provision of workforce housing within the proposed development will assure that affordable housing will be maintained within the neighborhood. Safety, habitability and stability of the neighborhood should be significantly improved by introducing additional homeowners into the area. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.6 RM Zone District: Pursuant to LDR Section 4.4.6(A) Purpose and Intent: The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre, except within the Southwest Neighborhood Overlay District where the maximum density is 24 dwelling units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Southwest Neighborhood Overlay District, the Southwest 10th Street Overlay District, and the Carver Estates Overlay District, the actual density is also based upon the development's ability to comply with Article 4.7 (FamilylWorkforce 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. LDR Section 4.4.6(1) Performance Standards: 1) Pursuant to LDR Section 4.4.6(1)(1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a 5 Planning and Zoning Board Staff ~ . _iort, Meeting of August 20, 2007 Village Square -Conditional Use Request project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. 2) In addition to the above, LDR Section 4.4.6(1)(2), it is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards, which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. The performance standards are as follows: (a) The Traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of Traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended fo minimize through traffic and keep speeds within the development at or below 20 m.p.h. The 116 townhouse units and 216 condominium units have been oriented to front on SW 13th Avenue, SW 12th Avenue, Auburn Avenue, and the proposed internal street system. To reduce speeds and increase the element of safety, it is recommended and attached as a condition of approval that paver block raised speed tables be located along SW 12th Avenue, and SW 13th Avenue. Raised speed tables have been depicted on the site plan along the interior street system at various locations. This proposed traffic calming measure should be an adequate means to control speed in both directions along SW 12th Avenue, SW 13`h Avenue, Auburn Avenue, and along the looped interior street system. The proposed development will comply with this performance standard provided the condition of approval is addressed. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The proposal involves the development of one hundred and sixteen (116) fee simple townhouse units in sixteen (16} two and three-story buildings, and two hundred and sixteen (216) condominium units within nine (9) three-story buildings. Despite the un-usual "L" shape configuration of the lot, the proposed two and three-story townhouses and condominium buildings have been placed on the site in a manner that maximizes the view of the proposed streetscape, open spaces, walkways. The townhouse units are staggered and provide variation in the front elevations. The townhouses and condominium buildings provide different roof plane changes which add visual interest to the roof line. This generates a harmonious rhythm to the buildings and provides a more visually attractive appearance and streetscape. These features will help lessen the potential perception of massing of the development. Thus, the proposed development complies with this performance standard. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property 6 Planning and Zoning Board Stafi fort, Meeting of August 20, 2007 Village Square -Conditional Use Request lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The majority of the surrounding residential zoning to the east, west, and north is the same as the subject property RM (Multiple Family Residential -Medium Density). However, a portion of the project (east and south), is zoned R-1-A (Single Family Residential. Pursuant to Land Development Regulations (LDR) Section 4.4.6 (I) (1) (c) the setback to the south and east side of the property must be increased by at least 25% of the required minimum. The required side interior setback along the south property line is 12.5' and 18' is provided which exceeds the requirement. Similarly, the required side street setback along a portion of the east side of the property is 12.5' and 15' are provided which exceeds the requirement. In addition, a 6' high wall along a portion of the south and east side of the property has been provided to visually buffer the adjacent single family residential areas. A typical site perimeter wall detail has also been provided. The applicant has increased and enhanced the landscaping required along this portion of the east and south property line to provide a meaningful separation between the Single Family Residential (R-1-A) district and the proposed development; this landscape buffer includes Ligustrum trees planted 20 feet on center. Thus, the proposed development complies with this performance standard. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset fo add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative files, etc. The proposed streetscape incorporates building offsets as well as variations in the roofline. The roofline is a combination of gable and hip roofs. Diversity among the windows will be accomplished with the provision of five (5) different windows shapes. The front elevations of the buildings contain the entries to individual units with alternating designs and neo- traditional porch areas facing the right-of-way. The garages and driveways are provided to the rear of the buildings and are accessed from the internal street system. The architectural elevations include many features and design elements, such as: ultra seam light grey metal roofs, decorative vinyl shutters (painted blue and brown), bay windows, balconies with metal railing (painted blue and brown), aluminum French doors for the condominium buildings, decorative wall mounted fixtures, clap siding for the upper floor and light stucco texture finish for the lower floor, decorative stucco column base and capitals, and decorative brackets and outriggers. All nine condominium buildings have 3-story high roof lines. Thirteen out of the sixteen townhouse buildings feature atwo-story roof line, while remaining three have athree-story roof line except for the end units which also have atwo- story roof line. The proposed buildings will have light texture color stucco finishes. The proposed architectural style (Neo-Traditional, New Urbanism style), with three different colors (white, light yellow and brown) to distinguish individual townhome and condominium units, will create the varied streetscape and building design required by this performance standard. Thus, the proposed development complies with this performance standard. (e) A number of different unit types, sizes and floor plans are available wifhin the development in order to accommodate households of various ages and sizes. Multi- 7 Planning and Zoning Board Staff port, Meeting of August 20, 2007 Village Square -Conditional Use Request family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The project provides two and three-bedroom condominium units and three-bedroom townhouse units along with one and two car garages. There are three different sizes of three-bedroom units with different floor plans, (1,230, 1,530, and 1,752 square feet) and one size two-bedroom unit (1,076 square feet). Variety has been provided in term of the size of the units to accommodate households of various sizes and ages. Family size and income level in the Southwest Neighborhood Redevelopment Area does not indicate a demand for one bedroom units, and thus, such type of unit is not provided. Based upon the above, this standard has been accommodated. (fl The development is designed fo preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habifaf, are created and incorporated into the project. This is a redevelopment project. Since the site has already been disturbed, no natural areas exist on site to be preserved. However, the proposed development will provide a common open space area for native habitat through the introduction of a newly created lake. Walkways are being proposed through the courtyards of the condominium buildings and along the lakes that eventually connect to the interior and public sidewalk system. It is noted, that the passive recreation area formed by the three artificial lakes (at different grade levels) will be provided with street benches and small water cascades as an additional amenity. Based upon the above, this standard has been accommodated. (g) The project provides a convenient and extensive bicycle/pedesfrian network, and access to available fransif. The development provides a walkway pedestrian system that links each unit to the public sidewalk system and the available mass transit system. This performance standard has been met. Based on the above, positive findings can be made with respect to all seven (7) performance standards. Therefore, the performance standard requirements of the RM zoning district have been adequately addressed to support the proposed density of 18.04 units per acre. WORKFORCE HOUSING STANDARDS FOR DENSITY INCREASE: LDR Section 4.7.3 -Provision of Workforce Housing Units: Developers will be awarded density bonus units (additional market rate units), beyond the base number allowed per existing zoning ordinance after performance standards have been met, as an incentive to provide affordable housing units, subject to the limits and requirements of this chapter. a. Developers may earn bonus units by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts. b. All development shall meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. 8 Planning and Zoning Board Staff E. Tort, Meeting of August 20, 2007 Village Square -Conditional Use Request c. Workforce units shall include those units in a development, which are regulated in terms of: i. Sales price or rent levels; and ii. Marketing and initial occupancy; and iii. Continued requirements pertaining to resale or rent increases. Section 4.7.4 Density Bonus Program for the Southwest Neighborhood Overlay District Developers of property in the Southwest Neighborhood Overlay District that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families. d. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT OPTION SALE /RENT VERY LOW 60% LOW 80% - 61 MODERATE 120% -81 NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED 4 3 2 LARGE HOME OPTION 4+ bedroom workforce housing units Additional 0.5 bonus will be added to the bonus provided above in this chart e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to the Delray Beach Community Land Trust that will be utilized to subsidize workforce housing in the City of Delray Beach. Developers may earn one bonus unit for each payment of a sum equal to $60,000, payable to the Delray Beach Community Land Trust. Also, instead of or in addition to providing workforce housing units, developers shall earn bonus units by donating land (buildable lots) in the City Delray Beach to be used for workforce housing. The appraised value of donated land will be valued in accordance with subsection e. above and may be prorated. The appraisal shall be obtained by developer at developer's cost. g. The maximum total density of a development in the Southwest Neighborhood Overlay District and the Carver Estates Overlay District shall not exceed 24 units per acre. The maximum total density of a development in the Infill Workforce Housing Area shall not exceed 18 units per acre. All other Workforce Housing 9 Planning and Zoning Board Staff . ort, Meeting of August 20, 2007 Village Square -Conditional Use Request Area densities shall be limited to the maximum allowed in the zoning district and as set forth elsewhere in the Land Development Regulations. There are 332 dwelling units proposed within the subject property (18.40 acres). This equates to an overall density of 18.04 dwelling units per acre (332 units / 18.40 acres = 18.04 du/ac). The density allowed is 12 du/ac which equates to a total of 220 residential units (18.40 acres x 12 du/ac = 220 units). The applicant is requesting an increase of 112 units above the two hundred and twenty units allowed (332 - 220 = 112 units). To support the increased density, fifty six (56) moderate income bonus units are needed (112 units / 2 bonus per workforce unit provided = 56). To obtain the increase density requested at least 56 units must be affordable low to moderate income. The applicant has indicated that out of the 332 residential units fifty six (56) will be workforce housing for low to moderate income families. Based upon the above, an increase in density to 18.04 units per acre can be granted. A condition of approval is attached that the location of the 56 workforce housing units be clearly depicted in the site plan. Pursuant to Section 4.7.9 (b), workforce housing units within a market rate inclusive development shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliance with market rate units and provide them as standard features. The applicant has indicated that the workforce housing units will be provided with the same standards appliances as those offered in the market priced residential units and will include range, microwave, fridge freezer, washer and dryer. Also, all HVAC systems will be provided by the same manufacturer and will be sized depending on energy calculations and floor area. For Sale Housing Units Pursuant to LDR Section 4.7.7, there are numerous requirements that apply to the sale of owner-occupied workforce housing units. These stipulations identify the terms under which these units need to be sold such as eligibility, occupancy, and terms of purchase. A condition of approval is attached that the units are sold in accordance with this section. Resale and Subsequent Rentals of Affordable Units Pursuant to LDR Section 4.7.8, to maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, numerous restrictions have been put into place on the resale of workforce housing. A condition of approval is attached that the terms of resale of these units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County. Workforce Housina General Provisions Lot Premiums: Pursuant to LDR Section 4.7.9(e), there shall be no lot premiums charged on the workforce housing units, and thus, this is attached as a condition of approval. Covenants Enforcement: Pursuant to LDR Section 4.7.9{g), the City of Delray Beach, its successors and assigns may enforce the covenants relating to the workforce units. No amendments to the covenants shall be 10 Planning and Zoning Board Staff I _ ,,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request made unless by written instrument approved by the City; this is attached as a condition of approval. Review and Approval Process: Pursuant to LDR Section 4.7.10(a), final conditions of approval shall specify that the restricted units are priced and/or rented at workforce housing levels and shall state that those units shall be rented and/or sold to the eligible income group. The conditions will also specify the requirements for reporting to the City's Community Improvement Department on buyer eligibility, housing prices, as well as any applicable requirement to record a covenant or to enforce resale restrictions. A condition of approval is attached that requires the coordination to the Community Improvement Department on buyer eligibility and housing prices for the workforce units. 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 the north and east by RM (Multiple Family Residential) zoning district and OSR (Open Space Recreational); to the south partially by R-1-A (Single Family Residential) and Industrial zoning (I), and to the west by LI (Light Industrial). The adjacent land uses include: multiple family structures to the north; single family residential to the south; multiple family structures and the Delray Beach Memorial Cemetery to the east; and a vacant lot to the west. The proposed residential development will be compatible with the single and multiple family development patterns that prevail in the neighborhood. The additional residents should improve the stability of the neighborhood by increasing the number of "eyes" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring 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 density to 18.04 dwelling units per acre in accordance with the City's Workforce Housing program. 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. Townhouses and Townhouse Tvne of Development: Setbacks: Pursuant to LDR Section 4.3.3(O)(3)(a), setbacks from the perimeter of the overall project shall be as established by the base zone district requirements which in this case is the Southwest 11 Planning and Zoning Board Staff ~ , ,,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request Neighborhood Overlay District Development Standards. These setbacks from the perimeter of the overall project have been met (see chart below). Pursuant to LDR Section 4.3.3(O)(3)(b), setbacks interior to the project shall be measured from the platted street system. Setbacks interior to the project have been met except for townhouse building TH-2 for which relief is being requested. Pursuant to LDR Section 4.3.3(O)(3)(c), setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in-lieu thereof structures (dwelling unit groups) shall not be located closer than twenty-five (25) feet for atwo-story structure, nor thirty-feet (30) for a three story, or greater, structure. The proposed separation between the two story townhouse buildings is 25 feet. Thus, this LDR requirement has been met. Southwest Neighborhood Overlay District Development Standards: Pursuant to LDR Section 4.4.6(F)(3)(a), within the Southwest Neighborhood Overlay District, the following development standards apply to duplex and multi-family development (non townhouse buildings) which are being developed pursuant to the Family/Workforce Housing Ordinance: Standard _ Provided Minimum Building Setbacks ~ Front (Auburn Avenue) 15'0" 15'0" .-~,-~ erimeter . ~: '~ ~ Side Street (SW 13 Avenue) 15'0" 15'0"' F~` "~ ~ Side Street (SW 12 Avenue) 15'0" 17'10" ~~_; Side Street (SW 10 Street) 15'0" 16'5" y ~_~~_~ Side Interior (south property line) 15'0" 19'0" Side Interior (north property line) 15'0" 15'3" Rear (east property line) 10'0" 18'2" As noted above, the proposed development meets or exceeds the perimeter setback requirements for all condominium and townhouse building except the setback required from the internal access tract for townhouse building TH-2. Building Setbacks -Internal Access Tract Pursuant to LDR Section 4.4.6 (F) (3) (a) the following set backs apply to multi-family development in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area (1) Front: 15' (2) Side (Street}: 15' (3) Side (Interior): 1 and 2 story 10' 3 story 15' (4) Rear: 10' Pursuant to LDR Section 4.3.3(O)(3)(b), setbacks interior to the project shall be measured from the platted street system. Building TH-2 does not meet the required building setbacks from the internal street system/access tract. For Building TH-2 the required side street setback (north side of the building) is 15' and 11' is provided; the require side street setback (south side of the 12 Planning and Zoning Board Stafti port, Meeting of August 20, 2007 Village Square -Conditional Use kequest building) is 15' and 4' is provided; the required front street setback (east side of the building) is 15 and 9' is provided. The applicant has requested an internal adjustment to reduce the building setbacks as follows: Internal adjustments for Building TH-2 to reduce the required side street setback (north side of the building) from 15' to 11'; the require side street setback (south side of the building) from 15' to 4'; the require front street setback (east side of the building) from 15 to 9'. All setbacks are measured from the proposed street system/access tract [LDR Section 4.4.6 (F) (3) (c)]. lnternal adjustment Analysis LDR Section 2.4.7 (C) Findings: Pursuant to LDR Section 2.4.7.(C)(5), concurrent with granting relief from a development standard or regulation, the granting body must make a finding that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior product will result. The applicant has provided the following justification for the internal adjustment request: "The following is a brief description of what we believe to be good cause to receive approval for the internal adjustment: • The "T"shape of the site makes it difficult to locate the buildings. • An internal street system that will receive mostly local traffic. • An interior looped road to enhance the community ambiance and aesthetics. • This design will minimize traffic speed and will promote a pedestrian friendly environment. • A development that provides great variety on the streetscape." The practical application of this requirement is to provide structures that do not appear overly massive or crowd the site on which they are located. The residential units contained within Building TH-2 are two-story in height. Also, the manner in which the building has been oriented will improve the streetscape and help to reduce any concerns of massing along the proposed interior street system. The "T" shape site does set some limitations for the design and location of the buildings and proposed improvements. The proposed sidewalk system and the variations provided in the front elevations will promote an attractive pedestrian friendly environment. The end units are offset eight feet from the center units this exceeds the minimum required (4') thereby providing greater variety on the streetscape. This additional offset helps provide a superior product. Consequently, a positive finding with respect to LDR Section 2.4.7(C) (5) can be made. Design Standards: As described below, the development proposal complies with the design standards for townhouse developments as outlined in LDR Sections 4.3.3(O)(4)(a) through (d): a) No more than two (2) townhouses may be constructed without providing a front setback of no less than four feet (4') offset front to rear. 13 Planning and Zoning Board Staff 1. ,,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request The purpose of this requirement is to prevent a long linear appearance. The proposed development contains six teen (16) town house buildings which provide variation in the front and rear elevations as well as the roof line. The units are offset between 4 and 5 feet front to back. Thus, this LDR requirement has been met. b) No townhouse row shall consist of more than 8 units or a length of 200'. The proposal consists of sixteen (16) town house buildings which range from 117' to 168' wide. There are six 6-unit buildings and ten 8-unit buildings. Thus, the proposed development meets this code requirement. c) Service features, garages, parking areas, and enfrances to dwelling unifs shall, whenever possible, be located on a side of the individual lof having access to the interior street Walkways should be designed to connect dwelling units with each other and connect each dwelling unif with common open space. A 5 foot concrete sidewalk is proposed along the interior street system and in-front of each building. This sidewalk system connects all the units with the tot lot area, exercise room, kid's zone, pool and cabana area and to the existing sidewalk along Auburn Avenue, SW 12th Avenue, SW 13th Avenue and SW 8th Street. Also, walkways have been proposed from the rear driveways to the entrance of the units; walkways are also proposed through the courtyards of the condominium buildings and along the lakes that eventually connect to the public sidewalk system. d) Not less than 25% of the total area, less water bodies, shall be usable open space, either for recreational or some other suitable purpose, public or private. The basis for this standard is to assure that larger residential developments provide adequate recreational amenities. A tot lot, club house, exercise room, kids zone, BBQ area, pool and cabana area are part of the amenities offered by this development. However, pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $166,000 will be required of this development for parks and recreation purposes prior to issuance of a building permit. It is noted, however, that three interconnected lakes with littoral planting are being proposed and that 33.2% of the balance of the site will be open space. Thus, the proposed development meets this code requirement. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Medium Density Residential (RM} zone district: Standard Provided Minimum Floor Area Two Bedroom Unit 900 sq. ft. 1,076 sq. ft. Three Bedroom Unit 1,250 sq. ft. 1,230 - 1,752 sq. ft. Maximum Lot Coverage 40% 26.46% :Minimum Open Space 25% 33.20% The table above indicates that the proposal complies with LDR Section 4.4.6(F)(3)(a) as it pertains to the Medium Density Residential (RM) zone district except for the three bedroom 14 Planning and Zoning Board Staff i . ,,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request units. Three bedroom units require a minimum area of 1,250 sq. ft. There are 90 condominium market rate units and 18 condominium workforce units that have only 1,230 sq. ft. Thus, it is attached as a condition of approval that floor plans for the condominium buildings be revised to comply with the minimum 1,250 sq. ft. required for three bedroom units. Recreational Amenities: Pursuant to LDR Section 4.4.6(H)(3), recreational areas shall be required for all new rental apartment developments; and of owner-occupied developments, which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playhelds are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than 25 units may be exempted from this standard, where it is determined by the approving body that it is not practical or feasible to comply. The Southwest Area Neighborhood Redevelopment Plan calls for the implementation of recreational facilities throughout the area where it is appropriate. The project is located in an urban environment and it is located approximately 70 yards south of Catherine Strong Park and approximately a mile south of Pompey park. Recreational opportunities for older children such as the community center and tennis center are located approximately a mile away from the proposed development. In addition, the proposed development has included a swimming pool, gathering room, kid's zone, BBQ pavilion area, exercise room, and a tot lot appropriate for toddlers. It is also noted, that a passive recreation area (three artificial lakes) is being proposed and that 32.55% (lakes excluded) of the site will be landscape/open space. Passive recreational courtyard walkways with street benches are proposed as an additional amenity along the lakes. Based upon the above, compliance with this code requirement has been achieved. Reduction of Pavement Width: Pursuant to LDR Section 6.1.2(C) (3) (a), the minimum paving width for an interior road is 24 feet; however the paving width of the interior roadway within the subject development proposal that runs along the townhouse units is only 22 feet. Therefore, the applicant has requested a waiver to reduce the minimum width. This reduction can only be supported if a prohibition of on- street parking is enforced throughout the community. The prohibition is to be addressed in the homeowners' documents. It is noted that pursuant to LDR Section 2.2.2(E) (6), the Planning and Zoning Board does not have the authority to grant a waiver to this requirement; therefore a recommendation to City Commission for the approval or denial of the waiver is requested of the Board. The following is an analysis of the waiver request: Waiver Analysis: Pursuant to LDR Section 2.4.7(6) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or 15 Planning and Zoning Board Staff +ort, Meeting of August 20, 2007 Village Square -Conditional Use Request (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. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The development proposal provides a 22 foot wide street for the portion of the internal street system that runs along the townhouse units. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width for other townhouse projects such as Highland Grove Estates, Gramercy Square, Village at Swinton Square, Atlantic Palms, Atlantic Grove and Legacy at Sherwood Forest. In this particular request, the twenty two feet wide road will provide adequate area for large emergency vehicles to navigate the road. However, the reduction can be supported subject to the condition that the Home Owner's Association documents contain a prohibition on the parking of vehicles within the street access tracts. Consequently, a positive finding with respect to LDR Section 2.4.7(B) (5) can be made. Parking Requirements: Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two (2) parking spaces per unit and one-half (0.5) spaces of guest parking per unit for the first 20 units, plus 0.3 guests spaces per unit for units 21 to 50 and 0.2 guest spaces for units 51 and above. Within townhouse developments, driveways may be used for guest parking, provided that such parking does not result in the space for one unit impeding access to a space of the other. Based on the above, the three hundred and thirty two (332) residential units development is required to provide seven hundred and forty (740) total parking spaces. The development proposal will provide a total seven hundred and forty (740) parking spaces. One hundred and thirty six (136) parking spaces are provided within 116 one and two-car garages, 136 parking spaces are provided in the driveways in front of the garages, 403 parking spaces within the parking lots of the condominium units, 18 parking spaces are provided as guest parking spaces along the interior street system throughout the development and 47 parallel parking spaces have been provided along SW 12th Avenue, SW 13th Avenue, and Auburn Avenue right-of-way. The proposed development has included a total of 16 handicap parking spaces while 15 handicap parking spaces are required. Pursuant to LDR Section 4.6.9(E)(2), where adequate right-of-way exists, construction of additional on-street parking spaces directly and wholly abutting the lot, or parcel, may be counted towards the off-street parking requirement of the lot or parcel it is intended to serve. Forty seven (47) on-street parking spaces are being provided. Fifteen (15) on-street parking spaces along SW 12th Avenue, 19 spaces along SW 13th Avenue, and 13 spaces along Auburn Avenue right-of-way. These on-street parking spaces can be counted towards the off- street parking requirement of the proposed development. Therefore, parking requirements have been met. Pursuant to LDR Section 4.6.9(D){2), provision for ingress and egress: each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except when the street is a 16 Planning and Zoning Board Staff F, .art, Meeting of August 20, 2007 Village Square -Conditional Use Request private street within a planned development and the street, at the location of the parking, has less than 200 ADT. The parking area of the condominium buildings does not provide an adequate maneuvering area so that a vehicle may be able to enter and exit the parking area in a forward manner. In addition, the proposed street, at the location of the parking, does exceed the 200 ADT threshold required in several areas, and thus, a waiver to this LDR requirement is being requested. The applicant has provided the following justification for the waiver request: "Even (hough our site plan exceeds the 200 ADT threshold and no adequate maneuvering area for the back-out spaces to access the street in forward manner is provided, the back-out spaces meet every other LDR requirement while providing for a superior product for fhe would be unit owners on the southwest side of the neighborhood. " "The condominium buildings affected by this section of the LDRs are townhouse type in character. The actual form of ownership of the units should not affect the requirement concerning the ingress or egress of the buildings. The intent of the code is met as this is a townhouse type development." Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. It is noted that short parking segments are proposed along each condominium building and two streets provide access to the buildings which mitigate the impact of the 336 trips per segment. The access provided conforms with the minimal aisle standards requirements, and thus, safety concerns are not a concern. Compliance with this requirement would require redesign of the development and the elimination of many of the recreation amenities. It is noted, that the passive recreation area formed by the three artificial lakes (at different grade levels) will be provided with street benches and small water cascades as an additional amenity. The provision of this high quality recreational space is a priority and it would be jeopardized if an alternative parking solution is designed. A balance should be kept between the LDR requirement and the increase in quality of life that will be provided by the passive recreation area formed by the three artificial lakes. By granting this waiver a superior product will be achieved for the would be unit owners in the Southwest Neighborhood Area. The granting of this waiver will not create an unsafe situation, significantly diminish the provision of public facilities, or adversely affect the neighboring area. The granting of this waiver will 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. Based on the above, positive findings can be made with respect LDR Section 2.4.7 (B)(5) to support the waiver request. 17 Planning and Zoning Board Staff ~ . sort, Meeting of August 20, 2007 Village Square -Conditional Use Request Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 740 parking spaces provided, a minimum of fifteen (15} parking spaces must be handicap accessible. The proposed development has included a total of 16 handicap parking spaces while 15 handicap parking spaces are required, and thus, this LDR requirement has been met. Other Items: Bus Shelter: Pursuant to Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach and will coordinate with Palm Tran to improve the system. A Palm Tran bus stop and bus shelter easement shall be provided along the east side of Auburn Avenue and is to be depicted on the site plan. Thus, a condition of approval is attached that a bus shelter easement(s) shall be provided on the east side of Auburn Avenue along with a bus shelter to be installed with the development. The City will provide the standard detail for the bus shelter. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes a trash compactor located at the northwest corner of the site to serve the condominium units while the townhouse units will have individual trash cans. The trash compactor area has been properly screened with an 8 foot high wall and a wood gate, and thus, this LDR requirement has been met Stacking Distance: Pursuant to LDR Section 4.6.9(D) (3) (c) (2), provisions must be made to provide for 100' of clear stacking in advance of all guardhouses or security gates. A guard house is proposed at the main entrance to the development along Auburn Avenue and a clear stacking distance of 100' has been provided. Thus, this LDR requirement has been met. Right-of-Way Dedication: Auburn Avenue: Pursuant to LDR Section 5.3.1(D) (2) and Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-way width for Auburn Avenue is 50'. The portion of Auburn Avenue within the Village Square property lines will have to be dedicated. In addition, a dedication of a five foot (5') wide sidewalk easement outside the 50' right-of-way will be required. Thus, a dedication of 50' and a five foot (5') wide sidewalk easement outside the 50' right-of-way for Auburn Avenue has been noted on the proposed development plans. Thus, it is attached as a condition of approval that the portion of Auburn Avenue between SW 18 Planning and Zoning Board Staff F, r~rt, Meeting of August 20, 2007 Village Square -Conditional Use Request 7"' Street and SW 8"' Street including a five foot (5') wide sidewalk right-of-way easement shall be dedicated and executed as part of the plat for the proposed development. SW 12"' Avenue: Pursuant to Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-way width for SW 12th Avenue is 50'. Pursuant to LDR Section 5.3.1 (D) (2) an 80' R-O-W for SW 12"' Avenue is required, except as otherwise provided in Table T-1 of the Transportation Element of the Comprehensive Plan. Table T-1 requires only 50' while 50' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedications in right-of-way width. The City Engineer and DSMG have reviewed this item and have determined that the current right-of-way width of 50' is sufficient for this section of SW 12~' Avenue. SW 8"' Street: Pursuant to LDR Section 5.3.1(D) (2) and Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-way width for 8"' Streets is 60' and 40' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or required dedication in right-of-way width. The City Engineer and DSMG have reviewed the current right-of-way width for this road and have determined that a 50' right-of-way is adequate requiring a five foot (5') dedication from this project for SW 8"' Street. Attached as a condition of approval is that a five foot (5') right-of-way shall be dedicated for SW 8`h Street and be executed as part of the platting process for the proposed development. In addition, the portion of right-of-way located between SW 13t`' Avenue and SW 12`h Avenue must be abandoned to accommodate this development proposal. This abandonment is being processed separately, and if approved no modification of this plans will be required. If the abandonment is denied a modification of the plans will be necessary. SW 13"' Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SW 13`h Avenue, is 60' and only 45' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedication in right-of-way width. The City Engineer and DSMG have reviewed the request for a reduction in right-of--way width and have determined that a five foot (5') dedication is required for the west side of SW 13`h Avenue and shall be noted on the proposed development plans as a condition of approval. Thus, it is attached as a condition of approval that a five foot (5') right-of-way shall be dedicated for the west side of SW 13"' Avenue and be executed as part of the plat for the proposed development. SW 10~' Street: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SW 10~' Street, is 80' and 120' of right- of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedication in right-of-way width. The City Engineer and DSMG have reviewed the current right-of-way width and have determined that a R-O-W of 100' would be retained for this section of SW 10"' Street. Lighting: Pursuant to LDR 4.6.8 (Lighting), site lighting must be provided. A site lighting and photometric plan has been provided to ensure compliance with LDR Section 4.6.8. One hundred and twenty nine (129) luminaries have been provided along the interior street system, condominium parking 19 Planning and Zoning Board Staff { art, Meeting of August 20, 2007 Village Square -Conditional Use Request lots, and the west side of SW 12th Avenue, east side of SW 13th Avenue and east side of Auburn Avenue. Additional wall mounted fixtures are depicted on the porches and driveways of the townhouse units as well as the condominium buildings. Details of the wall mounted light fixtures have been provided, and thus, this LDR requirement has been met. Bicycle Parking: Pursuant to LDR Section 4.6.9(C) (1) (c) and Transportation Element Policy D-2.2 of the Comprehensive Plan, bicycle parking facilities have been provided in close proximity to the pool/cabana recreational area, the tot lot, and south entry feature. In addition there will be a 5 space bike rack located in each breezeway of the condominium buildings for visitors and residents. However, it is anticipated that the occupants of the residential dwelling units will utilize their individual units for storage of their bicycles. Thus, this LDR requirement has been met. Auburn Avenue Left Turn Lane: Palm Beach County's requires an inbound left-turn lane where: ^ Daily volume on the adjacent roadway exceeds 10,000 trips per day; and ^ Driveway volume exceeds 1,000 trips per day; and ^ At least 75 inbound right turns or 30 left turns occur during the peak hour. The applicant has submitted a traffic impact statement that identifies the vehicular impacts on the existing driveways. The development will have access via two full access driveway connections, one from Auburn Avenue and the other from SW 13th Avenue. The generated trips (In/Out) for the A.M. Peak Hour will be 23/112 and for the P.M. Peak Hour will be 108/53. The proposed development will generate 2,324 trips per day. Out of the 2,324 trips per day that will be generated 1,557 will be generated on the most northern driveway entrance to the development located on the east side of Auburn Avenue. This volume of traffic exceeds the Palm Beach County requirement of 1,000 trips per day threshold justifying an inbound left-turn lane. As reflected in the Turning Movement Worksheet submitted by the applicant 43 left-turn P.M. Peak Hour trips will be coming into the development from the main access driveway on Auburn Avenue. This volume of traffic exceeds the Palm Beach County requirement of 30 left-turn trips per day. While the current volume of Auburn Avenue does not exceed 10,000 trips per day significant increase in daily volumes are anticipated with redevelopment of the area. Given this increase and the exceeding of the other two volume criteria this development should accommodate a south bound left turn lane (north entrance) into the development. Therefore, it is attached as a condition of approval that this be a required off site improvement. Underground Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect has been placed on the site plan. 20 Planning and Zoning Board Staff i ,rt, Meeting of August 20, 2007 Village Square -Conditional Use Request Plat: As the development proposal will require the combination of individual properties as well as right-of-way easements and dedications, a plat must be processed and recorded prior to issuance of a building permit; and thus, this is attached as a condition of approval. Visibility Triangles: Pursuant to LDR Section 4.6.14(A}, when an access way intersects a public rights-of-way or when the subject property abuts the intersection of two or more public right-of-way, triangular areas shall provide unobstructed cross-visibility. Visibility triangles have been depicted on the site plan and landscape plan and meet the LDR requirement. _T- _ __.. --- ~---T_.. ---- ;REVIEW BY OTHERS ~-~ Community Redevelopment Agency (CRA): At its meeting of August 9, 2007, the CRA reviewed the conditional use request and recommended approval of the conditional use request. Site Plan Review and Appearance Board: If the Conditional Use request is approved by the City Commission, a site plan application will be processed for 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: ^ Mr. Randy Hughes, Auburn Trace ^ Ms. Bunny Elrod, Progressive Residents of Delray (PROD) ^ Mr. Nick Simeus ^ Mr. Arthur Brown Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of support or objection will be presented at the Planning and Zoning Board meeting. ~~:'Y,r ~ x,~ ~~>- ',:~~` ASSESSME[~T.,4ND CONCLUSION` The development proposal to construct a three hundred and thirty two (332) unit residential development is consistent with the policies of the Comprehensive Plan. The development proposal also includes an internal adjustment and a waiver request for pavement widths reductions and provision of maneuvering area so that a vehicle may be able to enter and exit the parking area onto a street in a forward manner to which positive findings can be made with 21 Planning and Zoning Board Staff 1 . -ort, Meeting of August 20, 2007 Village Square -Conditional Use Request respect to each. Consistency with Chapter 3 and Section 2.4.5(F) (5) of the Land Development Regulations will be achieved provided the conditions of approval are addressed. The proposed three hundred and thirty two (332) unit townhouse development represents 18.04 units per acre. The development proposal is required to meet the development standards as listed in LDR Section 4.4.6(1) and applicable sections of the Workforce Housing Section 4.7. In conclusion, findings of substantial compliance can be made with regard to all performance standards (a), (b), (c), (d), (e), (f) and {g) listed in LDR Section 4.4.6(1) and the requirements of the RM zoning district will have been adequately addressed to support the proposed increase density of 18.04 units per acre. The development proposal includes the provision of 56 low and moderate income workforce dwellings units within the development in compliance with LDR Section 4.7 Family/Workforce Housing. Given the above, positive findings can be made with respect to both the Comprehensive Plan and all applicable LDR Sections and staff is recommending approval of the Conditional Use request. t ~`~'=(~ALTERNATIVE~ACTIONS '~" A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the waiver requests (pavement width and 200 ADT), internal adjustment request (required front and side street setbacks) and conditional use request to allow for a density increase to 18.04 dwelling units per acre for Village Square, 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), 4.4.6(I)[Performance Standards], Article 4.7 [Family/Workforce Housing] and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the waiver requests (pavement -width and 200 ADT), internal adjustment request (required front and side street setbacks) and conditional use request to allow for a density increase to 12.40 dwelling units per acre Village Square, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(E)(5), 4.4.6(I)[Performance Standards], Article 4.7 [Family/Workforce Housing] and Chapter 3 of the Land Development Regulations. ~ .~. , ~ ~. ~ ~;;~ ~ ,. w~RECOMN(ENDED'ACTI~N ~- By Separate Motions: Internal Adiustmenf LDR Section 2.4.7 (C): Move approval of the request for internal adjustment for Building TH-2 to reduce the required side street setback (north side of the building) from 15' to 11'; the require side street setback (south side of the building) from 15' to 4'; the require front street setback (east side of the building) from 15 to 9', all setbacks are measured from the proposed street system/access tract, 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 2.4.7(C) (5) of the Land Development Regulations. 22 Planning and Zoning Board Staff art, Meeting of August 20, 2007 Village Square -Conditional Use Request Waivers: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.2(C) (3) (a) to reduce the minimum pavement width of the interior roadway from 24 feet to 22 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8) (5) of the Land Development Regulations. Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.6.9 (D) (2) to waive the requirement that adequate maneuvering area shall be provided for a vehicle to enter and exit the parking area onto the street in a forward manner, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development Regulations. Conditional Use: Move a recommendation of approval to the City Commission for the conditional use request to allow for a density increase to 18.04 dwelling units per acre for Village Square, 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), 4.4.6(I)[Performance Standards], Article 4.7 [Family/Workforce Housing] and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted site plan and addresses the "Exhibit "A" -Technical Items and conditions of approval attached in the staff report; 2. That a plat must be processed and recorded prior to issuance of a building permit; 3. That the applicant provides a southbound left turn lane at the north entrance within Auburn Avenue; 4. That paver-block raised speed tables be provided along SW 12th Avenue and SW 13th Avenue as traffic calming devices; 5. That a bus shelter easement(s) shall be provided on the east side of Auburn Avenue and a bus shelter be installed. The City will provide detail on the bus shelter; 6. That the location of the 56 workforce housing units be clearly depicted within each building in the site plan; 7. That the workforce housing units are sold in accordance with Article 4.7.7; 8. That the portion of Aubum Avenue between SW 7th Street and SW 8th Street including a five foot (5') wide sidewalk easement shall be dedicated and executed as part of the plat for the proposed development; 9. That a five foot (5') right-of-way dedication is required for the south side of SW 8th Street and shall be noted on the proposed development plans and be executed as part of the platting process for the proposed development; 23 Planning and Zoning Board Staff , art, Meeting of August 20, 2007 Village Square -Conditional Use Request 10. That the portion of right-of-way for SW 8~' Street located between SW 13~' Avenue and SW 12th Avenue shall be abandoned or the site plan modify accordingly; 11. That a five foot (5') right-of-way dedication is required for the west side of SW 13th Street and shall be noted on the proposed development plans and be executed as part of the plat for the proposed development; 12. That the Home Owner's Association documents contain a prohibition on the parking of vehicles within the interior street system and that a copy of such document be provided to the City; 13. That the terms of resale of the workforce housing units be included in the deed or restrictive covenant consistent with workforce requirements of LDR Section 4.7 and recorded in the Public Records of Palm Beach County; 14. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices; 15. That no amendments to the covenants shall be made unless by written instrument approved by the City; 16. That floor plans for the condominium buildings shall be revised to comply with the minimum area of 1,250 sq. ft. required for three bedroom units and that the footprints for the condominium buildings shall be revised in the site plan and landscape plan; 17. That no lot premiums be charged on the workforce housing units and that all workforce housing units shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliance with market rate units and provide them as standard features; and 18. That a composite utility plan be provided with the site plan application. Report prepared by: Estelio Breto, Senior Planner Attachments: ^ Exhibit "A", Site Plan ^ Landscape Plan ^ Elevations, Engineering Plans ^ Location Map 24 Planning and Zoning Board Staff F, art, Meeting of August 20, 2007 Village Square -Conditional Use Request r,~ ~, ti ~,. ,b v- s f~ ;4'"*'~ s c s ~ c'. + i ,, '~t~ _ "~ ~ .ibdr?~ ~ h', ~~,:~~ ~ ~ `~~, ~~~ Y ~~ ~ ~'. ~~~=TE ~HN CAL ITEIUIS'' ~ t~ ~ F Preliminary Engineering Technical Comments: 1. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 (A), (B) and (D). Existing grades should be taken approximately 10-feet outside all subject property lines for all adjacent properties. Survey shall provide sufficient information to determine historical drainage pattern. 2. The survey, site plan, landscaping plan and preliminary engineering plan shall be at the same scale per LDR Section 2.4.3 (B) (1). All plans shall be drawn on 24" x 36" sheets and at a scale of 1" = 10', 1" x 20' or 1" x 30'. 3. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. See LDR Section 2.4.3 (D) (4) and (7). 4. Clearly dimension driveway width. Maximum driveway width of driveway is 24 feet. 5. Provide bus shelter easement(s) and install bus shelter. City will provide detail on bus shelter. 6. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles should be indicated on landscape and engineering plans. Provide copy of the approved landscape plans. Per Section 4.6.14 of LDRs, any landscaping in the site triangle °shall provide unobstructed cross-visibility at a level between 3-feet and 6-feet" this includes tree trunks. 7. Proposed water main should be looped. 8. Minimum size of water main in City of Delray Beach is 8-inches. Material of proposed water main is to be Ductile Iron Pipe or C-900. 9. Indicate location of irrigation water meters {east of I-95 only) on engineering plans. 10. Provide exclusive 12-feet water and sewer easements over water and sewer mains. 11. A clean-out will be required on the proposed sewer service at the right-of-way line and/or easement line. Provide on the detail sheet City of Delray Beach Standard Detail. Multiple sewer service cleanout connections are not allowed, only double service connections, see City of Delray Beach Standard Detail WW.4.1. 12. Provide the following note on both the Engineering Plans and the Landscape Plans that, uany trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. 13. Show all easements on Landscape Plans. 14. Developer to ensure that no landscaping is planted over any exfiltration trenches. 25 Planning and Zoning Board Staff art, Meeting of August 20, 2007 Village Square -Conditional Use Rryuest 15. A minimum 10-feet general utility easement is to be provided through the properly. 16. Provide location of proposed street lights and address responsibility for installation and maintenance per LDR 2.4.3 (D) (6). 17. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the City of Delray Beach Engineering Department, 434 S Swinton Ave., Delray Beach, FL 33444. 18. Final Engineering comments will be generated after submittal of final engineering plans and must be satisfied prior to obtaining a building permit. 26 /~~ D N 'p ~ ~ ~ ~ ~y g + '31 x % G ~< Ey F E ~ r N ~ °z I I Z ~ O 2 p .li r^ .b D~ ~i~ c ~ ~ ~ `s o VILLAGE SQUARE - ss`°• a Vl b ~ ^' ~ ~ ~'~ . g o DELRAY BEACH, FLORIDA <.ao; [:ts ^Gt4: n , _• ~ N 9r ~ i Y fi AUBURN GROUP ~ S n ` ~' ~ a ~ *~ ~8~~ Y~ ' ~ , Z ~ S ~ ~ 1101 S. W. IOTH AVENUE, BLDC1 (€ > ~ ~ ~~~" ~ ~ ~ C e c k f DELRAY BEACH, FLORIDA //^~ ~ b ~~ ns~ ~ ~ ~ ~ ~ ~ VILLAGE SQUARE .' ;, rs~^ ~ ~ VJ ~ ~ ~ E[a `~~ DELRAY BEACH, FLORIDA ~r~A'4~~s ~`~- is 17 - a y e ~p ~ m AUBURN GROUP 7 ~~~ '''-F+ ~9~~g ~++'~ , 'z [^ a a ~ 1301 S. 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BACKGROUND: Kentucky Fried Chicken is one of five individual parcels on Linton Blvd that make up the "DBO Acres" along with Taco Bell, Wendy's, Arby's and Tire Kingdom. The Site Plan Review and Appearance Board established a unified Master Sign Program on January 12, 1993, allowing each business one flat wall sign facing north, and the restaurants one free-standing menu board and directional signs. On July 25, 2007, the applicant requested consideration for an exception to the Master Sign Criteria before SPRAB, to allow three walls signs: channel letters on the east elevation, and a logo which is a rendering of Colonel Sanders to be placed on the north and west tower feature, proposed to be 7' 1 '/a" high by 5' 3" in length (37.17-SF). Staff recommended maintaining the Master Sign Program for wall signs to one facing north and to reduce the proposed wall sign to match the width of the window below, to 5' 3" high by 4' 6" in length (26.23-SF). The SPRAB members voted 6-0 supporting staff's recommendation. The applicant is appealing SPRAB'S decision to reduce the size of the sign because the board has elected to limit the number of wall signs to one. Thus, the request is to approve the original sign size proposed at 7' 1" x 5' 3". FUNDING SOURCE: None required RECOMMENDATION: Staff is recommending the City Commission deny the appeal and require compliance to SPRAB's decision for this project site. AH'A Chicken, Inc. Juan Gavilan Kentucky Fried Chicken 1445 North Congress Ave, Suite 9 Delray Beach, Florida 33445 Telephone number: (561)274-4161 Movil phone number: (561)503-1294 August 1st, 2007 Chevelle D. Nubin City Clerk City of Delray Beach Planning and Zoning Department Dear Chevelle D. Nubin: ~~~~ I~~ AU~3 ~ ~,. ~~~ ~~~ 1445 North Congress Avenue, Suite 9 Delray Beach, FL 33445 561 274 4161 Fax 561 265 3848 I am writing to request that you appeal the SPRAB's decision for an exception to the master sign program at the Kentucky Fried Chicken on Linton Blvd. in Delray Beach. On July 25th, I was denied exception to the master sign program based on the fact that it might set new precedence to other neighboring restaurants. I would appreciate if you would take a second look at our request. The Site Plan Review & Appearance Board decided that the restaurant signs should be equal in size to that of the adjacent windows in order to maintain the aesthetics of the building. Given that fact that we are only permitted one sign, we wish to be permitted for sign's with the following dimensions 7' 1" by 5'3" . Thank you, /~d- °`- t Juan Gavilan Attachment: Minutes from the Site Plan Review & Appearance Board's July 25th, 07 Meeting JAHA Chicken, Inc. is a franchisee of KFC Corporation i Il ~, .; t ~.~. r r~ II. APPROVAL OF MINUTES DRAFT It was moved by Mr. Gregory, seconded by Mr. Ames to approve the Minutes of the Regular meeting of June 27, 2007. Said motion passed with a 6 to 0 vote. III. SIGN S A. Kentucky Fried Chicken; 360 Linton Boulevard; Exceation to the Master Sion Plan, Don MacLaren and Juan Carcache, Authorized Agents. Ms. Andrea Strohmer, Plan Review Technician, stated she would be representing the City's position regarding the sign on the Agenda. The applicant is requesting an exception to the Master Sign Program for DBO Acres established by the Board on January 12, 1993. Kentucky Fried Chicken is located at 360 Linton Boulevard and they are requesting additional flat wall signs. Ms. Strohmer said she would like to enter the file into the record. The Master Sign Program, pursuant to Section 4.6.7 (F)(2)(b) of the LDR's provides for the automatic granting of waivers through the SPRAB's approval process. The process is to be used when a development or a project is a such a scale or character that the normal application of the sign code will not result in an effective sign program. However, the Master Sign Program provides that the intent of the sign code be maintained and the character of the community not be diminished. DBO Acres comprises of five individual parcels on Linton Boulevard between Dixie Highway on the east and S.W. 4`h Avenue. Each business, therefore, is allowed one flat wall sign to face a dedicated street frontage per LDR Section 4.6.7(E)(7). Kentucky Fried Chicken was the first restaurant to be built and the Board approved their sign package on June 27, 1990 to have one flat wall sign with individual channel letters on a raceway that matched the color of the building placed above the windows facing north on Linton Boulevard. The Board also approved one free standing sign, a menu board and a directional sign. On December 2, 1992 the Board deferred action on the proposed free standing signs for DBO acres and requested that the applicant return with the master sign program to include all the tenants and all wall signs as well as free standing signs for the restaurants that were coming, and Tire Kingdom. Therefore, on January 12, 1993 the Board reviewed the final four businesses and created a uniform master sign program for the four remaining parcels, ranging from 220 through 280 Linton Boulevard. Each restaurant, "Wendy's", "Taco Bell" and "Arby's" were approved to have one wall sign facing north to Linton, one menu board and directional signs. "Tire Kingdom" was on the corner of Linton and Dixie Blvd. was approved by the Board to have a free standing sign and two wall signs, one each facing a dedicated street frontage. This evening, Kentucky Fried Chicken is requesting the Board consider approving three wall signs. One sign is proposed on the east to be 2'6" high by 9' in length, that's 22.5 square feet and, on the screen, it's the sign in the middle. It will have individual illuminated flush-mounted channel letters with red faces and will read the initials ~~KFC" which is their trademark. Two identical logos are proposed to be placed on the north and the west elevation. Each will be 7'1 ~/a" high by 5' 3" in length (37.17 sq. ft.). They are internally illuminated cabinets with a photo of the Colonel in red, white and blue on a white background and will be placed on the tower feature above the window. Staff recommends limiting the wall signs for Kentucky Fried Chicken to one facing Linton Boulevard to maintain the unified sign program established by the Board for consistency with the other three restaurants. Staff also feels a cabinet sign of 'The Colonel" should be reduced in width to match the window. If I can direct you to the screen and also to the first page of the color layout in the Staff report, you'll see that the applicant has shown what the reduced sign would look like. This is 4' 6" in width which is approximately the width of the window below and Staff is recommending that the Board approve this reduced sign for the North elevation. Chairman Aguila asked Ms. Strohmer if "The Colonel's mug" (as shown on the color layout) is the same width as the windows that are below the cabinet. She replied that this statement was correct, but that the applicant is proposing a larger sign. It was reconfirmed that the size of the sign shown on the color layout is the one the Staff would like to see approved. Auulicant's Presentation Ms. Strohmer asked if the applicant and agent were present and Mr. Juan Carcache stated he is an engineer with CKE who will be presenting on behalf of the applicant. As Mr. Carcache arrived late, he had not been sworn in and this was done before he addressed the Board. Mr. Carcache presented some slides and explained that the sign as shown on the slide was the original proposal of five foot by eight foot. He stated they are now requesting approval of the signs in a size of five foot, eight inches by seven foot, four inches to satisfy Staff's request for a reduction in size. He said that Ms. Strohmer had requested that the width of the sign be reduced to match the width of the windows. Mr. Carcache also stated that the "KFC" letters were standard sizes. He stated originally they had proposed a larger sign and that is what they would really like to see approved, perhaps a combination of the logo sign on the tower and the smaller letters on the side of the building. Mr. Juan Gavilan, owner of the Linton Boulevard Kentucky Fried Chicken, then addressed the Board and presented them with pictures of "Polio Tropical" and the new "McDonald's" at Federal and Linton, stating each has signs on both sides of the building. He stated he didn't mind getting rid of the "KFC" letters as long as he could have logo of "The Colonel" on both sides of the tower. He again stated that "Polio Tropical" and "McDonald's" both have their signage that way and "Tire Kingdom" has their signs on both sides of the corner. He stated if they could have the logos on both sides of the building, they would be willing to get rid of the "KFC" letters. PUBLIC REBUTTAL Mr. James Storm then addressed the Board and stated he was the original architect on the KFC project and he said it was the first restaurant to be built on Linton, that "McDonald's" was the only other one in the area at that time. He said that the look of Linton has changed considerably since that time and, as stated by Mr. Gavilan, a lot of the other restaurants, "Panera Bread", "McDonald's" and "Polio Tropical" all have signs similar to what is being proposed. He also stated that the new corporate image of KFC has changed and that the new tower look without the image on both sides looks a little funny and unbalanced and he would ask for the Board's consideration of the proposal. BOARD DISCUSSION Chairman Aguila asked if anyone had any questions of the applicants and/or Staff. • Mr. Gregory (?-'''`16:30) asked if there were any perspective photographs from a distance of the site. Mr. replied that he had some but Mr. Gregory said that he had wanted to see some from further away. • ' (Speaker?) stated that, on the east elevation as shown in the packet, the dimension of the KFC sign is 72" by 20" but the same sign on the slide is much, much smaller. Chairman Aguila replied that he believed the one shown in the packet was the larger size originally requested. Mr. Carcache replied that the one shown on the slide depicted the smaller size now requested. • (Speaker) pointed out that "Polio Tropical" and "Tire Kingdom" both have two major streets in front of them which are Linton Boulevard and a side street (you could stretch "Tire Kingdom" as having Dixie Highway across the railroad tracks). "McDonald's" is the only one that doesn't fit in there, and also "Polio Tropical" because it really has a side street entrance so you do have, almost, a precedence there. My personal recommendation would be to eliminate the letters and go with the two logos on the tower. • Mr. Gregory stated that he had driven by the site and stated that the whole site, from when it was originally approved, was very heavily landscaped so that the free standing signs were really prominent and KFC had the largest free standing sign. "McDonald's" does have acut-through which is a dedicated street that splits the two shopping centers. "Polio Tropical" also is on two streets. Before the landscaping was like a solid wall but now has "slots" you can see through. He said that he personally didn't have a problem with having the logo on the front of the building. We kind of set a precedent once we start doing it and all of the others will all ask for it in the future. He felt the best thing to do would be to have the KFC logo on the front of the building since it faces the street. The other side would be blocked by the landscape canopy. He would recommend the smaller logo that matched the size of the window between the two light fixtures on the north elevation, facing Linton Boulevard, eliminating the second logo. • Chairman Aguila stated he felt signage on the east elevation would not be seen and would be a waste of money and that he felt the sign should be no wider than the width of the window. MOTION/FINDINGS It was moved by Mr. Gregory that the Board approve the sign program, subject to the following conditions: That the smaller KFC letters be placed on the north elevation and the logo of "The Colonel" be placed on the north elevation, only reduced to the size of the window. Mr. Shutt asked to make some comments regarding the above motion. He stated that what was being suggested is something that the applicant hadn't presented before the Board. He stated that the motion might need to be amended to having the picture of "The Colonel" only on the tower and, if they want, they can put the KFC letters on the north elevations as well. Chair Aguila asked the applicant how they felt about putting the KFC letters between the two light fixtures above the two windows facing north and having the smaller of the two versions of the portrait of "The Colonel" on the north elevation only. Mr. Gavilan stated he still wanted to have the logo on both the north and west towers but he felt it was redundant to have both the picture and the letters on the same elevation. Mr. Gregory stated he would amend his motion to eliminate the KFC letters and to allow the Colonel Sander's logo on the north elevation in the proportions and sizes recommended by staff. Mr. Ames seconded the motion and Chairman Aguila clarified it to allow only the Colonel Sander's portrait logo to be placed on the tower of the north elevation in the proportions recommended by staff and no other signs to be permitted. Mr. Gavilan suggested that they put the KFC letters on the west side of the tower, with the logo only on the north. • Chairman Aguila stated there was a motion and a second to put one sign only on the north elevation, a portrait of "The Colonel" above the window proportionate to staff's recommendation. Said motion passed with a 6 to 0 vote. IV. MISCELLANEOUS A. Sanderson Buildin4 Candi Jefferson, Senior Planner (entered....) handed out the proposed changes, materials and color samples. The submittal is for the Sanderson Building located at 636 East Atlantic Avenue. The proposal includes: • Changing the black storefront awnings to green • Changing the black Bahama shutters to white Ms. Jefferson stated that Staff had reviewed the request and recommended approval. Aoulicant's Presentation Mr. Don Day of Delray Awning stated that was one additional change. He advised that the prospective buyer for this building had requested the change as he felt the black was too dated. Mr. MacLaren stated that the shutters would actually be a light beige, rather than white. The Board members indicated they liked the proposed change, with one dissenting. MOTION/FINDINGS It was moved by Mr. Gregory, seconded by Mr. Ames, to approve the color changes as submitted in the meeting, with the shutters being light beige. Said motion passed with a 6 to 0 vote. B. Shore Beach Bar Ms. Jefferson, Senior Planner (entered....) passed out materials for the proposed color change and stated materials and color samples were available for review by the Board. She stated the Shore Beach Bar is located at Six South Ocean Boulevard and the request is associated with changing the mint green storefront awnings to sage green. Ms. Jefferson advised the Board that samples were available of faux tone representing the existing color and actual samples of the proposed color. Staff recommended approval of this request. Aoolicant's Presentation AGENDA ITEM NUMBER: AGENDA REQUEST Date: 8/31 /2007 Request to be placed on: Consent Agenda X Regular Agenda Workshop Agenda When: 914/2007 City Commission consideration of an appeal decision made by the Site Plan Review and Appearance Board on July 25 2007 to reduce the size of the wall sign for the north elevation pursuant to the request by the agent for the owner of Kentucky Fried Chicken, 360 Linton Blvd. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO Recommendation: Department Head Signature: ~ " Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes _ Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda Hold Until: Agenda Coordinator Review: Received: No Yes ~ No Action: Approved: Disapproved: P.O. # MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~U/ ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: AUGUST 29, 2007 SUBJECT: AGENDA ITEM # ~• ~ -REGULAR MEETING OF SEPTEMBER 4, 2007 APPROVAL AMENDED SPECIAL EVENT POLICES & PROCEDURES ITEM BEFORE COMMISSION City Commission is requested to approve the amended Special event Polices and Procedures with an effective date of October 1, 2007. BACKGROUND Attached is a copy of the amended Special Event Polices and Procedures as reviewed with Commission at last week's workshop. The Polices and Procedures incorporate the changes requested by City Commission. Once approved, staff will notify by letter each event producer of the changes and provide them a copy of the new Special Event Policies and Procedures and the amended Event Permit Application. RECOMMENDATION Staff recommends approval of the amended Special Event Polices and Procedures as presented. RAB/db Attachment U:lwwdatalAgendalP.genda Item Approval Amended Special Event Policies & Procedures.doc SPECIAL EVENTS POLICIES & PROCEDURES I. II. Definitions A) Special Event - A special event is anon-routine happening or social activity bringing a large .number of people together in a defined area on City facilities, right of way, or private property which requires City services to ensure safety and coordination. Special events include activities such as festivals, concerts, sporting events, parades, walks and runs, etc. This definition does not apply to events held at the Tennis Center, which require a separate contract. B) Producer - An organization that is responsible for all aspects of an event or performance (advertising, marketing, talent costs, insurance, hold harmless agreement, etc.) and is responsible for all revenue and expenses for that event. C) Sponsor - A business, organization, agency or .individual who gives cash or in- kind product or service to support a producer of an event or production by agreement, for the benefit of that agency, business, organization or person. Tvpes of Events A) Maior Event - An event of one or more day duration with a cost of over $12,000 for City services, staff overtime and equipment use. B) Intermediate Event - An event of one or more day duration with a cost of between $1,000 and $12,000 for City services, staff overtime, and equipment use. C) Minor Event - An event of one day or less duration, with a cost of under $1,000 for City services, staff overtime and use of equipment. III. General Policies A) Event producers are required to obtain all City, State, County and Health Department permits, licenses and/or inspections as may be needed. B) Event producers are responsible for submitting in writing permission as may be required from other governmental agencies, private property owners, and designated managers of City property including Old School Square for use of their sites for an event. C) Event producers are primarily responsible for event promotion, marketing and advertising. City assistance may be provided through its Public Information Officer, web page and other printed publications. D) Only one major event will be allowed per month. One additional major event will be allowed if held in the Tennis Center. E) A major and intermediate event will not be allowed on the same day. F) No more than two (2) intermediate events will be allowed within the same week when total costs exceed $12,000. G) Multiple day events will not be allowed more than two (2) weekends in a row. H) City staff will assist in obtaining parking lot use agreements from the County and CRA as may be needed. I) Event producers or their contractors are required to submit required certificates of insurance, to include liquor liability when applicable, hold harmless agreements, and any required cash bonds to the City at least one week before the event. IV. Submittal Requirement A) Maximum Lead Time -Event applications and back up material can be submitted no earlier than one (1) year prior to the event. B) Minimum Submittal Time - • Maior Event -Initial requests including permit application and all back up material, must be submitted to the City Manager or his designee at least 120 days prior to the event. • Intermediate Event -Initial requests including permit application and all back up material must be submitted to the City Manager or his designee at least 90 days before the event. • Minor Event -Initial requests including permit application and all back up material must be submitted to the City Manager or his designee at least 45 days prior to the event. C) Event submittals may require (based on the type and- the size of the event) the following: • Budget • Site plan • Parking plan • Traffic plan • Private security plan • Alcohol control plan • Police security plan • Pyrotechnic permit submittals shall be submitted to the Fire-Rescue Department at least 30 days prior to the scheduled display. • Certificate of Liability Insurance, minimum of $1,000,000 and the City named as certificate holder/additional insured U:\wwdatalCreative City Collabrative Committeelspecial Event Policy and Procedure Final 8.29.07.doc 2 • Alcohol Liability Insurance • Hold Harmless Agreement • Maintenance/clean up plan • Entertainment schedule • Load in and take down schedule All events shall be subject to compliance with Chapter 99 of the City's Code of Ordinances entitled "Noise Control." D) Event staffing Police -police or other trained non-sworn personnel may be required • at the discretion of the Chief of Police or his/her designee based upon projected attendance numbers, type of event, traffic/pedestrian concerns, geographic location and site layout. • Mandatory police personnel are required for events where alcohol is served or sold by the event producer, event vendor, or other businesses within the event foot print. Fire -mandatory staffing may be required as determined by the Fire Chief or his/her designee in consultation with the City Manager or his designee normally when the total estimated crowd at anyone time in the venue area exceeds 2,500 people. However, staffing requirements must take into account venue risks, type of activity, and other safety considerations in addition to the size of the event. If the Police/Fire Department determines that there is no undue risk to public safety, then Police/Fire staffing of the event is not necessary. Event producers may through agreement with the Police Department, substitute or add whenever possible private security for certified police officers. Event producers may also with City approval, substitute other tasks generally performed by the City with volunteers or private contractors, such as trash clean up. E) Minor events will be approved or disapproved at the staff level; all other events will be approved by the City Commission. V. Event Payment for City Services Event producers will be required to pay for costs incurred by the City per the following schedule. Event producers are also required to pay full costs for any equipment or supplies that the City may be required. to rent or purchase for the event. These may include but are not limited to generators, portable light towers, barricades, trash boxes, tables, chairs and tents. Producers are also required to pay the full rental cost of the large City stage. Non-profit and charitable organizations are defined as those with a SOlc(3), c(4), c(6), c(10) and c(19) designation. All other producers not designated by the City as U:lwwdatalCreative City Collabrative Committee\Special Event Policy and Procedure Fina18.29.07.doc non-profit/charitable will be considered as private producers. In order to be considered as anon-profit under one of the categories above, the event producer must have the IRS designation by the time of the event and prior year audit if available. A) City sponsored or co-sponsored event - No charges for City costs. Aa) Events produced by Old School Square and the Downtown Marketing Cooperative -first $1,000 no charge, then. 35% of costs not including regular time. B) Privately Produced Events -Charge schedule will take effect as of October 1, 2007. Privately produced events are required to pay 100% of all City costs, not including regular time, to include but not be limited to overtime costs and fringe benefits. C) Non-Profit/Charitable Organization Produced Events Charge schedule will take effect as of October 1, 2007. Minor Event • 50% of total City costs Intermediate and Manor Events • Charge schedule will take effect as of October 1, 2007 • First $1,000 of costs waived; balance charged at 65% not including regular staff time D) New Events Any new event proposed to be held after October 1, 2007 will be charged 100% of all City costs. (Does not apply to events produced by Old School Square or the Downtown Marketing Cooperative.) E) Out of City Sponsored Events Events produced by an organization located outside the City of Delray Beach will be required to pay 100% of all City costs except regular time after October 1, 2007. Outside of the City will be defined as location of IRS approval. Local not for profit may not act as presenting agent or organization, F) Permit Fees Event processing permit fees will be charged as follows: • Minor event $ 75.00 • Intermediate Event $150.00 • Major Event $250.00 • Permit fee due at time of application submittal. U:\wwdatalCreative City Collabrative Committee\Special Event Policy and Procedure Fina18.29.07.doc 4 Above payment structure does not include charges that may be contracted for use of Old School Square or Tennis Center. Charges specified in contracts for these sites may be different from and/or in addition to the above schedule. Event producers are required to pay full costs for any equipment or supplies that the City may be required to rent or purchase for the event. These may include but are not limited to generators, portable light towers, barricades, trash boxes, tables, chairs and tents. Producers are also required to pay the full rental cost of the large City stage. VI. Parkin A) Reserved Parking: Event producers may request use of City owned surface lots for reserved parking. Requests need to be in writing and/or on the site plan included in the event permit package. B) Paid Parking: The City at it's discretion will determine based on event impact whether or not it (City) will charge for parking in City owned parking garages, City owned surface lots and in the County Parking Garage. Revenue from said parking will be retained by the City to offset operating costs of parking lots. C) Community Redevelopment Agency Parking Lots: Requests to use parking lots owned by the Delray Beach Community Redevelopment Agency for reserved parking or paid parking are to be made in writing to Delray Beach Community Redevelopment Agency, 20 North Swinton Avenue, Delray Beach, FL 33444. D) Palm Beach County/South County Court House Parking Garage: By agreement with Palm Beach County, the City of Delray Beach, the Delray Beach Public Library or the Delray Beach Community Redevelopment Agency may request use of the South County Court House Parking Garage for paid or -free parking. The County requires both the approval of the City and Library for its use. The County requires that this lot be manned by a professional parking management company that is bonded or by the City if manned by a certified Police Officer. Any requests to utilize this garage must be made to the City and the Library. Palm Beach County_does not allow the use of this garage during normal courthouse operating hours and requires reservation of spaces after hours and weekends if their employees are working in the Court House. E) Delray Beach Public Library Surface Lot: Requests for use of this lot need to made directly to the Delray Beach Public Library, 100 West Atlantic Avenue, Delray Beach, FL 33445, with a copy to the City. VII. Neighborhood Block Parties Permit applications for neighborhood block parties will be reviewed by the City Manager or his designee. Consideration of approval will be based upon the following policies: U:\wwdatalCreative City Collabrative Committee\Special Event Policy and Procedure Final 8.29.07.doc 5 • Permit applications must be received in writing by the City Manager's Office at least 30 days prior to the event. • Permit applications must be submitted by the Homeowners Association or where there is no Homeowners Association by other individuals with a petition signed by 51 % of the homeowners who live on the block. • Approvals will only be given for a one (1) block area. • Consumption or sale of alcohol on City rights-of--way will not be permitted. • Structures other than barricades are not allowed in the City rights-of--way. • Homeowners Association will be required to pay all overtime costs that may be incurred. • Impacts due to other events will be considered in approval process. • Applications will not be approved for any activity past 10 p.m. • Approvals will not be given for individual homeowner sponsored parties or events. VIII. Permit denials may be appealed to the City Manager within twenty (20) days of the denial except for neighborhood block parties which may be appealed within five (5) days of the denial. The City Manager must render a written decision within five (5) business days thereafter for all events except for neighborhood block parties which shall require a written decision within two (2) business days. If the City Manager upholds the permit denial for an event, regardless of classification, then the applicant may appeal the City Manager's decision to the Circuit Court of Palm Beach County within thirty (30) days. A) Grounds for Denial of Permit Permit applications shall be reviewed by the Assistant City Manager or his/her designee within thirty (30) days of submission of the permit application. Permits may be denied for any of the following reasons: • The .application for permit (including any required attachments and submissions) is not fully completed and executed; • Submittal of permit application less than the minimum submittal day requirements per section III(J); • The applicant has not tendered the required application fee with the application or has not tendered the required user fee, indemnification agreement, insurance certificate, or security deposit within the times prescribed by the Assistant City Manager or his/her designee; • The application for permit contains a material falsehood or misrepresentation; • The applicant is legally incompetent to contract or to sue and be sued; • The applicant or person on whose behalf the application for permit was made has on prior occasions damaged municipal property within the City of Delray Beach and has not paid in full for such damage, or has other outstanding and unpaid debts to the City of Delray Beach; • A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior U:IwwdatalCreative City Collabrative Committeelspecial Event Policy and Procedure Final 8.29.07.doc 6 ,. ~ ..S applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular municipal property or part hereof; • The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the City of Delray Beach and previously scheduled for the same time and place; • The proposed use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, of City Employees or of the public; • The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City concerning the sale or offering of any goods or services; • The use or activity intended by the applicant is prohibited by law, by the City's Code of Ordinances or by these regulations. • The applicant has demonstrated unsatisfactory performance in the past. U:lwwdata\Creative City Collabrative Committee\Special Event Policy and Procedure Final 8.29.07.doc '] Message Rangel, Delores Page 1 of 1 From: Nancy Stewart [nancy@avenuecreative.com] Sent: Friday, August 31, 2007 7:38 AM To: Montague, Brenda; 'Woody McDufFe'; Ellis, Rita; Eliopoulos, Gary; Fetzer, Fred Cc: Barcinski, Robert; Smith, William Subject: SPECIAL EVENT POLICY SUGGESTIONS FOR REVIEW Importance: High Attachments: COMMISSION LTR-SPECIAL EVENTS POLICY.doc Good morning! We have prepared a letter for your review and consideration regarding next week's meeting on the city's Special Event Policy and Procedures. Thank you for the time each of you spent with me to share some of the ideas and suggestions. I will be available and would welcome the opportunity to answer further questions you may have on Tuesday night. I hope that we have been able to provide you a clear outline while trying to keep our correspondence brief. If you have any questions, please feel free to call me on my cell to discuss at 703-7028. Nancy Stewart Avenue Creative Group 223 NE 1st Avenue Delray Beach, FL 33444 (561) 274-4663 /Fax (561) 274-6129 www.avenuecreative.com 9th Annual Delray Beach Garlic Fest Feb. 8, 9 & 10, 2008 (561)279-0907 www . d b~ a r l i cfest. co m 11th Annual Firefighter & Paramedics Chili Cook-Off Oct 20, 2007 (561) 279-0907 www. iaff2928.com 2nd Annual Kindness Festival June 14, 2008 (561)279-0907 www. ki ndfest2007. com *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 8/31/2007 ~~~/ y ~~~ ARTS, INC. August 30, 2007 TO: Mayor Rita Ellis, Vice Mayor Fred Fetzer, Commissioners Gary Elioupoulos, Brenda Montague and Woodie McDuffy FROM: Delray Beach Arts, Inc., Nancy Stewart CC: Bob Barcinski We are all aware of the challenges that the city faces as a result of the property tax cuts mandated by the state legislature. Our concern is that any significant increase in costs for Special Events could result in their decline. The city is renowned for the numerous cultural festivals, activities, and special events that draw consumers from near and far to this celebrated "Village by the Sea." We believe that these events are one of the most important economic tools Downtown Delray Beach has to insure its prosperity! The decline or elimination of special events will have a definite negative impact on economic activity for businesses in the Downtown area. We address two subjects in this letter to you: The Special Events Policy & Procedure that you are considering at your next meeting, and the need for a single organization in the city (such as the Creative City Collaborative) to handle the complex nature of the special events. In a discussion at last months CCC meeting recommendations were made to remain together as a committee (even though no funding was available) and will be discussed further at the next meeting scheduled for October. One -The proposal for the City to take over parking in the city owned parking lots and garages for special events would have a negative effect on special events. It will result in an increase of city costs for labor, cash handling, development of city policy and procedures and add very little revenue to the city coffers while hurting the non-profit organizations that normally staff and run the parking concession at no cost to the city. At the last CCC meeting, parking was discussed and it was suggested that the city should look into charging for parking in garages from Thursday through Saturday year round and consider permitting events use of garage for continued fund-raising opportunities. Our second recommendation is to strike the policy regarding the number of major events vs. intermediate events permitted during the course of a month. We suggest that the city staff and city commission determine whether or not it is feasible to hold multiple events in one month and an event-by-event basis. Permission should be determined by the impact on city staff and service (based on outside services contracted to reduce city staffing, etc.) We've spent a significant amount of time meeting one-on-one with key organizations in the city in addition to city commissioners, the mayor, Old School Square, Pineapple Grove, downtown merchants, CRA and the police chief regarding our recommendations for special events. We feel that there is a need fora "single organization" (such as the Creative City Collaborative) to thread all events together and create standardization, collaboration, support and resource sharing to maximize their success and the economic benefits for the municipality as a whole. People that visit Delray Beach DO NOT know that events are run by private organizations. Their perception is that all events are "city ruri'. Our mission is to ensure that all events (large or small) conducted in the downtown district are properly produced, organized, promoted and successfully implemented. (In a discussion at last months CCC meeting recommendations were made to remain together as a committee (even though no funding was available) and will be discussed further at the next meeting scheduled for October.) Running an already established successful event business, we are willing to take on the challenge of "presenting creative ideas' to commission and/or the Creative City Collaborative in an effort the help ensure the survival and success of special events in Delray Beach. Some ideas that we have thus far are: - Resource sharing - Collaborate on services/rentals/sod replacement - Upgrade level of events - Marketing & Promotions - Cross promotion opportunities In closing, we are pleased that the city is revising the Special Events Policies & Procedures and hope that the city and the commission enforce the rules for all events in a judicious manner. 223 NE 1~` Avenue, Delray Beach, Florida 33444 (561)279-0907 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~°'=ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER c~" I DATE: AUGUST 24, 2007 SUBJECT: AGENDA ITEM # ~ ~~ -REGULAR MEETING OF SEPTEMBER 4 2007 SPECIAL EVENT REQUEST - 2 ANNUAL RUN FOR_MIRACLES ITEM BEFORE COMMISSION City Commission is requested to endorse the 2nd Annual Run for Miracles sponsored by the Milagro Center to be held on January 6, 2008 from 7:30 a.m. to approximately 10:30 a.m. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of A-1-A from Casurina to George Bush Boulevard and Anchor Park from 5:00 a.m. to approximately 10:30 a.m., and to authorize staff support for traffic control, barricading and clean up, use of half of small stage and waiver of parking meter fees for Sandoway, Ingraham and Anchor Park, as well as along Atlantic Avenue from Venetian to A-1-A from 8:00 a.m. until approximately 11:00 a.m. BACKGROUND Attached is a permit request received from Evan Shulte, a high school student on behalf of the Milagro Center, for this event along with an event map and budget. The event proceeds will benefit the Milagro Center. The estimated overtime cost for this event is $2985, stage rental $265 and barricade rental $150. Event sponsor will be required to pay the full amount for barricade rental and will be charged for overtime and stage rental based on the Special Event Policies and Procedures in effect at the time of event. Based on staff recommended event policy changes, this amount would be approximately $1,610. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, request for staff assistance, use of half of small stage, and waiver of the parking meter fees from 8:00 a.m. until 11:00 a.m. for Sandoway Park, Ingraham Park, Anchor Park and along Atlantic Avenue from Venetian to A-1-A conditional on the receipt of a Certification of Liability Insurance and an executed Hold Harmless Agreement. RAB/db Attachment U:lwwdata~Events~Run for MiracleslAgenda Item 2nd Annual Run for Miracles 1.6.08.doc R~C~t~£D City of Delray Beach .; ~x; Special Event Permit ~~ ; '~ Application 'L . y'~ PLEASE PRINT °~`"~~~ APR 0~4 2001 ~rIDMINISTRATIVE SERVICES 1993 2001 Event Approved/Denied Date of ApprovaUDenial Approved/Denied by ,1 Title 1. Event Name/Title: ~~~ ~n l~a~ ~ ~ !fir*l~ ~'s 2. Event Date(s): ~,~--~ - vent Time(s): 3. Event Sponsor/Producer: ~'~?.~A uU--f~~~ C~~~~ 4, Event Contact/Coordinator: a s~.~i 1~ e 5. Address: 3~a ~~ Ate. ire wo~L ~.~ ~- ~l~~ ~ ~ ~~ S.~~l/-~S~ 6. Telephone Number: Slob " ^ ~ Cellular Number: sb/ ~9 ~'~/~~ 7. E-mail Address: ~aa cl~i~e ~I I sro~'-k+ .~ ~'~ ~~ 8. Event Description:,~-~ ~ ~ '~~~~~~~ ~ , ~~(,t (If neighborhood block party, then please skip quesfions #90-35 and go to question #36) 9. Sponsor Category: (please check) City ^ Non-Profit/Charitable t>~Private ^ Co- Sponsor -Non-Profit/Private ^ (!f Non-profit attach proof of 501c(3), c(4), c B), c(10) or c(19)) 10. Event Location/Address: ~ (7 ~ ~ ~ t l ~' ~ `~ Site plan attached: yes no (Site plan required for entire event site) 12. Event budget attached: yes no (Required for all events) 13. Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 14. Event certificate of insurance attached: yes no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) 15. Playing of amplified music: yes no (Waiver required) 1G. Requesting Police assistance: yes no (Traffic controUsecurity) -- 7 ~ • rJVd 0 17. Will supplement with private security: yes no (lf yes, need plan attached) 18. Requesting Emergency Medical assistance: yes no 19. Requesting barricade assistance : yes / - - no 20. ~ Requesting trash removal/clean up assistance: yes no 21. Requesting trash boxes and liners: yes / no 22. Requesting stage use: yes /" no (If yes, check type) / over ~a' Small stage ^ Half small t L age no c arge s Large stage covered ^ stage ^ ,~ 23. Requesting signage : yes no Type: Event sign (4'x4'1 Directional signs Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) / ` 24. Food and beverage vendors: yes no ti/ If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event 25. Health Department approval: (see attached) yes no 26. Other vendors: yes no 27. Tents: yes no (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes no (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? yes no (Show on-site map) 30. Will there be fireworks or other pyrotechnics? yes no (!f yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? yes no~~ (If yes, contact Fire MarshaN) ~ 32. Will you be providing port-a-lets for the event? yes no (!f yes, locate on-site map. If no, indicate how you will handle restroom needs) ~ 33. Will there be a charge for the event? yes no (If yes, indicate ticket prices) /' 34. Is reserved parking requested? yes / no (!f yes, indicate locations} ~ ' ems w2.~~ °°S ~ .'~ 2 ~ ~---~ ~~ ~ ~ ~L~~ ~~r~ ~~ 35. hborhood Block Parties (Neighborhood block • Is event sponsored by the Homeowner's Association? yes no (If not, then individual(s) submitting permit application must also submit a petition signed by 57% of the homeowners who live on the block) • Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. ~~ Event ContractorlCoordinator Please print: .Ec~ ~~W ~~' ~' ~ 67 Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use Only .~ Date Received ~~y~o ~ Application fee received $ ~ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 2nd Annual Run For Miracles sudget T-shirts-$1200 timing-$1200 trophies-$400 insurance-5200 overtime-$500 barricades$200 tents-$200 printing and banner-$200 Total: $4100 +miscellaneous costs $4500 Expected Revenues $6000 untitled Page 1 •C.?~ a~ ~~~~Y ~~i~~ ~x C~~~~ ~oa~ k„ ~' ~' ~ es - ~ ~ a~gra ~ ~ ~ STAfLT'~Fi~/jSfi~ CT'~~A~ ~utia~~ ~L~A~;,v s l~'3'' //~1/E dF GavCa.~7~' FPJ~ Pot. . /9T NW ~Q.tILc'~. 4~r' .Cr~N(c,~J~ CU-=~Y R/V p -, r ~1JLE• ~ ;, Win:;; .5:~~ cad' N. oC~l.~/ 13[.YO, g ~.3 f3 iJ. ac:.~~ 9LYa. T~FLNR j{G~',ND : Lc~FTE12.. Os= 7~c,•i p u:tiY //. Dl~EAN ,(~LVG, AT ~E'G~ Busy BLVD. 33~7.~ /Vn/E c.l= C'c•.vG2..- %~ FPS. l~ai~'..ar'scv C.~2.~/P-2, ~ 1 ~E oZ ` ~-`t" F:z~,~-c ~UCST woG~ br- R~v~vu~y N, CC~n/ ~iLYD. /£3'~." SSE a~ CaNei~'r~ ~P1r f~ac.~ ~.v Pl~ol~fa'Y !a i/E ~3~ r~r~.ti/ 325 s 3 4-~ ~/, ~}~ (~ W rte, 1 `~ r ~~ '3 ~ 1 ~ ~ ~ -~'r2~. ~ Na~-r~ cDuc D~ Cfkdil ~~J2JNA IJ /7 LA,~jitNlLiNf) s20, li~~i ~ ~ 1~u• t~e~~s f~2~r-'mR~K acv JPtr~~~x3Y5 ~Y 'x/NL L,.. ry j;~ ~.~L ANA Nr3lG. ANO GABr"Z...~-..a• l,,s1 rTFi Y~L-7-LticL1 F~!-~l~l?. i _y ~~Jo. ~~ ~I~ ~ ~ /^ •1,~ C~v Ou:~N _ . Qzyfl• CcrVC~Z~' 0 n b ( li £- ,/ \ 5 ~ l L~ ~ a • -a ~~ . Q ~ ~~ :~ ~+ ~~~~ f ~Lv ~ C~~~~ ~ ~ .~ /~1L~ ~7 ~ ~C ~9L~1~ ~`~5 ~ ~ rZ-r , ~ ~~N~s~l s' ~ { s ~ 1~` i L A ~ Jr ~1Z 17 r3 : r ., .~. r ~r o id o i ~"S ~( /" C G ~~ ~~~T~~ ~~~~~~ J U L 2 6 2007 ADMiNISTRATl1/E SERVICES Mi~a~o Center 340 SW ixth Avenue Delrayy Beach, FL 33444 P~ione: 561-Z79-2970 fax: 561-279-2507 www. milagrocenter.or~ ~oard Members "cers Barry ha~Perin president Seabron A. Smith Vice president Jemmy L. Cohen vice president Mary Ann Knaus Secretary 'cers Laura pigello ~rian hinncrs ~~~en halPcrin Kurt ~j. Knaus Linda Late Sue Wec~cs )` xecutive Director Marto `ptiarani' f3elkin July 20, 2007 Dear Sir or Madam: On the behalf of the Milagro Center, I woald like to thank you for your anticipated support of the 2ntl annual Run For Miracles. Evan Schulte created this event and chose the Milagro Center as the recipient charitable organization. The interesting story of how this race began is described by Evan on the following page. The Milagro Center, anon profit, 501c3 corporation,-works exclusively with at-risk, disadvantaged children from the ages of five Through twelve. ~`~ x° ~'} ~a~. ;~;,:e: ~. ~ , Catherine J. DeMatto Director of Development C,ultivatin~ the young artists of tomorrow from today's at risk communities 3915 Laurelwood Lane Delray Beach; Ft 33445 I am contacting you; because I would like you to be the sponsor of the second annual Run For Miracles. My name is Evan Schulte and I am a 16 year old sophomore currently attending Atlantic Community High School. Last year I organized the 1st Annual Run for Miracles and it was a huge success. I had over 140 runners attend my race and raised over $3500 for my charity. 1 received a lot of recognition in my community having multiple articles in the paper, including the Delray Times the Palm Beach Post and the Sun Sentinel (Please email me for copies of-these articles at evanschulteCc~bellsouth.net) The Milagro Center was my charity; their mission statement is "The Milagro Center provides superior arts education to the children of Patm Beach County's most disadvantaged populations." The Center also provides tutoring to students and is an after-school program and full-time summer camp for children from kindergarten through fifth grade. For-more information on the Milagro Center; visit their site at www. m i lag roce nter. orsa. Run. For Miracles is a competitive race where athletes compete against each other in a 5k run. A 5k is 3.1 miles long and is a mix of speed and endurance. F became a_runner as a freshman when 1 joined my schools cross country team. I have loved to run ever since and because of my love for running t organized the annual race. The Milagro Center is an amazing program and- Run For Miracles is one of the few local races. I have received letters of appreciation, thanking me for establishing a local race, from many of the participants. In addition, it is beneficial to sponsor my race because your donation is tax deductible and it all goes to helping the underprivileged children of Palm Beach County.. All checks can be made out to the Milagro Center and sent to me at: Evan Schulte 3915 Laurehnrood Lane Delray Beach. Ff 33445 Thanks for your time and l hope to hearfrom you soon. Evan Schulte Rsce Director of Run for Miracles evanschulteEia~bellsouth,net (561) 699- 9413 Saonsorship Levels Platinum level 52000 The "Presenter" of the race Name on top of every piece of marketing material Name on top of T-shirts, registration forms, marketing posters Company banner at finish line or stage (company provides banner) Mentioned in press releases Mentioned as platinum sponsor Promotional items in race packets (company provides; business cards, coupons etc.) Gold Level 51500 Company name and logo on t-shirts, registration forms and marketing posters Company banner hanging from stage (company provides banner) Mentioned as gold- sponsor. Promotional item in race packet (company provided) 311ver Level $4000 Company name and logo on t-shirt registration forms and marketing posters Banner hanging from stage (company provides banner) Mentioned as silver sponsor ' .Promotional item in race packet (company provided) Bronze level X500 Company name and: logo orrt-shirt Promotional item in race packet (company provided) Mentioned as bronze sponsor Below 500 Mentioned-as sponsor Promotional item in race packet (company provided) 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. THROUGH: CITY MANAGER DATE: AUGUST 28, 2007 SUBJECT: AGENDA ITEM # ~ ' ~- REGULAR MEETING OF 04 SEP 2007 ECO ART INVITATIONAL PUBLIC ART ADVISORY BOARD (PAAB) CALL TO ARTISTS DEL IDA NEIGHBORHOOD PARK PROJECT # 2007-057 ITEM BEFORE COMMISSION This agenda item is for Commission approval to allow the Pubic Art Advisory Board to advertise a call to artists for an art project in the Del Ida Neighborhood Park. The proposed art will be ecologically and environmentally friendly. BACKGROUND Del Ida Park is a triangle shaped green area. The park is approximately 13,000 square feet and is bounded by North East 2"d Avenue, Dixie Highway and North East 6`" Street. The park has a central grassy open area with one large specimen Ficus tree and two Yellow Tabebuia trees. The ficus tree will be a focus for opportunity -possible relocation or refined pruning to ameliorate conflicts with the overhead electric lines. There will be a meeting with the Del Ida Neighborhood Association to present the maquettes, models of large format photo montage-renderings by the selected semi finalists. Ecologic or Environmental Artist and or Artist lead Teams will be asked to celebrate the unique South Florida ecosystems utilizing the landscape archetype of labyrinth as a creative starting point. FUNDING SOURCE The total cost will be $45,000.00. Funding is available in the Public Arts Program fund. RECOMMENDATION Staff recommends approval. Enc Cc City Clerk Agenda File File 2007-012 (E) U:\wwdata\agenda\Agenda Info 9.4.07\2,007-09-04 agenda memo ecoFINAL.DOC U ~O O U W ca c~ ti 0 0 N 0~0 N CITY OF DELRAY BEACH - ECO ART INVITATIONAL PUBLIC ART ADVISORY BOARD {PAAB} CALL TO ARTISTS DEL IDA NEIGHBORHOOD PARK Project # 2007-057 DEADLINE FOR ENTRY: 18 October 2007 Delray Beach invites qualified artists and or artist teams to submit proposals aimed at enhancing a Del Ida neighborhood park. The Eco Art may address social and political issues relating to the natural, built, and historic environment. The project may be site conditioned or site specific. Ecologic or Environmental Artist and or Artist lead Teams will be asked celebrate the unique. South Florida ecosystems utilizing the landscape archetype of labyrinth as a creative starting point. The PAAB encourages a creative, inviting meditative space involving a community friendly pedestrian experience. The project will also be viewed by roadway and air as this is a direct route to the historic downtown and the Pineapple Grove Arts District. Submitting Artists and Artist lead teams are encouraged to inspect the site prior to their submittals. PRD7ECT SUMMARY Del Ida Park is a triangle shaped green area. The park is approximately 13,000 square feet and is bounded by North East 2"d Avenue, Dixie Highway and North East 6~' Street. The park has a central grassy open area with one large specimen Ficus tree and two Yellow Tabebuia trees. The ficus tree will be a focus for opportunity -possible relocation or refined pruning to ameliorate conflicts with the overhead electric lines. There will be a meeting with the Del Ida Neighborhood Association to present the moquettes, models of large format photo montage-renderings by the selected semi f nalists. The selected artistJartist led team will oversee Del Ida community volunteers far the initial installation and to encourage ongoing volunteers for additional maintenance of the site. However, the artist shall be responsible far all work to be completed regardless of the number of volunteers, if any, that may or may not be present. The City Parks does the maintenance at present. The PAAB encourages self-sustainable elements; including but not limited to recyclable elements, site furnishings, evocative landscaping, sculptural elements, artful lighting and paving. Shoc~hotos r~fs~te and anode earth .rr~aps hire- Ftanda~ has them Project Title: Del Ida Neighborhood Park Total Project Budget; $4,f 000.00 Short List Honorariums of $450 each will be awarded to the short listed artists/artist lead teams. PROJECT BUDGET OVERVIEW The PAAB selected semi-finalists will receive a PAAB honorarium of $450.00 each to construct a project moquette, or scale made! and or large visual images of the work for a final presentation to the Del Ida neighborhood association liaisons, invited adjacent neighborhood, Public Art Board and City of Delray Beach Public Art project liason. The total contract amount to be awarded to the selected finalist shall not exceed $45,000. This contract amount is inclusive of all costs associated with the project including but not limited to the Artist's design fee, other consulting fees such as structural engineering or material testing, permit fees, insurance to cover the scope of the project, materials, fabrication, transportation, installation including any site modifications required, travel to and from site, per diem expenses, project documentation, signage, and a contingency to cover unexpected expenses. PROJECT GUIDELINES The artwork, amenities and enhancements must: (1} Be fabricated in heavy, durable, non-removable materials, and/or be primarily native plants that will withstand the heat, humidity, wind, draught and other environmental and climatic conditions common to the region. (2) Have an anticipated, long-term life span and minimal maintenance requirements. (3) Have agraffiti-resistant coating applied by the artist where applicable, i.e. site furniture. (4) Not require any fencing or other physical barrier as a security measure. (5) Not impede any pedestrian traffic or create blind spots to vehicular traffic (6) Not conflict with any code or regulatory requirements. SELECTION PROCESS The selection process will occur in two phases. In the first phase, the PAAB will review the submission material and select no more than three semi-finalists. In the second phase, the semi-finalists will present an in-person, detailed proposal to the Del Ida Neighborhood Association and PAAB. The Community/Neighborhood association meeting will allow the artist to explain the design concept, gamer community interaction and involvement. Following the presentations by semi-finalists, the PAAB board will select a finalist. Lastly the selected finalist will be reviewed and approved by the Delray Beach City Commission before final contracts are executed. PRELIMINARY PROPOSAL REQUIREMENTS To be considered for the Del Ida Neighborhood Park project, the following items must be included in the preliminary submissions: (1} Application: Complete, sign and date application attached. {2) Resume: A current resume emphasizing public art experience including budget size of past projects. If an artist-led team, please supply a resume of each team member. (3} Photos: Up to ten, 8.5 x 11" photos of completed artwork or projects numbered 1 - 10. Please label each photo with Artist's name, title of work. If an artist-led team, please submit only ten slides that best represent the, direction of the team. (4) Identification Sheet: A typewritten, photo identification sheet including Artist's name, address, telephone number, corresponding photo number, title of work, medium of work, dimensions, completion date. (5) Concept Drawings: No more than three drawings or photo montages to define proposal and design concepts. (6) Written Proposal: No more than two pages outlining the relationship between the photos presented and Artist's proposal; the relationship between the proposed work; haw the proposed work meets the project's goals and guidelines; and background information that supports the Artist's qualification to complete the project. {7) SASE: Self-addressed, stamped envelope for the return of proposal materials. ESTIMATED PROJECT SCHEDULE: • Call to Artists: • Deadline: • Artist Notification of Project Award • Notice to Proceed: 17 Sep 2007 18 Oct 2007 22 Oct 2007 (approximately) Anticipated #o be issued after artist notifrcation PROPOSAL SUBMISSIONS 'l. APPLICATION FORM: A completed application form must accompany the proposal. Applications forms may be obtained from the City's Purchasing Office or it can be downloaded by visiting m~elraybeach.com. 2. CONCEPT SKETCH: include a color sketch or CONCEPT design of the proposed environment installation. 3. PROPOSAL: Artist(s) shall submit a project statement describing their concept and its relationship to the sketch (one page maximum). 4. PHOTOS: To be considered for this project, artist(s) must submit up to ten printed photos per artist of previously completed artwork. Do not submit CDs or slides. All photos should be numbered and labeled with artist's name. 5. PHOTO LIST: Support your image documentation with a corresponding numbered list indicating the artist's name, title of work, location, medium, dimensions and date. 6. MAINTENANCE REQUIREMENTS: The artwork must be low maintenance, durable, appropriate to a seaside location, and able to withstand the effects of sun, rain, salt spray, and wind. Attach a list of maintenance requirements and specify how your proposal will deter vandalism. 7. BUDGET: Include an itemized budget list for the project, including aft aspects of design, for example, artist(s) fee, landscaping, base requirements, {fighting, fabrication and installation. The City's anticipated budget for this project is approximately $25,000. 8. RESUME: Submit a current resume. Catalogs and reviews may be included up to 6 pages for each artist(s) If an artist led team, please supply a resume of each team member. 9. SELF-ADDRESSED STAMPED ENVELOPE: Supply an envelope with sufficient postage for the return of photos and sketch, or materials cannot not be returned. Delray Beach Art in Public Places Art Opportunity Cali to Artists Application Form: Attach this form to the top of each application copy Date: Artist Team Names: Lead Artist Name: Address: City: State: Zip: Country: rnone uay: Fax: Website: Signature of Applicants}: SUBMISSION CHECKLIST • ~ 1. APPLICATION FORM: • 0 2. CONCEPT SKETCH • ~j 3. WRITTEN PROPOSAL: • [~ 4. PHOTOS: • 0 5. PHOTO LIST • [~ 6. MAINTENANCE REQUIREMENTS: • 0 7. BUDGET: • C] 8. RESUME: • [,~ 9. SELF-ADDRESSED STAMPED ENVELOPE: Send materials to: City of Delray Beach Purchasing Office City Hall 900 N.W. 1st Avenue Delray Beach, Florida 33444 _ Phone Cell: Email: CONTACT RANDAL KREJCAREK FOR MORE INFORMATION AT 561-243-7322 ADVERTISEMENT CALL TO ARTISTS ("CTA") DEL IDA NEIGHBORHOOD PARK PROJECT Sealed proposals for artwork installation for the Del Ida Neighborhood Park Project will be received by the City of Delray Beach, Florida at the office of the Purchasing Manager, 100 N.W. 1St Avenue, Delray Beach, Florida 33444, until 3:00 P.M. on. 'l8 Oct 2007. Any CTA received after the designated closing time, whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the purchasing receiving clock located in the Finance office. Copies of the Cail To Artists may be obtained from the Purchasing Offrce, City Hall, 100 N.W. 1ST Avenue, Delray Beach, Florida, 33444 or from the City's website mydelraybeach.com. Call Purchasing at 561-243-7163 to insure sufficient supply. All CTA's shall be submitted with an original and eight (8) copies in sealed envelopes/packages addressed to the Purchasing Manager of Delray Beach, Fiorida, and marked "SEALED PROPOSAL FOR CALL TO ARTISTS: DEL 1DA NEIGHBORHOOD PARK PROJECT". The. Public Art Advisory Board will rank the proposals at a public meeting. Interested persons may call the City Clerk's (561)-243-7056 office to determine the date and time of the meeting. The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that Artist whose artwork proposal is deemed most advantageous to the City, as determined by the City, in its sole discretion. No Artist may withdraw their proposal until 01 Nov 2007. Publish: Palm Beach Post Jacklyn Rooney Sunday, Purchasing Manager CtTY OF DELRAY BEACH GENERAL INFORMATION CALL TO ARTISTS DEL 1DA NEIGHBORHOOD PARK PROJECT DEFINITIONS For the purposes of this Call to Artists, "Artist" shall mean contractors, consultants, Artists, proposers, organizations, firms, or other persons submitting a response to this Call to Artists. PURPOSE This Call to Artists, Del !da Neighborhood Park Project, requires that artists or artist teams submit proposals aimed at enhancing Del Ida Neighborhood Park. Ecologic or Environmental Artists will be asked explore, define and celebrate the unique South Florida ecosystems. The selected artist will meet with the DeI Ida Neighborhood Associa#ion to present ecologic/environmental art trends. The selected artist will also oversee Del Ida community volunteers for the initial installation. PROPOSAL SUBMISSION AND WITHDRAWAL The CITY will receive proposals at the following address: CITY OF DELRAY BEACH PURCHASING OFFICE CITY HALL 100 N.W. 1st Avenue Delray Beach, Florida 33444 To facilitate processing, please clearly mark the outside of the propasal package as follows: SEALED PROPOSAL FOR CALL TO ARTISTS: DEL. IDA NEIGHBORHOOD PARK PROJECT and also include the date of the opening. '1"he package shall also include the Artist's return address. Artists shall submit an original and eight {8} copies of the proposal in a sealed, opaque package marked as noted above. The Artist will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. THE CITY MUST RECEIVE ALL PROPOSALS BY 3:00 P.M. ON , 2007. The CITY cautions Artists to assure actual delivery of mailed or hand-delivered proposals directly to the City's Purchasing Ofi'ice at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 243-7163, before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the Artist(s). Artists may withdraw their proposals by notifying the CITY in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, until , 2007. Once opened, proposals become a record of the CITY and will not be returned to the Artists, therefore, all submittals should be copies, not an original. Ali Artists who apply will also be placed on the City's Artist Registry unless the Artist indicates otherwise. Upon opening, proposals are subject to public disclosure consistent with Chapter 119, Florida Statutes. Artists must invoke exemptions to disclosure provided by law in the response to the CTA, and must identify the data or other materials to be protected, state the reasons why such exclusion from public disclosure is necessary and the legal basis for such exemption. CONTRACT AWARDS The City anticipates entering into an agreement with the Artist who submits the proposal judged by the City to be mos# advantageous. The City anticipates awarding one agreement but reserves the right to award more than one if in its best interest The Artist understands that this CTA does not constitute an offer or an agreement with the Artist. An offer or agreement shall not be deemed to exist aiZd is not binding until a contract has been approved by the appropriate level of authority within the City, and executed by all parties. A sample Agreement is attached to this CTA. The City anticipates that the Tina( agreement will be in substantial conformance with this Sample Agreement; nevertheless, Artists are advised that any Agreement that may result from the CTA may deviate from the Sample Agreement. The City reserves the right to reject all proposals, to abandon the project and/or to solicit and re-advertise for other proposals. The City reserves the right to cancel the CTA or portions thereof without penalty. The City reserves the right to waive any irregularities and technicalities and may, at i#s sole discretion, request a clarification or other information to evaluate any or all proposals. All terms and conditions of this CTA, any addenda, Artist's submissions, and negotiated terms, are incorporated into the contract by reference as set forth herein. Document files may be examined, during normal working hours, ten days after proposals have been opened. The proposal with the highest number of points/votes will be ranked first. The City reserves the right to further negotiate any proposal, including price, with the highest ranked Artist. If an agreement cannot be reached with the highest rated Artist, the City reserves the right to negotiate and recommend award to the next highest Artist or subsequent Artists until an agreement is reached. DEVELOPMENT COSTS Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this CTA. Artists should prepare their proposals simply and economically, providing a straightforward and concise description of the Artist's ability to meet the requirements of the CTA. (NQUIR[ES Interested Artists may contact .Randal Krejcarek, City Engineer, regarding questions about the proposal at City Hall located at 434 S. Swinton Avenue, Delray Beach, Florida 33444 -Telephone {561 } 243-7322 or by facsimile (561 } 243-7314. The City Engineer will receive written requests for clarification concerning the mea!~ing or interpretations of this CTA, until fifteen (15} days prior to the submittal date. City personnel are authorized only to direct the attention of prospective Artists to various portions of .the CTA so that they may read and interpret such for themselves. No employee of the City is authorized to interpret any portion of this CTA or give information as to the requirements of the CTA in addition to what is contained in the written CTA document. The City may record its response to inquiries and any supplemental instructions in the form of written addenda. The City may mail or post on its website written addenda up to ten (10} calendar days before the date fixed for receiving the proposals. Artists shall contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the CTA opening will not be binding. All Artists are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City Engineer through written communication prior to the opening of the proposals. DELAYS The City may delay scheduled due dates if it is to the advantage of the City to do so. ADDENDA If revisions become necessary, the City will post the Addenda on its website. All addenda issued by the City will include a receipt farm, which must be signed and included with any proposals that are submitted to the City. In the event multiple addenda are issued; a separate receipt for each addendum must be included with the proposal at the #ime it is submitted to the City. NEWS RELEASES The Artist shall obtain the prior approval of the City Manager's Office for any and all news releases andlor other publici#y pertaining to this CTA or the service, study or project to which it relates. LICENSES Artists must furnish satisfactory evidence that they have licenses, where applicable, as required to do business in the State of 1=lorida, in Palm Beach County, and in the City of Delray Beach, including but not limited to, licenses required by respective Sta#e Boards and other governments[ agencies responsible for regulating and licensing the services provided and performed by the provider. INSURANCE Once selected an Artist must provide insurance in a type and amount that is acceptable to the City, if applicable. PUBLIC ENTITY CRIMES A person or affliate who has been placed on the convicted Vendor list following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO (Currently $25,800) for a period of 36 months from the date of being placed on the convicted Vendor fist. CODE OF ETHICS If any Artist violates or is a party to a violation of the code of ethics of the City of Defray Beach or the State of Florida with respect to this proposal, such Artist may be disqualified from pen`orming the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from bidding on any future proposals for work, goods or services for the City of Delray Beach. CITY CONTACT The City contact for this project will be Randal Krejcarek, City Engineer, 434 S. Swinton Avenue, Delray Beach, FL 33444 and the telephone number is (561 } 243-7322, or his designee. After the Artist has been selected the Artist shall be informed of who the City Contact will be. RULES FOR PROPOSALS Ail proposals must be received no later than 3:04 PM, on , 2407. Whether a proposal is transmitted by US Mail or any other delivery medium, the Artist(s) will be responsible for its timely delivery. The proposal must name aH persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this CTA. SELECTION PROCESS The selection process will occur in two phases. In the first phase, the PAAB will review the submission material and select no more than three semi-finalists. In the second phase, the semi-finalists wil! present an in-person, detailed proposal to the Del Ida Neighborhood Association and PAAB. The Community/Neighborhood association meeting will allow the artist to explain the design concept, garner community interaction and involvement. Following the presentations by semi-finalists; the PAAB board will select a finalist. lastly the selected finalist will be reviewed and approved by the Delray Beach City Commission before final contracts are executed. The PAAB has an anticipated not to exceed contract cost of $45,000. This contract amount is inclusive of all costs associated with the project including but not limited to the Artist's design fee, other consulting fees such as structural engineering or material testing, permit fees, insurance to cover the scope of the project, materials, fabrication, transportation, instal#ation including any site modifications required, travel to and from site, per diem expenses, project documentation, signage, and a contingency.to cover unexpected expenses. The Artist(s) must be able to demonstrate through the submission of proposal materials, a proven track record far having successfully integrated artwork and/or amenities into landscape utilizing the materials necessary to meet the project goals and guidelines provided below. • Artwork concept is appropriate as to emphasis, scale and design • Qualifications and professional experience of the artist/team • Quality of previous works • Outstanding potential of the artwork concept • Ability to successfully execute the project under the criteria developed and within budget The City of Delray Beach wilt select the artist/firm that meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final. RIGHT TO REJECT PROPOSALS Submission of a proposal indicates acceptance by the artist of the conditions contained in this Cal! to Artists unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Delray Beach and the artist selected. The City of Delray Beach reserves the right, in its sole discretion, to reject any or all proposals. SCOPE OF SERVICES LOCATION: The park is approximately '[3,000 square feet and is bounded by North East 2"d Avenue, Dixie Highway and North East 6 Street. SITE DESCRIPTION: De! !da Park is a triangle shaped green area. The park is approximately 13,000 square feet and is bounded by North East 2"a Avenue, Dixie Highway and North East ft" Street. it has a central grassy open area with one large specimen Ficus tree and two Tabebuia trees. The ficus tree will be a focus for opportunity -possible relocation or refined pruning to ameliorate conflicts with the overhead electric lines. PROJECT GUIDELINES The artwork, amenities and enhancements must: (1} Be fabricated in heavy, durable, non-removable materials, and/or be primarily native plants that will withstand the heat,, humidity, wind, drought and other environmental and climatic conditions common to the region. (2) Have an anticipated, long-term life span and minimal maintenance requirements. (3) Have agraffiti-resistant coating applied by the artist where applicable, i.e. site furniture. (4) Not require any fencing or other physical barrier as a security measure. (5) Not impede any pedestrian traffic or create blind spots to vehicular traffic (b) Not conflict with any code or regulatory requirements. CONCEPT SKETCH: Include a color sketch. or CONCEPT design of the proposed environment installation. PROPOSAL: Artist(s) shall submit a project statement describing their concept and its relationship to the sketch (one page maximum}. PHOTOS: To be considered for this project, artist(s) must submit up to ten printed photos per artist of previously completed artwork. Do not submit CDs or slides. All photos should be numbered and labeled with artist's name. PHOTO LIST: Support your image documentation with a corresponding numbered list indicating the artist's name, title of work,.location, medium, dimensions and date. MAINTENANCE REQUIREMENTS: The artwork must be low maintenance, durable, appropriate to a community location, and able to withstand the efFects of sun, rain, salt spray, and wind. Attach a list of maintenance requirements and specify how your proposal will deter vandalism. BUDGET: Include an itemized budget list for the project, including all aspects of design, for example, artist(s) fee, landscaping, base requirements, lighting, fabrication, and installation. The City's anticipated budget for this project is approximately $45,004.00. RESUME: Submit a current resume. Catalogs and reviews may be included up to 6 pages fior each artist. PROPOSAL WORKSHEET The undersigned, as Artist, hereby declares that the only person or persons interested in the Proposal, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Proposal or the Contract to which the work pertains; that this Proposal is made without connection or arrangement with any other person, company, or parties making a proposal and that the Proposal is in ail respects fair and made in good faith without collusion or fraud. The Artist further declares that he has examined the Contractual Documents, including the Advertisement, Proposal, Scope of Services, Draft Contract, and has read all addenda prior to the opening of proposals, and is satisfied fully relative to all matters and conditions with respect to the work to which this Proposal pertains. The Artist proposes and agrees, if this Proposal is accepted, to contract with the City of Delray Beach in the form of a contract specified by the City, to furnish ail necessary materials, all equipment, supplies, and labor necessary to complete the work specified in the Proposal and the Contract, and in the manner specified. The hereby undersigned representative of the Artist certifies that they are an authorized representative of the Artist who may legally bind the Artist: *SIGNATURE: Name: Printed Company: Address: City: Telephone No: State: Zip: Fax No: *Failure to affix signature will result in disqualification of proposal. Title: Note: If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. Acknowledgement of Addendums Acknowledgement is hereby made of the following Addenda received since issuance of Specifications: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Name of Artist's Service Contact: Address: AGREEMENT BETWEEN THE CITY AND ARTIST FOR THE DEL IDA NEIGHBORHOOD PARK PROJECT THIS AGREEMENT made this day of , 20~, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and {hereinafter called ARTIST). WITNESSETH: The CITY and the ARTIST in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned ARTIST hereby represents that helshe has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The ARTIST, as evidenced by the execution of this Agreement, acknowledges that helshe has examined all speciftcations and requirements of this RFP. The ARTIST further acknowledges that the "Call to Artist" price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. The total cost for this project is $ which shall be paid within 30 days of the completion of the project as determined by the City Engineer 3. The Agreement between the CITY and the ARTIST include the Agreement and the documents which are attached hereto. 4. The ARTIST shall complete construction of the art project, hereinafter referred to as the "WORK", within of receiving a notice to proceed from the CITY, unless extended by written agreement. 5. This Agreement shall be governed by the laws of the State of Florida as now and thereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered ar mailed, certified mail, return receipt requested, to the following addresses: As to CTIY: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As #o ARTIST: 7. The ARTIST shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the ARTIST shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the ARTIST each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the ARTIST shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the ARTIST and any persons employed or utilized by the ARTIST in the performance of this Agreement. ARTIST agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, flosses or costs caused by or on account of the use of any improper materials. ARTIST agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any 1=ederal, State, County or City laws, by-laws, ordinances or regulations by the ARTIST, its agents, servants or employees. ARTIST further agrees to defend, indemnify and save harmless the CITY from al} such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and a!I suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the ARTIST to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the ARTIST, its agents or employees. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the ARTIST the specific consideration of ten dollars and other good and valuable consideration as specific consideration #or the indemnification provided herein. 1=urthermare, the ARTIST acknowledges that the bid price inc}udes said consideration for the indemnification provision. 10. The CITY may, in its sole discretion, terminate this Agreement upon 10 days notice to the ARTIST. Upon termination the Artist shall only retain such funds that have been expended to date. The remaining funds, if any shall be returned to the CITY within 30 days of the termination. 11. ART[ST shall provide the CITY with a written Biil of Sale conveying title to the CITY, and a sworn statement of no liens, claims or other encumbrances. Such documents shall be in a form acceptable to the CITY. 12. The ARTIST warrants that the WORK shall be free of defects in material and workmanship and that the ARTIST shaft correct at her expense any such defects which appear far a period of one (1) year from delivery of the Bill of Sale for the WORK. 13. The ARTIST warrants that the WORK is an original and that the WORK does riot infringe upon any copyright. 14. Title to the WORK shall vest in the CITY upon completion of the WORK. The CITY may reproduce images of the WORK, for non-commercial use, including but not limited to public information, educational and promotional purposes without written consent of the ARTIST. 15. The ARTIST retains (1) copyright of designs created (2) all rights to the Artists Rights Act of 1990, and any successor act, except that the ARTIST hereby waives the rights under 17 U.S.C. 106A, and (3) all rights expressly granted in this Agreement. 16. The ARTIST hereby acknowledges that the artwork will become an integral part to the streetscape and that installation and integration of the artwork may subject the artwork to future removal, destruction, or other modifications by reason of its removal from the structure or the renovation, destruction or redevelopment of the structure. Notwithstanding the foregoing, the ARTIST hereby consents to the incorporation of the artwork into the streetscape and waives any rights in the artwork granted by 17 U.S.C. 106A, Visual Artists Rights Act of 1990. 17. ARTIST's rights, including but not limited to all copyrights, if applicable, under this Agreement are not assignable and shaft cease with ARTiST's death and do not extend to ARTIST°s heirs, successors or assigns. CiTY's rights and obligations under this Agreement may be assigned without the consent of ARTIST at any time, without prior notice to ARTIST. 18. ARTIST shall notify the CITY of any permanent change of address from that stated in Paragraph 14 hereof, and the failure of ARTIST to do so shall be deemed a waiver by ARTIST of ART[ST`s rights to enforce those provisions of this Agreement that require the express approval of ARTIST. 19. The ARTIST steal[ provide insurance in a form and an amount as requested by the CITY. 20. This Agreement shall be considered null and void unless signed by both the ARTIST and the CITY. 21. This Agreement and the documents attached hereto constitute the entire agreement between the CITY and the ARTIST and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to form: City Attorney WITNESSES: Rita Ellis, Mayor ARTIST: By: {please type or print name) (please type or print Warne) {SEAL} CORPORATE ACKNOWLEDGMENT STATE OF _ COUNTY OF The #oregoing instrument was acknowledged before me this day of 20^, by {name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the .corporation. He/She is {personally known to me) {or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment CERTIFICATE (If Corporation) STATE OF FLORIDA ) COUNTY OF ) 1 HEREBY CERTIFY that a meeting of the Board of Directors of _ a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", #hat , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the officio[ seal of the corporation this day of , 20T. (Secretary) BILL OF SALE KNOW TO ALL MEN BY THESE PRESENTS, that (ARTIST) for and in consideration of the sum of ,lawful money of the United States, and other good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does hereby grant, bargain, self, transfer and deliver unto the City of Delray Beach, Fiorida, its successors and assigns, a work of art that is TO HAVE AND TO HOLD the same unto the City of Delray Beach, Florida, its successors and assigns forever. IN WITNESS WHEREOF, ARTIST has hereunto set his hand and seal this day of 200_. (print or type name} STATE OF FLORIDA COUNTY OF The foregoing instrument 200_, by has produced oath. Notary Public was acknowledged before me this day of who is personally known to me or who as identification and who did take an My Commission Expires: CTA SIGNATURE FORIU~ * PLEASE AFFIX SIGNATURE WHERE INDICATED (FA[LURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) CTA #: Opening Date: CTA TITLE: Artwork lnstallatlon City Hall Arf Project COMPANY NAME: DATE: NAME/T1TLE: ADDRESS; CITY FEDERAL TAX 1.D. #: STATE Z1P CODE TELEPHONE: FACSIMILE ( ) *SIGNATURE PLEASE ATTACH LETTERS OF SUPPORT. Date: 28 Au 2007 AGENDA ITEM NUMBERC~ AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda Workshop Agenda -Special Agenda When: 04 Sep 2007 Description of Agenda Item {who, what, where, how much): This agenda item is for Commission approval to allow the Pubic Art Advisory Board to advertise a call to artists for an art project in the Del Ida Neighborhood Park. The proposed art will be ecologically and environmentally friendly. Staff Recommendation: Department Head Signa City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Yes Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: es No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) S:\EngAdmin\Projects\2007\2007-057\OFFICIAL\2007-09-04 agenda eco.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM• REBECCA S. O'CONNOR, TREASURER THROUG CITY MANAGER/`~ DATE: AUGUST 29, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF SEPTEMBER 4.20(17 2007 WATER AND SEWER REVENUE BOND ISSUE ITEM BEFORE COMMISSION Authorize the sale of City of Delray Beach Water and Sewer Revenue Bonds, Series 2007 in the principal amount of $9,000,000 to Branch Banking and Trust at a rate of 4.41 % far a term of 15 years with no penalty for early pre-payment. BACKGROUND 'The South Central Regional Wastewater Treatment Board approved in December, 2006 the Reclaim and Deepwell projects totaling approximately $18,000,000 with funding to be split between the City of Boynton Beach and the City of Delray Seach. These projects were subsequently approved by City Commission. On August 15, 2007, the Finance Department received bids for a proposed $9,000,000 Water and Sewer Bonds, Series 2007 ("Series 2007 Bonds") to provide tax exempt financing to fund the City's share of these projects and to pay the costs of issuance for these bonds. FUNDING SOURCE N/A RECOMMENDATION Recommend the authorization of the sale of Delray Beach Water and Sewer Revenue Bonds, Series 2007 in the principal amount of $9,000,000 to Branch Banking and Trust at a rate of 4.41 % for a term of 15 years with no penalty for early pre-payment. q~G MEMORANDUM To: David T. Harden, City Manager From ~ , Rebecca S. O'Connor, Treasurer Thru: ~ Joseph M. Saffiord, Director of Finance Subject: Proposed $9,0,000 Water and Sewer Bands, Series 2007 Date: August 29, 2007 Backs~round The South Central Regional Wastewater Board approved in December, 2006 the Reclaim and Deepwell projects totaling approximatety $18,000,000 with funding to be split between the City of Boynton Beach and the City of Delray Beach. This was subsequently approved by City Commission. On August 15, 2007, the Finance Department receives bids far a proposed $9,000,000 Water and Sewer Series 2007 Bonds ("Series 2007 Bonds") to provide tax exempt financing to fund the City's share of these projects and to pay the costs of issuance of the Series 2007 Bonds. Terms The term of the Series 2007 Bonds will be approximately 15 years. The City will pay interest on the Series 2007 Bonds on April 1, 2008 and October 1, 2008 and then semi-annually on every April 1 and October 1 thereafter. Principal wilt be paid annually commencing on October 1, 2008 and ending on October 1, 2021. Bid Responses The City received the folloaving responses: Financial Institution Rate With Penalty to Rate Without Pena !»aa ua Miscellaneous Fees Bank of America Na 4.515°~ -0- Branch Baskin 8 Trust Na 4.410°~ 3,700 SunTrust Bank 4.410% 4.460°~ 2,000 Wachovia 5.290% 5.640° 2,500 Recommendation We recommend the offer submitted by Branch Banking and Trust, the lowest bidder without a penalty. Attached is a draft Resolution Plo. 48-07 provided by Steve Sanford of Greenberg Traurig, the City's Bond Counsel, which authorizes the issuance of Water and Sewer Bonds in the aggregate amount of $9,00,000 and authorizes the sad of such bends to Branch Banking and Trust, at a rate of 4.41 % for a term of 1 ~ years with no penalty for early pre-payment File: rfp commiss07wsrss.doc RESOLUTION NO. R-48-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO.39- 88, AS AMENDED AND SUPPLEMENTED, FOR THE PURPOSE OF AUTHORIZING AN ELEVENTH SERIES OF WATER AND SEWER REVENUE BONDS DESIGNATED AS WATER AND SEWER REVENUE BONDS, SERIES 2007 (THE "BONDS"), IN THE AGGREGATE PRINCIPAL AMOUNT OF $9,000,000 FOR THE PURPOSE OF FINANCING CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S COMBINED PUBLIC UTILITY; PROVIDING FOR THE TERMS OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; AUTHORIZING THE NEGOTIATED SALE OF SAID BOND AND APPROVING THE FORM, AND AUTHORIZING THE EXECUTION AND DELIVERY, OF A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS TO BRANCH BANKING AND TRUST COMPANY; INCORPORATING BY REFERENCE THE TERMS AND PROVISIONS OF RESOLUTION NO. 39-88, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, a municipal corporation of the State of Florida (the "City"), presently owns and operates its own potable water and sanitary sewer system (herein, the "Combined Public Utility"); and WHEREAS, the City Commission of the City of Delray Beach, Florida (the "Commission"), did, on June 12, 1984, adopt Resolution No. 45-84, which was amended and supplemented on June 26, 1984, and October 10, 1984, authorizing the issuance of its Water and Sewer Revenue Bonds, Series 1984 (the "1984 Bonds"); and WHEREAS, the Commission did, on June 28, 1988, adopt Resolution No. 36-88, which was amended, supplemented and restated by Resolution No. 39-88, adopted on July 12, 1988, as further amended and supplemented (collectively, the "1988 Resolution"), authorizing the issuance of the City's Water and Sewer Refunding Revenue Bonds, Series 1988 (the "1988 Bonds"), to refund the City's 1984 Bonds; and Res. No. R-48-07 WHEREAS, the City did, on September 15, 1988, issue its 1988 Bonds in the aggregate principal amount of $25,135,000; and WHEREAS, the 1988 Resolution authorizes in Section 4.G of Article III thereof, of Part I, the issuance of water and sewer revenue bonds payable on a parity with the 1988 Bonds issued pursuant to the 1988 Resolution, on the terms and conditions therein contained; and WHEREAS, the Commission did, on April 24, 1990, adopt Resolution No. 46-90, as amended and supplemented, which authorized the issuance of $8,000,000 Water and Sewer Revenue Bonds, Series 1991 A (the "1991 A Bonds") of the City for the purpose of financing certain additions, extensions and improvements to the City's Combined Public Utility; and WHEREAS, the Commission did, on October 23, 1990, adopt Resolution No. 104-90, as amended and supplemented, which authorized the issuance of not exceeding $50,000,000 Water and Sewer Revenue Bonds, Series 1991 B (the "1991 B Bonds") of the City for the purpose of financing certain additions, extensions and improvements to the City's Combined Public Utility; and WHEREAS, the City did, on April 30, 1991, issue its 1991 A Bonds and 1991 B Bonds in the aggregate principal amounts of $8,000,000 and $14,585,000, respectively; and WHEREAS, the Commission did, on June 8, 1993, adopt Resolution No. 50-93, which authorized the issuance of not exceeding $30,000,000 Water and Sewer Refunding Revenue Bonds, Series 1993 A (the "1993 A Bonds") for the purpose of paying and refunding a portion of the 1988 Bonds and the 1991 A Bonds; and WHEREAS, the Commission did, on June 8, 1993, adopt Resolution No. 51-93, which authorized the issuance of not exceeding $10,000,000 Water and Sewer Revenue Bonds, Series 2 Res. No. R-48-07 1993 B (the "1993 B Bonds") for the purpose of financing certain additions, extensions and improvements to the City's Combined Public Utility; and WHEREAS, the City did, on June 29, 1993, issue its 1993 A Bonds and 1993 B Bonds in the aggregate principal amounts of $21,238,997.35 and $6,865,477.25, respectively; and WHEREAS, the Commission did, on August 19, 1997, adopt Resolution No. 58-97, as amended and supplemented, authorizing the issuance of its Water and Sewer Revenue Refunding Bonds, Series 1997 A (the "1997 Bonds"), in the aggregate principal amount of not exceeding $17,000,000 to advance refund the outstanding 1991 B Bonds; and WHEREAS, the City did on November 18, 1997, issue its 1997 Bonds in the aggregate principal amount of $15,030,000; and WHEREAS, the Commission did, on June 8, 1999, adopt Resolution No. 33-99, authorizing the issuance of not to exceed $3,500,000 in principal amount of Water and Sewer Revenue Bonds, Subordinate Series 1999 (the "1999 Bonds"); and WHEREAS, the City did, on June 11, 1999, issue its 1999 Bonds in the aggregate principal amount of $3,500,000; and WHEREAS, the Commission did on June 17, 2003, adopt Resolution No. 34-03 and Resolution No. 34-05, authorizing the issuance of not to exceed $13,500,000 in principal amount of Water and Sewer Revenue Refunding Bonds, Series 2003 (the "2003 Bonds") to pay and defease all or a portion of the 1993 A Bonds, the 1993 B Bonds and the 1999 Bonds; and WHEREAS, the City did, on July 9, 2003, issue its 2003 Bonds in the aggregate principal amount of $11,670,000; and 3 Res. No. R-48-07 WHEREAS, the Commission did, on May 16, 2006, adopt Resolution No. 25-06 authorizing the issuance of not to exceed $7,000,000 in principal amount of Water and Sewer Revenue Bonds, Series 2006 (the "2006 Bonds"); and WHEREAS, the City did, on May 25, 2006, issue its 2006 Bonds in the aggregate principal amount of $7,000,000; and WHEREAS, the Commission did, on November 7, 2006, adopt Resolution No. 66-06 authorizing the issuance of not to exceed $2,350,000 in principal amount of Water and Sewer Revenue Bonds, Series 2006B (the " 2006B Bonds"); and WHEREAS, the City did, on November 17, 2006, issue its 2006B Bonds in the aggregate principal amount of $2,350,000; and WHEREAS, on the date hereof there remains Outstanding the 1997 Bonds, the 1993 B Bonds, the 2003 Bonds, the 2006 Bonds and the 2006B Bonds (collectively, the "Prior Bonds"); and WHEREAS, any capitalized terms used in this Resolution and not otherwise defined, shall have the meaning ascribed to such term in the 1988 Resolution; and WHEREAS, the Commission hereby deems it necessary for the City to issue an eleventh series of Water and Sewer Revenue Bonds, pursuant to the terms and provisions of the 1988 Resolution and this Resolution to finance all or a portion of the 2007 Project (as herein defined) which Water and Sewer Revenue Bonds shall be designated "City of Delray Beach, Florida, Water and Sewer Revenue Bonds, Series 2007" (herein, the "Bonds") and such Bonds shall be issued in the aggregate principal amount of NINE MILLION DOLLARS ($9,000,000); and WHEREAS, except for any Bond Insurance and/or Reserve Account Credit Facility Substitutes applicable to certain of the Prior Bonds, the Bonds shall be on parity with the Prior 4 Res. No. R-48-07 Bonds as to lien on, and source and security for payment from, the Net Revenues derived from the operation of the Combined Public Utility and in all other respects, except as provided herein or in the Bonds; and WHEREAS, the City staff has previously solicited bids from lending institutions to provide, through the purchase of the Bonds, financing for the 2007 Project; and WHEREAS, City staff has determined and the City Commission hereby concurs that Branch Banking and Trust Company, a banking organization organized under the laws of the State of North Carolina (herein, the "Bank") has provided the best overall bid to the City; and WHEREAS, the City Commission hereby finds that in light of present market conditions, the aforementioned bid provided by the Bank, the necessity for the funds in calendar year 2007, and other factors described herein, it would be in the best interest of the City to sell the Bonds to the Bank on a negotiated basis pursuant to the terms and provisions of the 1988 Resolution, this Resolution and that certain Bond Purchase Agreement dated the date of delivery of the Bonds (herein, the "Agreement") by and between the City and the Bank in substantially the form attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1: AUTHORITY OF THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the 1988 Resolution, the City 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. SECTION 2: FINDINGS. It is hereby ascertained, determined and declared: 5 Res. No. R-48-07 A. That all terms not otherwise defined in the recitals set forth above, in this Section 2 or in Section 3 hereof shall have the meaning ascribed to such terms in Part I, Section 2 of Article 1 of the 1988 Resolution. B. That the City now owns, operates and maintains a combined water system and sewer system for the supply and distribution of water to the inhabitants and customers of the City and for the collection, treatment and disposal of sewage in said City (the "Combined Public Utility") and owns aone-half (1/2) undivided interest in a treatment and disposal system operated by the South Central Regional Wastewater Treatment and Disposal Board; and that the City derives revenues from the operation of said Combined Public Utility. C. That the revenues of the Combined Public Utility are not pledged or encumbered in any manner, except for the Outstanding Prior Bonds issued pursuant to Resolution No. 36-88, adopted on June 28, 1988, as amended, supplemented and restated by Resolution No. 39-88, adopted on July 12, 1988, as further amended and supplemented (collectively, the "1988 Resolution"). D. That the 1988 Resolution in Section 4.G of Article III of Part I provides for the issuance of pari passu additional bonds, under the terms, conditions and limitations provided therein. E. That the City is authorized to issue the Bonds as ~ passu additional bonds within the terms, conditions and limitations provided in Section 4.G of Article III, Part I, of the 1988 Resolution. F. That the proceeds derived from the sale of the Bonds shall be used to finance all or a portion of the 2007 Project. 6 Res. No. R-48-07 G. That the estimated Revenues to be derived in each year hereafter from the operation of the Combined Public Utility will be sufficient at all times to pay all the costs of operation and maintenance of the Combined Public Utility and the principal of and interest on the Prior Bonds and the Bonds authorized pursuant to the 1988 Resolution and this Resolution, as the same become due and payable, and all sinking fund, reserve, if any, and other payments provided for in the 1988 Resolution and in this Resolution in accordance with the requirements of the 1988 Resolution and this Resolution. H. That the principal of and interest on the Bonds and all of the sinking fund and other payments provided for in the 1988 Resolution and this Resolution will be paid from the Net Revenues derived from the operation of the Combined Public Utility in the manner provided therein and herein, on a parity with the Prior Bonds; and the ad valorem taxing power of the City will never be necessary or authorized to pay the principal of and interest on the Bonds to be issued pursuant to this Resolution, or to make any of the sinking fund or other payments provided for in the 1988 Resolution and this Resolution, and the Bonds issued pursuant to this Resolution shall not constitute a lien upon the Combined Public Utility or upon any other property whatsoever of or in the City but shall be payable solely from the Net Revenues derived from the operation of the Combined Public Utility in the manner provided herein. I. That it is necessary and in the best economic interest of the City to acquire, construct and implement the 2007 Project in order to improve and enhance the City's Combined Public Utility and the services so provided by such Combined Public Utility. J. That the 2007 Project will serve a valid municipal purpose. K. That the cost of financing the 2007 Project shall be deemed to include, but not be limited to, the cost of acquisition, construction, improving, installing, renovating and 7 Res. No. R-48-07 equipping all or a portion of the 2007 Project, the cost of all real or personal property necessary therefor; administrative expenses; design, engineering and legal expenses; the fees and expenses of Bond Counsel; the fees and reasonable expenses of counsel for the Bank; expenses for estimates of costs; expenses for plans, specifications, licenses and permits; and such other expenses as may be necessary or incidental to the financing of the 2007 Project and the issuance of the Bonds herein authorized. L. That the City, having previously solicited bids for the sale of the Bonds, has determined that the best qualified bid for the Bonds was delivered by the Bank. M. That the negotiated sale of the Bonds to the Bank is in the best interest of the City by reason of the nature of and schedule for the completion of the financing of the 2007 Project, the aforementioned solicitation of bids, and present market conditions. N. That the Agreement, in the form attached hereto as Exhibit A, is hereby approved, with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof and the Mayor (or in his absence, the Vice Mayor) and City Clerk are hereby authorized to execute the same on behalf of the City. O. That pursuant to the provisions of the 1988 Resolution and this Resolution, the City may issue obligations in the future on parity with the Bonds and the Prior Bonds secured by the Net Revenues. SECTION 3: DEFINITIONS. That, in addition to terms defined elsewhere in this Resolution, the following terms shall have the following meanings unless the context otherwise clearly requires: "Bond Counsel" shall mean Greenberg Traurig, P.A. or any other firm of nationally recognized bond counsel selected by the City and acceptable to the Bank. 8 Res. No. R-48-07 "Business Day" shall mean any day other than a Saturday or Sunday, or a day on which the Bank is closed. "Code" shall mean the Internal Revenue Code of 1986, as amended, the applicable Treasury Regulations promulgated thereunder and any administrative or judicial interpretations of the same published in a form on which the City may rely as a matter of law. "Determination of Taxability" shall mean the circumstance of interest paid or payable on the Bonds becoming includable for federal income tax purposes in the gross income of the Bondholder. A Determination of Taxability will be deemed to have occurred upon (i) the receipt by the City or Bondholder of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency which holds that any interest payable on the Bonds is includable in the gross income of the Bondholder for federal income tax purposes; (ii) the issuance of any public or private ruling of the Internal Revenue Service that any interest payable on the Bonds is includable in the gross income of the Bondholder for federal income tax purposes; or (iii) receipt by the City or Bondholder of an opinion of a Bond Counsel that any interest on the Bonds has become includable in the gross income of the Bondholder for federal income tax purposes. For all purposes of this definition, a Determination of Taxability will be deemed to occur on the date as of which the interest on the Bonds is first deemed includable in the gross income of the Bondholder for federal income tax purposes. "Interest Rate" shall mean with respect to the Bonds, a fixed rate of interest on the Bonds which, shall be equal to 4.41 percent per annum (4.41 %). The Interest Rate shall be calculated on the basis of a 360 day year of twelve thirty-day months. "Maturity Date" shall mean, with respect to the unpaid principal of and interest on the Bonds, October 1, 2021. 9 Res. No. R-48-07 "Owner," "Bondholder" or "registered holder" or any similar term shall mean the Bank or, subject to the provisions of Section 10 hereof, any successor registered holder of the Bonds; provided no Bondholder may be the registered owner of less than $1,000,000 in the aggregate principal amount of the Bonds or all Bonds if less than $1,000,000 remains outstanding. "Paying Agent" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceeding, any bank or trust company and any successor bank or trust company appointed by the City to act as Paying Agent hereunder. "Payment Date" shall mean, with respect to interest on the Bonds, each April 1 and October 1, commencing April 1, 2008, and with respect to scheduled principal on the Bonds, on each October 1, commencing October 1, 2008 in the principal amounts set forth in Section 7 hereof, and, prior to the Maturity Date, on any date the principal of the Bonds is optionally prepaid in whole or in part, provided that if such date is not a Business Day, the payment shall be made on the next succeeding Business Day and interest shall continue to accrue until the payment is received by the Owner. "Registrar" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceeding, any bank or trust company and any successor bank or trust company appointed by the City to act as Registrar hereunder. "Resolution" shall mean this Resolution as the same may from time to time be amended and supplemented in accordance with the terms hereof. "Taxable Rate" shall mean the Interest Rate times 1.5234. "2007 Project" shall mean, unless determined otherwise by subsequent proceedings of the Commission, additional funding for a reclaim and deep well project relating to the operation of the City's combined Public Utility and all related and incidental costs. 10 Res. No. R-48-07 Words importing singular number shall include the plural number and vice versa, as the case may be, and words importing persons shall include firms and corporations. SECTION 4: AUTHORIZATION OF BONDS. Subject and pursuant to the provisions of this Resolution and the 1988 Resolution, obligations of the City of Delray Beach, Florida, to be known as "Water and Sewer Revenue Bonds, Series 2007" (herein the "Bonds") are hereby authorized to be issued in the aggregate principal amount of Nine Million Dollars ($9,000,000) for the purpose of financing all or a portion of the costs of the 2007 Project. SECTION 5: INCORPORATION BY REFERENCE. Unless otherwise provided herein, all the terms and provisions of the 1988 Resolution shall, by this reference, be incorporated herein as though fully set forth in this Resolution. SECTION 6: 1988 RESOLUTION AND THIS RESOLUTION CONSTITUTES CONTRACT. In consideration of the acceptance of the Bonds authorized to be issued hereunder by those who shall hold the same from time to time, this 1988 Resolution and the Resolution shall be deemed to be and shall constitute a contract between the City and such Owners, including the Bank, and the covenants and agreements herein set forth to be performed by said City shall be for the equal benefit, protection and security of the Owners of any and all of such Bonds, including the Bank, 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 herein. SECTION 7: DESCRIPTION OF BONDS. Notwithstanding the form of Bonds set forth in the 1988 Resolution, the text of the Bonds shall be substantially in the form attached hereto as Exhibit B with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof. 11 Res. No. R-48-07 The Bonds (initially issued in one (1) typewritten certificate) shall be dated the date of initial issuance. The Bonds shall be issued in registered form designating the Bank or its designee as the registered owner. Unless the interest rate on the Bonds is adjusted in accordance with Section 8 hereof, the Bonds shall bear interest on the outstanding principal amount of the Bonds from time to time at the Interest Rate and shall be payable on each Payment Date, commencing April 1, 2008. Unless the Bonds are optionally redeemed, at the option of the City, in accordance with the terms of this Resolution, the outstanding principal of the Bonds shall be payable on each October 1 in the years and amounts set forth below: Principal Date Amount 2008 $ 190,000 2009 200,000 2010 210,000 2011 210,000 2012 220,000 2013 230,000 2014 240,000 2015 940,000 2016 980,000 2017 1,020,000 2018 1,060,000 2019 1,110,000 2020 1,170,000 2021 * 1.220.000 Total Final maturity Principal and interest on the Bonds shall be payable by the Paying Agent to the Owner by wire transfer in accordance with written instructions provided to the City by the Owner. The Bonds shall be numbered in such manner as may be prescribed by the Registrar. SECTION 8: ADJUSTMENT TO INTEREST RATE. Upon a Determination of Taxability the interest rate on the Bonds shall be converted to the Taxable Rate. 12 Res. No. R-48-07 SECTION 9: EXECUTION OF THE BONDS. The Bonds shall be executed in the name of the City by the signature of the Mayor or Vice Mayor of the City and its official seal shall be affixed thereto or imprinted or reproduced thereon and attested by the City Clerk. The signatures of the Mayor or Vice Mayor of the City and City Clerk on the Bonds may be manual or facsimile signatures. In case any one or more of the officers who shall have signed or sealed the Bonds shall cease to be such officer of the City before the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. The Bonds may be signed and sealed on behalf of the City by such person who at the actual time of the execution of the Bonds shall hold the proper office, although at the date the Bonds shall be actually delivered such person may not have held such office or may not have been so authorized. The Bonds shall bear thereon a certificate of authentication, in the form set forth on Exhibit B attached hereto, executed manually by the Registrar (when the City's Finance Department shall act as Registrar, the certificate of authentication shall be manually executed by the City's Finance Director). Only the Bonds as shall bear thereon such certificate of authentication shall be entitled to any right or benefit under this Resolution and no Bonds shall be valid or obligatory for any purpose until such certificate of authentication shall have been duly executed by the Registrar. The certificate of authentication of the Registrar upon the Bonds executed on behalf of the City shall be conclusive evidence that the Bonds so authenticated have been duly authenticated and delivered under this Resolution and that the Owner thereof is entitled to the benefits of this Resolution. 13 Res. No. R-48-07 SECTION 10: NEGOTIABILITY, REGISTRATION AND CANCELLATION. The Registrar shall keep books for the registration of the Bonds and for the registration of transfers of the Bonds. The Bonds shall be transferable at the option of the registered Owner thereof to an institutional holder, but subject to the prior written approval of the City's Director of Finance (which shall not be unreasonably withheld if the intended transferee provides a suitability letter addressed to the City as to the sophistication of the investor) unless such institutional holder is a bank or trust company, or unless such institutional holder, which is not a bank or trust company, certifies in writing to the City prior to the transfer that it is an accredited investor within the meaning of Rule 501 of the Securities Act of 1933, as amended and supplemented, in which case such approval shall not be required, and upon surrender thereof at the office of the Registrar (the designated corporate trust office of the Registrar if the City's Finance Department is not the Registrar) with a written instrument of transfer satisfactory to the Registrar duly executed by the registered Owner or his duly authorized attorney. Upon the transfer of such Bond, the City shall issue in the name of the transferee a new Bond. The City, the Paying Agent and the Registrar shall deem and treat the person in whose name the Bonds shall be registered upon the books kept by the Registrar as the absolute Owner of such Bonds, whether such Bonds shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bonds as the same become due and for all other purposes. All such payments so made to any such Owner or upon his/her order shall be valid and effectual to satisfy and discharge the liability upon such Bonds to the extent of the sum or sums so paid, and neither the City, the Paying Agent nor the Registrar shall be affected by any notice to the contrary. 14 Res. No. R-48-07 In all cases in which the privilege of transferring the Bonds is exercised, the City shall execute and the Registrar shall authenticate and deliver the Bonds in accordance with the provisions of this Resolution. The Bonds surrendered in any such transfers shall forthwith be delivered to the Registrar and canceled by the Registrar in the manner provided in this Section. The City or the Registrar (if not the City's Finance Department) may require the payment of a sum sufficient to pay any tax, fee or other governmental charges required to be paid with respect to such transfer. The Bonds paid or redeemed, in whole, either at or before maturity, shall be delivered to the Registrar within a reasonable period of time after the payment or redemption is made, and such Bonds shall thereupon be canceled upon written acknowledgement from the Owner that the Bonds have been paid in whole. The Bonds so canceled may at any time be destroyed by the Registrar, who shall execute a certificate of destruction in duplicate by the signature of one of its authorized officers describing the Bonds, and one executed certificate shall be filed with the City and the other executed certificate shall be retained by the Registrar (if not the City's Finance Department). SECTION 11: MUTILATED, DESTROYED, STOLEN OR LOST BONDS. In case any Bond shall become mutilated, destroyed, stolen or lost, the City shall execute and the Registrar shall authenticate and deliver a new Bond of like date, maturity and denomination 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 (if not the City's Finance Department) evidence of such loss, theft, or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the event the Bonds shall be about to 15 Res. No. R-48-07 mature or have matured, instead of issuing a duplicate Bond, the City may pay the same without surrender thereof. The City and the Registrar (if not the City's Finance Department) may charge the Owner of such Bond their reasonable fees and expenses in connection with this transaction. Any Bonds surrendered for replacement shall be canceled in the same manner as provided in Section 10 hereof. Any such duplicate Bond issued pursuant to this Section shall constitute additional contractual obligations on the part of the City, whether or not the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bonds shall be entitled to equal proportionate benefits and rights as to lien on the source and security for payment from Net Revenues with the Bonds issued hereunder. SECTION 12: CONDITIONS FOR ISSUANCE OF THE BONDS. Prior to the issuance of the Bonds, the City shall comply with the following conditions: (a) Deliver to the Bank a fully executed arbitrage tax certificate; and (b) Deliver to the Bank a copy of a completed and executed Form 8038-G to be filed by the City with the Internal Revenue Service; and (c) Deliver to the Bank an opinion of Bond Counsel, satisfactory to the Bank, regarding the due authorization, execution, delivery, validity and enforceability of the Bonds and the due adoption of this Resolution (enforceability of such instrument may be subject to standard bankruptcy exceptions and the like) and the exclusion of interest on the Bonds from gross income for federal income tax purposes, that the Bonds are not specified "private activity bonds" within the meaning of Section 57(a)(5) of the Code and, therefore, the interest on the Bonds will not be treated as a preference item for purposes of computing the alternative minimum tax imposed by Section 55 of the Code (however, a portion of the interest on the Bonds owned by 16 Res. No. R-48-07 corporations may be subject to the federal alternative minimum tax which is based in part on adjusted current earnings); and (d) Deliver to the Bank an opinion of the City Attorney, satisfactory to the Bank, regarding the due authorization, execution, delivery, validity and enforceability of the Bonds, the Agreement and the due adoption of this Resolution and the 1988 Resolution (enforceability may be subject to standard bankruptcy exceptions and the like); and (e) Deliver to the Bank one or more certificates of the City in form satisfactory to the Bank certifying, among other things, that the City is in compliance with the term of the 1988 Resolution. SECTION 13: COVENANTS OF THE CITY. The City hereby covenants to comply with the terms and provisions of Part I, Section 4.G of Article III, of the 1988 Resolution, as certified by the City in writing and delivered to the Bank prior to the issuance of the Bonds. In addition, the City reaffirms and acknowledges that all of the covenants set forth in the 1988 Resolution applicable thereto, apply to the Bonds authorized to be issued pursuant to this Resolution, except those relating to a debt service reserve account, Bond Insurance and any Reserve Account Credit Facility Substitute. The Combined Public Utility Revenue Fund, the Water and Sewer Sinking Fund, the Water and Sewer System Renewal, Replacement and Improvement Fund and the Pledged Impact Fund, all created and established under the 1988 Resolution, and the separate accounts therein shall be continued and maintained as provided in the 1988 Resolution as long as any of the Bonds, issued pursuant to the terms and provisions of the 1988 Resolution and this Resolution are Outstanding; and the payments required to be made from the Revenue Fund into the Interest Account, Principal Account, and Bond Redemption Account, shall be adjusted so as to provide 17 Res. No. R-48-07 the amounts necessary to pay the principal of and interest on the Bonds issued pursuant to this Resolution, in the amounts, at the times and in the manner provided in the 1988 Resolution and this Resolution. The City will continue to pay into the Water and Sewer System Renewal, Replacement and Improvement Fund and Pledged Impact Charge Fund, if applicable, from the Revenue Fund as long as any of the Bonds issued pursuant to the terms and provisions of this Resolution and the 1988 Resolution, or interest thereon, are Outstanding and unpaid, the amounts required to be deposited therein pursuant to, and in the manner provided in the 1988 Resolution and the moneys in the Pledge Impact Charge Fund, if any, and the Water and Sewer System Renewal, Replacement and Improvement Fund shall be used only for the purposes provided for in the 1988 Resolution for such funds. SECTION 14: APPLICATION OF BOND PROCEEDS. All moneys received by the City from the sale of the Bonds originally authorized and issued pursuant to the 1988 Resolution and this Resolution, shall be disbursed as follows: A. $3,700 shall be paid to the Bank's counsel, unless such amount has been netted from the proceeds of the Bonds. B. The balance of the proceeds derived from the sale of the Bonds shall be applied by the City to pay any other costs of issuing the Bonds and to finance of all or a portion of the 2007 Project. SECTION 15: REDEMPTION PROVISIONS. The Bonds are subject to optional redemption in whole or in part at any time at a redemption price equal to 100% of the principal amount of Bonds to be optionally redeemed plus accrued interest to the applicable redemption date. 18 Res. No. R-48-07 Such optional redemption shall be accomplished by paying to the registered holder all or part of the principal amount of the Bonds, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such redemption. Each prepayment shall be made on such Payment Date and in such principal amount as shall be specified by the City in a written notice delivered to the registered owner not less than two (2) Business Days prior thereto. Notice having been given as aforesaid, the principal amount stated in such notice, together with accrued interest, or the whole thereof, together with accrued interest, as the case may be, shall become due and payable on the prepayment date stated in such notice; and the amount of principal, together with accrued interest, shall be paid (i) in case the entire unpaid balance of the principal of the Bonds is to be paid, upon presentation and surrender of the Bonds to the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department), and (ii) in case only part of the unpaid balance of principal of the Bonds is to be paid, upon presentation of such Bonds at the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the amount of principal then paid or for issuance of a replacement Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all of the Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the principal, together with unpaid interest accrued thereon, without surrender of the Bonds. If, on the optional redemption date, funds for the payment of the principal amount to be prepaid, together with unpaid interest accrued thereon, shall not have been provided to the Paying Agent, as above provided, the principal amount of the Bonds shall continue to be Outstanding and to bear interest until payment thereof at the Interest Rate. 19 Res. No. R-48-07 Any partial redemption shall be applied to the installments of principal on the Bonds in the inverse order of scheduled payment and shall not postpone the due dates of, or relieve the City, from paying the adjusted amounts of, any scheduled installment payments due hereunder. SECTION 16: 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, 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. All actions heretofore taken and documents prepared or executed by or on behalf of the City by any of its authorized officers, in connection with the transactions contemplated hereby, are hereby ratified, confirmed, approved and adopted. SECTION 17: 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 18: 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 19: EFFECTIVE DATE. That this Resolution shall take effect immediately upon its passage. 20 Res. No. R-48-07 PASSED AND ADOPTED in regular session on this the 4th day of September, 2007. CITY OF DELRAY BEACH, FLORIDA By: Mayor Attest: City Clerk The foregoing Resolution is hereby approved by me as to form, language and execution this 4th day of September, 2007. By: City Attorney Date of Adoption: September 4, 2007 21 Res. No. R-48-07 EXHIBIT A BOND PURCHASE AGREEMENT THIS BOND PURCHASE AGREEMENT (the "Agreement") dated September , 2007, by and between Branch Banking and Trust Company, a banking corporation organized under the laws of the State of North Carolina (herein the "Bank") and the City of Delray Beach, Florida, a municipal corporation of the State of Florida (together with its successors and assigns, the "City"). WITNESSETH: WHEREAS, pursuant to the Act, as such term is defined in Resolution No. 36-88, as amended and supplemented by Resolution No. 39-88, as further amended and supplemented (collectively, the "1988 Resolution"), adopted by the City Commission of the City (the "Commission"} on June 28, 1988 and July 12, 1988, respectively, and pursuant to Resolution No. R-48-07, adopted by the Commission on September 4, 2007 (herein, the "2007 Resolutions" and together with the 1988 Resolution, the "Resolution") the City authorized the issuance of not to exceed $9,000,000 in aggregate principal amount of City of Delray Beach, Florida Water and Sewer Revenue Bonds, Series 2007 (the "Bonds"); and WHEREAS, any capitalized term used in this Agreement and not otherwise defined shall have the meaning ascribed to such term in the Resolutions; and WHEREAS, the Bank has reviewed the Resolutions and hereby finds the terms acceptable; and WHEREAS, on this date, the City has, pursuant to provisions of the Act, the Resolutions and this Agreement, agreed to issue and sell to the Bank and the Bank has, pursuant to the terms of this Agreement and the terms and provisions of the Resolution, agreed to purchase, all but not less than all, of the Bonds; and WHEREAS, the City and the Bank have heretofore negotiated the terms of the Bonds and the Resolution and by execution of this Agreement each will have confirmed that such are acceptable. NOW THEREFORE, the City and the Bank hereby agree as follows: 1. Purchase and Sale. Upon the terms and conditions set forth herein and in the Bonds and the Resolutions and upon the representations and warranties of the City set forth in the Resolutions, the arbitrage tax certificate and other closing certificates, the City agrees to sell on this date the Bonds on a negotiated basis to the Bank and the Bank agrees on this date to purchase, with immediately available funds, all but not less than all, of the Bonds. The purchase price for the Bonds shall be $9,000,000, which purchase price is equal to the principal amount of the Bonds. Since the dated date of the Bonds is the date hereof, there will be no accrued interest as part of the purchase price. A-1 Res. No. R-48-07 2. Private Placement Negotiated Sale. The Bank hereby acknowledges that the purchase of the Bonds from the City was on a negotiated private placement basis and that there has been no offering document prepared by the City in connection with such sale. 3. Conditions for Purchase. The Bank's agreement to purchase the Bonds on this date is subject to the satisfaction of the conditions set forth in Section 12 of the 2007 Resolution. The Bank's purchase of the Bonds will constitute full evidence that such conditions have been satisfied or waived. 4. Section 218.385 Florida Statutes. On or before the purchase of the Bonds, the Bank has provided the City with the disclosure and truth-in-bonding statements required by and in accordance with, Section 218.385, Florida Statutes, as amended and supplemented. The above-referenced statements are attached to this Agreement as Schedule A. 5. Expenses. As between the City and the Bank, the Bank shall not be liable for any expenses incurred by the City in connection with the issuance of the Bonds. The Bank represents to the City that it has not employed or used the services of any attorney or other professional in connection with the Bank's negotiations with the City and its purchase of the Bonds other than Holland & Knight LLP, which fee, in the amount of $3,700 shall be paid by the City. 6. Effectiveness. This Agreement shall become effective upon the execution by the appropriate officials of the City and the Bank. 7. Headings. The headings set forth in this Agreement are inserted for convenience only and shall not be deemed to be a part hereof.. 8. Amendment. No modification, alteration or amendment to this Agreement shall be binding upon any party until such modification, alternation or amendment is reduced to writing and executed by all parties hereto. 9. Governing Law. The laws of the State of Florida shall govern this Agreement. 10. Counterparts. This Agreement may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto were signatories upon the same instrument. [Space Left Blank Intentionally] A-2 Res. No. R-48-07 IN WITNESS WHEREOF, the City and the Bank has caused this Agreement to be executed by its respective duly authorized officers all as of the date hereof. BRANCH BANKING AND TRUST COMPANY By: Title: (SEAL) Date: September , 2007 CITY OF DELRAY BEACH, FLORIDA By:_ Title: (SEAL} Date: September , 2007 A-3 Res. No. R-48-07 Schedule A September _, 2007 City Commission City of Delray Beach, Florida Delray Beach, Florida 33444 Re: $9,000,000 City of Delray Beach, Florida Water and Sewer Revenue Bonds Series 2007 To The Honorable Mayor and Commissioners: This letter shall serve as the disclosure statements and truth-in-bonding statement pursuant to Section 218.385, Florida Statutes, in connection with the award of the above-referenced bonds (the "2007 Bonds") to Branch Banking and Trust Company (the "Purchaser"). We represent to you as follows: 1. No management fee will be charged by the Purchaser. 2. The Underwriting spread which the Purchaser expects to realize will be -0-. 3. No fee, bonus or other compensation will be paid by the Purchaser in connection with the issue of the 2007 Bonds to any person not regularly employed or retained by the Purchaser. 4. The City of Delray Beach, Florida (the "City"), is proposing to issue up to $9,000,000 of debt or obligation for the purposes of financing certain additions, extensions and improvements to the City's combined public utility systems, and other costs associated therewith. This debt or obligation is expected to be repaid over a period of approximately 171 months. At an interest rate of 4.41 %, the total interest paid over the life of the debt or obligation could be as much as $3,983,553. [BB&T to Confirm] The source of repayment or security for this proposal is the Net Revenues (as defined in the resolution authorizing the issuance of the debt or obligation). Authorizing this debt or obligation will result in up to $12,983,553 of Net Revenues not being available to finance or refinance other capital projects for the City's Combined Public Utility in calendar years 2007 through October 1, 2021. Very truly yours, BRANCH BANKING AND TRUST COMPANY By:_ Name: Schedule A Res. No. R-48-07 EXHIBIT B FORM OF BOND No. R- $9,000,000 UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF DELRAY BEACH, FLORIDA WATER AND SEWER REVENUE BOND, SERIES 2007 Interest Rate Maturity Date Dated Date 4.41% October 1, 2021 September _, 2007 REGISTERED OWNER:---BRANCH BANKING AND TRUST COMPANY PRINCIPAL AMOUNT:-------NINE MILLION DOLLARS($9,000,000.00)----------- KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach (the "City") in Palm Beach County, Florida, for value received, hereby promises to pay from Net Revenues (as such term is defined in the herein defined 1988 Resolution), to the Registered Owner specified above or registered assigns on the Maturity Date specified above or earlier upon mandatory or optional prepayment as provided below, the City's Finance Department or (if so determined by the City) the designated trust office of the bank or trust company appointed by the City to act as paying agent (said City's Finance Department or such bank or trust company and any bank or trust company becoming successor paying agent being herein called the "Paying Agent"), the Principal Amount outstanding from time to time and not previously prepaid with interest thereon at the stated interest rate calculated on the basis of a 360-day year of 12 thirty- day months, on each Payment Date in the manner specified in the within described Bond Resolution. The interest rate on the Bond may be adjusted as provided in the Bond Resolution (as herein defined). The principal amount and accrued interest thereon is payable in any coin or currency of the United States of America, which, on the date of payment thereof, shall be legal tender for the payment of public and private debts. This Bond is authorized to be issued in a principal amount of $9,000,000 under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including, particularly, Chapter 166, Florida Statutes, as amended and supplemented, the Charter of the City of Delray Beach, Florida, as amended and supplemented, and other applicable provisions of law (the "Act"), and Resolution No. 36-88 duly adopted on June 28, 1988, Resolution No. 39-88 duly adopted on July 12, 1988, as amended and supplemented to date (the "1988 Resolution") and Resolution No. R-48-07, adopted on September 4, 2007 (the "2007 Resolution" and together with the 1988 Resolution, the "Bond Resolution"), as such resolutions may be further amended and supplemented from time to time, and is subject to all terms and conditions of said resolution. Any term used in this Bond and not otherwise defined, shall have the meaning ascribed to such term in the Bond Resolution. It is hereby certified and recited that all acts, conditions and things required to exist, to happen, and to be performed, precedent to and in the issuance of this Bond exist, have happened B-1 Res. No. R-48-07 and have been performed in regular and due form and time as required by the Laws and Constitution of the State of Florida and the Charter of the City applicable thereto, and that the issuance of this Bond, is in full compliance with all constitutional or statutory limitations or provisions. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution until the certificate of authentication hereon shall have been signed by an authorized officer of the Registrar. This Bond shall bear interest at the Interest Rate, as such rate may be adjusted in accordance with the terms of the 2007 Resolution. Interest shall be payable on April 1, 2008, and each October 1 and April 1 thereafter and principal on the Bonds, unless prepaid, shall be payable on each October 1 in the amounts set forth below; provided that if such date is not a Business Day, the payment shall be made on the next succeeding Business Day (each a "Payment Date") and interest shall continue to accrue until the payment is received by the Owner. The principal of and interest on the Bonds shall be secured solely by the Net Revenues. Principal Date Amount 2008 $ 190,000 2009 200,000 2010 210,000 2011 210,000 2012 220,000 2013 230,000 2014 240,000 2015 940,000 2016 980,000 2017 1,020,000 2018 1,060,000 2019 1,110,000 2020 1,170,000 2021 * 1.220.000 Total Final maturity The City may prepay this Bond in whole or in part, at any time or from time to time, upon payment of the principal amount of the Bonds to be redeemed, by paying to the registered holder all or part of the principal amount of this Bond, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Each prepayment shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the registered owner not less than two (2) Business Days prior thereto. Notice having been given as aforesaid, the principal amount stated in such notice, together with accrued interest, or the whole thereof, together with accrued interest, as the case may be, shall B-2 Res. No. R-48-07 become due and payable on the prepayment date stated in such notice, which shall be a Payment Date; and the amount of principal shall be paid (i) in case the entire unpaid balance of the principal of this Bond is to be paid, upon presentation and surrender of such Bond to the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department), and (ii) in case only part of the unpaid balance of principal of this Bond is to be paid, upon presentation of such Bond at the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the amount of principal then paid or for issuance of a replacement Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all of the Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the principal, together with unpaid interest accrued thereon, without surrender of this Bond. If, on the prepayment date, funds for the payment of the principal amount to be prepaid, together with unpaid interest accrued thereon, shall not have been provided to the Paying Agent, as above provided, the principal amount of this Bond shall continue to be Outstanding and to bear interest until payment thereof at the Interest Rate. This Bond shall not be and shall not constitute an indebtedness of the City within the meaning of any constitutional, statutory, charter or other limitations of indebtedness but shall be secured solely by the Net Revenues. No Holder of this Bond shall ever have the right to compel the exercise of ad valorem taxing power of the City, or taxation in any form of any real property therein to pay the Bond or the interest thereon. The applicable terms and provisions of the Bond Resolution are incorporated in this Bond as though such terms and provisions have been set out in full herein. IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this Bond to be signed by its Mayor, either manually or with his facsimile signature, and the seal of the City Commission of the City of Delray Beach, Florida, to be affixed hereto or imprinted or reproduced hereon, and attested by the Clerk of the City, either manually or with her facsimile signature, and this Bond to be dated the Dated Date set forth above. (SEAL) CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Mayor By: Clerk of the City of Delray Beach, Florida B-3 Res. No. R-48-07 FORM OF CERTIFICATE OF AUTHENTICATION Date of Authentication: September _, 2007 This Bond is the Bond delivered pursuant to the within mentioned Resolution. CITY OF DELRAY BEACH Finance Department, as Registrar By: Authorized Officer B-4 Res. No. R-48-07 ASSIGNMENT FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto (please print or typewrite name, address and tax identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: In the presence of: NOTICE: The signature to this assignment must correspond with the name as written upon the face of the within Bond in every particular, without alteration or enlargement, or any change whatever. WPB 381713387v8 016787.012000 8/29/2007 B-5 Res. No. R-48-07 ~k MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: AUGUST 28, 2007 SUBJECT: AGENDA ITEM # 1 ~ ~1-REGULAR MEETING O SETTLEMENT OFFER IN SEME V. CITY CASE ITEM BEFORE COMMISSION The Plaintiff in the case of Nuance Seme v. City of Delray has offered to settle this case for $72,000.00, inclusive of attorney's fees and costs. BACKGROUND This case arises out of an auto accident that occurred on November 30, 2005. The Plaintiff was traveling west bound on SE 4"' Street and was stopped at the intersection of SE 4~' Street and Swinton Avenue when she was rear ended by a City employee driving a front end loader. The Plaintiff has had one surgery on her upper back, but still complains of pain. Plaintiff has sustained medical expenses, to date, of $84,859.90. Plaintiff has also asserted that due to her injuries she will incur future medical costs. FUNDING SOURCE RECOMMENDATION Approve the settlement offer subject to the receipt of the appropriate releases. cc: Chevelle Nubin, City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~~~ DATE: AUGUST 31, 2007 SUBJECT: AGENDA ITEM # ~ • APPOINTMENT TO THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Historic Preservation Board. BACKGROUND The term for Mr. John Miller will expire on August 31, 2007. Mr. Miller 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. These requirements have been updated to reflect current code requirements. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five seats on the Board with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. An appointment is needed from one of the professions noted above to complete the five (5) required professional seats. 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 Matthew Grabham who has noted that he is registered in the United Kingdom. The Supervisor of Elections Office has stated that Mr. Grabham is not registered in Palm Beach County. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve a two (2) year term ending August 31, 2009. RECOMMENDATION Recommend appointment of one (1) regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2009. HISTORIC PRESERVATION BOARD EXHIBIT "A" Applicants with experience in the professions required: James Borsos Planner (also applying for the Site Plan Review & Appearance Board) Ronald Brito General Contractor-President (also applying for the Site Plan Review & Appearance Board) Shannon Dawson Real Estate (also applying for the Site Plan Review & Appearance Board) Matthew Grabham Director of Product Management-Engineering Background Jan Kucera-Winney Realtor Pearl Markfield-Elrod Real estate (also applying for the Site Plan Review & Appearance Board) Dale Miller Interior Designer-President Donna Monroe Interior Design Consultant-Self employed business owner Karen Preston Historical Society Director-Preservationist Jeffrey Silberstein Self-employed Architect - Owns a business in a Historic District Samuel Resnick Retired-Code Enforcement/Engineer (also applying for the Site Plan Review & Appearance Board) HISTORIC PRESERVATION BOARD 08/07 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 Reappt08/15/06 1111 Thomas Street Home: 272-1898 Delray Beach, FL 33483 Fax: 278-9533 08/31/2009 Vacant 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 o9/19/06 14 N. Dixie Blvd. Booking Office: 274-6227 Deka Beach, FL 33444 Layperson Cell: 441-5527 08/31 /2009 Rhonda Sexton Interior Design Home: 499-2293 Appt08/21/07 2439 SW 35~' Avenue Office: 276-3660 Delray Beach, FL 33445 Cell: 445-0660 Fax: 276-6244 08/31 /2009 JoAnn Peart Self employed Office: 272-1400 Appt08/16/05 107 NW 9~' Street La erson Home: 276-8968 Reappt08/21/07 Delra Beach, FL 33444 Fax: 276-6709 Contact: Denise Valek X 7041 S/City Clerk/Board 07/Historic Preservation Boazd __~~.f_.,ti~ __._~ __~ __ __ ~~ :iii Vf LH~JLGrr11LL r~-;~~L ~~_ 04/11/07 ~vx o~:ls FAa se124»77~ C1TY CiBRI[ ~aVV~ TTZ-T~ ~,?°~ +~° '~ } ~ `~o~ CITY OR D~LRAY BRACH ~~~~ ~ BOARD MEMBEl~ APPLICATION R ~~~~~ ~~ ~ C'~~~ Zoo, l l ~~ _ ...~ _~_. ~L_ `n.._.. ,..t .:.,..- ~/ ~3/fig i r 1. Last Namc: --- ~ ~ RS o5 Namc ~Rr+~t L S ~ L~ 2 xo~t Addmsa:2 3 ~ u E 2r sf S1eE~r City DC~ aA~ B{~~t+ ~ L ~~yy y 3. Leal Rcaidcaoc: 5 ,r.rt ~ Ciry Stacy ZiP Cods 4_ Ptiacipal Bwgaeas Address 3800 ~vtlBrCti4,t• t~r~/F City (~upFtH/GL State (`L ZiP Cods 3~3i 9 5. Home Phone: s"G/-90b-~yY9 Btia~ness Phone: 45'Y-730'3ob9 E-Mail Address: 'rA\bocsose~la~~•(i Cdi Phoac S6/-906-7y~/ Fu: 9SY-~J~-299J G, Date of Birch -~y-sG 7. Azt you a registered votttr' If ao, ~ahece are you re~steced? r5 / 6o N, Sw: ~~v /F~~ Ar.+ s enc/~~a 8. W!u<t Board(o) are you interested m saving? Please list in otda of prefeceaca SP4~B / NN;,v a,.t,~~- ` g~c rs7i.•c. OQiS ~v~~..~ e3o~D 9. Liao all City da an which you as ~vrcarstly servatg ar brave Pcerioualy served: (PLe.sc a~clorle dais) ~ ~k 1 ~. P.3ucatiuaal quaB.Hcadous~ A " srt d Onrl~r ~~ ~ ~ ~~~ E~v~t oFA~t r~r-7~~ %C?'7i i~r 1 i. 7~st any related pmfcsaioaal certifioatioas and !><caaca which you hold ~ s F sf i ~~rvrE~ ~ ~cP~ • 12 Give your present, or most recent exaplayer, nad poaitioa: o c ,~ ~ a4 13_ Dderibe esperler,ces, alrilh cu kao~vledge which qu~ify -ou m setsre on this board (Please amch t bcicf t+esrrme) _ O ~ F lAAriIV~- P QrGN[~ I hetebp certify that all the :boot atatrateats ut true, and 1 agree and ttndesstand that nay enisats.tmamt of material f~us coetaiaed in this spp4~.aon may Caws 6osCYStrtre upon mp pact of ary appaoirrt:aant I may tt:oeivt ~?_/a -O 7 SIGN Dui1L Nott: -Thin spp[icsuoa wc71 zrrmaan oa fiLe is the City C~er~'s VfSoc ftx a peaod of 2 years Erorn the date it was subtaita~d It wt11 be the applicant's rteponatbiktp to ensure chat a co=rral appkcxtioa u oa file.. _ _ ; t _~; . _ ! r _ _ _.1 _ _'~r r ._ _ _ _ rl .l 1 1 L~f Liti! ~L'Gf'.fl1 LL rry~]G ! 1 _i James E. Benos, MB,e-, AICP 239 Northasst 21" Street (361) 906.7449 Detra Beach, Florid: 33444 jimboraos~hot®alLcom „___ 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, parlc9 and industrial developments... Development Review Committee member, Community Appearance Board member, Technical Advisory Committee member, Planning 8t Zoning Board and City Commission present8tion.4 Edr+canorr Nova University; Doctoral of BusinessJPublic 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 knowledge Prat~s~onal F..s~er~i~cac 2005 -Presort City of Lauderhill, Florida ' Entire city-wide site plan and site plan modification reviews Experience includes over 830 new residential utits in 2 year period ' 110-acre Central Broward Regional Park and City park site plans ' Mixed use review, building permits, and all occupational licenses 2043 - 2045 City of Delray Beach, Florida ' Site planner revievring primarily site plan modifications for urban residential projects and downtown restaurant conversions * Historic preservarion planning exposure Architecture, landscaping and parking 1999 - 2003 Land Design South West Palm Beach, Florida ' ' Eminent domain land planning emphasis for the FDOT: ' State Road 7 from the Dade-Browned County lice 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 fend needs market studies in Palm Beach County 1982 - 1997 CareerPro, Boca Raton, Florida • National Operations Manager, $1 S million service company '~ 500-office nationwide resume writing and personnel service ' Nationwide leading sales executive management Professio~a! ~lssociat+io~rs 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 ~ ~,~;~~~ ins , ~~~~~ i . _~~~~~, ... ,~. i. _ -.~=+; ra~_. !,. i _!~+a~-~i!,. r - ~~~ ~tc~vo ntV vo: i~ P!L.i 001L{JJ~ li 1:11Y l.'1..t2(!1 ~o~~ o~w-Y BFwcH R~G~IV ED "~'~~- 2006 ~ ~ CITY OF DELRAY 6EACIi ~~~' i ® BOARD MEMBER APP~ICATtA~~Y ~L~R~ ~ 993 2007 ~ (~ ~ PIG35C LVDG Of Dr111t the follnmtnv infnrm~~~nn- ~~2 /~ 1. Last Name: ~~ ~ v Name ~O R CLI OC.- uv M.1. ;. Home Address: 1 9 8 `vE Z~ t~ }~ V2~ Gty So n ~n Bt~Q~I.~ State ~ Zip Code 3. Legal Residence. City- ~ State 3 3 Zip Code Sa rr~ -~ 4. Principal Business Addzcss_ City Sute `Lip Code ZSSq Webb eve ~Z Del---a Y 8~ ~v r-~- 33~~~- S. Home Phone: Business. Phone: E-I~iail Address: Cell Phone: Fag: 5ior-73~- a$Z8 Flo!-Z79-03~~ e~iWork ®ct,ol. 5(ol-3so -orb ~~-Z~9-o33 h. Date of Birch 7- Arc you a registered voter? If so, .vherr arc you rcgisnrcd? ~ ~ Z - ~ (o YES ~trt'bn ~Se~ c1~ ~ F"~ 6. What Bozed(s) arc you interested in serving? Please list in order of preference: (S'~O ~ i C ~ ~ ~~eSCY ~t1.. ~O~ ~a ~ aL ~'' 9. list all Cig* 13o1rds on which you are cuacndy serving or have Previously setvrd: (PIease indudc atesl C r 80ar o 1 - o0o Zoo Z. 10. J:duczdotnl qualifications: I r S 1 ]. List arty related professional c~r[iliications and ticcnsc, vrhich }*,aa hold CbG-o4~~'Sro Florials- 3$ ~} ~ CQ1; rn;~ o~ 3~iZ U•5. lTr ;n. !s X111 3 air e. C7B-~ c,ra~ Con-~'.~.,o'~o r' ~ iCe hSc S 1? Gi.~e your present, or mQSt reCCnt employes. and position: r r r r G• rG +~ -t 13. Describe experiences, slalLs or knowledge which 9ualify ton co sen+e on this board: (Pl~tc attach a brief resume)) O r r c. >b.~o ra e n d n ~ C erG I a 1 aid res~den+,'g.~ - Did ~~ re~~Q-}~'o„ of Sctndowuy tJa}vre. Ceh•}•cr us YQ~SOJS res%dent~'a- r~s+or`~~-i'ons I ereby certify there all dte abavc statemcn a true, and I agcu and undttstand that any misstztcmCat of taatetial Eacts concuned in this application cause feiture upon nip part of aziy appointaienc I IIla receire_ -- y 7 ~ ~ SIGNAT[7Rfi DA-~ ~r - _ •r rtL j ...,«_ . ,. uf.ru._suvu wui ,.~.,~~~ vu rue 1a i[ie airy LLerli s Bruce for a penod of L yCdtS Prom Che date it was submitted. It wlll be the appli~anL's responsibility to ensure that a current application. is on file. RON BRITO, GENERAL CONTRACTOR I98 S.E. 27`h Avenue Boynton Beach, Florida (56I) 441-1767 WORK HISTORY: 1965 -1979 Fourteen years as a framing and finish carpenter in Riverside, Sctn Bernardino and Laguna Beach, California. Production framing on several multi family complexes, hvz~.sing tracts, and High quality custvm_finirh work Seven years us Carpenter, rn~o years as Leadnutn, 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 jive years subconh•ucting and running framing, siding, trussing, floor jointing, and slain installation on muhi family complexes from large contractors. During this time, I contracted new single-family homes, additivns, remodeling, commercial roofrng, and evmmercial tenant improvements. 1483 - 1985 Job Superintendent on custom housing in the Nashville, Tennessee area for one year. Subcontracting framing, trussing, and siding jvbs for the next ltivo years. 1986 -1989 LICENSED GENERAL CONTRACTOR/FLORIDA Lic. CGC-047369 Worked at "The Township" as Punch-Out Foreman for one year: Worked for David Jvnes Construction ut Gleneagles, Polo Club as Lead Carpenter and Foreman for one year on 32 eight Alex wood jrame multi family units. Worked for Davis Brothers as Superintendent ors Brighton Lakes irs Boynton Beach, building 36 tivood frame duplexes- Constructed custons housing from ManalCtpall !O .St. Andrews, Boca Raton. Recei>>ed General Contractor's License irs February 1989. 1989 -1991 LICENSED GENERAL CONTRACTOR/U.S. VIRGIN ISLANDS Lic. Z-01392-92 Traveled to St. Croix after Hurricane Hugo for S days to brirsg supplies and help restore power and water to units of condominiums for a friend. Agreed to come buck to restore rn~o houses. Restored fourteen residences, tH~o commercial buildings and six rental units- Also completed work in St. Thomas and St_ John on custom homes. Acquired General Contructor's License in the Virgin Islands in February 1990. Returned to Florida in July o_ f 1991 and began new additions and remodeling projects. r1 fter Hurricane Andrew, I opened a field office in Miami for restoration work My Miami o_ffce completed 16 residential restorations and about 32 ruu~ng projects. RON BRITO, GENERAL CONTRACTOR Page 2 1992 -1993 Was asked to take over operations of Falkav Construction as General Mgr. and to qual~y the company. Falkav Construction was, at that time, under conlruct with the City of Delray Beach for the new Tennis Center (2.S million-dollar contract) and was engaged in school projects for districts ,from Lake Wortlz to Miami-Dade County. Although, after a thorough research, I decided not to qualify Falkav, I brought the Delray Tenrzi.s Center to substantial completion in time. for the Virginia Slim Tournament, and all of the school jobs were in line. 1994 -present O-~nzer and Presiden[, Enterprise Conn•actors, Inc. Enterprise has completed many local residential and commercial projects since it 's inception, including new corrstrrrctiorr, additions, remodeling mzd historical renova[ions (such as the Sandoi+~ay House Nature Center in Delray Beach). In August 1995, I was appointed !o the Construction Board of Appeals in Delray Beacl:, arzd I was the Board's Director. fora 2 year term. I'm still serving on [he hoard for 21103 to 2D(1~ PERSONAL HISTORY: I am 57 years old, married, and have four children. I have two years of college, majoring in Business Management. 1 am ern active member of my church (SDA), where I have been a Deacon for 14 years and um 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 I am a member of the Architectural Review Board.for the Vernon Heig/zts Property Owners' Association. I am also a 18 year rrrember- of A.A. and am active on several committees. Tennis, surfrng and jogging are my favorite pastimes. DELRAY BEACH r i o~ r o e CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 2001 Please a or riot the folio information: .~. ,4~c F/~ y~ ~o~ ~~9 ~~/~9 1. Last Name: 0. S Name Sh0.nn~!'1 M. I. ~. 2. Home Address: A~, O~ SE "1 ~Vt11uc. Ci~t T~~ ~.~-~'l. State ~.. Zip ode 3. Legal Residence: °S21 IJ. Su~~n~rt i~~ex+~ City 'jaet~.~ ~ead~'t State '~- Zip Code 3'.~`1~{ 4. Principal Business Address: 1 `13 O S. Ftdera 1 1~ u~y X311 City ~c ~+r~•.) $~F1 State ~. Zip Code 33~ffi 5. HPme Phone• 51,o1-Z~ ~2~~ Business Phone: g5'~1-~i"n135 E-Mail Address: ~+L'.ar~iccz~ Cell Phone: ~5~~'7L`~-oI3S Fax: 5(ol-5Zco-JOCo'j 6. Are you a registered voter? ~~ If so, where a our ' tered? ~Q ~ ~~ - n•~~f 7. What Board(s) aze you interested in serving? Please list in order of preference: ~ ~Or+i d H'igtpri c f"~rtScXva-}t'c~l ~t~~d ~ ~~C~oc,~~. ~~tlop~.nt' ~-~- ors+~ 8. List all City Boazds on which you aze currently serving or have previously served: (Please include dates 9. Educational qualifications: t e ~x'it~n r~ i 10. List any related professional certifications and licenses which you hold: FS'Y~~. ~e5or~- ~~ Scco~n,.d Ma,,ks~'s 11. Give your present, or most recent employer, and position: Se t enc 'R E owr,c,Y o~ "G25tincl-lriortis'= EaCCIuS~VL ~opu~kieS ~~ tn.'f" 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) • kL2. ~~ri I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts co m this appli n may cause forfeiture upon my part of any appointment I may receive. ~zo ~1CJNA"1'UK~; DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 pears from the date it was submitted. Ii will be the applicant's responsibility to ensure that a current application is on file. S!C'1't'YCLERK1BflAADUPPLA'AT[nN Shannon Dawson Residence: 450 N. Swinton Avenue, Delray Beach Business: 1730 S. Federal Highway #311, Delray Beach ShannonDawson@Comcast.ner Ph. (954) 729-0135 Fax (561) 526-1067 Summary of ~~ ~~ Qualifieations• Continuous research of local, state wide, and national real estate market trends. • Helping clients achieve their real estate investment goals & objectives based on budget, timeframe, hifestyle, financial goals and 'investment portfolio. • Studying various aspects of real estate law on a continuah basis. • Extensive experience handling client negotiations and assisting clients with real estate transactions. • Assisting out-of--state clients with the purchase and management of vacation properties throughout Palm Beach County. • Skilled at learning new concepts quickly, working well tinder pressure, and communicating ideas effectively. • Extensive computer training, Internet research and marketing. Enthusiastic Delray Beach resident with strong community spirid Real Estate Sales Associate 2004 Licenses: State ofFlodda, Department of Business and Prnfessional Regulation. CertiScations: Resort and Second Home Market Specialist ~~ iFREC /Florida Real Estate Commission Education B.5. Degree in Biok-gy 2001 Florida Atlantic University, Boca Baton, FL Graduated Magna cum laude with 3.7 G.P.A. I7lorida Atlantic University Medical Scholars Program 2001 University ofMiami School ofMedicme, Completed one semester of Medical School as an Undergraduate via Satellite. _.___ ___ Career History & Accomplishments Real Estate Investment Specialist, Exit Team Realty. 2004-2006 • 2004 "Rookie of the Year" Award- Achieved over j10,000,000.00 in real estate sales in first pear • `°I'op Sales Associate" Award- 2005 F"ust Quarter (out of 400 associates) • 2005 Florida "Rising Star" Award for outstanding performance and career potential (out of 10,000+ associates) Vacation Property and Management Specialist, Regenry Real Estate Services 2006 2007 • Assisting out-of-state clients with the purchase of vacation properties in Palm Beach County • Marketing and management of exclusive vacation properties __ _ __ Memberships & Al~tiations . Nationah Association of Realtors • Florida Assoaation of Realtors . Realtor Association of Greater Fort Lauderdale • Realtor Association of the Palm Beaches UELRAY BEACN _ l~~ ~ ~ CITY OF DELRAY BEA~ ~`~~ Q,~ ~ ~ BOARD MEMBER APPLICATION ~~~`Q~'`~ 1993 Cj~~`l ~ , 2001 ~' Please type or print the following information: v 1. Last Name: ~R/4Q~~~ Name M/4TT~t~ w M. I. 2. Home Address: 3so S~ ~~ ~ ~~ City .oc~r ~-~-, Sta e ~~ Zi Code 3~~ s3 3. Legal Residence: 3~o SC 7r~ /~~ City ~z~y /~ r'Y~7 State ~C- Zip Code .~34~83 4. Principal Business Address: Ste. Zoo 370/ F. A • ~!. aGVD, City Q©G~ /P~"~ ti State ~L Zip Code 33 ~ 3 r 5. Home Phone: Business Phone: q9S 6285 E-Mail Address: ratGhor„N•a.~'G~ oo. ~ Cell Phone: $c~3 39~/ Fax: 6. Date of Birth ~O/~ ~ c1~8 7. Are you a registered voter? If so, where are you registered? ~Ts-/S ~2r~ IJO !'fie ICI/ ~/LI /'fib /~/~G17UM ~Gyti 8. What Board(s) are you interested in serving? Please list in order of preference: ~-tlSi~2/c. 1~2~rY~'t~/~o~v 4o~-yep 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) 10. Educational qualifications: ~~~ /li/h~o~rfZ. Cd~277/ac~'l'E ~NE~I/~•~ilicZ-'2iA/G, 6, ,G K~Gr/a;e /~~t'jTo~vr4G G~-a/~7rG~-~'~ 11. List any related professional certifications and licenses which you hold: ~~~~~ ~ti•9~i~ 12. Give your present, or most recent employer, and position: F',~-co- .gMVtiei c.4S , D~2~~r-a~ o,F /~iLV~Ju~r tii~•vrfi~ ~~-~- 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) SST' ~i~~-Cfs~~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in application may cause forfeiture upon my part of any appointment I may receive. ~ 2Oo 7 SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 pears from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. Attachment to City of Delray Beach Board Member Application. Matthew Grabham 350 SE7th Avenue, Delray Beach, FL 33483 Person of knowledge, experience and judgment with an interest in Historic Preservation. Owner of property within Marina Historic District. Owner of Historic Property in Green Park, Bath, England. (Property is in a row of attached two hundred year old buildings, once home to the writer Jane Austen, author of Pride and Prejudice). Bath is a UNESCO World Heritage Status City. 2006 to Present Attended and offered comments regarding Historic Preservation to meetings of HPB, CRA, Pineapple Grove Mainn Street, West Atlantic Redevelopment Coalition, Planning and Zoning Board, City Commission. Attended meetings and offered comments to City consultants during proposed Historic LDR Design Guidelines review 2000 to Present Senior Management in Americas Division of Pace Micro Technology based in Boca Raton, FL. Key member of core team responsible for growing US revenues from zero dollars in 2000 to over $250 million in financial year 06/07. Product Design, Engineering Development and Strategic Planning 1995 to 2000 Technical, Managerial and Operational roles for Formula One Management Limited. On location N production and official timing responsibility at World Championship motor racing events in more than 20 countries across most continents. 1985 to 1995 • Technical, Commercial and Marketing roles for General Electric Company, UK and Siemens AG. • Design and development of communications networks DELRAY BEACH RE~E1V~[~ CITY OF DELRAY BEACH ~ BOARD MEMBER APPLICATION 7 ~ 2007 zooi i~i"~ CLERK Please a or Tint the followin information: ~ ~~v 1. Last Name: j1 Name ~ M. 2. me Address: ~ ~ ` ~~ C~ lam. Sta Z~p~ o~ 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: ~~ ~ ~ Fax: 6. Date of firth 7. Are you a registere voter? f so, where are you registered? 8. What Board(s) are you inter ted in serving? Please list in order of preference: ~ C--~ ~ ~,clj 1 ct. Amt- ~.~ ~3 S har ~ t ~rercf-ti~x-w- ~c l~''e `~ 51, ~. ~. List all City Boards on which you are currently serving or have previously served (Please include dates -__ Y l~~ 10. Educational qualifi-ca(~aons: 11 List any related professional certifications and licenses whi h you hold: ~t~^^ ~ ~--' ~-~, ~ ~2 ~~-r'.. mac, ~. 1 Give your present, or most_rencent employer, and -p-ositio{n~: ~p ~ ~ ^ ~ 12SC-t~~R C~~~7~-~`-~ Pr~.~Ccc~11'~ ~ ~~-~. ~~JC-Qi~S r Q.~ _ t 13. Describe experiences, skills or knowledge which qualify ou to serve on this board: (Please attach a brief res e) r~ cQrCc.cS Fc~~l?P~ ~fc-~t l~r 1--~-4r c.~ I hereby c that all the above statements are true; 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. ~ ~J ~v ~ L~ ~E 0.C C.7e~ 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. !m 6//u ~. ~ /_ . 08/OJ~OS R'ED Id:JJ FAY 5812dJJ77d DElftAY Bf~Ct1 cITF cLERH 0 uo_ ~~~~ A~11~1QICa~ ` CITY OF DELRAY BEACH ~EC~'. ``:_ ~~ BOARD MEMBER APPt_ICATtOH AEG - ~ 2005 ~ _ 7 993 C +..'.:;•.;)''°s ~~~~ 2001 Plcssc t oc zint the Eo]lo infoz~aon: `/ M c 1. Last Namc_ ~ ~ ~L ~- ~. ~~ Name ~ ~ ~ % T ~~ ~-- 2_ Home A • css: ,_ ~ ~' ~ ~~ ~ .~ Lam- _ ~ I/~S % ~f ~ y CG /L~~~-.. ~ ~ ~ St~,e . ~~l,G~ ~ ~ Zip_Code 7 e aidene~ 3 I City Scsrc Zip Codc . ~~ Yyj ~ .4_ Princip1lBusincssAddcrss: ~ Ci State Zip Codc '"~ / _ '~ ~~~~, .poi y~~~ ~ ~ ~~~r ~ %~-~ ~ C~C;~- ~ ~ ~~1 ~~ D- ~ S_ Homc phone: Bnsincss Phone: J~IvLai! AdylressJ _ /; Cell Phone F~ 56 f ~~j~7i .~6I ~'c7 7 ~~~3~-~,~1yf,~ ~•~ ~ ~ "GI ~1~7J~"~' ~~~ ~~•~~7/~ G_ 1~e you a Zeglstercd votes? ` .r _ l if so, where ue you. re~srrscdi~ ~ ~ G ' ~ ~~C. /\ t~..~ - 7 Wbitl3o~rd s~ arc oy~}ntacstcd in sccving? Plcisc lis[ in cdFt pzcfccrncc AvI Jc ~ r~ of 1~ ~ c~~ .,;• ; ^ -~.~~ ~~~ _ _ 8. List all City Hoazds on which you aLC cua.enQy servins or Gave previously sued: (Please include daces} Ed~carional oc 10_ List aIIy telatrd pzoEessio~ certifications a~d liceases which you hold 11. Give yonr pres~ o st rcce em pet, d posa~ocL j c~yaach a baeE csumc? 12 Describe 'ences, skills o o hicb yk you c~serve this l~r i, /'> . :9z.i 5 ~v~ ~ 4ki~i/% d~/~ ~ ~l~r~rs / ~~G~', ~~~~~= si?_ S<L! ~2~ S »~ ~~ /, ` /1 t ~ f . 1 ~ % L L li JJ ~~Ct' ' ~ ~ 5 ~/~ ~ ~~~ ~ !" ~ lii c>r,E. I hereby."~ tify ttzat all flit abovescacunents arc tiuc,znd 1 agzct and undeLStaod that wy mLSStacmicnC of matcnal facts ~/ . ~ sf- contain~ia this " P " tioa cusp use fozC turc upon my Qart of aay apPoin 1 may Lcc~°~ nRTE ~ ' SIG ATUR~ Note: 17us application Wi11 remain on Eilc is the City CIez3~s OEfice for z pciiod of 2 years from the dace it wss _ svbtnittc,d_ It fuill be the appGcwt.'s Lcspoanbility to cnsuic chat a cur~cnt application is o~ ~~,,,~, _ .~ RESUME FOR PEARL "BU-NNY" MA.RI~FIELD 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.START'ING 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! Ff;'I_q•1 1~•1.rtr,.~ r..-I Lr~-~_.i 9n lr ic. YHi_n 1t t U_I. `•r.l _~'~'~+~t r -"! H.-rq. r_t-t _t~t_t-, i~r~: i1F'19 h'_ DA-01i0S THt! 15:17 Fe3 5~12~3:177d CITF CLERK (~OO2 r C1TY OF DELRAY BEACH 8- ~ `~ ~ • ~, BaARD MEMBER APPI.iCATION REC~~~ - -is93 ~~ - zoo-t Please o= rint the folio ~ information: QUG 5 ~005 i- L:iJI LVAIIIC /i ~~ / Nacre / ~/ pv - _ 2 Home Address ~ 3 e I jl Reside - .f4 ~. _ g : nce - S.Z~i ~ Cites ~ ~~ ~6'Yj - State Zip Colo "~~~~~ycipal-I3u j ~SA~dckrs L~~ ~ C1tY /~ Star Zip Code S_ Home Phoa~ Dusine3s Phone: 11lvlaii Address: Cell phone. F~ ,~ 6 ~ 6. Ate you z ce~tc.reci votes? ~_ ~~' If so, where ale you =epst_er ~ " ~G ~° G ~ ~C,T ~0 .~ 7_ ~Jhzc Board(s) are you iucecesred is serving? Pl~uc list in order of pleErreuce: / "_Y~j ~2 _ 23_ List ail City Boards on wEiich you :ttc aiffcntly serving or have preciously served (Please include daces) 9. ur..ational qualtfic~tioas: tQ_ List any mlated prof io~l cestif cs~>Yoas and licenses which ~ou hplcL- i 11. Give goal presca or most recent employer, and position. ~ _ ~ al~~ ~. % P ~~ ~~ -- ' /' /r~J~~~~ 12 Desas~bc expctiencts, skills or lzaoavlcdttc whiff qualifyyou to serve on tiliis board: (Phase att>~ach a 6def resume) T hecebp crttifp that all [}te ahoQe s~tements are tzuc, and I agree and understand that aap misshatooncnc ofmatetial Facts coal ~ this zPplt o may cause forfeiture upon my pact oEang appointment I may.rr~.eiv~ GNAIURE DAZE Ioce; 2h>ts appllcarmn X111 _.-~^+~ on. file xa chc ~_Lty Cler3s's 0£fscc for a period of 2 yc-zzs Ixom rl~e dare is was s-r>tbnnittecl_ Ir mill be the applicant's rc~aastb~ity to ensus:e• that a. cvzz~nt applicntioa i on .file. S~Yr18R.~D0 ARO~APPtlC~'IIO H ~~ :, . ~ !' I'~=' >; :, ~~ DESIGN INC.i DALE MILLER A.S.I.D. PRESIDENT CREDENTIALS State of Florida License to Practice Interior Design ID 2413 ice President: ASID FSC {American Society of Interior Designers) 1996-7 Board 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 2000 AWARD:. Woman of Distinction: 1996 Soroptimists International AWARD: Junior League Designer Showhouse AWARD: Hospice/A.S.LD. 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 IItENSEO 01 STATE OF FLORIDA INTERIOR DES16N lIBC0213 UEIRAY BF„ACH . ~ p ~ o CITY OF DELRAY BEACH fl BOARD MEMBER APPLICATION 993 2 001 Please a or Tint the followin information: ~7 1. t ame: N e M.I 2. Home Address: ~' l- ity State Zip Code 3. Residence: r L ~ Ciry State 3. Zip Code 4. Principal Business Address: City State Zip Code .. S. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: - ' ~'-K=~3 ~ ~-~S-o3~ 6. Date of Birth 7. -Are you a registered voter? If o, where are you registered? -a3 -- ~.~ 8. What Board(s) are you intere st ed in serving? Please list in order of eference: ~ ~ 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) 10. Educa~r'onal qualifications: ~J O 11. List any related professional certifications and lic nses which yo old: ~ ^ C7 C_ ' v ~ C ~d ~ . .~ 12. Give your presen , or mossrecent e ployer, and position: ~~ i Describe experien . ,skills or k owled e whic. hAualify 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. `~ (~ 1 ~,~ 1 V~ ~SLl~i9-L- ~ - l '~ - ~ ~"I 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. ~- ~~ ct e,~c- ~ ~t ' • ~ ~a (C~g p~ l,~ ~ ~o ~ ~l ~-e~-c ~zc-~S o-rti o~~~_~ ~Y s~tH ~~~1~ ~~ ~ ciTY of D~~RAY BlJICH1u~ 1-2 2~~6 BOARD MlMBER APPl.ICAT ~1 ~~E~~ ® ~~ io ; Pieaee a or not the folio - information: ~'._o~ tl'P P w~K 1. Last Name: ~~~ ~ ~ n Name ~ M. I. 2. Home Address: City ~r Stare Sip Code 3. Legal Residence: City Stare Zip Code 4. Principal Business Address: 3 ~.G- tom' ~'. City .~ State t'L Zip Code 33yy 5. Home Phone-. Business Phone: 3- ~S'?7 E-Mail Address: Cell Phone: -Cw b Qaf ~ o~- osb~ Fns: ~ 6. Date of Birth 7. Are you a registered voter? If so, where are you registered? $_ What Board(s) arc you interested m nerving? Please list in order o£preference: 5~'Dr ~ r JG~ 9. List all City Boards on which you a.re cutrendy serving or have previously served: (Please include date.) 10 E ucational q li5 -o~t'~~JI ,~? ~~ ;fM ~ ~ ~ ~~ ~ t~ ^ J~~S 11. List any related professional certifications and licenses vcrhich you hold= 12 Give your present or st recent em foyer.; and sition: , 1 "Delta Z ~ }fir i al f - c ' r C r 13. Describe ezpcrirnces, skills or knowledge which qualify you to Serve „this board: (Please attach a brief resume) ` n r r ~ - h -n l I hecebp cett]fy char all the above eta care are tn~e, sad I agree and understand that any misstatement of materizl facts o~- ed in this appli ~on may cause forfeiture upon my part of any appointment I ,nay receive.- - ~1-g-o~ SIG23ATURE DATA. Nore_ T't-is application will rtxrtain on file in the City Cierlt's Office for a period of 2 pears from the date it v+as subtnitted_ lc will be dte applicant's responsibility to ensure that a current application is on fik_ 08/Od/05 1'Htl 09:23 FAa 5612433774 CITY CLERK ~6JUVL __ ~BJlAY BEgCH _ A6-A~aica ~ ~ f ~ ~m~~~~~~ ~ ~ CITY OF DELRAY BEACH -f ~ BOARD MEMBER APPL[CATi01~~~~~~~ • zoo; p,UG ~ 1t, 2005 ~~~ Pleast tppc oc priac the foll.omitt~ information: (',~'(~ ~~° 1_ Last Nstnc: ~l~~F-'2~TE~ ~ Narnc ~~~~~ M L 2 . HoaieAddress: TG. FrQ,t~ ~JO. City ~ O C A ~ t1.Z D~J Stare 'G L Zip Codc 'S ~ (~ 3_ Z,cgal Rcstdcncc: City Stzce Zip Codc 4. Prinripal~Btuincss Address: S Z ~- N~ Z ~° -~~-~~~- City `Ck,_~c,o.r..l bc~c-~-t State ~ T-~ . Zip Code 3 34 ~~ S_ /! Homc photac. S b i 3J ~ ~ ~ ~ l ~B.lusiness Phoac F1-Mail Address: ~ ~o t Zl ~o - S q ~ S ti.6~=GSA-•v ~ ~ ( brr.(.t1c~T•rt . N4--S . Ct4 phort~ Faz: S G f _ 2) G ^ OS" `~T~ - 6_ Are you a tegistcred voter? ~~S If so, where are you registered? ~~ ~3~~-t 7_ ~Vha= Bond(s) uc pov intacrsted iu serv7n~? Pir.~se lint is older of pcefacncc ~ P C3 8_ list ill Gty Bonds on which you zrc cnrtrndy serving oe have prcvion5ly acrvad: (Please indudc dates) ~~ Pduati0!utl qusli&aaons_ 10. ~ t any related prof sional ctcu6cstiooa and licenses vrbich you hold= G ~ S ~ t lv 31,.f ~ ~ ~ N~.a ~'~.c'~ t~-~ ~o 11_ Give your prescnS or mast recr~t csnployu, and position: - ' aJ ~ V'F - " 12 Desrabe e>I-etieracca, ak~7is oc knov~le~dge vPrhich qualiFy you to acrvc ou tfiis board (Please zttsch a baeE resume) Q~-l'LL"T -'~ V 1G ~ ~"t't ~ ~ ~_ Cam) '{~, ~ ~ ~ ~ A N~ I h oval txi£y these a!l die above scatement9 oce tcvq and I agtx and uadctstsad Haar anp misstatement of rna.t-ttial fits liadon mxy cause fotCtiturc vpvu my parr of awp appoinancnr I trap receive _ ~.~. USr SIGN DALE Notes: 'T~s applicatioa mill u~9 ~*~ on File in the• City Clerk's Office for a period of 2 yrars Etom t3te date it.a~as submictod_ Ic mill-be thn applic~ut's tesponstlat7ttp to casuie~ thzt a_c~eut applic,~voa is on b1a scrnraaru.ow.co~eeuacroa JEFFREY SILBERSTEIN. A.I.A_, RA. EDUCA'T'ION: Clark University, Worcester, Ma. Liberal Arts Major Boston Copege, Dolton, Ma. Economics major, one year Pratt Institute, Brooklyn, New York, Architectural Degree. American Ltstiwte Of Architecu Medal for Excellence in Architecritra! Education Harvard University Graduate School of Design, June 1989 Harvard University Graduate School of Design, July, 1996 CER'TIFICAT'ION: Registered Architect: Florida end Illinois Jeffrey Silberstein Architect & Assoc., Inc. was founded in 1990. We are a small fine with a reputation for innovative design and delivering projectls within budget acid on schedule. This is evident a9 we continue co wort: with repeat clients and referrals generated by our reputation. Our success evolves as we assist clients in defusing project goals well before suggesting solutions, a process that creates a full understanding of objectives before ttxnsfortuation into reality. Jeffrey Silberstein, A.LA., R.A., has over 21 years experience in the field of architectural design, urban design, interior desigt and residential end commercial development. Silberstein Architects. Inc. was founded in 1990 and is located in Delray 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 devolopmenr9 and commercial projects. Tn 1998- Icffrey Silberstein was presented The Award of Honor for Design by The American Institute of Architects (A.I.A.). He was recognized for "the high quality and originality of his work over an exroaded period of time". In addition to this special honor he has garnered many A.IA awards for varied projecu. His work has been featured in The Miami Herald, The Sun -Sentinel The Palm Beach Post, Florida Architect, Interior Design, The Aoca Raton News, Architectural Record and other international publications. Mr. Silberstein has served as, a guest writer for the Hartford. Architectttrel Conservanry end The Palm Beach Post, a critic member of the Works of Art Committee of the Boca Raton Museum of Art, a member of Junior Achievement and a member of The Grace Commission on the Boca Raton Community Rcdevdopment Agency Task Force. Mr. Silberstein resides with his wife Rosemary and two daugl-ters, Angelica and Sarah in Boca Raton, Floridn. 7 / 7 -1f1M 1 ~ U11N I I1 A 1 n /~ _ /~ ~ . v... [ . .. f _ _ . . _ .. .. - _ - DELRAY BEACH . o o b~ REG+EIVEC~ ~ CITY OF DELRAY BEACH ~l ~ ~ 2006 ® BOARD MEMBER APPLtCAT1~IV ~ 1993 CITY C~ER Zoo1 Please type or print the following information: 'I"~~;-4 1. Last Name: ~C S h t G K-- Name s Q wt v-2..~ Ivt I. ~-- 2_ Home Address: 2 $ 3 S S w ~ ~~ .~ ,s -t-r-e.-~.-} Cite ~~l rQ ~-ea. State ~ tr. Zip Code ~t-'s' 3. Legal Residence: S a ~ City Sac vv~ -~.. State ~ Zip Code ._' 4. Principal Business Address: City State Zip Code 5. Home Phone: 5~t-3~0- $ d~ta Business Phone: ol.~nk~ E-Mail Address: 'Z $3 5 ~ ~L..lko•- Cell Phone: a~6t -ZSI - 6~c~ Fax: --- 6. Date of Birth l 2 ~24~ ~ZcS 7. Are you a registered voter? If so, where are you registered? , e s 'pe tY ~.a,~ , -~.~,.-..~C ~ t -I 9 8_ What Board(s) are you interested in serving? Please list in order of ppreference: -a ~ }a,n ~ ~/t s ev.~ opf ~ ~ ~ d Co t/ h T a e~•«*" t~ U ~~ ~a+v Kof 9. List all City Boards on which you are eurrendy serving or have previously served: (Please include dates) t3 rd us•»~e,~- - ka~r 20o H. vr~ ~~ eo..1 +~~-~ -~- 10. Educational qualifications: ~3 itck~,(or e Gw. t l~ i,~. 9 ~~ ~ t ~ • IL'r4 11. List any related•~rofessional certifications and licenses which you hold: .e Gtlt'a /~ v v~.*Q 12 Give your present, or most recent;employer, and position: a 1 zti'e..~ .r a Nv~r mat 1 L l 13. Describe experiences, shills or knowledge which qualify you to serve on this boazd: (Please attach a brief resume) -~ V Y-l ~... -6K ~ oN ~ t~j C U YK ~. G ti. ~ t ~ ~~ emu.. L K,, ~. ~ ~.~ o ~h ~-c~' ~a~- ~a d ~+A~ 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 map cause forfeiture upon my part of any appointment I may receive. d71~~a~ 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, Internationai_ (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retu-ed 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. b) August 1986 .~ 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 engineering fums. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf~ DATE: AUGUST 31, 2007 _, SUBJECT: APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Site Plan Review & Appearance Board. BACKGROUND 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. 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. This appointment is for an at lar a seat. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4) for one (1) regular member to serve an unexpired term ending August 31, 2008. RECOMMENDATION Recommend appointment of one (1) regular member to the Site Plan Review & Appearance Board to serve an unexpired term ending August 31, 2008. SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT "A" Applicants for At Large Seat: James Borsos Planner (also applying for the Historic Preservation Board) Ronald Brito General Contractor-President (also applying for the Historic Preservation Board) Shannon Dawson Real Estate Consultant (also applying for the Historic Preservation Board) Maura Dersh-Wissekerke Project Manager-Architecture Gerald Franciosa Retired/L,aw Enforcement Bruce Gimmy Retail-Business Owner David Haycock Retired-Liability Claims Adjuster Johnny Kincaide Attorney Pearl Markfield Elrod Real Estate (also applying for the Historic Preservation Board) Mel Pollack Security-Director (currently serving on the Board of Adjustment) Samuel Resnick Retired-Code Administrator/Architect-Engineer (also applying for the Historic Preservation Board) Ria Santos Financial Consultant Jerome Sanzone Contractor/Building Official Cheryl Shaffner Real Estate Thomas Stanley Attorney Chris Stray Landscape Architecture & Design/Interior Architecture & Design Carolyn Farnham 1035 S. Federal Highway Delray Harbor #401 Delray Beach, Fl 33483 July 30, 2007 David T. Hazden City Manager City of Delray Beach 100 N W ls` Avenue Delray Beach, Florida 33444 Re: Resignation~from SPRAB Dear Mr. Harden, ce: ,~'z~ RE~E3V~~ JUL 3 1 2007 ~,~?~Y n~t~.~l~G~~ ~~~ ~~ 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 Cc: Estelio Breto, Senior Planner Venice Cobb; Executive Assistant/Board Liaison 7/~t/o~ ~- SITE PLAN REVIEW AND APPEARANCE BOARD os/o~ TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE 08/31 /2008 Jose Aguila, Chairperson Architect Office: 276-4951 Appt 01/03/05 Unexpired Reappt08/15/06 Currie, Sowards & Agtxila Architect Home: 964-9377 134 NE ls` 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 08/15/06 1035 SE 6`'' Avenue Executive Asst. Home: 330-8454 Delray Beach, FL 33483 Citizen-At-Large Cell: 445-5755 Fax: 265-3660 08/31 /2008 Mark Gregory, 2"d Vice Chair Real Estate Office: 716-4531 Appt 10/11/05 Unexpired Reappt08/15/06 18 Salina Avenue #29 Home: 279-8185 Delray Beach, FL 33483 Cell: Fax: 279-8170 08/31 /2009 Conner Lynch, Vice Chair Insurance Office: 276-5221 Appt o9/06/os Reappt08/21/07 315 N. Palmway Citizen-At-Large 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~' Avenue Architect Home: 276-8996 Delra Beach, FL 33483 Fax: 997-8159 08/31 /2009 Andrew Youngross Engineer Office: 274-0200 Appt o9/06/05 Reappt08/21/07 636 West Drive Home: 276-4403 Delray Beach, FL 33445 Fax: 274-0222 Cell: 212-2604 t,ontact: Loretta Heussi, X-7U4U S/City Clerk/Board 06/SPRAB 00/11/117 110?1 01:16 FAa 601243~77t CITY CLERI[ • • • -r+:.~~ Y ~~~ ~~~ CITY Ols DDI.RAY R1~ACH ~' ,~ ~ 200 t LI TIOM P~~~ ~ ~~''~ BOARD MEMBER APP CA ~. ,~~ . ~~~~ soot 1~'fease nrne er ntlnt the ~llc~ina infe~saaeerL ~/ ~~~g i r 1, list Nntnc; ~ ~ RS O S Name ~~~ L= 5 ~ - L~ 2 Hota~ Addcaas: 2 3 5 R1 E Zl sT SjeE~T City D« RAC B~,q-ctt Staco F L Z" Code ~YY'1'/ 3. 1~1 Raddcarc: 5'rMC City Stoee ZiP Code 4_ Principal But>~s Address 3800 ~~u~,cc,~,c. ~~;/~ City L?~o~~H/4i Se.cc /`Y.. Zip Code 3~3/ 9 S. Home Phone: s G l- 9oe-7aY9 Buaiueae Phoac ~Y- 730 -3ob 9 E-Mail Address: ' rw~ b.~~~ a ~o~iu.~•~~ Cdl Phone: S6/-906- 9i~~1 Fns: 9SY-~4. -2 ~9/ G. Date of Bitch 7. Are you a eeg}ateted voter' If ao, mhace arc yvu ragistarnd? Ar.+ a t~N /a c Nun c N o t r fir:' P~,r.h S 8. DVhat Board(s) nre you a-trsraced is serving? Phase Iiat ~ order of pttfutscc SPeaB / NN-~+ a..1N6- " Arc rsri.•G OQrs ~~~>•..~ e3o~r+~~ 9. I~at all Gry de au avhich you art current3y "serving or have pceviouatp served: (PLe,at a~ckvde daft) v~~ 10.F.ducaticmal quaHScadoos- A ' '~C d p~+ ?.~ r c ~ ~ ,+~ ~~~ rGwt oFA~ct A!/-fv~~CT~ii/ 7 i. list any tr]ated pmfeasional eearificstiotss and licc~ca ~aohish yov hold ~ s F sf i ~N•~PFc ~ .~rcP) t2 GtPe your ptremt; or moat rear_at r~nplaytr, send position: R~drG~,(/ r= LL T( ~.lp~ S/ ~Ar7 , 13_ Dnaibe e:perienoes, ala'1!a or kaowkdge `avhicl~ qualify you to atsve on thL 6o=arrl: (Planar nmch a brief reoianc) - O ~ F lq~~'iNQr- P QIGNC~ c', ~ D c. ~ qty ~ E/7' c ~r~ I hereby ceetify that su the shave snoemeata nre Qvc, sad I agtae and undastaad that stay aa~ssttteramt of matmal facts oontsias~d is this app4mtioa may souse farfeitu:e upon my pnrt of arty appantrttn~t I may tt~t -/o -O 7 SIGN ~~ i~~ve_ • nia sppucsaoa ~v]-1 L'Casam on ttlt m the (qty ( ~k"s Vt11tx for a period of Z ytazs ftacn d*t date it vas subtnitocd. It an11 be the applicant's iesponarbifity to cosurc thac n czuzeot appticadna is an films 1 1-1•.~L Janes E. Bsnos, MBA, AICP 239 Northestst 21" S#rect (~I) 97449 Delray Beach, Florida 33440 jlntbohote~ali.oom _ ~ AICP -Certified Planner with oYCr 10 years Florida experience.. Florida Building Code, landscape, site plan jeview and property mspettions_ . _ Private planning, municipal zoning and eminent domain, Mixed use, residential, armmercial, parks and industrial developments _ .. Development Review Committee member, Community Appearance Board member, Technical Advisory Committee member, Planning & Zoning Board and Ciry Commission present8tions ~;dr+ca~ton Nova University; Doctoral of Business/Public Administration studies, 1990 Nester 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 knowledge Prn-t~sslorral F~r~en~ 2005 -Present City of Lauderfiill, Florida ' Entire city-wide site plan and site plan modification reviews ' Experience includes over 830 new residential units in 2 year period ' 1.10-acre Central Broward Regional Park and City park sift 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 and parldag 1999 - 2003 Land Design South West Patm Beech, Florida ' Eminent domain land planning emphasis for the FDOT: ' State Roed 7 from the Dade-Broward County lint to Davie ' US 1 (SR-5} in St. Lucie County ' Land Development Code writing for small municipalities 1997 -1999 band 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 Care~erPro, Boca Raton, Florida ' National Operations Manager, S1S million service company * 500-office nationwide resume writing and personnel service ' Nationwide leading sales executive management 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~;i_;vv nLL ~e:a~ r~ ~4L'i3J779 I:IIY l;l.t:}th -- _ IrrJ 00? o~~-Y B~,~s~ REG~iV E~ "ra',~'~'°°~' Ofi ~ ~ CITY OF DELRAY BEACH,~L ~ ~ 2d ® 60ARD MEMBER APPt,ICAT~Ai~ eL~RK 1993 2001 Please type or pant the EoLloming infounation: ~~~ /~ u V V st ame: Name ~~ ~ ~ ~O n cL) aL- M. ]- '. Home Address: City State Zip Code 19 S ~E Z-7-W~ }~v~ 8 n~~ Be4~~ ~~ 3 3 3. Legs! Residence: City State Zip Codc Sarni ~. Principal Business Addrets= City State Lip Code Z S S q Webb ~ v ~ ~- z- Del ra. S. Home Phone: Business. Phone: E-I+~Iail Address: Ccl1 Pbonc: Fes; SIo~- 73~- a$Zg ~1- Z~9-03~ ~ eu worl~ ®ci,ol. s~~-3sD -orb ~~ • z.~ 9 - 0~3 6_ Date• of Birch 7. Arc you a registered voter? If .io, when arr. you rc$isnrcd? ~Dy+'')}~f-1 ~~c cam. ~ F'~ S. What Boacd(sJ are you interested in seevinK? Pltasc list ire order of P=efcsence~ !~! S-f~ r i C ~ ( ~~~'~SCY J~ ~`o~ Boa ~ oC..- ~/-~•E'~vc,~i`~V 9. Lst all CiT} 23oards on which you zre cuutnrly scnna~ or have provioustp served lease indudc dates) C r SOcir O ! - 000 ZDO Z. 10. Ldacauona! qualificnaons= r ,S 1 ]. List u1p related proFessional certi.btations aad license, which ~u hold Cc3G-o473~ Flor~d,4 3$ ~ ~ Cdl, rn;ca_ D1 3~TZ U-S• Vic ;n- is ~!1 3 A ~ ~ C~ en o.r ~ Co,-~-h-•~.c-~-o r' l ~ ~e h sc s 12. Give your present, or most recent employer, and position: r r r r G• rC e t 13. Describe experiences, slplLt or knowledge which qualify yon w sen+e on this board: (Pletice attach a brief resurn~ O r. r U b.« r'O J n d n >, C e rG 1 Q~ a.,d res:del,fi'a.1 Did ~~ rey-b~a-{~•o., o~ Sa,-,ao~.y ltla.}yre_ Ceh}t/' 4s YQ~~O~lS res;den-}-l~ctJ r~s'fOr4.-4-~'onS I ereby cetvfy That till the above sratemen -e true, and I agfu wd undtrscnnd that anp missrzrtmcnt o E mareozl facts conriined in this applicanon y cause feiture upon my put of any appoinra~ent I uia recerne_ -- '' 7 ~ s SIGNATVRfi DATE r,~ • • - -- - --------- .,.. •...~ ••• u.~ ~.,~r `.~ ~ ~.li« zur a pcnoa of L ycaxs from the date it vctas submitted. It ~n71 be the applicznt's responsibility to ensure thac a current application. is on file. rear c~ ~-r v-r: ~oP tnzerPr i se ~.onLracLOrs t ~0 1 r c i~-u~.~~ ~o. ~ 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, housing lraets, and high quality custom rnislT work Seven years as Carpenter, tx~u yours as Leadman, jive years as Foreman on new residential and commercial projects, as well as renovution.c and remodeling 1979 -1983 LICENSED BUILDING CONTRACTOR/CALIFORNIA Lic. B-388997 Spent five years subconn-acting and running framing, siding, trussing, floor jointing, and stair installation on multi family complexes from lar1;e contractors. During this lime, I contracted new single family homes, additions, remodeling, commercial roofing, and commercial tenant improvements. 1983 - 1985 Job Superintendent on custom housing in the Nashvi/le, Tennessee urea for one 'year. Subconiracting_traming, trus.ring, and siding jobs. foz- the next tti~~o years. 1986 -1989 LICENSED GENERAL CONTRACTOR/FLORIDA Lic_ CGC-047369 Worked at "The Township " ar Punch-Out Foreman for one year. GYorked for David Jones Construction at Gleneagles, Polo Club as Lead Carpenter and Foreman for one year on 32 eight Alex wood frame multi family units. Worked {or Davis Brothers as Superintendent on Brighton Lakes in Boynton Beach, building 36 wood frame duplexes- Constructed custom housing from Manalapa-7 to .St. Andrews, Boca Ratorz. Received General Contractor's License in February 1989. 1989 -1991 LICENSED GENERAL CONTRACTOR/U.S_ VIRGIN ISLANDS Lic. 2-01392-92 Traveled to St. Croix after Hurricane Hugo for S days to bring supplies and help restore power and water to units of condominiums for a friend. Agreed to come back Io restore hvo houses. Restored fourteen residences, tH~o commercial buildings and six rental units. Also completed work in St. Thomas and St. John on custom homes. Acquired General Contractor's License in the Virgin Islands in February 1990. Returned to Florida in July o_f ]991 and began new additions and remodeling projects. After Hurricane Andrew, I opened a .Told office in Miami for restoration x~ork My Miami o_fftce completed 16 residential restorations and about 32 rouf ng projects. ~-iar c~ u-r u-r : u.7P cnt,erpr i se i.onLracr.ors i ob t i c i~-va,y, P _ g RON BRITO, GENERAL CONTRACTOR Pagc 2 1992 -1993 Was asked to take over operations of Falkav Construction as General Mgr. and to qual Jy the company Falkav Construction was, at that time, under contract with the City of Defray Beach for the new Tennis Censer (2.5 million-dollar contras!) and was engaged in school prgjectsfor districts -from Lake Worth to Miami-Dade County- Although, after a thorough research, I decided not to qualify Fakkai; I brought the Delray Tennis Center to substantial completion in time_for the Virginia Slim Tournament, ~rnd all of the school jobs were irr line. 1994 -present O-~~ner and President, Enterprise Cont-•actors, Inc. Enterprise has completed many local residential and commercial projects since it's inception, including new construction, additions, remodeling m:d historical renovations (such as the Sundo~ti~ay House Nntnre Center in Delray Reach)- In August 1995, I was appointed to the Construction Board of Appeals in Delray Beaclr, and I was the Board's Director for u 2 year term. I'nr still serving on the Board for 2003 to 200 PERSONAL HISTORY: I am 57 years old, married, and have four children. I hove tH~o years cif college, majoring in Business Management. I am an active memher of my church (SDA), where 1 have been a Deacon for 1=1 years and am currently a Sahhaih school teacher for young adults. I also sit on the Church's Building Committee- 1 own a home in Boynton Beach, where my family has lived for 19 years, and I am a member of the Architechlral Review Board for the 1/ernon Heights Property Owners ' Association I am also a 18 year ruember of A.A. and am active on several committees- Tennis, surfing and jogging are my favorite. pastimes- DELRAY BEACH ,.,a.,o, CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 2001 Please- a or Tint the folio information: `c q~G ~~L ~,~, 1~ ~o y 100 ~~~ 9,~ ~~/~9 1. Last Name: a $ Name ~+ J E'1A.rlnO!'l M. I. ~, 2. Home Address: O7 SE "i ~IthUG Ci ~~ ~cacF1, State Zip~C~e 3. Legal Residence: 32'f N. ~~nlart f~'cvex+uL City 'petc~.`I ~~t State ~- Zip Code 3'.~~ 4. Principal Business Address: 1 ~t 3 o S. Ftdera ~ ~ u~y X31 ~ City pt lrn...~ $e~.ch~ State ~L Zip Code a~ffi 5. I~me Phone• ~1-2T~~2~~ Business Phone: g5~-~9-n13~ E-Mail Address: ~~,~a~~ ~ Cell Phone: 95r~^?19-c~135 Fax: 5~v1-52~o-loco? 6. Are you a registered voter? ~~ If so, where are ou re ' tered? ~Q Co~.l~ - j~r~tiKt 7 7. What Board(s) are you interested in serving? Please list in order of preference: ~ d P Zoni d H'iStor'- ~ I~~tStar~a-{~'~L ~oo~~d ~ ~~t~~L, i~~c„topn~a.n~l' ~.. or~~~ 8. List all City Boards on which you aze currently serving or have previously served: (Please include dates} 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold Fs~~C- 11. Give your present, or most recent employer, and position: Se 1 E t enc 'R Es ~~cx o~ ~~ CtytinGt-}isx~s': EoCe luStvc ~oprc~k-eS a~~ en.'f' 12. Describe experiences, skills or knowledge which qualify you to serve on this boazd: (Please attach a brief resume} I hereby certify that all the above statements ace true, and I agree and understand that any misstatement of material facts co in this appli n may cause forfeiture upon my part of any appointment I may receive. S~zo(~"I .~1lrNA 1iJlCt; 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_ ~1f:!TYfl.ERK190AP.D~ ~PPLI('AT({N.; ShannotY D~Iwson Residence: 450 N. Swinton Avenue, Delray Beach Business: 1730 S. Federal Highway #311, Delray Beach ShannonDawson@Comcastnet Ph. (954) 729-0135 Fax (561) 526-1067 Summary of licensed Realtor Quali6cations• Continuous research of local, state wide, and national real estate market trends. Helping clients achieve their real estate investment goals & objectives based on budget, timeframe, lifestyle, financial goals and investment portfolio. • Studying various aspects of real estate law on a continual basis. • Extensive experience handling client negotiations and assisting clients with real estate transactions. • Assisting out-of--state clients with the purchase and management of vacation properties throughout Palm Beach County. • Skilled at learning new concepts quickly, working well under pressure, and communicating ideas effectively. • Extensive computer training, intemet research and marketing. Enthusiastic Delray Beach resident with strong community spirits Licenses: Real Estate Sales Associate 2004 Srat+e ofFloeida, Department of Burinerr axd Prnfersioxal Regulation. Certifications: Resort and Second Home Market Specialist 2007 iFREC [Florida Real Estate Cammirriox Education B,S. Degree in Biology 2001 Flo~tda Atbatic Unrversitp, Boca Raton, FL Graduated Magna cum laude with 3.7 G.P.tL Florida Atlantic University Medical Scholars Program 2001 University ofMrami School ofMeaUeiae, Completed oxe remerter of Medical School ar ax Undergraduate via Satellite. Career History & Accomplishments Real Estate Investment Specialist, Eait Team Realty. 2004 2006 • 2004 "Rookie of the Yeas" Award- Achieved over j10,000,000.00 in real estate sales in first year • `m'op Sales Associate" Award- 2005 First Quarter (out of 400 associates) • 2005 Florida "Rising Star" Award for outstanding performance and career . potential (out of 10,000+ associates) Vacation Property and Management Specialist, Regenry Real Estate Services 2006 2007 • Assisting out-of-state clients with the purchase of vacation properties in Palm Beach County • Marketing and management of exclusive vacation properties Memberships & A8'iliations • National Association of Realtors • Florida Association of Realtors • Realtor Association of Greater Fort Lauderdale • Realtor Association of the Palm Beaches ~EIRAI' QEACH All-Mierlca City .~~,,~, t ~~~ 3 Zuai CITY Of BOARD M~ Phase type or grin[ the_ rollowi.nh infe~rmatic>n: Post-ir° Fax Note -~7-s71 °"~" T~~ ~~ ~~ / _~j~~ From `}~ Pf a)ne # / „~ -/~-J `'mil-O ~ Pf i~ .r ~~ x FaFaz q ~.---7~ Fa>- ~ - ~v ~1-~ ~/~~~~ 1. Last Natne: dEF257J-wISSF..KERKE Name ~i, I. Mdura 7 2. Hoe Adc~r~ss: SE t. Ave Ant X11 C~17 elray Bzach State FL 7I1~4~~ile `~..._ 33 3. l..egal Rcsidrncr. (_LCyr State 7.ip Ci>de same 4. Pruicipal ttusuless Address: A G hi ll City State Zip Code rc a o tects & Development Company 1321 Newport Center Ur, w Deerfield t3each F1 33ad2 5. Home Phone: I3usincss Phc>nc: L--I~IuIAcJclress: Cell Phrlne: rah; 561.27?.A999 -954.794.0300 Maurajw@aol.com 954.461.6523 954.794.0301 C. Date of fiirch 7. Arc you a rc~istcred voter' if sq where arc yeiu registered? Z April 6U yes $. ~7L'hat I3oard(s) arc you interested in serving? P. 72:182 list in pril2r of preference: Plaruliil(a & Zoning, Downtowli Development Authority construction bd of Appeals Sp T.ist aTl Ciry- l3oardc on u•Iuch you . tc clirtcntly $2rvin~ ter have previously sclvcd; {Plc:lsc include Jares~ Hietor~c Pres?rvt,t nn Boar -~-006 ? 70. F.Jucalional qu:lliFicltions: Bac o aer of Arch1-lecture 11. l.ise any related pri,fcssiontl certificaabns and ii.eenscs which y<n1 hold: 1? Give our present, r>r mast recent employer, and (?asirion: ~ allo Architects & Development Comp, 1311 Newport Center DR Deerfield Hefich Project Manager 13. I~c'5Ctlb2"2XI?2T12UC2S, skills or lnoRdedgc which yuaiifjr ynu eo s2rv2 on dos board: {Please attach a brief resume) I have been in aspects of Architec[ure for over 20yrs_ I have lived and or workefl in Delray 6i CH (c ZUnlnS{ COd65 I hereby cctdty that all the above stareuiencc arc true and I al~2e and wldersrand char any misstatement of nlareriai face s col~raincd in ibis a~ P liyi;ti ri m ay use forfeiture upon my p:lrt ~~f any appoin[mcnt 1 mip receive . ~ 1~ ~ ' ` M Q ___ 2 G . ~ ~u ,~ ~ t ~;1~ SIGNATURE ~ -- DATE ~~ Noce: ?his application will remain ou file in die City clerk's Office for a period of 2 years froru the date it was subtnitted. !t will be the appli.cant's respotlsibiliry to ensure that a current application is rn, tilt. tit /~~9 /. MAURA J. DERSH-WISSEKERKE 34 SE 7`~' Aveune Apt#11 Delray Beach 1-7 33483 562-2'7R-$999 CELL. 345-395.0329 >iMAI2~ IvtAURAJW~wOL.C'OM PROFESSIONAL EXPERIENCE. Diverse eapenenoe in all aspects of Design and Prnjecr management, from initial program revietiv rluoggh preparation of punchlist Match 2W 1-Present- Robert G Currie Partuervhip, Delray .Bcac12_ Florida Project Manager R,espons2-ble for all aspr~cts of projdct • Site and building design including applicable code researcl2 • Co-ordination with clients, eonsulta,us and concractors • Productiou of vontr.2a documents and specificntons • Constnrction adrnistration Projects; St Andrews Country Club, Duvall Place Condiu2iuntums, Villstge Gr-u~de Condin»un~ums, Miami Fire Station #2, Delray PlayhrnESe-Childress "Theatre lone 1998- January 2001- "1cHOMAS POPE, PA., Key West. Florida Project Architcxt Projects: Hyatt Kry Wester, fi20 Southard Street, Bryan Residence Truman Anne: Hendrick Residence 9U1 Fla_uler, Woods Residenx, Powell Point Baharnas, Radisson Hotel Sgpternber 1997-May 1998- WXLAND'ART GALLERY, Key West florida Art ConsultantfSalespecson Assisted manager with training October i 995-April 1997- LIZ CLAIBORNE Inc., New York City, New York Senior Project Desiguer/Managcr Corporate Responsibility for all offices, showrooms ~ special projects October 1991-September 1995- LIZ. CLAIBORNE Inc., New York City_ New York Tt~ponsible for New York City ar2d Regional offices, showrooms, offices & special projects Helped to developed departrncnt Created drawing standards and files using Autor~d Projects: Atlanta Apparel Mart Showrooms and offices, Nrw Jersey retail offices, Corporate retail display Presentation New York Showrooms and offices for Villager, Crary Horse, Dress and Collection Studio April 1985-September I99i-Deli„ ers Fore.Ltd__ Ne~v York Ctity, New York May 1984-March L985- Met3ky & Zuckerman, Verona. New Jersey June 1983 May 1984- JS Rsadolph Associates, Hacken,CacK New 7crsey Edtrcffiion_ New Jerzy School of Arehitectiure Q NCE. Ncwarl:. New Jersey 1983 Bachelor of .4rclutecture Ccrtificancs for IFS for Commerciall~r. industrial Ligbting RCS Building Cade Inspcaor- 1812 Faintly dwcllin~ Sub-code Official- 1~2 Family Dwellings Ncw Y ork Building Code Compliance ADA Compliance i=d 4J!~S:~6 i=f1El~: b` "~•'~N t-3i3 Et%c Tq~ _ 'Ot•a ~t~nu.t aruc,.ra~..it:.iu~ ~raan-, -n ~~~nv - ~u-r~~ OELRAY BEACH . o o AN-Amed+~Ctty 111111 ~~~~® 1993 2001 ~~~~3~~ CITY OF DELRAY BEACH r ~. ~U06 ~., BOARD MEMBER APPLICATION ~ ~. Please type or print the following information• 1. Last Name: ~ ~ C ~~ ~ + ~' Name j ~ M. L . v ~iE~ [.~T 2. Home Address: ~ ~~ ~~ City ~~~ St~G Zip Code 3. Legal Residence: Ci ty State ~ Zip Code 4 Pri i l B i Ad . nc pa us ness dress: City State Zip Code 5. Home 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. What Board(s) are you mte sted in serving? Please Gst in order of preferenc /I~ ~-L- f ail i1~,R%t~ i j~ ,-' _ ~ ,~x• ~N G G .," S : ~ ~ ,/ ~- ' ~• yv~ ~:~ 9. List all City Boards on which y u are curt y serving or have previously served: (Please include dates) 10. Educational qualifications: 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: _ ~ % ii'fD 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) a • `~C "' ~ may/'" 7 ~/ f ~/ ~A ~/ _„"1 . I her em~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/{dI may recei/Ye. ~~~ d AA ~.! / _. fit/ ~W~1~;~~~~~/ ~(ra. DATE " i uus appucaaon 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 i-.~_u ~ ~,~tr - _.Hi i r H.°. I A_i. ~,r,l_r~r.i i i.-tr. ~F~• L-' _~_n_t`, 1i1: 1HPI F' Gerald Peter Franciosa 939 Eve Street Delray Beach, FL 33483 Home phone number: 561-2GG-0008 CeR number: 56).-716-73SS Faa number: 561-266-0746 Eniail~fraucioya4delray(q)..aol.com (i rcgn2!a7~ao1•COro QL-ALIFiC'ATIONS: Uver 35 years of investigative experience. SEQITENCE OE EMPI,4YMENT 1965-2000 FALL 1965 /MARCH 1970-Licensed Private Inti~estigator, City of New York, self-employed licensed private investigator also licensed to carry a firearm. MATZC"H 1.97(1-JULY 1973-L1.S_ Customs Agent, assigned to the YT_S. Customs New York City office. JULY 1.973-JAr1 CTARY 1998-Special Agent with the Drug Enforcement Administi°atioa, 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 college and receiver[ a degree in accounting and economics. I was hired in 1970 }is a special agent of the U.S. C~estoms Bure:~u, During .Department o.f the 'T'reasury. my tenure ac a Customs agent I conducted a myriad of investigations ranging fi-om background investigations, Customs fraud, smu lin internal investigations of Customs employees and narcotic investigations_ I ~~ also involved in training new personnel. In July 1973, a Presidential decreed established the Drug Enforcement AdZr-inistration (DEA} to combat oi-gani?ed crime ~tnd ntircotic t~-affic~~ing. T was at FF•i n t 1=REF'-'=,HI I FH:-: 1111. - ~h,Lr,r",i=~;.a~, =~P• 1_ _~-1i-tc lt~l:^`'Hhl F'-! that time laterally tr:insferred from the U.S. Customs Betreau to the Drug Enforcement Administration, which was part of the Department of ,lustice, as a xpecial agent_ I remained officiapy with DEA until my retirement in 1998. During 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 way involved with the training of several foreign police agenciese in areas of investigative techniques, interrogations, firearms training, use of force and establishing police policy consistent witb. their .foreign governanent laws and regulations_ <~V4 .~RDS i have received over 40 awards during my career from various l-S Federal agencies, i.ucluding the 1983 Attorney Generals Awarcl for distinguished service. I have received over 30 awarcls from foreign government agencies and over 25 awards from. various State agencies. ARL'AS OF SERVICE. T served the l~nited States Goy*ernment ,ts follows: 1974-1984 New York as a special rent, 1984-7.988 i~2odie, Italy as au assistant Country Attache, 1988-1992 at Boston, MA_ as x supervisory special agent, 1992-1997 at Curacao, Netherlands Antilles as a Country Attache, ].998-retirement sct the DEA 13eadqua--ters, Washington D.C. iNVEST><GATIVE TRAINING: During my investigative career with the Federal Government, 1 received numerous traini~~~ in investigati~r. procedures. l atr.FUded the.Department of the Treasury, law e.nforeemeut training facility in Washington, D.C_ and the Department of .Just-ice Special Agent law enforcement training facility at the Marine base in Quantico, 1'irpinia. T. also received ~~uuzerous other investigative training during my Fedet~il Law Enforcement. career. EDITCATiUN: I received a degree from the City College. of New York, majoring in accounting and economics. BIOGRAPHICAL DATA: DPOB: October 25, ] 943, Bronx, New York I have resided in Delray Beach since 1999. I am married to Sstndi s.iuce 1963; we have three children and two grandchildren_ 01/18/07 TELI 1:48 FAa 68124JJT74 CITY CLERK ~ OOJ ''' RECEIVED j CITY OF DEL.RAY BEACH JAN ~ ~ 2001 ® BOARD MEMBER APPLlCATl4NCITY CLERK 1999 toot Plcsas type or prlnc the ft7llomir infocm4dom; ~/ ~/ 1. Lst N ~ 5 ~~ Name (~~~~ ~ v M I. ~. 2 Home ~ - ~ Gzc~,, wC ~`~~~C ~ ~ ~ 3. T..egsl Raaldan / 1-'~n~• S2_ ~zy State Zip Code 4 Prim ua e_s ~`' Zlp 5. Home ~hoa~ Bu ass p on,~; ~ C Phone 6. Date of firth ~ 1 7_ Arc you a cgisirsed vor~r? LE so, where an yvu r~sttrod? :: ~.~ X1 . P~ ~~~ ~'~~ 8. Wlu~c Baatd(a) are you inmcesced in serving? Please list in ocdet oEpref~rn«, 9. Llsr all Clap on mh,eh you nne cvtcrridy er hw,.e pncvioual • (Please Include daeas) _ J '~ 10: BducatlnnaIquall9r.~rlons~ :.'L's~' ~:-~ 1/Q~ n ~~J rl~'~/fP L- 11. live ury rdared pro{essioaaI eertiflcadona and licessaee ~rhich you hold iZ Glvz pour pieet~t, or moat recent employer, and poeldotL Owe ~-- -- - ~ - ~~ - - 13. Dcattbo apaflcnves, alalla or Imaovkdgc whkh q~ullfp you os serve oa this boac~d: (Please auuh s btuf ceavtnt) ~' --P .. obi, t ~ G~C-~ I rhas all the Above am o ice Ar-d I ~.ece and under: d t~ac any mis. sac o maeeaal faeo a{~lieadon may ~nae fotfdnut upon my put of any appoinrmcac I - y ~ DA?S~ Nock am imnnn ao:n .~... _ a. _ __ ~ ,.., -- - - - - - --- ,..~ ~..y ~..t.,~ 6 vcuvr xvr a pcnoa of i y~ tmm the datz icvru submiaed. It will be the applicant's ctaponaib~ity no erJarut that a euttrat appGueion is oa fzle. -- ~ DELRAY BE,~CH _ ~~~ r AI - i icaMy ~~ G- CITY OF DELRAY BEACH ~~~ 25 2401 ~, BOARD MEMBER APPLICATION ~Y ~~~C~~ 1993 ~~ 2001 .Please type or print the following information: ~o~ ~~ 1. Last Name: HAYCOCK Name DAVID M. 1. 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: Business Phone: - - at ress: -Cell Phone: Fax: 561-637-0689 561-637-0689 DMHAYCOCK GMAIL.C 926-2073 6. Date of Birth 7. Are you a registered voter? YES If so, where are you registered? Delray Beach ,FL 01/13/1947- . . 8~ -Whaf Board(s) are you interested in serving? Please' hst in ordet of preference:_Polie_e & Firef ghters Retirement:System ar f T- e P blic 1 ees Rel io s o mi ' n 1 l a d n' Bo 'te PI evi " d A e r n 9. List all City. Boards on which you aze 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'tister - 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) Attached hereby ify that 1 the above statements aze 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. fi ''`~ ~~ hod 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 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 & 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 Fve 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 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 Boca-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 200? 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 No.17, R&SM Palm Beach Commandery No.18, KT Warder 2004 Standard Bearer 2005 Sword Bearer 2046 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 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 1978 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: 19741986 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 Combusfibles 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 far 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 Expert 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 UtLKAY Kt:AC.Fi r o • o a~-a~~c~r ~_, 1993 2001 CITY OF DELRAY BEACH~~~~~~~ BOARD MEMBER APPLICATIO't'~ i ~ 2001 Please a or rint the followin .information: .~iy- 1. Last Name: K ~ Name o~~~ M. I. 2. Home Address: 51o b ~ ~T - 3. Legal Residence: S-h~t City g LR i1v ~i4C-N City State FI- State Zip Code "~~}IY~ Zip Code 4. Principal Business Address: 39y ~1. ~~e.wl~rro Ik R~ , Sri ao~ City ~ociq ~c~nl State ~i_ Zip Code 33y3~ S. Home Phone: (sv-) y,y-sg~9 Business Phone: (sal}9aa-~~~ E-Mail Address: ~YS,~caa~v~@~x~~n.~- Cell Phone: Fax: ~yy~)~o~-~~ G. Date of Birth Ic%9~/9~o 7. Are you a registered voter? If so, where are you registered? Y-~s i9~9 7~z~ $cif. r~2aP~c, ~duh5 8. What Board(s) are you interested in serving? Please list in order of preference: ~P ~ Z 30'x, 17D~4, et~~4 , i~BFt-R,SpRA~ 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~~ Z 3o-~ti' D ~d~ - ~nat~ 10. Educational qualifications: 15 . la . ~oL ~n Gi4-i. 5u cN ~ ~ ° ~1 S I~UG'fL9YL+~TE 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) ~ESvWt7: nN ~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. Sf,H~~~ 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, ! 1` Floor, Miami, Florida 33130 PHONE= (3U_5) 371-9661 -FAX: (305) 374-4058 E-MAIL: j.litxcaide(~~kfum.com PROFESSTON~T.. Ti,tTERiENCE 1003 to Prrsent LOCKS & 1~.LNCA.LDE, LLP MIAIIU, Florida Partner Speci.ali.zi~ig its ei»ployruellt law, contract disputes And general co-yorate/aduiinistratit~e IRN, 1998 to 2p03 AICERitZAN, S1;NTERFITT ~ rmsoN, P.A. Maan)i, Florida .4ssociate. Corhnrnte Department NegotiRred Aud shuctured mergers and acquitiitiolas rtf bu.4iness entities; advises( clients on general corporate law, ernploytnent. t.~natters. applicable. regn1latory and adminis[rntive guidelines; drafted ge,aeral corporate documeatts, acquisition agrce:nir;nts xnd related docunnents; dtnfted conlunercial. docuunent5. Fall 1997 FT. LAUDERDALE OI'FICR OF THE CIT)' PROSECUTOR Ft Laudcrdalc, Florida Llrw Clerk Rzsearched appellate, e~•idelltiary and constihitional issues; drafted 1cgal memot~rndA, ocgisted C'i.ty Prosecutor in rrisl preparations. Summer 1.997 FUURTH DISTRICT COURT OF APPEAL West PalJn Beac}r, Florida Summer Intern for Judge. Ti: Afuttlrerv Stevenson Reviewed Appe}lctte briefs; researched clod drafrsd legal Iuemorauda, dra8ed legal oi>inion. EDLiC:~TION Unjvea-ci.ty of l~Tiun~i. School of Law, Corral C~ahlec, Florida J.D., May 1998 I 998 Uucstanding Yotung Men of Aluerica 1.998 Litigation Shills Honors AwAr<1 Florida TNiioority 1'articipatioal in Legal Education. Scholar University of Mianxi Scholar Phi llclta Phi LcgAl Honor 1=ratamity Previdettt, Cluistian Legal Society Florida Atlantic University, Boca Ratan, F1orldz B.,A_ iA Political Scie»ce, Jwtie .1995 Yi Sigma Alphs, National Political Science Honorary IIAR ADMISSION Flaridx Bar, October 1998 CLIENTS REPRESENTED The Rickenbucker Collections Clrouy, AutoNation, Inc., Republic Services, b~c., Kellstro,nx ludus[rios, Medical Mar~aser Corporation PROFESSIONAL ASSOCIATIONS A[uericau Par AssociaUiorr, National. Bar A9,sociatio,t print • combine multiple documents • return ,. Link to Board Certified Attorneys Florida Bar Attorney Profile Aitomey Number:__ 155802 Member in Good Standing Johnny Kincaide Jr. Johnny Kincaide, P A 28 W Flagler St FI 11 Miami Florida 33130-1896 Phone: 305/374-6518 Fax: 3051373-5613 E-Mail: county: Dade circuit: 41 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&I TRi; ... ~~t ~i~nnQ tl8/OJ%OS 5t'ED 14:J3 FAY 58129JJ77a Dt1Jt,4Y gEACN 1 T SOAF " 1993 " - 2001 please a oc amt chc Eollo infon~nrior 1. last Names ~ r ~~~ ~- d" CITY cLERx l 0 ~o= ~~~7~~r- OF DELRAY BEACH ~EC~..'~E~ MEMBER Q,PPLiCQTtON ABC - ~ 2005 . Ct._a_ - - ~~~ / _ // M - . ------ -.~G ~ `~ Lam! %/'S % .~ y ~ ~~./rte ~r~r~-~ [_ 3_ I,e esideae~ City Srsee Zip Codc - H r~ ~ s:z~ z;p Code ~ 4. PrinitpalBusiness Address= Ci. ~~~ >' 5_ Homc phone. Bnsincss Phone: T~Mzi! Ad ess Cell Yhonc Fax: ~6f~~j~7i ~6I r ~ 7~ ,~ ~ .. G_ Arc you a =tgfsteted voter? ` ~ e IE so, where ace you. ceg~sccrcd~ ~ ~ ` ~ ~ ~~C~\ ~~~ 7 W6"itBdkrd s~ arc o~ncacstcd in serving? Plcuc lis[ in cdcc prc~~ cc ~ j ~ ~ !~ ~ L 5 ~ ~~~ Rv1 Jc ;,~ of r~ ~ ~ ;-~?~ .v ~ _ -'~ ~~ ~ , ~.,- ~ s ~ 8_ Lisc all City Boards on which you arc euuendy s~s°1D6 or have Peevtousiy served {Please include daces) Eduauionai l0_ Listanp telatrd proEes il_ Give goat ptes~~ ~~cc ) d certi6c~tions a~d licenses whicli you hold: L~ ~. ~ rL- Zt~ a~td posif~.oa inch ou t~rserve this l~r l c`ymch ~ haeE csvmc) 12 ~ ~b ~ '«ices, slalLs o o~~; ~!C 9, ~ ; ~ i ~' _ r-, I~ i~~~ /~1 r ,;j .. ,, L ,- ~rn" ~.k' S Z/ /L' iL ~L I~~t~l l~ ~ i/~c/i% ~'l~ z _ I hezeby- tify ths,t all the above s[~cetnents arc avc, and l z~ree and understand tbat any muscacenrcnt of material faces p ~ uon roa7 use Fotf mre upon my part of any aPi'O1II I R-ay reeei4~ coot~in ro this - - nA~ ~ ' SI ATUltE Note; 'Ilvs applics6on Wi11 Lrffim on fjlc in the°City CierYs Office Eor a period of 2 ycirs from the date it was • - subtnittrd_ 1t ~will$e the applicant's Lespoo~bility to ensu>;c t6a[ a curir~c appllcativn is o~nY ~~~~~~~ <- '~~ lei ~rrr=. /~ ~~i< l RESUME FOR PEARIJ "BUNNY" MARKFIELD ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR I4 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 S W/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! uoivaiu~ rn~ lZ: vl rM ~oizv~., ~ . K ~„ r I.LGM r' ~ ~,.,.,_ o~,.YB~~ ~~ ~ ~ ~~ ~~,~~~ j , CITY OF DELRAY BEACH ~~C~t'~/~ ' , BOARD MEMBER APPLICATION 1993 w AUK - ~ ZUUS 2001 ~~''t~ L PI~Rr (PUG Oi DIIIIC L)'1G fOllO~IIIP 1IIfOLII,aUOa: \J ~~ ` "`" '"~~~~ 1 _ I~st Name: o ~ ter- C N~c ~ l+~t- i- 2 Homc Address- ~ e O 'N , 'J ... ~ ' -~ ity ~ lr- ~t Stacc F L- Zi Codc 3 3_ Jul Aaidcacc ~ ~. w~ ~ Gcy Stscc Zip Code 4_ Pnnapal Bvs,nevs Addcess_ City Stacc ~ Zip Codc S_ Homc Pbonc ~-~-?6t a Bu_gn~css Phone E-Mail Address ~_ts ~ lts»r~- Coll Ylw,,•-• 7=a~c 1 X13. i9~ G_ Arc yvu a rtpisccccd vocrz? \/~ ~ If so, mh.ccc sec cc$is( ctrl? ~ ~~ 7_ Wh~c Board(s).arc you ia[acsccd in sccoing? Please list in ocda of pccEclcncc: 8_ ~ t Ci Boards oa ~iiie6 zre eursrn Pexving or have pervious aerfw~ (Plase iad do darts) B.L(l C F ~- cY 1- ~ C 9. Fducztioml qual:6csoons: ~S • l~CO v~ 4 ....~ i c .1'' . ` J ~+-.2 Y'oti' .J' {~J ~ r~ ~ to Fe.rf' ~ , 1'.,: Iisc xny related piofcavon~l ~fic~.hon6 znd liccascs ~bich you hold 11. CYIPC your picSCY-t, ox most cccc~c ~ployc[. and poairion_ - Desm'bSSc c~eamces, rlcills or kaov+lodgc~dhi qualjfy you co scra.}c,on bvazd: (Plus zthch a bncE resume} D~ ~'Y'~ ~/\ r ICJ r.J ~6~ rl~~~f f r~Yl r r V ~ ~~~ s~-~~.~~Pd~ n~fi~~,~ ~.~..~s_ P~ ~~ Poi,- - I hcccby certify cbac all d-c aU_ ovc satcmeno arc clue, and I ~cec ,.ad .,adareaad mac any znlssta~~cac of awtm~I Earn oona~ined iu~ct,is ap licaaoo » uuac forfucucc upon my pzcc of anp ~ppoinonrnc I uizy ceccivc ~1 _ - ~ ~ tf 6 0,~'_ - S1G ZVKE _ DA?E _ t f A • J ~/~°,~ ~ i Noce. Zhis zpPlicsoon will rcmzia o,; ~ in nc~Ci C1Q1Cs OEfic:: foe z parind of 2 pcna Ftveu chc dace iivns _ submsttcrl Ic will•bc the applicants s<spoav-bility co msuic that s cvucac npplia.tion is oa fiic - sctc~c,.m~,ow..e~.,.crca~ran DELRAY BEACH O • D ~-,,~ R~cEIVEQ ~ ~ CITY OF DELRAY BEACH U~ ~ ~ 20x6 ® BOARD MEMBER APPLICATI~IV ~ 993 CITY CLERK Zoos Please type or print the following information: ~- /~..- 1. Last Name: ~C5 ~-Gt~- Name I ~ Saw~v-e..~ M I_ -' 2_ Home Address: City State Zip Code 3. Legal Residence: p ei City ~ Q wt -.c-- State ~` Zip Code ____ 4. Principal Business Address: City State Zip Code S. Home Phone: 561-330- d~tu 8 Business Phone: ~nk.~ E-Mail Address: 'Z $3 5 ~ ~4.lka Cell Phone: 56t -ZSt - 6~d~ ,~s Fax: --- 6. Date of Birth 7. Are you a registered voter? If so, where are you registered? 8. What Boards} are you interested in serving? Please list in order of reference: ~- ~ i-a~n ~ ~~t s e,r.~ ~- rw 13 J Go L h ~ ~ ~ U ~~ ~arvvn~ li i~"e 1~ a. Rt-~ ~ e•1 9. List all City Boards on which you are currently serving or have previously served: (Please include dates f3 +d uS•w-~e~{- -' ka~ Zoo x vai' Cda. s.x.1 -~ -~. 10. Educational qualifications: a ~k-~t~ o ~~~. ~ ~ ~,~ 9 e~ ~ t .. I~ . >~4 11. List any related rofessional certifications and licenses which you bold: -e ~at.~t, /~ u vLF2 12 Give your present, or most recentemployer, and position: a i z#tu .~ ~ Nv~ mat ~ L 13. Describe experiences, skt7ls or knowledge which qualify you to serve on this board: (Please attach a brief resume) -G v Y-l $... -sx a oy ta~ l~j t v M -~ " G ~. ~ l S YDvt ~u ~ Z -~,. vr~• i ..t.~ o Coh M-G ~~-- ~e~ d ~~~ 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. °7~l z/o,~ SILT DATE lvoce: tms appncauon wut remain on the in the C:tty C:lerk's Office for a period of 2 years from the date it was Samuel Resnick 2835 SW 13th Street Delray Beach, FI.334~5 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 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. ' 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 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 engineering Sans. FEE-r~^-=r~r~ ~ 1 = r~ DELRAY BEACH ~-ana~cec~q, ~ ~ X993 7.001 Please type or print the 1. I..ut Name NTQ S 2. Home Address: _ yle3~ pA->f 3. Legal Residencr_ H G EId,1HRIc:; _, •_;i it I•=. CI'T'Y R~C~-v~D OF DELRAY BEACH FEB ~ -~ ?007 BOARD MEMBER ApPLICAT~ON E~hC CITY CL infa~ation_ w Namz ~l (~ City DE~2R-~f gt~~ 4. Prinapa! Business dA dress-ess 5_ Home Phony: 6. Dare of Birch g ~ 5 -~ 8. What Board(s) a City Business Rhone: E-Mail Address: ~~ ~ ~ ~ ' S~3S~ ~i Q - SQr1.f0.5~C~~ 7_ Are you z registered voter? ~S :e you interested in serfling2 Please list in order of Pr ~i~/9 M~ . Scite Zip Code F~-- a3Y4 S Sate Zip Code State ' Zip.Code Cell Phone: yip I Far: ~T1 / Cd .~s.cn..~ sl Iv ~ ~ f so, where are you registered? ~ 4 Im ~r.~-, C o -. _fcrencc_ Ed ;~-~ Q Pta rln~~t '~ Z9rli/t , IuCr hbQrh90d Si T.ist all City 13oarcls on which you arc currcnd sc c ~~ PIQ~ ~Qe/~ ~ w y rYing or have previously serLed: (Please include dazes) 1 ~. Educational qufllifir3rions: 12. List any zelated proEcssional eezri6eacions and licenses which you hold: 5 t'~ C S T1 * jQ. L}f~ NfQ t f'~ ~ UQi~ 4~l f ,4ri~ ,-,f~P 3 12. Give your present, or most recent employer, and position: ~ 13. Describe cZpeticnecc, sl¢1Ls or knodledgc dhich uali o ~s~Tan f 9 Fy y v m serve on this board: (Plr~c attach a bacf resume) see re S ,+ m~ a,~-c~rh~~ ~ I heroby terrify that ~ the above sratcmtncs ate fie, and I a~Q[ee wd understand char any missracemenc of material Fads contained in this application may c~usc forfeiture u on m P y parr of any appointrncnc I may t~ccive. •SIGNATURE _D r] 1~~ D/tI~ . - -- bus apPLca°on a-t]l rrrzl3tn on flIe in the City CIerl~s Office for a peuod of 2 yeah fr0[?1 the dace it was submiacd. I(~ll. be nc~ appvcanc's resporLSi6iIity to ensure that a current 1pplicaaon is on File. FEE;-r~ ; -~~=iri? 1 _ ~ ^~ ~ H r Ej~l,1ARD~= `• i--~~11 ., February 7, 2007 Dear City Commissioner(s), 1t is my pleasure to seek membership into one of the following advisory boards: Education, Planning & "toning, 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 e 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. 1n 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 takes initiators, such as me, to help organizations succeed which I plan to do for the City of Delray. 1 have served on various boards throughout my educational years and comprehend the importance of dedication required of members. I now plan to include this aspect into my personal & professional life and ask that you consider me for a member of the Advisory Boards. Cordially, ~~~~ Ria Santos FEE:-rr^-?n-, ; 1 _ :n A ~ ~ EI~i,IARD~; _. ~~nt t ~ - Ria Santos 4636 Danson Way Delray Beach, FL 33445 Tel: 561.516.0788 WORK EXPERIENCE A.G. Edwazds & Sons, Inc Boynton Beach, FI. Registered Finartcia! Associate Financial Corrsultanf 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 Nagano, Japan Foreign English 7 eacher August'02 -September '03 + Teach conversational English to students, business professionals ana 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 ~b Student Leader of the Year Commerce 49 President -Student Activities Board ~ Senior Class President ~ Phi Theta Kappa ~ VoIunteer UCF ~ Rotary International, Delray Sunrise ~ Leadership Delray partiapant ~ Habitat For Humanity ~' Women For ExceIIence ~ .Catholic Counsel of Women ~ Florida Women's Business Center Advisory Board - - - - - - - ~~ ~.... F'f-1~~t f1^ o3i2a!o7 FRI 1S'63 FtLZ 58129)3774 CITY CLERK ~~~~~~~~~'~,u~ DELRAY SfACIi o e MAR 2 ? 2001 AI1-Nnerica cPty r CITY OF DELRAY BEACH G1TY ~1-E~K - BOARD MEMBER APPLtCAZ'10N 7 993 2003 Please type or print the followin4 information: ~~/~~ 1. Last Name ~ A ,,~. Q ~ /~ /~/_ ~V Name 1 ~ ~ ~ ~, J M. I 2_ Home Ad ess: _ City Sta Zip Code Zoo ~ ~-~ ~.4 ~? L.4-~-c~ d. D•~ _ _ D~L2 _ ~~o ~ - 33 ~.~ 3. Legal Residence: Gty State Zip Code ~ cc ~l 4. Principal Business .Address: Cr<y Stare Zip Code /~ O /1 ~`'!-.~~d~-!~ 1~L v.Z7 ~ort~.v~~wo I3E~~~ f=-L 33 oGo 5. Home P one: Business Phone: _ E-Mail Address: Cell Phone: Fax; rs'~1- y~3-3z,~s ~-~4i_786.9t TB S,a,~r~~.vE.I e~ 7~-~~Y' 9~_7~-4~ 6_ Date of Birth ~a ~- ,~-t zi ? 7. Arc you a rcgistere voter? If so, where are yvu registere 8. What Board(s)?re you intert:sted in sewing? Please list in order of psefcrencc: '. List alI city Boards on which you are urrernlyserving or have preciously se,-+red: (Pl~e include dates} . .------ 10. Educational qua)ific~tions: - ~- s~~ ~ .. ~ 11. List anyrelated professional certifications and licenses which you old: 12. Give your present, or most recent employer, and position: 13. Descri b e experiences, s kills or l~p~ledge ~ch g Ualify yan Lo serve on th is boa r d {Ple s e attach a a ef be esumej r ~ ! / J j } ~+ / ~ { - - ~{ / ~ ~ ~ ~ / ~ ~ " ~ ~G ~Y ~X+ ~ - ~ ' ~ (~O ~J t~~ /~ y ~r ~L~H ~I" "F~ iii C+I~~/ ~-tfOY I'rC-[... L J f~ c~''~'Gf !7 ~/ ~ ~C~v~~.- L11 /~S /4. ~.cs~~ ~~%~'S~,.~'o I hcrebp certify that the above gta2elU~nLq are ~, alld I ~~ and understand thaz any miss emcnt of m2liCrial f2cTs coaryped in rlvs applic~tian may cause forfeiture upon my part of any:~ppointm~nt I may recci~~e_ ~ S ATURE .~~~L07 DAZE Si t nn appucaL~on watt remain on file in the City Qerl~s Office for a period o 2 years from the date it was subtni[ud. It will be the applicant's responsibifity to ensure that a current application is an fik. ltrtnl_t~na 11: __ •iti:tr;.t,~t,;, t3U1LU11J~3 F.,~ ~E f~ _ JEROME SANZONE 200 MA.CFARLANE DR DELRAY BEACH, FL_ 33483 (561) ?43-3299 OUTLINE REl_1I~•1E March, 2002 City of Pompano Beach Building Official Present l00 E Atlantic Blvd Pompano Beach, F1.33061 March, 1989- March 2002 City of Dekay Bcach 61 Building Official , 100 NtiV 1 Ave Delray Ecach, Fl. 33444 June, 1.986- March 1989 City of Oakland Park 3650 `~ Building Official , NE 12 Ave Oakland Park. Fl. 33334 June, I 984- June, 1986 City of Pompano Beach l41 SW 1S1 / Assistant Building we Pompano Bcach, Fl. 33060 Official June, 1980- June, 1984 Self-Employed RR 2 Box 816 Construction Consultant R ' , Pompano Beach, Fl. 33067 General Contractoz April, 1978- August, ] 980 General Dcvelopmenl Corp. 1 l 11 Soudr Bayshore Dr Director of Primary Miami, Fl. 33131 Housing October, 19F6- April 1979 American Plywood Assoc. P Sr. International , O Box 11700 Field Services Tacoma, ~.*A, 9gq 1 I Representative August, 1965- October, 1966 ~ Rinker Materials 805 N. Rsilroad Avc E~S• Coordinator. . west Palm Beach Fl Ficid & Fabrication , _ of Project3 February, 1963- Lindsley Lumber Co Au tts 1965 8 ~ . Steel Division Estimation, Dania, Fl_ Detailing, Field Supen-ision, • Customer Relations April, 1960- Security Planning Ine . December, l 962 , _ First National Bank Bldg. Sales Representative Miami, FI February, 1960- February I9b3 Dade County Highway Estimator & , Design Section Designer 11!lb!_19114 11: __ Juue, I959- Septeniber, 1959 C R C Construction 613 Tabor Place Investor Planning Corp. 60 E 42n0 Street Ne.v York, NY FI_t I LI!I 116 JEROA•lE SAN7_ONE 200 MACFARLANE DR. DELR?.~' BEACH, FL. 33433 (561) 243-3290 OI ITLINE RESUivIE (CONT'Dl Sept. 1958- Nen~ York City Community Jan-, 1960 College 300 Pearl St_ Brooklyn, NY Sept., 1955_ United States Army Sept, ] 9~8 June, 1954- Le.ry- & O'Keef Sept, 1955 171 1.9adison Ave Ncw York, NY Estimator cf Designer Sales Representative Construction Tech., .4$S Degree Corp of Engineers I~lcchanical. Design F:,~aE tl ~ 11/1bt_u~~~l 11: __ ~3~a~:f.ak~;; FUILL~ItI~a F~aE lj5 PROFILE Date of Birth: August 27, 1936 A4arital Status: Married General Health: Excellent Military Sen-ice US Army Corps of Eng_ - Honorable Discharge, 1955-1958 Certification' Florida Slate General Contractors License #CGC-007690 Certified by die Department of Professional Regulations in the Following areas; Building Code Administrator; Structural Plans Examiner at~d Inspector; ElecRicai Plans Inspector; Mechanical Plans Inspector Plumbing Plane ]nspeeror C.A.B.O, Certified Building Official #923 Florida Board of Building Codc and Standards Certificate #l 11 Building Officials Association Building Code Director Certificate #l47 South Florida Building Code IIu.ilding Official, Chief Stntctural Inspector and Plans Examiner School: T~Tlr'CCC A.B_S_ Degree in Construction Technology Organizations: Florida Atlantic Builders Association Chairman of Affordable House Committee Governmental Affairs Committee Builders Association of South Florida Co-Chairman of Technical & Construction Committee Construction Specifications Institute Building Officials Association of lir lta _iiti~ 11. __ 'i`_,4 r>:;F.-lE.r'7 EUILDI1t6 P:~SE ~ E Florida .1EROME SANZONE 200 MACFARLANE DR DEL.RAY BEACH, FL,. FROFILE (CONT'.D} Boatels: Broward County Construction Industry Licensing Board Palm Beach County Building Code Advisory Board Palm Beach County Fire Code .Advisory Board Fire Codc Board of,4djustments and Appeals SBCCI By-Laws ComnvRec S.BCCI Codc Interpretation Committee SBCCI Existing Building Code Committee SBCCI General Design Committee ROAF Fesolutian Committee Folrn Beach County Hturicane Retrofit Committee PalmBeac:h County plumbing, Electrical and Mechanical Re~riew Committee ICC International $uilding Code Structural Committee Languages: Italian, Spanish, Japanese and Latin.. L'l~1LL'lll'~ TEROME SANZONE 2001v1ACFARLANE DR DELRAY BE.\CH, FL. 334B3 CONSULTING CLIENT ACTn~rrY l)S Dept of Agriculture Sct up construction companies to bui]d mast housing and train Persont[e) in VEnezuela, S.A., 3 projects started. National Domes, Inc. Acquire product approvals for their system under the SBCCI and SFBC. Ryan Homes Ana]}max and solve construction problems. G.D:C. Analyze and solve construction. problems. Keller, ~~eaver Rc Assoc. Evaluate buildings for condo conversions. Genstar Developed site pla~z for planned community in S. Dede ITf Evaluated strucntres at Palm Coast in Bttnncll. Fl. Approved as c;cpert witness inAmcrican Arbinatian and Federal Court. C'•P• Anal_vzc and solve problems of construction applications. Northwood Industries Advised ora marketing of cc,rastntctionproduets and gained code appro~als_ MarChem Ad~tised on marketing of construction products and gsined Code approvals. Everglades Chernicsl Advised on marketing of construction products and Eained Code approvals. MCl-Carter Coating Advised on marketing of construction products and gained Code approvals. C.A. Marando Advised on marketing of construction products and gained Code approvals. Florids Division of Lav Enforcement Analyze, investigate and evaluate projects as well as testify as An expert u.•itness for [he Construction Fraud Case • PA~.~E ri tl; !bi _i,U~t 11: __ y~~a,F.ah )}I_~ILIiIhIG F~3E ng JEROME SANZONE 200 MACFARI,ANE DR. DELRAY BEACH, FL. 33483 PROFESSIONAL ASSOCIATIONS Anxrican Concrete Institute (ACI) American Institute of Timber Construction (AITC) Building Officials Association of Florida (B0,4F) Building Officials Association of Palm Beach County (BOAFPBC) Building Officials and Code Administrators (BOCA) Construction. Specification Institute (CSI} Council of Aracrican Building Officials (CABO) international Conference of Building Officials (ICDO) Southern Building Code Congress Inten~ationa} f SRCCI) PROF£SSION.~L CERTIFICATIONS Broward County Board of Rules and Appeals: .Building OffciaU Plans Examiner Building Officials Associarion of Florida: Building Officials Department Director Council of American Building Officials: Building Official Florida Association ofPIumbing-Qas-Mechanical Inspectors, Inc. State of Florida, Department of Business & Professional Regulation: Building Officials Codc Administrator, Plarlc Examiner, Inspector State of Florida, Department of.Bugincss 8 Professional Regulation: General Contractor State of Florida, Florida Board of Building Caries & Standards: Building Official RELATED INDUSTRY ACTiTti'ITIES Building Association of South Florida: Co-Chairman, Construction g Codes Corrunittcc ] 980-3I Chatrmen, Palm Beach County Fire Codc Advisory Board 1990-9~1 Chairman, Falm Beach Caunty Fire Codc of J~ppeals R Adjustments I990-94 Collece of architects. Engineers & Stuveyors Seismic Cortarruttee 1965-73 Low Cost Housing Committee- Puerto Rica 1963-68 President, Building Officials Association of Brov,~ard County 1937-8R President, $uilding Officials Association of Palm Ilcach County 1994_95 Southern Building Codc Congress International By-l,a«s Commirtee 1992-93 Southern Building Code Congress International Codc Interpretation Committee 1994-9, Southern Building Codc Conference International Existing Euilding Code Committee 1.995-97 Southern Building Code Conference International General Design Committee 1997-1999 International Code Council ICC INTERNATIONAL BUILDING CODE>Structutal Commiittee 1999_ Present PAGE ~9 ~1~~"0 _.._~. DELrtAY BEACH ~a~~'`' ~~ ~~,~ 9 ~ ^' Zoos ,99s CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: i. Last Name: Name M. I. Shaffner Ch 1 E 2. Home Address: City State Zip Code 2953 Sabalwood Court Delra 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'Addtess: Cell Phone:: Fax: Phone: (561) 278-2628 ceshaffner@bellsouth.net (561) 706-2138 (561) 381=7328 561 498-3652.- ! A _-____ ~• .u~ r~u a ic~ia~ci~u vc~~Cr.- ii so, where are you registereb~ xes , Nrectnct'/154 7. What Board(s) are you interested in serving? Please list in order of preference: Planning & Zoning, Site Plan Review and Appearance Board 8. List ~afl 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 l 1. Give your. present, or rriost recent employer; .and position: Gringle, Doherty & Wheat; Inc., Commercial Agent i~. Lesrnde egpenences, skills or knowledge which qualify you to serve on this board (Please attach a brief resume) ~~ a 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 J~ 1 ~9 Cp 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. S1CI7'YG7ERK~80ARD1 APPLICATION 2953 Sabalwood Ct Delray Beach, Florida 33445 Phone: (561) 498-3651 Gell: (561) 706-2138 Email: ceshaffner@bellsouth.net E~erience 2005-2006 Gringte, Doherty & Wheat, Inc_ Delray Beach, FL Commercial Real Estate, Realtor 2003-2004 Forex Trading Strategies Delray Beach, FL Complete accounting set-up from inception, $600,000 in sales. Including all record keeping, processing payroll, interviewing and handling all employee- reviews. Accounting Manager • Acxounts Payables • Account Receivables ^ Journal Entries ^ Reconciled Bank Statements ^ Payroll ^ Human Resources • Unlimited Check Signing 2001 HMY Yacht Sales Palm Beach, FL Sates Assistant ^ Sales Assistant to 5 Yacht Brokers • Prepared atl 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 remar-ufacture. We manufactured ABS units, transmission controllers for Daimler/Chrysler, Volvo, Volkswagen, GM and l=ord as wel! as generator control and monitoring systems for Caterpillar, Cummins Diesel, Onan snd 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 atl 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 Account-hg Manager ^ Accounts Payable aging, keeping all payables within terms and negotiating discounts. ^ Set-up all records for new accounting software CMS, IBM, arranged and folk>wed through on at! go live deadlines. ^ General Ledger Account coding on all invoces • Voucher, posting of alt 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 ^ tSC{9001-9014 and QS9000 Certification JI_fl I-i?t~.-~t_u=tf. 1~.: 1~ FROL1: f•iHC PIILLF=If 1 :_._ ~=:Tt=Hi lLE'~' cbl~ r t~^,?~ 2 TQ: ~-1=:? i i-1 F' . c -, DEl1tAY BEACH V . ~'~"`~`~~`" CITY OF DELRAY BEACHRECEIVED ~ r ~ BOARD MEMBER APPLICATt~, p~6 2006 o; CITY C~E~ Please t}~~c ~~r print cht fc,llov~~ulr, inf<~rma ~ ~~ L Last,Namc: ?. 13ome Ad c .: ~_ T._c~al Kesirlcncc' _ ~dS ~~~ T~`~ ~. r'ii„c.ipal Nusuless Addrzss- ~q ~ ~~' ~~ 5. I-h>mc Phc~nc~ Tiusincs Pltone_ --- ~~~-433 (i. rlrr you a rc~i~creil vArcr' ~5- ?. }7`i/hat fto~l4i(si arc yot}~njcte:red i+~sc~-ip City ~ ~~ E-Mail ,Address: Cell 1'h<~nc: ~I~.cc'/rh ~!ll~r~~~' TE v, .t~heEe z,-c }~oii r~,f?isccreR}. Please list in r~rdcr of prcfcrc~ce_ i ~i. t_ $ratr 7 ~ (-uilz true Zip Code ~ j~5'~~ Stare Lip (.<~d~ ~~ ~ ~~~ ~~ ~~~~~~ ~. List all C~cV R.,~rils un which ynu art c,urcndy Scivu,~ or have prcvi~>usl} scivcd: (Please iuclode dates) -t. F_ducad.,nal ~i».liti r~nn nl Ip. List any related proFession~l cer>iiYications and iicrnsc:s which you ],old: 11. (,ivc your present, n,~nar.1-ccct~t employer, and posiri~tn_ l _'. Ucsci~hc. expcricn~;~t, k~ls or l~~wled~c which yu;rliFy yi+i+ to scivc on this hoard= (Please atelch a brie} resume) 1 hereby terrify that all ~),e ahrve. sc,~tcmcnts arc. tn~c, :snd I agree and understand that ar,y ~~,iscttancnc of marcri:J facts cotulinc ~ .anon ~ ,use forfcimrc ul±on my part of at,y appointment T m:+y rccei.re. .L. IRC DA1T Note: us .. : ~. ~~t tctnain on file in the Citg Clcrlc's Office fvr a period of 2;errs front ttte date it was submitted. It will be the applicant's responsibilit-~~ to ensus:e that a current application i.s nn hlc. Sv:rn~ca~xxvu~ ~t;u:.vrt.KnTNN+ uon_ ~~v ~~ (~i~, ~~ ~~ 7 TUtI-~1~-~'~=1t~r". jf.:l'~ FRC~-'t:l•1H~_: t•tILLa~I! _. '=~THIILE•~' `_~~.l~~r:=::=::=~1 TO--1. iii-{ Thomas M. 9fanley EducaRion P-ofssslonal experlenca 1995-1999 B.A. Htsibory 1999-2002 Jur13 fl3xtor MacMillan S. Stanley, PLLC MacMillan 8 Stanley Build/ng 29 NE 4th Avenue Delray Beach Ft_ 33483 Phone: (561) 2T6-6363 Fax: {561) 276-888'1 tam@macmillanstanley.com 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 Estate closely held corporations condominium law Princeton, NJ Tallahassee, FL Delray pr~dsssitonal Member of the Florida Bar: American Bar Association; Delray Beach memb~er~lp~ Chamber of Commerce; Chairman's Ctub; 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 Ob~ectl+ra I am a Delray Beach native and have a vested interest in the success of Delray -Beach as a downtown landowner and businessman. !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' - - - VCLKNI DCAI..tI ~ ~ ~ o ©~ a~-n~cac~y ~~~~~~ ~~~~® 1993 2001 CITY OF DELRAY BEACH R~G~~vEO BOARD MEMBER APPLICATIOI~~N~ 21240 Please type or print the following information: 1. Last Name: ~~~ n L Name ~~~~ ~ M I. 2 H Add . ome ress: ~ ~~ City~~ ~ ~ S~ Zi Code 3 L l R id . ega es ence: City State Zip Code ~~:~ ~ 4 Pri i l B i . nc pa us ness Address: City State Zip Code 5 H Ph . ome one: z~y- ~~ Business Phone: ~~3-~~'~ E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? If so, where are you registered? ~~ j~;¢Y G!~- 7 at Board(s) are you interested in serving? Please list in order of pr re ce: .Q 8_ List all City Boards on which ou are currently servin or have previo sI served• 'lease include ates} _ C-~ ~~/ v2c~-~-r~.~cJ 9. Educational qualifications: 10. List y ,elated profession, ertificarions and licenses which you hold: ~ "" ALL /.uoij 11. Give your present, or most recent employer, and position: ~ sc €' ~J~s'! ~ ~~ ~.~/2 ~~/ C~~~ ~ . 12. D~ tribe experiences, skills or knowledge which qualify you to serve on this board: Lease attach a brief resume) ~ oC ~ ~ . G /mil/ U ~ fib /~~ S f ~~ ~ ~!2 fife! ~ d/~ ~~ S X51 ~i~/ a. I hereby certify all the above statements are true, and I agree and and nd that any misstatement of material facts co m sap licati fo enure upon my part of any appointment I may r eive. l ~G A RE ~c v DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it-was submitted. It will be the. applicant's responsibility to ensure that a current application is on file. _ S1CIfYQERK\BOARIXAPPLlCA770N CITY ~/~//~7 va -,i, T~~i~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~!!~~ DATE: AUGUST 29, 2007 SUBJECT: AGENDA ITEM # ~~•~ -REGULAR MEETING OF SEPTEMBER 4.2007 RESOLUTION NO.50-07 (TENTATIVE MILEAGE LEVY FOR FY 20081 ITEM BEFORE COMMISSION Resolution No. 50-07 tentatively levies a tax on all properties in the City of Delray Beach for FY 2008. The proposed millage rate for FY 2008 is 6.5783 mills. Resolution No. 50-07 will set the tentative millage, which can still be reduced at the second budget hearing on September 18`s when our final millage will be adopted. BACKGROUND The rate of 6.5783 mills is less than FY 2007. Operating millage is 6.14, while debt service millage remains at 0.43. The rolled back rate calculated under the TRIM law for operating purposes is 6.7527 mills. The tentative millage rate at 6.5783 mills would be 9.156% less than the rolled back rate. The assessed valuation on all taxable property within the Ciry for operating purposes is $8,714,375,264. The assessed valuation for debt service is $8,715,481,763. The reason for the differential is the exemptions that were granted to historic properties in the Ciry. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. Final adoption of the FY 2008 budget is scheduled for September 18, 2007. FUNDING SOURCE N/A RECOMMENDATION Recommend determination of the millage rate to insert in Section 1, and approve Resolution No. 50- 07. S:\City Clerk\AGENDA COVER MEMOS\Resolution Agenda Memos\Res 50.07 Tentative Millage Levy FY 2008 090407.doc RESOLUTION NO. 50-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $6.1449 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2007, and ending September 30, 2008. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $8,714,375,264. The tentative operating millage rate of $6.1449 per one thousand dollars ($1,000.00) is less than the rolled-back rate of $6.7527 per one thousand dollars ($1,000.00) by 9.156%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $3,588,420. There is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $0.4334 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2007, and ending September 30, 2008, upon the taxable property of the City of Delray Beach, the assessed valuation being $8,715,481,763. Section 3. That the above tentative millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. 2007. c 'on 4. That a public hearing was held on the proposed budget on September 4, PASSED AND ADOPTED in regular session on this the 4~' day of September, 2007. ATTEST: MAYOR City Clerk RES. N0.50-07 CERTIFICATION OF TAXABLE VALUE SECTION I Year ~ 2pp7 County Palm Beach Principal Authwrity Delray Beach Taxing Authority: (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) _ (4) (5) Current Year Net New Taxable Value (New ConsUuction + Additions + Rehabilitative Improvements Increasing Assessed Value By At Least 100% + Annexations + Total Tangible Personal Property Taxable Value In Excess of 115% of the Previous Year's Total Tangible Personal Property Taxabie Value -Deletions) FOR DOR USE ONLY OR~20 City: R. (16/07 TA Levy: Delray Beach -Debt Service $ 8,414,368,652 (1) $ 298,835,390 (2) $ 2,277,721 (3) $ 8,715,481,763 (a) $ 147,168,149 (s) (s} Current Year Adjusted Taxable Value (4) - (5) $ 8,568,313,614 {s) {7) Prior Year FINAL Gross Taxable Value (From Prior Year Applicable Form DR-403 Series) $ 8,363,640,539 (7) (8) Enter number of Tax Increment Value Worksheets (DR-420TIF) attached (If none, enter O) 0 1 do hereby certify the values shown herein to be correct to the best o- my knowledge and belief. tress hand and o ici ignature at West Patm Beacb ,Florida, this the 29th day J 2007 (Month, and Year). • • - Sign lure of Property Appraiser "... -:.. :~~x, .a... _ c~6=~€fmYk~r:, '§. .tx,,::.. '7~xatGr:~::e~.~Z Eh.;',< SECTION II Taxing Authority: H this portion or the form is not completed in FULL your Authority will ba dented 7wM certificatlon and possibly lose its millage levy privilege for the tax year. K any Ifns is inapplicable, enter N/A or -ll-. (s) Prior YearOperaGngMillageLevy g see other form versl,ooo (s) (10) Prior Year Ad Vabrem Proceeds (7) x (g) $ se~_ other form (to) (11) Amount H any, paid or applied in prior year as a consequesnce of an obligation measured by a dedicated increment value: Sum of either line (3)c of (4)a for alt DR-42071E forms $ '" ' rr rr {1 t) (12) Adjusted Prior Year Ad Valorem Proceeds (10) - (11) $ n n n (12) (13) Dedicated Increment Value, if any: Sum of either fine (3)b or (4)e for all DR-42071E forms $ +' rr rr (13j (14)Adjusted Current Year Taxable Value (s} - (13) $ rr rr rr (14) (15) Current Year Rolled-Back Rate (12) divided by (14} $ +r rr n (1s) Current Year Proposed Operating Miliage Rate $ rr rr rr per 51,000 (15) per 51,000 (16) (17) Check TYPE of Principal Authority (check one) County Independent Sp. Dist ~Munidpality ~WaterMan.Oistrict (18) Check Applicable Taxing Authority (check one) ~Priricipal Authorriy ~Oep. Spec Dist ~MSTU (19)13 millage levied in more than one county? (check one) Yes aNo ., ..; .,. ;. y . (20) Current Miliage Levy for Voted Debt Service ~ ~~ ~ ~ ` ~ ~ "' ~ ` $ .4334 persl.ooo (zo) (21) Current Miliage Levy for Other Voted Miliage - Q .,,i r,.. ,,~ .~.,.., ~.~;;~-STRiGS`A~~Us ) _ iles_22) - (28) (22) Enter the Total Adjusted Prior Year Ad Valorem Proceeds of ALL Dependent Special Districts $ n / a, (22) and MSTUs levying a miliage. (The sum of Line (12) from each District's and MSTU's Form DR-420) (23) Total Adjusted Prior Year Ad Valorem Proceeds (12) + (22) $ n / a (23) . (24) Current Year Aggregate Rolled-Back Rate: (23) divided by (14) (25) Current Year Aggregate Rolled-Back Taxes (4) x (24) (28) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal Taxing Authority, all Dependent Districts, and MSTUs ii any. Sum of line {16) x line (4) from all Form DR-4203 n/a (ZS) (27) Current Year Proposed Aggregate Miliage Rate: (26j divided by (4) $ n / a per St,000 (27) (28) Current Year Proposed Rate as a Percent Change of Rolled-Back Rate: ((Line 27 divided by line 24) - 1.OOj x 100 n/a % (28) Date, Time and P{ace of the First Public Budget Hearing: September 4 , 200], ] ; QQ P;,.m. , City Commission Chambers, Delray Beach,City Hall, 100 NW 1st Avenue, Delray Beach, FL I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and Gelief, FURTHER, I certify that all millages comply with the provisions of Section 200.185 and 200.071 or 200.081, F.S. WITNESS my hand and official signature at De ray each ,Florida, this the 1St day of August, 2007 (Month, and Year) ~- David T. Harden__ t same Signature and Title of Chief A fie Address of Physical Location 100 NW 1st Avenue Joseph M. Safford, Director. of Finance Delray Beach, r'LNn~.i4~+4 561-243-711~'ameofContadPersor~61-243-7166 City Stale Zip Phone # Fax # SEE INSTRUCTIONS ON REVERSE SIDE CERTIFICATION OF TAXABLE VALUE SECTION I Year 2007 County Palm Beach Principal Authority De)ray Beach Taxing Authority: (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes (3) Current Year Taxable Value of Centralry Assessed Property for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) _ (4) (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative Improvements Increasing Assessed Value By At Least 100% + Annexations + Total Tangible Personal Property Taxable Value In Excess of 115% of the Previous Year's Total Tangible Personal Property Taxable Value -Deletions) (6) Current Year Adjusted Taxable Value (4) - (5) (n Prior Year FINAL Gross Taxable Value (From Prior Year Applicable Fonn DR-403 Series) (8) Enter number of Tax Increment Value Worksheets (DR-420TIF) attached (If none, enter 0) 1 do hereby ceAify the values shovm herein to be correct to the best of my knowledge and belief. at West Palm 8eacb ,Florida, this the 29th day of ~ ~~~ L FOR DOR USE ONLY DR~20 City: R 06/07 TA Levy Defray Beach $ 8,413,262,153 (t) $ 298,835,390 (2) $ 2,277,721 (3) $ 8,714,375,264 (4) $ 147,168,149 (s) $ 8,567,207,115 (s) $ 8,362,590,396 p) hand and (Month, and Year). SECTION II Tsxing Authority: H this potion of the form is not eorrKrleted in FULL your Authority will be denied TRIM certincation and possibly lose its minage levy privilege for the tax year. H any Ilno is inappllcabla, enter N!A or -ll-. (9) Prior Year Operating Miilage levy $ 6.8 600 per 51,000 (g) (10) Prior Year Ad Vakxem Proceeds (n x (9) $ ~ 7~~ 7 H ~ A (t 0) (11) Amount, K any, paid or applied in prior year as a consequesnce of an obligation measured by a T dedipted increment value: Sum of either line (3)c or (4)a for all DR-42071E forms 9 173 446 $ > > (11) (12) Adjusted Prior Year Ad Valorem Proceeds [10) - (11) $ ~fR , t 93 , Q Zrf (12) (13j Dedlr~led Increment Value, if arty: Sum of either line (3)b or (4)e for all DR-42071E fomu $ ) s /, qn s t q ~ s~ 95 (13) (14) Ad)usted Current Year Taxable Value (6) - (13) $ 7 r) ~ 7 s O ~ ~ s A ~ n (14) (15) Current Year Roled-Back Rate (12) divided by (14) $ (~ _ ] 5 ~ 7 per St,000 {15) (16) Current Year Proposed Operating Miilage Rate $ h .1444 per sl,ooo (18) (17) Check TYPE of PrlnGpal Authority (check one) County Independent Sp. Dist. Municipality ~WaterMan. District (18) Check Applicable Taxing Authority (check one) aPrinapal Authority Dep. Spec Dist ~MSTU (19) Is mlllage levied in more than one county? (check one) Yes aNo (20) Current Miilage Levy for Voted Debt Service ~ s e e other form Per 51,000 (20) {21) Current Miilage Levy for Other Voted Miilage ~j~ 5 s e e other form Per sl,aoo (2t) t (22) Eller the Total Adjusted Prior Year Ad Valorem Proceeds of ALL Dependent Special Districts $ 5 7 S , 4 71 (22) and MSTUs levying a millage. (The sum of tine (12) from each DisiricCs and MSTU's Form DR-420) (23) Total Adjusted Prior Year Ad Valorem Proceeds (12) + {22) $ 48 , 7 6 9 , 3 9 6 (23) (24) Current Year Aggregate Rolled-Back Rate: (23) divided by (14) $ _~ _ R q 3 3 per 51,000 (24) (25) Current Year Aggregate Rolled-Back Taxes (4) x (24) $ 5 9 , S 4 7 .9 S 1 (25) (26) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Prinapal Taxing DR s all Dependent Districts, and MSTUs it any. Sum of Tine (16) x tine {4) from all Form $ 54 , 095, 727 (26) (27) Current Year Proposed Aggregate Miilage Rate: (26) divided by (4) $ 6.2076 per st,ooo (27) (28) Current Year Proposed Rate as a Percent Change of Rolled-Back Rate: [(Line 27 divided by line 24) - 1.00) x 100 -9.15 6 % (2s) Date, Tune and Place of the First Public Budget Hearing: September 4 . 2U07 . 7.00 n _ m _ , C;i ~y ('nmmi c a i nn Chambers, Delray Beach City Hall, 100 NW 1st Avenue, Delray Beach, FL I do hereby certdy the mdlages and rates shown herein to be coned to the best of my knowledge and belief, FURTHER, I certify that all millages comply with the provisions of Section 200.165 and 200.071 or 200.081, F.S. WITNESS my hand and official signature at De a each , Forida, this the 1St day of AuguS t . 2007 (Month, and Year) ~"- David T. Harden same signature and Tille of Chief Adm ~r ~ ager Address of Physical Location 100 NW 1st Avenue qt~~,~ Joseph M. Safford, Director of Finance Delray Beach, ~~i~33~s~4 Name ofContadPerson 561 243 7116 561 243 716b CAy State Zip Ptwne t; Fax # SEE INSTRUCTIONS ON REVERSE SIOE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER C~~~~f~-~'~ DATE: AUGUST 29, 2007 SUBJECT: AGENDA ITEM # ~ ©• ~ -REGULAR MEETING OF SEPTEMBER 4. ' RESOLUTION N0.51-07 (TENTATIVE MILEAGE LEVY IN THE DDA TAXING DISTRICT FOR FY 2008) ITEM BEFORE COMMISSION Resolution No. 51-07 tentatively levies a tax in the amount of 0.8855 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2008. BACKGROUND This tentative millage is less than the 0.9731 rolled back rate calculated under the TRIM law by 9.89%. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $617,149,121. A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA budget for FY 2008. Final adoption of the DDA tax levy for FY 2008 is scheduled for September 18, 2007. FUNDING SOURCE N/A RECOMMENDATION Recommend consideration of Resolution No. 51-07. S:\City Clerk\AGENDA COVER MEMOS\Resdution Agenda Memos\Res 51-07 Tentative Millage Levy DDA F7' 2008 Ox}407.doc RESOLUTION NO. 51-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. 'T'hat a tax of $.8855 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2007, and ending September 30, 2008. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Dekay Beach is $617,149,121. The tentative operating millage rate of $.8855 per one thousand dollars ($1,000.00) is less than the rolled-back rate of $0.9731 per one thousand dollars ($1,000.00) by 9.89%. Section 2. That the above tentative millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That a public hearing was held on the proposed budget on September 4, 2007. PASSED AND ADOPTED in regular session on this the 4~' day of September, 2007. ATTEST: City Clerk MAYOR RES. NO. 51-07 CERTIFICATION OF TAXABLE VALUE SECTION 1 Year 2007 County Palm Beach Principal Authority Delray Beach Taxing Authority: (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes (3) Current Year Taxable Value of Centrally Assessed Properly for Operating Purposes (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) _ (4) (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative Improvements Increasing Assessed Value By At Least 100% + Annexations + Total Tangible Personal Property Taxable Value In Excess of 115% of the Previous Years Total Tangible Personal Property Taxable Value -Deletions) (8) Current Year Adjusted Taxable Value (4) - (5) (7) Prior Year FINAL Gross Taxable Value (From Prior Year Applicable Form DR-403 Series) (8) Enter number of Tax Increment Value Worksheets (DR-420TIF) attached (If none, enter 0} FOR DOR USE ONLY DR-420 Cam. R. 06/07 TA Levy: Delray Beach -D.D.A. a 617,149,121 (1) 3 0 (2) 0 (3) $ 617,149,121 (4) $ 25,773,443 (5) S 591,375,678 (s) b 575,471,443 (7) 0. 1 do hereby certify the values shown herein to be correct to the best of my knowledge and belief. tNtne and and official si nature at West Palm Beach ,Florida, this the 29th day of June 7 (Month, and Year). ipnatu of Prope Appraiser z, , , , ,, , ,- . _ _ ,. , , .. ~ i SECTION I I Taxing Authority: N this portion of the form fs not completed In FULL your Authority will bo domed TRIM certification and possibly lose fts millage levy privilege for the tax ysar. H any Itne is inapplicable, enter NIA or A-. (9) Prtor Year Operating Millage Levy ~ y 1 . DODO per 51,000 (9) (10) Prior Year Ad Valorem Proceeds m x (9) (11) Amount, if any, paid or applied in prior year as a consequesnce of an obligation measured by a dedicated increment value: Sum of either line (3)c or (4)a for all DR-42071E forms (12) Adjusted Prior Year Ad Valorem Proceeds (10) - (11) (13) Dedicated Increment Value, if arty: Sum of either line (3)b or (4)e for all DR-42071E forms (14) Adjusted Curtent Year Taxable Value (6) - (13) (15) Curcent Year Rolled-Back Rate (12) divided by (14) (16) Current Year Proposed Operating Millage Rate (17) Check TYPE of Principal Authority (check one) County ®Municipality (18) Check Applicable Taxing Authority (check one) Principal Authority (19) Is millage levied in more than one county? (check one} Yes (20) Current Millage Leey for Voted Debt Service s 5 7471 (10) . 3 -O- (11) $ 575.471 (t2) 3 -O- (13) $ 591.375.678 (14) s .9731 $ .8855 perst,ooo (15) perat,ooo (1s) Independent Sp. Dist. Water Man. District ~Oep. Spec Dist. ~MSTU ~X No g (21) Curcent Millage Levy for Other Voled Millage ~ DE1~~I7 SP~GI`At_ DISTRICTS AND M5TUs~ SKIP Ilnes (22) - (28} (22) Enter the Total Adjusted Prior Year Ad Valorem Proceeds of ALL Dependent Special Districts g ri/ a and MSTUs levying a millage. (fhe sum of Line (12) from each District's and MSTU's Form DR-420) (23) Total Adjusted Prior Year Ad Valorem Proceeds (12) + (22) (24) Current Year Aggregate Rolled-Back Rate: (23) divided by (14) (25) Current Year Aggregate Rolled-Back Taxes (4) x (24) (26) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal Taxing Authority, all Dependent Districts, and MSTUs if any. Sum of line (16) x line (4) from all Form DR-420s (27) Curtent Year Proposed Aggregate Millage Rate: (26) divided by (4) (28) Curtent Year Proposed Rate as a Percent Change of Rolled-Back Rate: -~- -~- n/a per $1.000 (20) per E1,000 (21) (22) (23) $ n~g pery1,000 (24) 3 n/a (25) $ n/a (2s) ti n/a per $7,000 (27) [(Line 27 divided by line 24) - 1.00) x 100 n/g % (28) Date, Time and Place of the First Public Budget Hearing: September 4, 2007, 7:00 p.m. , City Commission Chambers, Delray Beach:City:H411, 100 NW 1st Avenue, Delray Beach, FL 1 do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief, FURTHER, 1 certify that all millages comply with the provisions of Section 200.185 and 200.071 or 200.081, F.S. WITNESS my hand and official signature at • Delra B Ch ,Florida, this the 1St day of August, 2007 (Month, and Year) ~_ ~ David T. Harden Game Signature and Title of Chief mi Wager Address of Physical Locatan 100 NIW 1st Av ate Joseph M. Safford, Director of Finance Mailing Address Name of Contact Person Delray Beach, FL 33444 561-243-7116 561-243-7166 Cfty State Zip Phone # Fax # SEE INSTRUCTIONS ON REVERSE SIDE s 07 03:05p DELRRY BCH CHRMBER 5612780555 p.2 Downtown Development Authority Income & Expenditure Estimate to 9/30/07 & Proposed Budget __ ip atei. bi~lla7 (:lraendad Gom 7 9;11" ~,:[;) ` 1 --... . 2 3 1 _ ; -- - -- - ---- ---- -- --._- ... _..... _- .. 1 _ 1 .----- - ~ ~ - 4 -- - ~ - ___ 5.. 6 -- Income & Expenditure Under/(Ove; Proposed ------~~--" - Ac~a! " "Actual estimate _ 1Yu~et Budget Kudget ._ _. __.. -- -__ _.-- -__-. _._ lUU3tU6 __ to - f '1'o Yc ZUTlG/U7 hatelUU7/Utf Re~et~nes- _ ___ _ _ 109 548 __ __._.. 372 550 5.2__4 253 54.8 _~~ _ __ _ _.Ad Valorem Taxes____.--____, .. 1 i ~ __ ,109 0 519,161 _Interest_Earned ___ 2_ 1,900 1,185 1,500 1 500 0 1 500 _ --- ~ ' -.--Miscellaneous lncome__ _ _-. . -------.___3-- - ~ _ -_ __~...___ ~_._ _._ _ . , _ _._.. --- - Tot~. Revenges ~9 374.450 525,438 ___54~,60~r 549.609:__ - . _ _._ __ 0~ - .520,661 _... --- _ 1 - ' Cxeenditures - --... _D.M,C,._Contribution _____ -_____. ,..- . -i l 12.7,891 92,091 l (9,391-- l 19,200'-----(191)' 120,000 Cit~S~eci.al_Ev_ent.Overtime _ . __ _l2_ ________.-.. ~ _ _ ! _ __ _ _ _ _ 12,000 _External_Aud~t_Fees___________ _......_ = 13- 5,500 i __ _ 6,000^_ _ 6600 _ 5,500_. (500)j 7,500 _~ 13ookkeepin~ Fees. _ .. - _ 14 1,650 ~ 1,200 2,000 2,000 0 i 2,100 - - --- _ . . Bank Char.~es .. _ _ .... 45 r . ___ _..- 1 - --150_. - --~-_0 ,. _ . -- O- . _._ _sl------ - - Due~ and. Subscrivtions -. _-... _ 16 } .. 2,424 2,407 __ _~__~07 _2,000 _ _ _(407)1 2,500 Chairman's Club Dues 17 ~ 1,000. 1,006; 1,000 _ _ 1,000_ 0 ' 1,000 _ ___L.iability_ Insurance_._.-_-__..._ _ 18 ~ 6,63_1--___ 5,260' -~- 5,200 __ 8,000 2,800.; 8,000 Propert~+ Appraiser`s etc Fees . __l9__ ___._2504 j 2,4241 3,25 ~ 3 400 149 ~ 4,400 _.. Conferences,. Meetings & Tra_v_el.._._ . 1.20 _ 5,902 4,469 ~,006i __8,000__ 0 i 8,000 ___Office Suunlies~.Ec~uin_. Reoairs.._._ _ ~ 2l ~ 1 61.2 ______ 824 1 500 __ 1 500 _ 0_!_ _ 1,500 _ .. Maili~and, Postage . _ .22__ i _ _ _ 4,07 l 5,401 _~ _ 7,60 8,000 _ __1_,0_ _00 7,000 Office Rentals 23 2,400 2,640 2,640 2,640 0 ' 2,640 .___$ub Total Office 1~Rtlre~ses ...-.. .. 30 - 161_,630....123,656. ._158,539 _ 161.3.90 ._.__.__2,851. 176.640 Downtovm Man Soonsorsh_ in_ - _ 3_1_ 22.5551 3~,~28 _ ?7,428! 35.000 _ . (2,428) 35,000 ~~ 35,000 35 000 _- - 0 ~ 35,000 Ho[da.~Ttee & 1 st Ni.eht. Spansorship'_ 32 -. _ 20,000.. __-..___ ___. _..-_. ~. 35_,000. . . .- --Pineanale.Grove _....-----.-----_ ....__ . 33 5.000 --.- --..----- 5,000 __ _ 5,000 _ p - _ --0- _ - --- ---W.A.R.C.-...-.._ ...._...---.. 34. _.5,0.0.0 ..._.__4,908_ ~ 5.000___ __ _92 ~ 0 _. _.. Bride _1?ark ---.. _._ . . 3 5..--- ---- .-.. 5,117 5,117: --5.000' - -.. - .~ 1.17)1 0 - Other Promos & Grants (b/fwd)_ -___ _ 36 _ 6,500 . _ .1Q560~-- ~ ] 2,000: _10.000: (2,000)1 ~0 _Retail Promotions .._.--__ - _...___...._.... 37 i 2 400.-..._-22,509; 25,000 - 25,000 _,.._._ _ __.0 ~ 25,000 _ Other.Special Events___ _.. _ - . ~. 38 _~_ _ _..- -_._ ~ __ . _ 13,500 --- Net Print Marketing &_Adv_erts~b/fwdl 39. i- 130.355._ __185,787- ~ 21 b,526 215,9701 556 ! 185,130 ~----~ __Othec Marketing&-Economic Dev. _..- . 40_ ~__-___._ :. __ .___._._ .. 50.000 _50,000 ~ 50,000 Sub Total Marketing & Promotion 50 ~ 201.810 296341 340.9791 385.970 44,991 ~ 343.630 ----- -- _T_Q.tal Rev..cp.pes._.. _ .__._ _.. _ 374,450; _525,4.~$~-_ -549,609-__544,609 ess_'~"otaC Expenses . _ , 52 _._ 363,440 I 419,997 _ 499,518 547,360 ~.._ Total Revenues Oyer (LJtrder)__- _ . . 53_ 11.. 010 ...105,441, __. 50,091. ..2,249 1 ~ ~ __ ..- _._.. ~--.. .---r-_ _ -- -~ -- 0 1 520.661. 47,842 ~ 520,270 _ _.. . _ _ ~ 391 _. ---- - Funds B/Fvvd October-1st 10,444 21,454 21,454: 21,454 ~ -----.. Total Funds earned fwd I. ~ 21,454': 126,8951 71,545' 23,7031 1 71,545 7 Date: 8!7/2007 12:42 PM 51 Page: 1 ~~/o~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~ DATE: AUGUST 29, 2007 SUBJECT: AGENDA ITEM # ~ O• ~ -REGULAR MEETING OF SEPTEMBER 4.2007 RESOLUTION N0.52-07 (TENTATIVE BUDGET ADOPTION FOR FY 2008) ITEM BEFORE COMMISSION Resolution No. 52-07 makes tentative appropriations of sums of money for all necessary expenditures of the Ciry for the period from the 1 S` day of October, 2007 to the 30~' day of September, 2008. BACKGROUND The tentative appropriations are set forth in "Exhibit A" to the resolution. The additional funds provided at 6.5783 mills are shown under "Reserves". Any recommended amendments to "Exhibit A" will be addressed in the Resolution for Final Budget Adoption slated for approval during the September 18, 2007 City Commission Meeting. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the tentative budget. Final adoption of the budget for FY 2008 is scheduled for September 18, 2007. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Resolution No. 52-07. S:\City Clerk\AGENDA COVER MEMOS\Resolution Agenda Memos\Res 52-07 Tentative Budget Adoption FY 2008 0~~407.doc RESOLUTION N0.52-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 15` DAY OF OCTOBER, 2007, TO THE 30~' DAY OF SEPTEMBER, 2008; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby tentatively appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 15C day of October, 2007, and ending the 30~' day of September, 2008, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 15C day of October, 2007, and ending the 30`'' day of September, 2008. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30`}' day of September, 2007, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 15t day of October, 2007. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 151 day of October, 2007. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such deparnnent, bureau, agenry or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefore. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby tentatively adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That a public hearing was held on the tentative tax levy and the tentative budget on September 4, 2007. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 4'~ day of September, 2007. MAYOR ATTEST: City Clerk RES. NO. 52-07 CASH BALANCE8 BROUGHT FORWARD TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM-DELINQUENT AD VALOREM - DDA Sales & Use Taxes Franchise Taxes U81ity Taxes Other Taxes Licenses 8 Permits Intergovernmental Charges for Services Fines & Forteitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUE8 AND OTNER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES Millages s.~aas o.a~a 0.9955 Exhibit A Budget Summary DOWNTOWN GENERAL DEVELOPMENT FUND FUND - 825,000 SPECIAL ENTERPRISE REVENUE FUNDS FUNDS TOTAL 115,070 807,570 1,747,640 50,871,520 0 0 50,871,520 3,588,420 0 0 3,588,420 66,000 0 0 66,000 519,160 0 0 519,160 1,552,000 0 0 1,552,000 6,239,250 0 0 6,239,250 5,986,230 0 0 5,986,230 3,900,000 0 0 3,900,000 4,655.170 0 0 4,655,170 7,862,470 706,450 1,941,100 10,510,020 7,213,640 40,579,430 0 47,793,070 1,002,700 0 73,000 1,075,700 5,800,920 1,500 912,290 156,320 6,871,030 1,498,490 97,000 1,406,760 3,002,250 100,236,810 520,660 42,295,170 3,577,180 146,629,820 101,061,810 520,660 42,410,240 4,384,750 148,377,460 General Government Services 10,132,050 0 0 10.132,050 Public Safety 53,301,370 0 73,000 53,374,370 Physical Environment 584,300 26,363,390 0 26,947,690 Transportation 2,334,630 0 0 2,334,630 Economic Environment 8,853,390 520,270 0 1,497,770 10,871,430 Human Services 30,000 0 769,010 799,010 Culture 8 Recreation 14,259,610 3,854,240 1,341,060 19,454,910 Debt Service 5,335,080 7,200,570 0 12,535,650 Other Financing Uses 5,900,500 3,992,690 0 9,893,190 TOTAL EXPENDITURESlEXPENSES 100,730,930 520,270 41,410,890 3,680,840 146,342,930 Reserves 330,880 390 999,350 703,910 2,034,530 TOTALExPENOITURESANDRESERVES 101,061,810 520,660 42,410,240 4,384,750 148,377,460 MEMORANDUM TO: MA R A D CITY COMMISSIONERS FROM: COTT ARONSO ,PARKING MANAGEMENT SPECIALIST < PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~ THROUGH: CITY MANAGER r~~^/~i DATE: AUGUST 29, 2007 SUBJECT: AGENDA ITEM # 10.1 -REGULAR MEETING SEPTEMBER 4 2007 APPROVAL OF ORDINANCE 34-07 ALLOWING THE USE OF MECHANICAL PARKING LIFTS TO MEET REQUIRED PARKING FOR IN-FILL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT ITEM BEFORE COMMISSION The item before the City Commission is approval of an amendment to Land Development Regulations (LDR) Sections 4.4.13(C), 4.6.9(D) and 4.6.9(F) allowing the use of mechanical parking lifts as a means of providing required parking for in-fill development in the Central Business District (CBD) as outlined in Ordinance 34-07. BACKGROUND Along standing challenge to facilitating in-fill development in the CBD has been the provision of sufficient parking. Due to the small size of existing in-fill Tots development potential is quite limited by current parking requirements. In an effort to resolve this issue, a privately initiated petition to amend the LDR to allow the use of mechanical parking lifts has been submitted. The proposed amendment allows the use of lifts when they are contained in a structure for the uses they serve and have at least three walls and a roof. The attached Planning & Zoning staff report describes, in detail, additional regulations under which these lifts may be used. LDR Section 2.4.5(M)(5) requires that positive findings be made that the text amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. A review of the Comprehensive Plan shows the amendment to meet these criteria in accordance with Policy C.4-1 of the Future Land Use Element in that it encourages the revitalization of the CBD by addressing, among other things, incentives for mixed-use development, rehabilitation of the district and accommodating parking needs through innovative actions. There was no public comment in response to this matter at the public hearing held at the Planning & Zoning Board meeting of August 20, 2007 REVIEW BY OTHERS The Community Redevelopment Agency, West Atlantic Redevelopment Coalition, Pineapple Grove Main Street Board and Planning & Zoning Board, at their respective meetings, all unanimously recommended approval of the proposed text amendment. The Parking Management Advisory Board and Downtown Development Authority, at their respective meetings, both recommended approval in a 6 -1 vote (David Cook dissenting). RECOMMENDATION By motion, approve on first reading Ordnance 34-07 amending Sections 4.4.13(C), 4.6.9(D) and 4.6.9(F) allowing the use of mechanical parking lifts to provide required parking for in-fill development in the CBD by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M)(5) of the Land Development Regulations. Attachments: Planning & Zoning Staff Report dated August 20, 2007, and Ordinance 34-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AUGUST 20, 2007 AGENDA ITEM: V. D. ITEM: AMENDMENT TO SECTIONS 4.4.13(C), 4.6.9(D) AND 4.ti.9(F) OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR) TO ALLOW THE USE OF MECHANICAL PARKING LIFTS TO PROVIDE REQUIRED PARKING FOR IN-FILL DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT (CBD) 17E'M BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to LDR Sections 4.4.13(C}, 4.6.9(D) and 4.6.9(F), to allow the use of mechanical parking lifts to provide required parking for in-fill development in the Central Business District (CBD), pursuant to LDR Section 2.4.5(M)(5). 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. BACKGR4UNDIANALYSIS ~ A long standing challenge to facilitating in-fill development in the Central Business District (CBD) has been the provision of sufficient parking. In an effort to resolve this issue, a privately initiated petition to amend the LDR to allow the use of mechanical parking lifts has been submitted. The proposed amendment allows the use of lifts when they are contained in a structure with at least three walls and a roof. The following synopsis describes additional regulations under which these lifts may be used: o Lifts may be used for non-residential or the commercial component of mixed-use in-fill developments; o Lifts must be incorporated into buildings for the uses they serve, which are constructed with a minimum of three (3) walls and a roof to provide adequate screening in accordance with Section 4.6.18(B)(14)(vi)(3) and contain any noise associated with their utilization to mitigate negative impacts to adjacent land uses; o Only Single level lifts may be used. No lifts exceeding 1 {one) vehicle above ground are permitted; o Lifts must be manufactured with a full bottom panel to contain fluids which may be emitted from vehicles while parked (oil, condensation from air conditioners, etc.). No wheel runner or chassis lift mechanisms (historically used at service stations) are permitted; o Use of lifts for up to 50% of the required parking for the non-residential component of a mixed-use development or up to 50% of a commercial development is permitted. Planning and Zoning Board Staff Report, August 20, 2007 LDR Amendment -Parking Lifts o Lifts may not be used for the parking or storage of vehicles associated with the required parking for any residential component including guest parking; o Lifts, and the spaces beneath them, must be operated by parking attendants only. A parking attendant must be on duty to operate the lifts at all times during the hours of operation of the commercial use. In mixed-use developments lifts must be made inaccessible upon closing of the non-residential component and dismissal of the parking attendant; o For each lift provided, a minimum of 75 sq. ft. of landscaped area, over and above the minimum required by code, must be provided; and shall be located to provide a view corridor for the general public. Lots of record having a width less than fifty feet (50') shall be exempt from this additional landscape /open space requirement; o An on site staging area must be provided for the maneuvering of vehicles to facilitate the parking and retrieval of vehicles. A minimum of two (2) parking spaces, dedicated solely to staging, must be provided for the first 20 lifts, or portion thereof. One (1) staging space for each additional 20 lifts, or portion thereof, must also be provided; o The remaining spaces must be made available for self parking of vehicles for patrons not wanting to valet their vehicles. These spaces may not be located above or beneath the mechanical parking lifts; o Upon closing, the parking attendant shall remove all vehicles from atop and beneath all lifts and park them in an area where customers may retrieve their vehicles; o Regular maintenance of the lifts shaA be conducted to ensure dependability of the mechanisms and control noise emissions which, at all times, must comply with Chapter 99 of the City Code of Ordinances which regulates noise; and o Properties using mechanical parking lifts must enter into an agreement with the City constituting a covenant running with the land binding owners, heirs, successors, administrators and assigns to comply with the requirements of this ordinance. Staff has been working with the applicant to create this text amendment and supports the proposed amendment to allow the use of mechanical parking lifts to meet a percentage of required parking for non-residential, and the commercial component of mixed-use in-fill developments in the CBD. 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 Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted. Policy C-4.1 of the Comprehensive Plan speaks of facilitating and encouraging revitalization of the CBD by addressing, among other things, incentives for mixed-use development and rehabilitation of the district and accommodating parking needs through innovative actions. The use of mechanical parking lifts allows two (2) vehicles to be parked within the same footprint. Compacting the parking through the use of these lifts will enable the rehabilitation of smaller, substandard lots, within the core area of the CBD where limited parking is available for existing buildings or the limited size of in-fill lots is prohibitive. Therefore, the 3 Planning and Zoning Board Staff Report, August 20, 2007 LDR Amendment -Parking Lifts adoption of this text amendment will further the policies, goals and objectives of the Comprehensive Plan. REVIEW>BY OTHERS Parking Management Advisory Board (PMAB): At its meeting of August 13, 2007, the Board in a 6 to 1 vote (Cook dissenting) recommended approval of the proposed ordinance as presented by Staff. Community Redevelopment Agency (CRA): At its meeting of August 15, 2007, the Board unanimously recommended approval of the proposed ordinance as presented by Staff. Downtown Development Authority (DDA): At its meeting of August 13, 2007, the Board in a 6 to 1 vote (Cook dissenting) recommended approval of the proposed ordinance as presented by Staff. West Atlantic Redevelopment Coalition (WARC): At its meeting of August 8, 2007, the Board unanimously recommended approval of the proposed ordinance as presented by Staff. Pineapple Grove Main Street Board: At its meeting of August 1, 2007, the Board unanimously recommended approval of the proposed ordinance as presented by Staff. RECOMMENDED AC710N By motion, recommend approval of the proposed ordinance modifying LDR Sections 4.4.13(C}, 4.6.9(D) and 4.6.9(F) to allow the use of mechanical parking lifts to provide the required parking by adopting the findings of fact and law contained in the staff report, and finding that the proposed ordinance, and approval thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: Proposed Ordinance 4 ORDINANCE NO.34-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C) "ACCESSORY USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.6.9 "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D) "DESIGN STANDARDS" BY AMENDING SUBSECTION 4.6.9(D)(1) "GENERAL DESIGN CONCEPTS" AND BY ENACTING SUBSECTION 4.6.9(D)(11) "MECHANICAL PARKING LIFTS"; AND AMENDING SUBSECTION 4.6.9(F) "SPECIAL PROVISIONS" BY ENACTING SUBSECTION 4.6.9(F)(4) "MECHANICAL LIFTS"; TO PROVIDE THAT SINGLE LEVEL MECHANICAL PARKING LIFTS MAY BE PROVIDED SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray Beach is mindful of the critical need to provide adequate parking to support the CBD and aware of significant advances in the design, construction and operation of single level mechanical parking lifts which have the effect of doubling the number of parking spaces within the same area of floor space used for parking. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 20, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.13 "Central Business (CBD) District", Subsection 4.4.13(C) "Accessory Uses And Structures Permitted" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a non- residential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6} Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. ~7) Single level mechanical parking lifts for in-fill development projects, pursuant to the requirements of Sections 4.6.9(D211) and 4.6.9(F)(4). Section 2. That Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(D) "Design Standards", Subsection 4.6.9(D)(1} "General Design Concepts" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (1) General Design Concepts: The following concepts shall be applied in the layout and design of parking lots: 2 ORD. NO. 34-07 (a) Parking spaces should be located and arranged in such a manner as to facilitate pedestrian access to the uses they are intended to serve. In general, parking spaces should be distributed proportionately to needs. (b) Employee parking should be located in the area least desirable for customer or short-term parking. (c) Compact car parking, where allowed, should be integrated throughout a parking lot in such a manner that compact and standard cars have equal access to desirable parking spaces. (d) Handicapped spaces are to be provided in accordance with the Florida Accessibility Code for Building Construction and shall be located as close as is practical to the entrances of the buildings they are intended to serve. To the greatest extent possible, they shall be oriented so that a user does not have to go past the rear of other parking spaces or cross an aisle in order to reach the building's main entrance. (e) Single level mechanical parking lifts ("Lifts") if utilized shall be integrated into an existing or proposed building for the uses they serve and enclosed with three walls and a roof. A maximum of 50% of the required parking within anon-residential or the non-residential portion of a multi-use development may utilize Lifts. Section 3. That Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(D) "Design Standards" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting Subsection 4.6.9(D)(11) "Mechanical Parking Lifts" to read as follows: Mechanical Parking Lifts: (a) Single level mechanical parking lifts ("Lifts") shall be integrated into a structure for the uses they serve, constructed with at least three walls and a roof, in accordance with Section 4.6.18(B)(14~(vi~3) to provide adequate screening and containment of sound from oQeration of the lifts for the benefit of adjacent land uses. (b) Lifts may be utilized to provide up to but not more than fifty (50%) percent of the required non-residential parking for commercial or mixed-use develo mp ents. (c) Lifts and the spaces below them must be operated by an attendant during all ORD. NO. 34-07 hours of operation. Upon closing the parking attendant shall remove all vehicles from atop and beneath the Lifts and park them in an area where the customer may retrieve their vehicle. At no time shall the eg neral public be permitted to operate the Lifts. (d) On-site staging spaces must be provided for the maneuvering of vehicles to facilitate the parking and retrieval of vehicles. At no time shall vehicles be staged within the adjacent public right-of--way. A minimum of two (2 staging spaces shall be provided for the first twent~(20) Lifts or less. One (l~ additional staging_space shall be provided for every twenty (20} additional Lifts or part thereof. (e) Lifts must be manufactured with a full bottom panel to contain fluids which may be emitted from vehicles while parked (oil, condensation from air conditioners, etc.) No wheel or chassis lift mechanisms (historically used at service stational are permitted. (f) The balance of the required non-residential spaces shall be provided as "self- park" spaces. (g) For each lift provided, a minimum of 75 sq. ft. of landscaped area over and above the minimum required by code must be provided and shall be located to provide a view corridor for the general public. Lots of record having a width less than fifty feet (50') shall be exempt from the requirement of this additional landscape /open space; (h) The Lifts shall be re ug lady and routinely maintained to ensure safety and dependability of operation and minimization of operational noise levels. Maximum sound levels shall not exceed applicable thresholds as stipulated in Chapter 99 of the City Code of Ordinances. Section 4. That Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(F) "Special Provisions" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting Subsection 4.6.9(F}(4) "Mechanical Parking Lifts" to read as follows: (4) Mechanical Parking Lifts: (a) Any mechanical lift parking utilized to meet parking requirements set forth in sections 4.4.13 and 4.6.9 shall be governed by an agreement with the City (in such form as may be approved by the City Attorney), and recorded in the public ORD. NO. 34-07 records of Palm Beach County. The agreement shall constitute a covenant running with the land binding upon the owners, heirs, administrators, successors and assigns. The agreement may be released by the City Commission at such time that site plan approval is obtained for an alternative parking arrangement which satisfies the parking requirements for said use. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts or ordinances in conflict herewith be, and the same hereby are, repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 2007. MAYOR ATTEST: City Clerk First Reading _ Second Reading 5 ORD. NO. 34-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~Q THROUGH: CITY MANAGER~~~~/~ ~, DATE: AUGUST 29, 2007 ~ _( SUBJECT: AGENDA ITEM # ~O.1,.~ -REGULAR MEETING SEPTEMBER 4 2007 APPROVAL OF ORDINANCE 35-07 MODIFYING PARKING REGULATIONS FOR HOTELS AND MOTELS IN THE ORIGINAL DOWNTOWN DEVELOPMENT AREA (DDA) IN THE CE_ NTRAL BUSINESS DISTRICT ITEM BEFORE COMMISSION The item before the City Commission is approval of an amendment to Land Development Regulations (LDR) Sections 4.4.13(G)(1)(a), modifying the parking requirements for hotels and motels in the original DDA area of the CBD to decrease the parking requirements for hotel and motel rooms from 1 space per 300 sq. ft. to 0.7 spaces per room. BACKGROUND Currently, LDR Section 4.4.13(G)(1)(a) states "within that portion of the CBD bounded by Swinton Avenue on the west, NE 1St Street on the north, the Intracoastal Waterway on the east and SE 1St Street on the south (the original DDA area), the parking requirements for all non- residential uses, except restaurants shall be 1 space per 300 sq. ft. or fraction thereof." Applying a parking requirement of 1 space per 300 sq. ft. of floor area for rooms in hotels and motels results in the provision of excessive parking, given that the number of vehicles used to transport guests is usually 1 (one) vehicle per family or room, regardless of the square footage of a guest room. The proposed ordinance reduces the number of spaces required for the hotel or motel rooms to 0.7 spaces per room while maintaining the 1 space per 300 sq. ft. for hotel ancillary uses such as meeting rooms, ballrooms, and shops. It is noted that the 0.7 spaces per room for hotels and motels is consistent with parking requirements for this use throughout the rest of the City and the 6 spaces per 1,000 sq. ft. for associated restaurants, lounges and bars would still apply. LDR Section 2.4.5(M)(5) requires that positive findings be made that the text amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. A review of the Comprehensive Plan shows the amendment meets these criteria in accordance with Policy C.4-2 of the Future Land Use Element as it supports the Downtown Master Plan which encourages the revitalization of the CBD by promoting the proper economic development and cautions against the provision of excess parking. There was no public comment at the public hearing held by the Planning & Zoning Board meeting of August 20, 2007. City Commission Staff Report, September 4, 2007 LDR Amendment -Hotel and Motel Parking in the CBD REVIEW BY OTHERS The Parking Management Advisory Board, Pineapple Grove Main Street Board, Downtown Development Authority, Community Redevelopment Agency and Planning & Zoning Board, at their respective meetings, all unanimously recommended approval of the proposed text amendment. RECOMMENDATION By motion, approve on first reading Ordinance 35-07 amending LDR Section 4.4.13(G)(1)(a) modifying the parking requirements for hotels and motels in the original DDA area of the CBD to 0.7 parking spaces per room and 1 space per 300 sq. ft. of total floor area for meeting rooms, shops, spas, and 6 spaces per 1,000 sq. ft. for restaurants, lounges, and bars by adopting the findings of fact and law contained in the staff report, and finding that the proposed ordinance, and approval thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: ^ Location Map ^ Planning & Zoning Staff Report ,August 20, 2007 ^ Proposed Ordinance 35-07 2 a N. sn1 sT. o`' ~~ 6 0 f'~ z z N. sm sT. ~ } ygCl U _ N _ Z j N.E eEACN om Y sEA SPRAY A~£. o wA wAr ~ ~ o vISTA oEL MAR gtIYE } DORCHESTER ~^ C CO-OP 3 THOMAS ~ ~ k~" W ~ n- a 3 Y c 0 z LOWRY STREET i tiE r£RnrvS DELRAY & FAFr( SUMMIT - z Z A7UMT7C '~ CONDO W Ot0 r '. r PL 47,1 '. SQUARE ~! '. BARR ~ ~ TERRACE ® CONDO A T L A N T I~('C~~ "~~I ~"'~~~~ LLLF-~':~ I ~ T ~ BAR a HARBOUR ~ CONDO ~ o S.E. I J MIRAMAR DRIVE Q ~ OCEAN PLACE 7 Q CONDO p O m U mmur Iror Q z SE INGRANAM ~ U Z SEACA TE TONERS i 7~7,, - SE S AY STREET 2 J LINfKAf = NLLAS CON00 Q o LAN wAr s.E .1N sr. ~f DOWNTOWN DEVELOPMENT AUTHORITY AREA ~~ EXPANDED D.D.A. AREA CITY OF OELRAY BEACH, FL r -~ PLANNING h ZONING DEPARTMENT ORIGINAL D.D.A. AREA kL___-.~__~II - - - - - - - - - - - .. .. _ _. -- DlGlTAL BASE MAP SYSTEM -- MAP REF: LMA788 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AUGUST 20, 2007 AGENDA ITEM: V. E. ITEM: RECOMMEND APPROVAL OF A COMMUNITY REDEVELOPMENT AGENCY (CRA) INITIATED TEXT AMENDMENT MODIFYING PARKING REGULATIONS FOR HOTELS AND MOTELS IN THE ORIGINAL DOWNTOWN DEVELOPMENT AREA (DDA) IN THE CENTRAL BUSINESS DISTRICT ~~ tTEM'BEFORE THE BOARD The item before the Board is a recommendation to the City Commission regarding a text amendment to Land Development Regulations (LDR) Section 4.4.13(G)(1 }(a), modifying the parking requirements for hotels and motels in the original DDA area of the CBD to decrease the parking requirements for hotel and motel rooms from 1 space per 300 sq. ft. to 0.7 spaces per room, pursuant to LDR Section 2.4.5(M)(5). 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. BACKGROUNDfANALYSfS - _ __ _~ Currently, LDR Section 4.4.13(G)(1)(a) states "within that portion of the CBD bounded by Swinton Avenue on the west, NE 1St Street on the north, the Intracoastal Waterway on the east and SE 1St Street on the south (the original DDA area), the parking requirements for all non- residential uses, except restaurants shall be 1 space per 300 sq. ft. or fraction thereof." Applying a parking requirement of 1 space per 300 sq. ft. of floor area for rooms in hotels and motels results in the provision of excessive parking, given that the number of vehicles used to transport guests is usually 1 (one) vehicle per family or room, regardless of the square footage of a guest room. The proposed ordinance reduces the number of spaces required for the hotel or motel rooms to 0.7 spaces per room while maintaining the 1 space per 300 sq. ft. for hotel ancillary uses such as meeting rooms, ballrooms, and shops. It is noted that the 6 spaces per 1,000 sq. ft. for restaurants, lounges and bars would still apply. Ordinance 53-01, adopted on October 16, 2001, established the parking requirement for hotels and motels in the West Atlantic Overlay District at 0.7 spaces for each guest room plus 1 space per 300 sq. ft. feet of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. Prior to the adoption this ordinance, the parking requirement in the West Atlantic Overlay District was also 1 space per 300 sq. ft. of total floor area for all uses except restaurants which was 6 (six} spaces per 1,000 sq. ft. of total floor area. The West Atlantic Overlay District, formally zoned General Commercial, has since been incorporated into the CBD. Approval of the proposed ordinance would create consistency in the two areas. Within all other geographic areas of the Central Core and Beach Area, within the CBD Zone District, the parking requirement for hotels and motels is 0.7 spaces per guest room plus 10 Planning and Zoning Board Staff Report, August 20, 2007 LDR Amendment -Hotel and Motel Parking in the CBD spaces per 1,000 sq. ft. of floor area devoted to ballrooms, meeting rooms and shops and (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges. This reduced parking requirement for these ancillary uses within the hotels in the original DDA area are consistent with parking requirements for all non-residential uses in the area and are justified given the close proximity of public parking. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The review of the Goals, Objectives, and Policies of the Comprehensive Plan was conducted and the following applicable Objective and Policy are noted. Future Land Use Element Objective C-4 The Central Business District (CBD) represents the essence of what is Delray Beach i. e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Poiicy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 79, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-7-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in Phis area shall be consistent with the Master Plan. The analysis of the Central Core area in the Downtown Delray Beach Master Plan includes an extensive discussion concerning the issue of parking. The analysis warns against the provision of excessive parking as it is an inefficient use of land, negatively impacts the fabric of the downtown area and adds unnecessary costs to development. The analysis even suggests a maximum parking requirement to discourage over supply. Within the one block area north and south of Atlantic Avenue, the parking requirements are excessive when applied to hotels and motels and hinder their development in the downtown, where they are desired. The proposed LDR amendment will establish specific parking requirements for hotels and motels in the original DDA area of the CBD in a manner to encourage these uses. Based upon the above, the proposed LDR amendment is consistent with and furthers the Goals, Objectives, and Policies of the adopted Comprehensive Plan. ~- - REVIEW BY OTHERS'` Parking Management Advisory Board (PMAB): At its meeting of August 13, 2007, the Board unanimously recommended approval of the proposed ordinance as recommended by Staff. Community Redevelopment Agency (CRA)• At its meeting of August 15, 2007, the Board unanimously recommended approval of the proposed ordnance as recommended by Staff. 2 Planning and Zoning Board Staff Report, August 20, 2007 LDRAmendment -Hotel and Motel Parking in the CBD Downtown Development Authority (DDA): At its meeting of August 13, 2007, the Board unanimously recommended approval of the proposed ordnance as recommended by Staff. Pineapple Grove Main Street Board: At its meeting of August 1, 2007, the Board, unanimously recommended approval of the proposed parking requirement in the original DDA area of the CBD RECOMMENDED ACTION By motion, recommend approval of the proposed ordinance modifying the parking requirements for hotels and motels in the original DDA area of the CBD to 0.7 parking spaces per-room and 1 space per 300 sq. ft. of total floor area for meeting rooms, shops, spas, and 6 spaces per 1,000 sq. ft. for restaurants, lounges, and bars by adopting the findings of fact and law contained in the staff report, and finding that the proposed ordinance, and approval thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: ^ Proposed Ordinance -07 3 ORDINANCE N0.35-07 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 CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION G, "SUPPLEMENTAL DISTRICT REGULATIONS," SUBSECTION (G)(1), "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS", TO ESTABLISH PARKING REQUIREMENTS FOR HOTELS AND MOTELS WITHIN THE ORIGINAL DOWNTOWN DEVELOPMENT AREA, PROVIDING A SAVINGS 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 August 20, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopted the findings in the Planning and Zoning Staff Report; and, WHEREAS, the City Commission of the city of Delray Beach fmds 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 District", Subsection 4.4.13(G) "Supplemental District Regulations, Subsection 4.4.13(G)(1) "Central Core and Beach Area Supplemental Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (1) Central Core and Beach Area Sunnlemental Regulations (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street on the south, the parking requirements for all non-residential uses, except restaurants, hotels and motels, shall be one space for each 300 squaze feet or fraction thereof. The pazking required for the creation of new floor azea, shall also include the replacement of any previously required pazking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the pazking requirements aze applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new pazking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required pazking on-site or off- site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E}(3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 squaze feet of floor azea. (e) The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street on the south is established at 0.7 of a space for each guest room plus one 11 space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) maces per 1,000 sq_ ft. of floor azea devoted to restaurants and lounges within the hotel or motel. (ef, The pazking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: • Efficienc dwellin unit 1.0 space/unit • One bedroom dwellin unit 1.25 spaces/unit • Two or more bedroom dwellin unit 1.75 spaces/unit 2 ORD N0.35-07 • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 s aces/unit - for units 21-50 0.30 s aces/unit - for units 51 and above 0.20 s aces/unit Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parking St~aces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of , 2007. MAYOR ATTEST: City Clerk First Reading Second Reading 3 ORD NO. 35-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER r SUBJECT: AGENDA ITEM # ~ ~~ r -REGULAR MEETING OF SEPTEMBER 4, 2007 ORDINANCE N0.33-07 "EMERGENCY MEDICAL SERVICE FEES" DATE: AUGUST 29, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for an ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 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. BACKGROUND At the first reading on August 21, 2007, the Commission passed Ordinance No. 33-07. RECOMMENDATION Recommend approval of Ordinance No. 33-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 33-07 Emergency Medical Service 09.04.07.doc MEMORANDUM TO: Mayor and City Commissioners ~~ FROM: Kerry B. Koen, Fiief THROUGH: City Manager DATE: August 15, 2007 SUBJECT: Agenda Item # ~ ~ • .!J - Resular 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. ~' ~e ~q _. ~'~E~~~~~~~ ~~~°~~ Sc sVlf~t. i)`! RAY ~Ga~,,c. w r~"~~ ~Tt=iEA(1f ~ Hfaf-3LAfdC c4`r~ r# D~E~L'R"AY BEACH AII-AmericaCityM E M O R A N D U M 'TO: David T. Harden, City Manager 1993 FROM: Kerry B. Koen, Fire Chief zoos 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 near 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. ~L~......~~ _C Kerry B. Koen Fire Chief KBK/cls cc: Chief James Chief Connor Alen Wickert Attachments: 3 FIRE-RESCUE DEPARTMENT HEAD~IJ,~.i=iTCR~ - 5~J` '~=~? G,T~RI~T;:` Arr_+J~i= ~.i~_~~; ,3=1~~ i-. -~'-1c~ _ ?~>~u- _}~, "fl(71"2d C/' f~lct^~'CIFFi;i i'~?[>~t 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 10!3106 $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 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 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 Delray 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 96.66(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 EFFECTNE 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 Dekay Beach, Florida, is hereby amended to read as follows: (A) The following service charges or fees are levied for the provision of emergenry medical transportation: (1) Advanced Life Support (ALS-1) Transport Fee :A9 600.00 (2) Advanced Life Support (ALS-2) Transport Fee AAA 750.00 (3) Skilled Case Transport Fee AAA 800.00 (4) Basic Life Support (BLS) Transportation Fee ~4-~r5:8A 5 0.00 (5) Mileage Fee ~8:((~ 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. Section 4. That this ordinance shall become effective upon second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. ATTEST: CITY CLERK First Reading Second Reading MAYOR 2 ORD. NO. 33-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~j~~ SUBJECT: AGENDA ITEM # ~~• ] -REGULAR MEETING OF SEPTEMBER 4, 2007 ORDINANCE NO 32-07 GENERAL EMPLOYEE PENSION PLAN "EARLY RETIREMENT IN ENTIVE" DATE: AUGUST 29, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for an ordinance amending Chapter 35, "Employee 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. BACKGROUND At the first reading on August 21, 2007, the Commission passed Ordinance No. 32-07. RECOMMENDATION Recommend approval of Ordinance No. 32-07 on second and final reading. S:\City perk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 32-07 Genera! Employee Pension Plan -Fatly Retirement Incentive 09.04.07.doc MEMORANDUM TO: FROM: DATE: MAYOR AND CITY COMMISSIONERS DAVID T. HARDEN, CITY MANAGER SUSAN A. RUBY, CITY AUGUST 7, 2007 ATTORNEY SUBJECT: AGENDA ITEM # i ~ • l~ REGULAR MEETING OF AUGUST 21.20tf7 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. $ACKGROUND 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 (1VI), "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 35, "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 35, "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 (M), "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 early retirement incentive program shall be provided in accordance with this Section. The availability of the early retirement incentive in any plan year shall be determined by the City. The City shall provide all eligible employees with at least thirty (30) days advance notice that the 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) yeazs of their earliest normal retirement date at the beginning of the plan yeaz in which the early retirement incentive is offered shall be eligible for the eazly retirement incentive. Iri any plan yeaz in which the early retirement incentive is offered, eligible employees shall be given an opportunity to elect the eazly 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 eazly retirement incentive shall immediately retire and terminate City employment. (4) Effective September 1. 2007 throu h September 30 2007 any eligible emulovee who elects the early retirement incentive and any emulovee aae 58 or older who elects to terminate City employment and retire on or before September 30. 2007 shall receive up to one additional near of credited service, at no cost to the employee for the purpose of calculating the employee's normal retirement income• provided in no event shall any employee's credited service exceed 30 years ~_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 aze hereby repealed. Section 3. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 2007. ATTEST: MAYOR City Clerk First Reading Second Reading ORD NO. 32-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAG~~7~ "` SUBJECT: AGENDA ITEM # 1 U~ h -REGULAR MEETING OF SEPTEMBER 4, 2007 ORDINANCE NO. 26-07 -CITY INITIATED AMENDMENT TO LDR ENACTING SECTION 2 4 7(G), "REQUESTS FOR REASONABLE ACCOMMODATION" DATE: AUGUST 29, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for 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 Land Development Regulations. BACKGROUND At the first reading on August 21, 2007, the Commission passed Ordinance No. 26-07. RECOMMENDATION Recommend approval of Ordinance No. 26-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ckdinance Agenda Memos\Ord ?b-07 Request for Reasonable Accommodation 09.04.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER C~A-~~ SUBJECT: AGENDA ITEM # ~ ~ • ~ -REGULAR MEETING OF AUGUST 21, 2007 ORDINANCE NO. 26-07 -CITY INITIATED AMENDMENT TO LDR ENACTING SECTION 2.4.7(G~, KREOUESTS 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 (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. 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 Ckrk\AGENDA COVER MEMOS\Orduunce Agenda Memos\Ocd 26-07 Amend LDA Sec 24.7G Requests for Reasona6k Aaommodatium~.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD HOGGARD, AICP, PRINCIPAL PLANNER~~~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~~ ~ THROUGH: CITY MANAGER DATE: JULY 17, 2007 n SUBJECT: AGENDA ITEM # ~ ~ • C -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 NO. 26-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELR.AY 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 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, in connection with the litigation styled J~, y O., et al, vr. 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 Ciry 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: (G) ReQuests for Accommodation. (1) Purpose The 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 sec ("FHA") and Tide II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et. sed.L("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 bons, 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. f 2) Notice to the Public of Availability of Accommodation The Cites 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 entitiesL may request a reasonable accommodation as provided herein. 3) Anulication. 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 (and shall be submitted to) the Department of Planning and Zoningf"P&Z"1. 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(G) (8), below. (~) Confidential Information. Should the information provided by the disabled individual to the City include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled ORD. N0.26-07 individual 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 City shall thereafter endeavor to provide written notice to the disabled individual. and/or their representative, of any request received by the City fox 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 o~~ose 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 b; retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without Prior notice to the disabled individual. Fee. There shall be no fee imtiosed by the Citv in connection with a request for reasonable accommodation under this section or an a~uez al of a determination on such request to the City Council. and the City shall have no obligation to day a requesting party's (or an a~~ealing garty's, as a~~licable~ att~s fees or costs in connection with the request, or an aF~eal. (c), City Assistance The City shall provide such assistance and accommodation as is required Pursuant to FHA and ADA in connection with a disabled person's request fox reasonable accommodation, including, without limitation, assistance with reading a~~lication questions, responding to questions, com~letin~ the form. filing an a~~eal, and ~~earing at a hearing, etc., to ensure the process is accessible. (4) Findings for Reasonab le Accommodation. In determining whet her the reasonable accommodation request shall be granted or denied, the requesting Party shall be required to establish t , hat they are protected under the FHA and/or ADA by demonstrating that they are handicaF~ed or disabled, as defined in the FHA and/or ADA. Although the de finition of disability is subject to judicial i nterpretation, for purposes of this ordinance the disabled individual must show: f) a p hysical or mental impairment which substa ntiallX limits one or more major life activiti es: ~ii) a record of having such impairment: or (iii) that they are regarded as having such impairment. Next, the requesting _ far y will have to demonstrate tha t the proposed accommodations being sought are reasonable and neces sary to afford handicapped/disabled p ersons equal opportunity to use and enjoy hag. The foregoing jas interprete d by the Courts) shall be the basis for a decision upon a ~asonable accommodati on request made bK the Ci Manager. or hi s/her designee, or by the Ci Commission in the event of an appeal. ORD. N0.2G-07 (5) Notice of Prouosed Decision The City Manager, or his/her designee shall have the authority to consider and act on requests for reasonable accommodation, after notice and public hearing to receive comments, input and information from the Public {Provided, however the City Manager or his/her designee, shall not be required to render their decision at said public hearing,) 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 designee, for review and consideration The City Manager, or his/her designee shall issue a written determination within fort five (451 days of the date of receipt of a completed application and may, in accordance with federal law. (1lgrant the accommodation request,,..(21T~ra~portion of the request and deny a portion of the request. and/or impose conditions upon the grant of the request, or 3) 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 aPpeaL The notice of determination shall be sent to the requesting ~~ (i a the disabled individual or his/her re~resentative2 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,_y, prior to the end of said forty-five (45) day period, request additional information from the requesting per, specifying in sufficient detail what information is required. The requesting ~~ shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request fox additional information is made, the forty-five 45Zday Period to issue a written determination shall no longer be aP~licable_ and the City Manager. or his/her designee, shall issue a written determination within thirtyTldays after receipt of the additional information. If the requesting Pam' fails to provide the requested additional information within said fifteen (15„Lday~ eriod. the City Manager, or his/her des~nee, shall issue and written notice advising that the requesting party 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 ~ the City with regard to said reasonable accommodation request shall be required. (6) ARpeal. Within thirty (301 days after the City Manager's, or his/her designee's, determination on a reasonable accommodation rec~est is mailed to the requesting~arty. such. applicant may meal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the City Commission who -shall after public notice and a Public hearing. render a determination as soon as reasonablypracticable, but in no event later than sixtyTLys after an appeal has been filed. ('7) Stay of Enforcement. While an application for reasonable accommodation, or anPeal of a determination of same. is pending before the City, the City will not enforce the subject zoning ordinance, rules,~policies. and procedures against the Applicant. ORD. N0.26-07 (8~ Request Form for Reasonable Accommodation. (a) Contents of Reasonable Accommodation Request Form: 1. Name of Applicant. 2. Telephone Number, 3. Address, 4. Address of housing or other loc ation at which ac commodation is 5. Describe clu~hfying disability or han dicap. 6. Describe the accommodation an d the specific reg ulations and/or procedure(s) from which accommo dation is sought. , 7. Reasons the reasonable accomm odation may be necessary for the individual with disabilities to use and enjoy the housing or other service. 8. Name. address and telephone numb er of representative , if applicable. 9. Other relevant information pertaini ng to the disability o r property, 10. Signature of Disabled Individual or Representative, if applicable, or Qualifying Entity, 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 the day of 2007. ATTEST: MAYOR City Clerk First Reading Second Reading 5 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 I1`EM BEFORE THE BARD 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 recomrriendation is obtained from the Planning and Zoning Board. BACKGROUND J ANALYS`fS 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, to 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 Courtesv 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-ACTION 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 & zoninglboards\p&z boardlldr amendment section 2.4.7(g) requests for reasonable accommodations.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER `~~ /4~ DATE: AUGUST 31, 2007 SUBJECT: ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to amend Chapter 52 "Water" of the Code of Ordinances by modifying Section 52.34, "Water Rates" to provide for changes in residential, nonresidential and imgation rates for FY 2008. These new rates go into effect on October 1, 2007. BACKGROUND This ordinance proposes a 5% increase to capacity and commodity charges for customers in the City, and increases of approximately 5% fox customers outside of the city. The per meter customer charge is proposed to increase by approximately 44%; this charge is based on the actual cost of meter reading, billing and collecting. Any recommended amendments to the rate increase will be reflected in the 2"~ reading of Ordinance No. 39-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 39-07 on first reading. If passed, a public hearing will be scheduled for September 18, 2007. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 39-07 WATER O~xW07.doc ORDINANCE N0.39-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR CHANGES IN RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water", Section 52.34, "Water Rates", subsection 52.34(B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Monthly rates. The montlily rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate limits of the City, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Type of Customer Residential Customer charge (per meter) Inside City Outside City 4634 2.80 3.50 Capacity charge (charged to all 4-1-53 12.17 44:45 15.21 customers, per residential dwelling unit) Residential Inside City Outside City Commodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons 439 1.67 4:99 2.09 4,000 to 20,000 gallons 4~H 1.85 2:2A 2.31 21,000 to 35,000 gallons 4:44 2.04 2:~2 2.55 36,000 to 50,000 gallons 2~8 ~ 2:~ 2.76 Above 50,000 gallons 2:4A 2.52 2:99 .15 Nonresidential and Irrigation Customer charge (per meter) 4-94 2.80 2~ 3.50 Capacity charge (based upon meter size): 3/4-inch meter 4439 12.17 4 4:4$ 15.21 1-inch meter 49:~-3 20.30 2 4-4H 25.37 1-1 /2-inch meter ~7 40.50 4 S~ 50.62 2-inch meter ~r1~5 64.84 ~9 81.05 3-inch meter 4.35-7 141.93 4£ ~9H 177.41 4-inch meter ~~ 255.43 3.~A 4-.99 319.29 6-inch meter s.,4A-.~ErI 567.64 -H ~Fi 709.55 8-inch meter 92Fr.H4 972.97 TT J~JV 1216.22 10-inch meter ~ A~ 1540.61 4$~ 4:AFi 1925.77 Commodity charge (all metered consumption-per 1,000 gallons) 4-7{i 1.85 2.29 2.31 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effective on October 1, 2007. 2 ORD. N0.39-07 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 ORD. NO. 39-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: AUGUST 31, 2007 SUBJECT: AGENDA ITEM # ORDINANCE N0.40-07 (AMENDING CHAPTER 53 "SANITARY ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to amend Chapter 53 "Sanitary Sewers" of the Code of Ordinances by modifying Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge" to provide for changes in residential and nonresidential/commercial rates fox FY 2008. These new rates go into effect on October 1, 2007. BACKGROUND This ordinance proposes a 5% increase in capacity and commodity charges. Any recommended amendments to the rate increase will be reflected in the 2°d reading of Ordinance No. 40-07. FUNDING SOURCE NIA RECOMMENDATION Recommend approval of Ordinance No. 40-07 on first reading. If passed, a public hearing will be scheduled for September 18, 2007. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 40-07 SEWER 0~~407.doc ORDINANCE N0.40-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of sewer services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection 53.130(D), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (D) The following rates and charges shall be collected from the users of the City sewerage system: (1) Residential dwelling units. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Residential Inside City Outside City (a) Capacity charge (per residential dwelling unit): #94 15.69 ~$£r'~ 19.61 (b) Commodity charge (based on metered water with maximum of 12,000 gallons): -1 ~S2 1.91 ~ 2.39 (c) South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) ASS 0.98 ~-~3 1.23 NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there will be a capacity charge as set forth above. (2) Nonresidential/commercial units. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: 2 ORD. NO. 40-07 Nonresidential/Commercial Inside City Outside City (a) Capacity charge (per meter): 3/4-inch meter T'T:77 15.69 ~7 19.61 1-inch meter 24:42 26.17 ~~ 32.71 1-1 /2 inch meter 49:5 52.13 H2~7 65.17 2-inch meter 7.9:48 83.45 ~:~ 104.32 3-inch meter X4:$3 182.73 '"~ 228.41 4-inch meter 344 328.80 ~2 411.00 6-inch meter H95s}4 730.74 8693 913.42 8-inch meter 1 1~ 1253.69 X92:49 1567.11 10-inch meter ~ 1985.04 23H~4 2481.29 (b) Commodity charge: X82 1.91 2~7 2.39 City per 1,000 gallons) (c)South Central Regional &9S 0.98 ~ 1.23 Wastewater Treatment and Disposal Board (per 1,000 gallons) NOTE (1): For those nonresidential/commercial units where water service is not available, and the user is connected to the sanitary sewer system or sewer service is available, the capacity charge will be set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. (3) Sewerage flow determuiation. The number of gallons of monthly sewerage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a separate meter to measure the actual sewerage Flow from the subject unit. A separate meter may be used to measure actual sewerage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. 3 ORD. NO. 40-07 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effective on October 1, 2007. PASSED AND ADOP'T'ED in regular session on second and final reading on this the day of , 2007. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. NO. 40-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~,'~'+~ I DATE: AUGUST 31, 2007 SUBJECT: AGENDA ITEM # ~ Z • C -REGULAR MEETING OF SEPTEMBER 4 2007 ORDINANCE N0.41-07 (AMENDING CHAPTER 51 "GARBAGE AND TRASH„) ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" in accordance with the awarded contract to Waste Management, Inc. of Florida. BACKGROUND Garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. Waste collection charges are being increased by 2.6%. These rates go into effect October 1, 2007. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 41-07 on first reading. If passed, a public hearing will be scheduled for September 18, 2007. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 4107 GARBAGE 090407.doc ORDINANCE NO. 41-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts Mon Service Cost Per Unit Garb a Collection $2:98 3.06 Re clip ~ 1.67 Yard Trash 2:88 2.13 Total Fees -Contractor $~4 $6.86 Cart Re lacement 8:98 0.90 Administrative Fee ~ 0.35 Franchise Fee 10° 0 9:~7 0.69 Total Fees $8:6~ $8.80 Rear-door Owner Container Mon Service Cost Per Unit Garba Collection $~ .72 Re clip ~ 1.67 Yard Trash 2:AS 2.13 Total Fees -Contractor $Y7Y0 13.52 Administrative Fee A~ 0.35 Franchise Fee 10° o ~ 1. 5 Total Fees $4:85 $15.22 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Mon Service Cost Per Unit Garba /Trash Collection $~ 1.97 Re clip 4~ Yard Trash ~9~8 2.13 Total Fees -Contractor $~ 5.77 Administrative Fee 8:~ 0.35 Franchise Fee 10° o A:3~i 0.58 Total Fees $5:54 $6.70 ORD. N0.41-07 (B) Mull-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall be based on a per unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third (3rd) and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. Collection & Hauling Rate Per Unit Mon Service Monthl Cost Per Unit Refuse Collection 5 2.31 Re clin 9:~Fi 0.98 Total Per Unit Fee-Contractor } 3.29 Administrative Fee ~ 0.35 Franchise Fee 10° 0 8~ 0.33 Total Monthl Fees Per Unit ~$$ $3.97 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. 3 ORD. N0.41-07 (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) Container Size Container Picku Fre uen er Week 1 2 3 4 5 6 7 ....................................................... 2 Yard @1~ X449 r2 1 ~Frl-:$1 ~'~ g Collection 12.53 25.03 37.57 50.06 62.60 75.09 87.61 Dis osal 16.28 32.56 48.84 65.12 81.40 97.68 113.97 Container Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Total Contractor Fees $1 6 ~A4-8( @'~ dC1 7 @' 48.21 76.99 105.81 134.58 163.40 192.17 220.98 Franchise Fee 10% 4~1 ~H4 4&41 4~3 4{:48 4~A3 ~$8 4.82 7.70 10.58 13.46 16.34 19.22 22.10 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ~c~ § ~'~8 ~4~1 arm 5 @' ~3.3g 85.04 116.74 1 .39 180.09 211.74 243.43 3 Yard A 1 X4:81 ~'~ X14-49 ~49~81 ~42S:A8 Collection 18.78 37.75 56.32 75.09 93.87 112.67 131.41 Dis osal 24.42 48.84 73.26 97.68 122.11 146.53 170.95 ORD. N0.41-07 Container Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 21.44 Total Contractor Fees ~Ei44Fi ~8~$~ @~ ~~ X3§84 @'~ X4-7 64.64 108.03 151.02 194.21 237.42 280.64 323.80 Franchise Fee 10° o (~ 484 4490 49~ X58 ~8 3z?95 6.46 10.80 15.10 19.42 23.74 28.06 32.38 Administrative Fee 0.35 0.3~ 0.35 0.35 0.35 0.35 0.35 Total Fees 3 ~445~-3 ~4H~4-9A °~'~ ~5:8~1 x-39-x:94 ~7 71.45 119.18 166.47 213.98 261.1 309.05 356.53 4 Yard X4:48 g ~ g @9~ $44Er.38 8 Collection 25.03 50.06 75.09 100.1 125.16 150.19 175.22 Dis osal 32.56 65.12 97.68 130.25 162.81 195.37 227.93 Container Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Total Contractor Fees °~'~-.~ @ 1~I JD': iL A8 AFi ~38~91- ~3H3:-9H ~42~2 79.80 137.39 194.98 252.60 310.18 367.77 425.36 Franchise Fees 10° o ~ 4~H4 494 2§$1- 38:8 3Fr.48 42:89 7.98 13.74 19.50 25.26 31.02 36.78 42.54 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees x:44 A8 ~~4 °t ~3S:AFi ~48A~~4 @A~TC J~Fi 88.13 151.48 21 . ~.$ 21 341.5 40~.9Q 40$•25 6 Yard ~Fi-7-9 ~'~ ~ ~44H-3S X52:49 ~~1 ~~1$ Collection 37.75 75.09 112.67 150.19 187.7 225.30 262.84 Dis osal 48.84 97.68 146.53 195.37 244.21 293.05 341.90 Container Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53 25.53 Total Contractor Fees ~ X48 ~S1:S~ ~S ~§~ -~ @,~4 ORD. N0.41-07 112.12 198.30 284.73 371.09 457.49 543.88 630.27 Franchise Fee 10% 44:42 49:H4 28:44 ~~ 45~ §3:52 ~6 11.21 19.83 28.47 37.11 45.75 54.39 63.03 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees °~~ ~~ ~ ~4A4:~{ ~495:~5 4 ~HSH:~2 12 •6 214.$ x•55 4~ ~2 5~ 8 Yard $459 ~:lA ~44H~S ~3 ~243~18 ~212~8 ~ Collection 50.06 100.14 150.19 200.26 250.32 300.39 350.45 Dis osal 65.12 130.25 195.37 260.49 325.62 390.74 455.86 Container Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Total Contractor Fees ~444:AA @'~4~4 ~3H5:84 @A 9 ~ X524-5-2 142.27 257.48 372.65 487.84 603.03 718.22 833.40 Franchise Fee 10° 0 44~A 25:44 ~H:58 48:8 5.9:~H-~ ~8(~ 52:45 14.23 25.75 37.27 48.78 60.30 71.82 83.34 Administrative Fee 0.35 ~ 0.35 0.35 0.35 0.35 0.35 Total Fees ~~ S ~ ~-5:49 4 ~5~82 ~A~2 156.85 283.58 14 0.27 536.97 663.68 790.39 917.09 Commercial Front-Load Compacting Containers Pickups Per Week 1 2 3 4 2 Yard Collection 3 19.52 Dis osal 61.08 Total Contractor Fee ~58~-1 ORD. N0.41-07 80.60 Fran hise F 10% $:8~ 8.06 Administrative Fee 0.35 Total Fee ~ 89.01 3 Yard Collection ~,?99 58.57 Dis osal 183.19 Total Contractor Fee X48:28 241.76 Franchise F e 10% 24-~~ 24.1 g Administrative Fee 0.35 Total Fee ~H4:HFi 266.29 5 Yard Collection X38 @ 4~TT 48.82 146.45 Dis osal 152.62 457.91 Total Contractor Fees X88:28 ~HAB~~ 201.44 604.36 Franchise Fee 10° o ~:A2 HB:A~ 20.14 60.44 Administrative Fee 0.35 0.35 Total Fees ~~$:§7 ~HH~B~ 221.93 665.15 ORD. N0.41-07 6 Yard Collection @~H 234.30 Dis osal 732.64 Total Contractor Fees ~:A9 966.94 Franchise F e 10% 969 96.69 Administrative Fee 0.35 Total Fee X8§7:45 $1063.9$ Commercial/Mufti-Family Rolloff Containers: Open-top rolloff container $~b 104.80 per pickup plus disposal cost Compactors $' nT~-~ 1 4.80 per pickup plus disposal cost; PLUS monthly container rental 15 Yard $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard $395.00 Excludes commercial rerycling containers and construction/demolition debris. Commercia195-Gallon Cart Service Pickups Per Week 1 2 3 4 5 6 Collection ~~95 ~}8 ~8:91~ $-H-94 4 ~1~Fr3 3.06 6.14 9.19 12.25 15.33 18.09 ORD. N0.41-07 Dis osal 8.14 16.28 24.42 32.56 40.70 48.84 Container Maintenance Fee 2.00 2.00 2.00 2.00 2.00 2.00 Total Contractor Fees @~ ~'~ $3§38 3A ~H4 X5:47 13.20 24.42 35.61 46.81 58.03 68.93 Franchise Fee 10° o ~ 2:43 334 4:H5 ~ 6~ 1.32 ~ 3.56 4.68 5.80 6.89 Administrative Fee 0.35 0.35 ~ 0.35 0.35 0.35 Total Fees X4:43 $~9 2 ~`~ $63:4A ~r-32 14.87 27.21 ~~ 51.84 6 •18 ~61'~ NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 2~AAEi 2007. Waste Management currently picks up individual thirty-gallon cans along Atlantic Avenue, the beach area, and Pineapple Grove. Out of a total of one hundred four (104) containers, eighty-four (84) do not have property control numbers and, therefore, the City is not charged for disposal costs by the Solid Waste Authority. Waste Management, by contract, does not charge the City for collection costs but should be paid for their disposal costs. Since the Solid Waste Authority does not reimburse Waste Management for these disposal costs, it should be the responsibility of the City to reimburse them. The City will be billed seven thousand three hundred ninety dollars and sixty-six cents ($7,390.66) annually which will be computed as follows: Eighty-four (84) thirty-gallon containers picked up six (6) times per week Twenty-eight dollars ($28.00) per ton disposal rate charge by SWA =One dollar eighty- eight cents ($1.88) per cubic yard Thirty-gallon container = .15 cubic yards Eighty-four (84) containers x .15 cubic yards x six (6) pick ups per week xfifty-two (52) weeks x one dollar eighty-eight cents ($1.88) =seven thousand three hundred ninety dollars and sixty-six cents ($7,390.66) Waste Management will be picking up trash at the newly installed bus shelters. The City will be billed $31,000. 9 ORD. NO.41-07 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effective on October 1, 2007. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007 MAYOR ATTEST: Ciry Clerk First Reading Second Reading 10 ORD. N0.41-07 `~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: AUGUST 30,.2007 SUBJECT: AGENDA ITEM # ~~.~ -REGULAR MEETING OF SEPTEMBER 4, 2007 ORDINANCE 42-07/CHANGE IN PUBLIC SERVICE TAX ITEM BEFORE COMMISSION The item before the Commission is Ordinance 42-07 which amends Section 50.15 of the City Code regarding the public service tax. BACKGROUND The current public service tax rate is 8.7% for gas and 9.7% for electricity: The fuel oil tax is currently the same proportion to $0.04 as 8.7% is to 10%. Ordinance 42-07 increases the public service tax for gas and electricity to 10% and provides that the fuel oil tax shall be $0.04 a gallon. This Ordinance also removes the exemption, from the public service tax, on the first 90 kilowatt hours of electricity purchased. RECOMMENDATION Staff recommends approval of Ordinance 42-07. ORDINANCE N0.42-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION 50.15, "LEVY OF TAX", TO PROVIDE FOR AN INCREASE IN THE TAX CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dekay Beach, Florida, desires to amend its Code of Ordinances in order to provide for an increase of the public service taxes for electricity, fuel oil and gas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 50, "Utilities Generally; Public Service Tax", Section 50.15, "Levy of Tax", of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended as follows: Sec. 50.15. LEVY OF TAX. (A) Electricitya~L Gas and uel oil. (1) (a) The City hereby levies a tax on the purchase of electricity and metered or bottled gas (natural liquefied petroleum gas or manufactured). The tax shall be levied only upon purchases within the City in the amount of °~^'~* ^ra °°~~°~ *°r+''^ f4.'" ten 10 percent of the payments received by the seller of the taxable item from the purchaser for the purchase of metered or bottled gas (natural liquefied petroleum gas or manufactured), and °"°.. °r+~,° +^., ~,'° ;+°.,, ~.,,,,., +,,° ,.~,^ r ~ r +,,° ..~,^ ° °~ electricity. The tax on fuel oil shall be four cents ($0.04~per alg lon• each month-f ,. ,-°~;a°„+;^i „^° ^~,^» ~.° °~,°.,,~+ ~.,,,... +~,° +^., i°.,;°a ~..,+~,;^ ~„~.~°,.+' --- ------------- ---- ------- -- ------=r`= --~--- {~} b~ This tax shall not be applied against any fuel adjustment charge, and such charge shall be separately stated on each bill. The term "fuel adjustment charge" means all increases in the cost of utility services to the ultimate consumer resulting from an increase in the cost of fuel to the utility subsequent to October 1, 1973. {~~ This tax shall in every case be paid by the purchaser, for the use of the City, to the seller of such electricity or gas at the time of paying the charges therefor to the seller thereof, but not less often than monthly. (2) To the extent such sums are not otherwise required to meet current or future utility tax certificate bond covenants, and/or debt service on same, +'~^* ~°_-*~°~ °~+''° r ^++~~••*^~~° *° *~° ~ ° ° „ +i,° *^., ==c=:= ~e.e= ten (10.0~percent of the total utility tax collections for electricity, fuel oil and gas shall be transferred monthly to the City of Delray Beach Beautification Program, to be used for capital and operating expenses incurred in projects for the beautification of the Public Rights-of--Way within the City and the maintenance of such beautification projects. Any revenues transferred to such fund in excess of fund expenditures in any fiscal year shall be retained and reappropriated in the Fund in the next fiscal year, such use being subject to the prior lien enjoyed by the holders of outstanding and future parity obligations of the City secured by the utility services tax of the City. (3) Services competitive with those enumerated in division (A)(1) above shall be taxed on a comparable base at the same rates. , S~estia~6}: (4) 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 taxation hereunder. (5) The City hereby exempts from taxation hereunder the purchase of the taxable items by the United States Government, this state, and all counties, school districts, and municipalities of the state, and by public bodies exempted by law or court order, or any other public body as defined in F.S. Section 1.01 and shall exempt purchases by any recognized church in this State for use exclusively for church purposes. (6) The tax authorized hereunder shall be collected by the seller of the taxable item from the purchaser at the time of the payment for such service. The seller shall remit the taxes collected to the City in the manner prescribed by this subchapter and by F.S. Section 166.231(7). (B) Reserved. 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. 2 ORD. NO. = 07 PASSED AND ADOPTED in regular session on second and final reading on this day of 2007. ATTEST: CITY CLERK First Reading Second Reading MAYOR 3 ORD. NO. -07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CANDI JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~ THROUGH: CITY MANAGEd~~ DATE: AUGUST 28, 2007 ff~~~~-- SUBJECT: AGENDA ITEM # 1 la.~ - REGULAR MEETING -SEPTEMBER 4 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR1, AMENDING SECTION 2 2 3 "THE SITE PLAN REVIEW AND APPEARANCE BOARD" AND SECTION 2.2.4 "THE BOARD OF ADJUSTMENT", TO PROVIDE FOR A METHOD FOR APPEALS: AMENDING SECTION 2.4.8 "PROCESSING SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF BEACH PROPERTY PLANS IN ACCORDANCE WITH THE BEACH PROPERTY OWNERS DESIGN MANUAL; AMENDING SECTION 4 4 3 "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS" AND AMENDING SECTION 4.5.13, "NORTH BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICTS", TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE REGULATED IN ACCORDANCE WITH THE "BEACH PROPERTY OWNERS DESIGN MANUAL" FOR NORTH BEACH AND SEAGATE NEIGHBORHOODS. ITEM BEFORE COMMISSION The item before the City Commission is aCity-initiated amendment to the Land Development Regulations (LDRs) Sections 2.2.3 (d), 2.2.4 (d), 2.4.8, 4.4.3 (a), (e), (f), and (g), and 4.5.13. These sections deal with the review process for projects located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts, authorities granted to the reviewing body (currently Urban Design Studio) and specific Boards to which authority is given to review applications for appeals to design guidelines or other regulations in the Beach Property Owners Design Manual. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND The current language in LDR Section 2.2.3 (d) and 2.2.4 (d) does not give the Site Plan Review and Appearance Board (SPRAB) nor the Board of Adjustment (BOA) the authority to hear appeals to Section II and Section I respectively, as stated in the Beach Overlay Design Guidelines Manual. This LDR text amendment shall add language to the LDRs to make both documents consistent and fully enforceable. City Commission Documentation, Meeting of September 4, 2007 City-Initiated Amendment to the LDRs Amending Beach Overlay District Review Process Language in LDR Section 2.4.8 will be modified to specify the deadline for submittals of project applications in the North Beach/Seagate and Ocean Neighborhood Overlay Districts and clarify the application processing time needed to allow for full review and approval (30 days). Language in LDR Section 4.4.3 (F) is being added to give the authority to apply restrictions above and beyond the minimum requirements of LDR Section 4.3.4 (K) development standards, which include but not limited to visual compatibility standards, limitations on height, width, mass, scale, materials, colors, style, form and square footage as referenced in the Beach Property Owners Design Manual. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on August 20, 2007. No one from the public spoke on the issue. The Board recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the 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. 36-07, amending Land Development Regulations (LDRs) Section 2.2.3, the "Site Plan Review and Appearance Board", Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, The "Board Of Adjustment", Subsection (D), "Duties, Powers And Responsibilities", to provide for a method for appeals; Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of beach property plans in accordance with the Beach Property Owners Design Manual; Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections (A), "Purpose And Intent", (E), "Review And Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", And Section 4.5.13, "North Beach/Seagate And Ocean Neighborhood Overlay Districts" to provide that visual compatibility may be regulated in accordance with the "Beach Property Owners Design Manual" for North Beach and Seagate Neighborhoods, 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). Attachments: ^ Ordinance No. 36-07 ^ Planning and Zoning Staff Report of August 20, 2007 2 ORDINANCE NO. 36-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.2.3, "THE SITE PLAN REVIEW AND APPEARANCE BOARD", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", AND SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", TO PROVIDE FOR A METHOD FOR APPEALS; AMENDING SECTION 2.4.8, "PROCESSING SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF BEACH PROPERTY PLANS IN ACCORDANCE WITH THE BEACH PROPERTY OWNERS DESIGN MANUAL; AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTIONS (A), "PURPOSE AND INTENT", (E), "REVIEW AND APPROVAL PROCESS", (F~, "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND AMENDING SECTION 4.5.13, "NORTH BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICTS", TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE REGULATED IN ACCORDANCE WITH THE NORTH BEACH AND SEAGATE NEIGHBORHOODS DESIGN MANUAL; 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 August 20, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach fords the ordinance is consistent with the Comprehensive Plan; and WHEREAS, the City Commission desires and intends for the City's contractor, currently Urban Design Studio, to have wide discretion to limit overlay and zoning district requirements fettered by the limitations provided in this ordinance and in the North Beach/Seagate and Ocean Neighborhood Overlay District Design 1 ORD. NO. 36-07 Manual (Beach Property Owners Design Manual) pertaining to visual compatibility standards including but not limited to: height, width, scale, mass, colors, materials, style, form and square footage; and WHEREAS, the City Commission desires and intends that the limitations provided in the zoning district regulations shall serve as a maximum upper limit and these Design Guidelines provided in the Beach Property Owners Design Manual and codified in this ordinance shall provide additional limitations that may be considered and applied to properties within the North Beach and Seagate Neighborhood Overlay District as defined in Section 4.5.13 of the LDRs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2.2.3, "The Site Plan Review and Appearance Board", Subsection (D), "Duties, Powers, And Responsibilities", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: (D) Duties, Powers, and Responsibilities: (1) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: ~ (~, Certain site and development plans, as provided in this Code ~ jib Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4:6.9(C)(1)(g) ~ ~ Granting of relief to Section 4.6.16 through the waiver process ~ ~ Preliminary and final landscape plans ~ ~ Master Sign Programs ~ , f(~ Signage as allowed by Section 4.6.7 ~ Appeal of administrative interpretations made in application of the sign code and the landscaping code ~ l~i Architectural elevations ~ .(~ Streetscape and landscape features (e.g. walls, fences, lighting, dumpster enclosures, etc.) (2) To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. (3~ The Board has the authority to hear appeals to any "Design Guidelines" in Section II of the Beach Property Owners Design Manual for the North Beach & Seagate Neighborhoods as set forth in Section 4.5.13. 2 ORD. NO. 36-07 Section 2. That Section 2.2.4, "The Board of Adjustment", Subsection (D), "Duties, Powers and Responsibilities", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: Section 2.2.4 The Board of Adjustment: (D) Duties, Powers, and Responsibilities: (1) The Board hereby has the authority to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Chief Building Official, with the exception of interpretations of use matters and other items specifically preempted or granted to others pursuant to these Land Development Regulations. (2) The Board, so long as its actions are in conformity with the. terms of these Land Development Regulations may reverse or affirm, wholly or partly, or may modify the order, requirement, or decision, or determination appealed form and may make such order, requirements, decision, or determination as sought to be made, and to that end shall have powers of the Chief Building Official from whom the appeal is taken. (3) The Board hereby has the authority to grant variances and hear appeals from the provisions of: (a) The General Development Standards set forth in Section 4.3. (b) Regulations found in the Flood Damage Control Overlay District, Section 4.5.3. (c) The supplemental district regulations (Article 4.6) except where said authority is expressly prohibited or granted to others. (d) Fire Prevention codes, Chapter 96 of the City Code, per Section 96.06. (e) "District Regulations and Incentives" in Section I of the Beach Property Owners Design Manual for North Beach & Seagate Neighborhoods as set forth in Section 4.5.13. Section 3. That Section 2.4.8, "Processing Schedules", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.8 Processing Schedules This Section sets forth basic requirements for insuring the timely and due process for review and action on development applications and other matters set forth in these regulations. 3 ORD. NO. 36-07 (A) General Requirements: The following items pertain to the processing of any development application or other item which requires an action under these regulations. (1) Timely Submission Required: A failure of an applicant to file an application or formal request for action prior to a deadline date, established herein, shall be cause for the item to be considered in the subsequent round of processing or meeting of a Board and approval body. (2) Full Submission Required: A failure of an applicant to file a complete development application shall be cause for deferring its consideration to the subsequent round of processing. (3) Prerequisite Actions. When an action of one Board, or approval body, is dependent upon the action of another Board, it is necessary that the dependent action not be taken until the prerequisite action is completed. Examples of prerequisite actions include: ~ ~al Granting of a variance prior to site plan approval ~ ~b Obtaining a certificate of appropriateness prior to approval of a site plan ~ ~c,~ Obtaining administrative relief prior to site plan approval ~~ Approval of a rezoning prior to action on a conditional use or site plan (B) Internal Review Procedures: The following provides a minimum requirement for the administrative review of a development application. More detailed procedures shall be promulgated in written form by the Director of Planning. {a} ,(~, Each development application shall be formally receipted within one week of its submission. At that time, a determination shall be made that it is accepted for processing, tentatively accepted, or rejected. An application which is tentatively accepted shall have listed items which must be provided for full acceptance and a date by which such information must be provided. {h} ~ An accepted ox tentatively accepted application shall be distributed to appropriate administrative units within the City for review and comment. Reviews include: ~ ~ Engineering ~ ~b Code Enforcement ~ ~ Public Utilities ~ ~ Planning ~ ~ Fire ~ ~E Horticulturist ~ Building ~ l,~i Police 4 ORD. NO. 36-07 {e3 ~3,~ Public hearing notice shall be made. Also, a description of the application shall be provided to external agencies, as appropriate, for review and comment. {~} ~ Review comments on applications for rezonings, conditional uses, site plans, and plats shall be provided in writing, consolidated by the Planning Division, and transmitted to the project agent. {e} f 5~ A written report shall be presented to the review and approval bodies in which an assessment of the application is made and a recommendation is provided. The recommendation shall address findings which are required prior to action. (C) Deadlines for Submittals: The following deadlines for the receipt of a development application shall be observed. Late submittals may be accepted only through special exceptions granted by the Director. (1) Items which require Planning and Zoning Board review are to be submitted on the first Friday of a month in order to be considered at the Boar's regular meeting of the subsequent month (normally the third Monday). (2) Items which require Site Plan Review and Appearance Board review are to be submitted prior to a regular meeting date as follows: (a) Site Plans: five weeks (b) Architectural Elevations: one week (c) Final Landscape Plans: five weeks (d) Preliminary Landscape Plan: one week (e) Master Sign Programs: two weeks (3) Items which require Board of Adjustment consideration axe to be submitted prior to a regular meeting date as follows: (a) Items Which Require Public Notice: four weeks (b) Other Items: two weeks (4) Items which require Historic Preservation Board consideration axe to be submitted prior to a regular meeting date as follows: (a) Variances: four weeks (b) Certificate of Appropriateness: two weeks (c) Other Items: two weeks unless when acting in-lieu of the Site Plan Review and Appearance Board in which case the standards for that Board apply. 5 ORD. NO. 36-07 (5) Development applications which must be acted upon by the City Commission shall be forwarded from the recommending Board to the Commission so as to be considered at the Commission meting subsequent to the Board action, provided however, that the Board's action occurs prior to the establishment of the agenda for that city Commission meeting. When an application is conditioned upon certain items being completed prior to consideration by the City Commissions, documentation that such items axe completed prior to the establishment of the agenda for that City Commission must be provided. (6) Other items which are to go before Land Development Boards shall be submitted in sufficient time to provide for appropriate notice and to be included on the published and posted agenda for the Board's meeting. f 7) Items which are required to be in compliance with the Beach Property Owners Design Manual are to be submitted for review in sufficient time to allow up to thirty (30) days for issuance of a letter of compliance with the Beach Property Owners Design Manual Section 4. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections (A), "Purpose and Intent", (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended to read as follows: Section 4.4.3 Single Family Residential (R-1) Districts: (A) Purpose and Intent: The Single Family Residential Districts have been created in order to provide areas where the traditional single family detached residence can be established and maintained and be protected from the unwarranted intrusion of other inappropriate uses. Further, the Single Family Residential Districts axe established in compliance with provisions of Goal Area "A" of the Comprehensive Plan which calls for the preservation and maintenance of stable neighborhoods. The following Single Family Residential Districts are regulated by this Section: ~,~ R-1-AAA ~ ~ R-1-AAAB ~ ~3,~ R-1-AA ~ ~ R-1-AAB ~ ~5,) R-1-A ~ ~ R-1-AB (E) Review and Approval Process: (1) All principal uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. ~ ORD. NO. 36-07 (2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5 (E). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5Q) or (K), as applicable. (4) Within the North Beach/Seagate and Ocean Neighborhood Overlay Districts, all applications for single family residences, and additions and renovations that exceed 50% of the square footage of the existing structure must be reviewed in accordance with the Beach Property Owners Design Manual. {S-]}, pursuant to the site plan processing schedule provisions of Section 2.4.8. (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: (1) In addition to the provisions of Section 4.3.4(x), properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods: including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color style, form, and square footage (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1) In addition to the provisions of Section 4.3.4(x), properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods.- including but not limited to visual compatibility standards relating to limitations on height, width, mass, scale, materials, color, style, form and square footage Section 5. That Section 4.5.13, "North Beach/Seagate And Ocean Neighborhood Overlay Districts", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: Section 4.5.13 North Beach/Seagate and Ocean Neighborhood Overlay Districts: (A) General: With the adoption of the City's Comprehensive Plan Amendment 99- 1, Housing Element Policy A-12.4 was modified to state the City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. In accordance with 7 ORD. NO. 36-07 this policy, a the Beach Property Owners Design Manual was prepared for the single family zoned properties east of the Intracoastal Waterway, and was adopted by the City Commission on January 4, 2005. This section is created to adopt and implement the provision of the North Beach and Seagate Neighborhoods Design Manual. All development within the North Beach/Seagate and Ocean District Neighborhood Overlay District, as defined in Section (B) below, shall take place according to the provisions of the manual adopted herein and shall follow the standards for visual compatibility provided within the guidelines including reeulations limiting height, width, mass, scale, materials, color, style, form and square footage. The Beach Property Owners Design Manual is included as an exhibit hereto. 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. PASSED AND ADOPTED in regular session on second and final reading on this day of 2007. MAYOR ATTEST: CITY CLERK First Reading Second Reading 8 ORD. NO. 36-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AUGUST 20, 2007 AGENDA NO: V. F. AGENDA ITEM: CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.2.3, THE "SITE PLAN REVIEW AND APPEARANCE BOARD", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", AND SECTION 2.2.4, THE "BOARD OF ADJUSTMENT", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", TO PROVIDE FOR A METHOD FOR APPEALS; SECTION 2.4.8, "PROCESSING SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF BEACH PROPERTY PLANS BY URBAN DESIGN STUDIO; SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTIONS (A), "PURPOSE AND INTENT", (E), "REVIEW AND APPROVAL PROCESS", (F), "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.5.13, "NORTH BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICTS" TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE REGULATED IN ACCORDANCE WITH THE "BEACH PROPERTY OWNERS DESIGN MANUAL" FOR NORTH BEACH AND SEAGATE NEIGHBORHOODS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ITEM'`~EFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding aCity-initiated amendment to the Land Development Regulations (LDRs) Sections 2.2.3 (d), 2.2.4 (d), 2.4.8, 4.4.3 (a), (e), (f), and (g), and 4.5.13. These sections deal with the review process for projects located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts, authorities granted to the reviewing body (Urban Design Studio) and specific Boards to which authority is given to review applications for appeals to design guidelines or other regulations in the Beach Property Owners Design Manual. 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. $ACKGROUND ANALYSIS The current language in LDR Section 2.2.3 (d) does not give the Site Plan Review and Appearance Board (SPRAB) the authority to hear appeals of the design guidelines in Section II of the Beach Property Owners Design Manual as currently stated in the Beach Overlay Design Guidelines Manual. This LDR text amendment shall add language to make both documents consistent and fully enforceable. Language in LDR Section 2.2.4 (d) is modified to give the Board of Adjustments (BOA) the authority to hear appeals to the District Regulations and Incentives in Section I of the Beach Property Owners Design Manual. This LDR text amendment shall supplement current language within the Beach Property Owners Manual to make both documents consistent and fully enforceable. Planning and Zoning Board Memorandum Staff Report -August 20, 2007 LDR Text Amendments for the Beach Overlay District Likewise, this LDR text amendment gives the Board of Adjustments (BOA) the authority to review appeals to any existing or future design guidelines for overlay districts, including those which are currently in the planning process, with the exception of the Historic Preservation Design Guidelines which are appealable to the Historic Preservation Board. Language in LDR Section 2.4.8 will be modified to specify the deadline for submittals of project applications associated with development proposals in the North Beach/Seagate and Ocean Neighborhood Overlay Districts. This LDR text amendment shall clarify the application processing time needed to allow for full review and approval by Urban Design Studio. The recently renewed Urban Design Studio contract allows them up to thirty (30) days to review each new application and issue a letter of compliance with the Beach Property Owners Design Manual. The proposed LDR text amendments specifically in Section 4.4.3 (A) and in various subsections throughout Sections 2.2.3 (D) and 2.2.4 (D) are corrective and assigns a numerical or alphabetical reference to parts of the code previously contained in an itemized list as indicated by an asterisk ("). This will allow these amended code sections to be individually referenced by category as opposed to being included all in one inclusive group. Language modifications in LDR Section 4.4.3 (E) (4) will remove the reference to applications for new single family residences, additions and renovations that exceed fifty percent (50%) of the square footage of the existing structure being approved by the Site Plan Review and Appearance Board (SPRAB). The reference will be modified to add review by Urban Design Studio which will issue a letter of compliance to the Beach Property Owners Design Manual. This is a corrective LDR text amendment to direct the authority to Urban Design Studio, since this is consistent with the current process for approval of these types of plans in the North Beach/Seagate and Ocean Neighborhood Overlay District within the City. Language in LDR Section 4.4.3 (F) is being added to give Urban Design Studio the authority to apply restrictions above and beyond the minimum requirements of LDR Section 4.3.4 (K) development standards, which include but may not be limited to visual compatibility standards, limitations on height, width, mass, scale, materials, colors, style, form and square footage. This LDR text amendment will recognize design standards within the Beach Property Owners Design Manual and make both documents consistent and fully enforceable. 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 there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. These modifications are being implemented to reflect current review and approval processes and to achieve consistency between development documents. 2 Planning and Zoning Board Memorandum Staff Report - August 20, 2007 LDR Text Amendments for the Beach Overlay District REVIEW BY OTHERS Courtesy Notice: Courtesy notices were provided to the following civic and home owner associations: ^ Neighborhood Advisory Council ^ Beach Property Owners Association Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of these City-initiated LDR text amendments are to clarify the review process for projects located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts and to solidify the authorities granted to the reviewing body (Urban Design Studio) and to specific Boards to which authority is given to review appeals to design guidelines or regulations in the Beach Property Owners Design Manual. As noted in this staff report, positive findings can be made with respect to LDR Section 2.4.5(M)(5) can be made. RECOMMENDED ACTION Move a recommendation of approval to the City Commission for aCity-initiated amendment to the Land Development Regulations (LDRs) Section 2.2.3, the "Site Plan Review and Appearance Board", Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, The "Board Of Adjustment", Subsection (D), "Duties, Powers And Responsibilities", to provide for a method for appeals; Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of beach property plans by Urban Design Studio; Section 4.4.3, Single Family Residential (R-1) Districts", Subsections (A), "Purpose And Intent", (E), "Review And Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", And Section 4.5.13, "North Beach/Seagate And Ocean Neighborhood Overlay Districts" to provide that visual compatibility may be regulated in accordance with the "Beach Property Owners Design Manual" for North Beach and Seagate Neighborhoods 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 36-07 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~ j~~~ THROUGH: CITY MANAGER U ~~ DATE: AUGUST 31, 2007 SUBJECT: AGENDA ITEM # ~ ~, ~ -REGULAR MEETING OF SEPTEMBER 4 2007 CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR) AMENDING APPENDIX "A" BY ENACTING DEFINITIONS FOR "ADULT MATERIAL" "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES". ITEM BEFORE COMMISSION The item before the Commission is approval of aCity-initiated amendment to the Land Development Regulations amending Appendix "A" by enacting definitions for "adult material", "Specified Anatomical Areas", and "Specified Sexual Activities". BACKGROUND These changes are proposed as a precautionary step in response to a recent court ruling in the 11th District Circuit Court (Federal case), which concluded that if the definition portion of an adult entertainment ordinance was too vague (overly broad), it could result in the overturning of the adult entertainment ordinance. These additional definitions provide clarity in this regard. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on August 20, 2007. No one from the public spoke on the issue. The Board recommended approval on a 7 to 0 vote by adopting the findings of fact and law contained in the staff report and finding that the 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. 37-07 for aCity-initiated amendment to the Land Development Regulations (LDRs), amending Appendix "A" "Definitions", by enacting definitions for "adult material", "specific anatomical areas" and "specified sexual activities", 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 No. 37-07 ^ Planning and Zoning Report, August 20, 2007 ORDINANCE NO. 37-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING APPENDIX "A", BY ENACTING DEFINITIONS FOR "ADULT MATERIAL", "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTNITIES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray Beach, in the interest of health, peace, safety, and general welfare of the people of the "City of Delray Beach," hereafter the "City" and WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this ordinance is to establish reasonable and uniform regulations for the adult entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is not the intent of the City Commission to legislate with respect to matters of obscenity. These matters axe regulated by federal and state law, including chapter 847 of the Florida Statutes; and WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of Delray Beach, Florida, has considered reports, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the community which include but are not limited to the following: 1. City of Renton v. Playtime Theaters, Inc., 475 U.S. 411 (1956), reh. denied, 475 U.S. 1132. 2. Young v. American Mini-Theaters~Inc., 427 U.S. 50 (1975), reh. denied, 429 U.S. 873. 3. Barnes v. Glen Theater. Inc., 501 U.S. 560 (1991). 4. City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 122 S.Ct. 1728, 152 L.Ed. 2d 670 (2002). 5. Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11`'' Cir. 1999). 6. Daytona Grand, Inc. v. City of Daytona Beach Florida, 20 F1a.L.Weekly Fed. C778 (11th Cir. 2007). 7 Report on Zoning_and Other Methods of Regulating Adult Entertainment in Amarillo, (Texas) dated September 12, 1977. 8. Regulation of Criminal Activity and Adult Businesses, City of Phoenix, May, 1979. Findings of the City Planning Commission of the City of New York dated January 26, 1977. 10. Detroit's Approach to Regulating the "Adult Uses" presented to American Institute of Planners, Annual Conference, October 10, 1977. 11. Report to the City Planning Commission and City Council from the Planning Department of the City of Beaumont, Texas dated September 14, 1982. 12. Legislative Report on an Ordinance Amending Section 28-73 of the Code of Ordinances of the City of Houston, Texas: Providing for the Regulation of Sexually Oriented Commercial Enterprises, Adult Bookstores, Adult Movie Theaters and Massage Establishments; and Making Various Provisions and Findings Relating to the Subject. Report prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983. 13. Report on Adult Oriented Business in Austin. Report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19, 1986. 14. Adult Entertainment Business in Oklahoma City A Survey of Real Estate Appraisers. Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3,1986. 15. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the Department of Metropolitan Development dated February, 1984. 16. Palm Beach County Sheriffls Office report dated April, 1998. 17. Director's Report: Proposed Land Use Code Text Amendment Adult Cabarets. A report prepared by the Director of the Department of Construction and Land Use of the City of Seattle, Washington. Dated March 24, 1989. 18. Report to the American Centex fox Law and Justice on Secondary Impacts of Sex Oriented Businesses, Peter R. Hecht, Ph.D, March 31, 1996. 19. Adult Business Study in Town and Village of Ellicottville, Cattaraugus County New York. An analysis prepared by the Town/Village Planner, Gary Palumbo, AICP. Dated January, 1998. 20. Adult Use Study in Newport News, Virginia. An analysis prepared by the Department of Planning and Development of the City of Newport News, Virginia. Dated March, 1996. 2 ORD. NO. 37-07 21. Memorandum of Law on Adequate Alternative Avenues of Community fox Sexually Oriented Businesses. An analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the National Law Center for Children and Families. Dated October 1, 1995. 22. Local Community Control of Adult Businesses. An analysis prepared by Bryan H. Beauman of For the Defense dated June, 2007. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Appendix "A" be amended as follows: ADULT MATERIAL: Books, magazines, neriT odicals, or other printed matter~photograT, films, motion pictures, video cassettes, slides, or other visual representations: recordings, other audio matter: and novelties or devices which have as their primary or dominant theme subject matter depicting, exhibiting, illustrating, describing or relating to specified sexual activities or specified anatomical areas. SPECIFIED ANATOMICAL AREAS: Specified anatomical areas shall include less than completely and opaquely covered human genitals and the pubic region• the opening between the human buttocks, i.e., the anal cleft; that portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola• this definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress blouse, shirt leotard, bathing suit, or other wearing apparel, provided that the areola is not exposed- or human male genitals in a discernably turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES: Specified sexual activities shall include human genitals in a state of sexual stimulation, arousal or tumescence: or acts of human anilingus, bestiality buggerTv cunnilingus. coprophagy, coprophilia, fellation, flagellation masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy or fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast• or excretory functions as part of or in connection with any of the activities set forth above. 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 axe hereby repealed. 3 ORD. NO. 37-07 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 day of 2007. ATTEST: CITY CLERK First Reading Second Reading MAYOR 4 ORD. NO. 37-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AUGUST 20, 2007 AGENDA NO: V. G. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX "A" BY ENACTING DEFINITIONS FOR "ADULT MATERIAL", "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES". 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} Appendix "A", Definitions, adding definitions for "adult material", "specific anatomical areas", and "specified sexual activities" 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 These changes are proposed as a precautionary step in response to a recent court ruling in the 11th District Circuit Court (Federal case), which concluded that if the definition portion of an adult entertainment ordinance was too vague (overly broad), it could result in the overturning of the adult entertainment ordinance. These additional definitions provide clarity in this regard. REQUIRED FINOJNGS LDR Section 2.4.5(M)(5) fFindings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: - The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following associations: ^ Neighborhood Advisory Council . ^ Chamber of Commerce Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. V. G. Planning and Zoning Board Meeting, August 20, 2007 LDR Amendment -Appendix "A", Adult Material Definitions ASSESSMENT AND C~NCLUSIUN The purpose of this City-initiated LDR text amendment is to provide clear definitions as they relate to our adult entertainment ordinance. These changes are necessary as a precautionary step in response to a recent court ruling. This LDR text amendment 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 Appendix "A" "Definitions", by enacting definitions for "adult material", "specific anatomical areas" and "specified sexual activities", 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 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: AUGUST 30, 2007 SUBJECT: AGENDA ITEM # I ~, . l~ -REGULAR MEETING OF SEPTEMI ORD. 43-07/REVISION TO RECLAIMED WATER ORDINANCE ITEM BEFORE COMMISSION The item before the City Commission is Ordinance 43-07 which modifies the Reclaimed Water provisions of the City Code. BACKGROUND This ordinance modifies Chapter 59, Reclaimed Water, of the Code of Ordinances by: • Making connection to the reclaimed water system mandatoryProhibiting use of any other water source for irrigation if reclaimed water is available • Increasing economic inducement for connection • Increasing the wholesale commodity rate for FY 2007/2008 • Limiting the hours of irrigation for wholesale customers. RECOMMENDATION Staff recommends approval. ORDINANCE N0.43-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 59, "RECLAIMED WATER", SECTION 59.06, "USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH UTILITY SERVICE AREA", TO PROVIDE THAT ALL CUSTOMERS SHAI.I.. CONNECT TO THE RECLAIMED WATER SYSTEM; AMENDING SECTION 59.09, "FEES, RATES AND CHARGES", TO INCREASE THE WHOLESALE RATE AND AMENDING SECTION 59.13, "APPROVED USES OF RECLAIMED WATER" TO PROVIDE FOR HOURS OF USE FOR IRRIGATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, potable water and groundwater are valuable resources which must be conserved; and WHEREAS, reclaimed water is also a valuable resource which can safely be used for irrigation purposes, thereby substantially contributing to the conservation of groundwater and potable water; and WHEREAS, the City of Delray Beach has determined to establish a reclaimed water system which would make reclaimed water available for irrigation; and WHEREAS, such reclaimed water system serves a valid public purpose in helping to conserve water resources; and WHEREAS, such reclaimed water system use shall be mandatory within 90 days of availability of same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, THAT: Section 1. That Chapter 59, "Reclaimed Water", Section 59.06, "Use of Reclaimed Water within the City of Delray Beach Service Area" is hereby amended to read as follows: Sec. 59.06 USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH SERVICE AREA. (A) Reclaimed water service will be made available within the City's Utility Service Area as the transmission system is extended and treatment capacity becomes available. (B) Reclaimed water service will be deemed available when Reclaimed Water Distribution System facilities necessary fox connection to the customers' irrigation system axe activated to the customers' point of service. Easements may be required across private property to accommodate extension of the transmission system to the customers' point of service. In the event that such required easements are not granted by the customer, reclaimed water will be deemed available when facilities are placed in service abutting any point on the customers property line. (Cl Connection to the City's reclaimed water system for irrigation use shall be mandator If the Citds reclaimed water system is available fox connection for irrigation users, no other sources of irrigation water will be permitted. Upon notification from the Citv of service availability, Ecustomers shall have ninety (90) days to connect irrigation systems to the reclaimed water system with no fees assessed by the City. Customers connecting after that time will be assessed meter installation charges. After the stated 90 day period, existing irrigation connections to the City's drinking water system will be disconnected, and customers requiring irrigation water that remain unconnected to the reclaimed water system will be assessed a monthly capacity charge as listed in section 59.09, and a monthly commodity charge based on 12.000 gallons per month billed at the current rate for irrigation water as listed in Chapter 52, Section 52 348 Upon connection to the reclaimed water system, the capacity charge will .cease, and the commodity charge will be based on metered use at the rates listed in Section 59 09 for the applicable user classification. (D) Connection of an irrigation system to the customer's side of the reclaimed water meter is the responsibility of the customer and shall be performed at the customer's expense. (E) Should the customer require reclaimed water of quality or pressure varying from that normally supplied by the city, the customer shall be responsible for any devises necessary to make these adjustments, provided, however, that such devices will require prior approval by the City. Section 2. That Chapter 59, "Reclaimed Water", Section 59.09, "Fees, Rates and Charges" is hereby amended to read as follows: Sec. 59.09 FEES, RATES AND CHARGES. (A) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per one thousand (1,000) gallons in accordance with the following schedule: Retail customer rate ........ $1.00 2. Wholesale customer rate .... no-zv- 0.28 52.32. (B) Meter installation charges, when applicable, shall be as listed in Chapter 52, Section (C) Capacity charge, when applicable, shall be as listed in Chapter 52, Section 52.34(B). 2 ORD. NO. 43-07 Section 3. That Chapter 59, "Reclaimed Water", Section 59.13, "Approved Uses of Reclaimed Water", is hereby amended to read as follows: Sec. 59.13. APPROVED USES OF RECLAIMED WATER; HOURS OF USE FOR IRRIGATION (A) Reclaimed water shall be used in accordance with applicable federal, state, and local laws, rules and regulations. Pursuant to this Chapter, reclaimed water may be used for irrigation of residential and nonresidential lawns, golf courses, cemeteries, parks, landscaped areas, edible crops (as set forth in Chapter 62-610, Florida Administrative Code), highway medians, dust control, on construction sites, mixing of concrete, and cleaning of roads and sidewalks. Any other use of reclaimed water must be approved in writing by the Director prior to said usage. (B) Hours of irrigation fox wholesale customers connected to the City's reclaimed water system shall be limited to the hours between sunset and sunrise. Section 4. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 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 the 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 3 ORD. NO. 43-07 MEMORANDUM TO: MAYOR AND CITY COMMISSI ERS FROM: JASMIN ALLEN, PLANNER ~/~~ PAUL DORLING, AICP, DIR CTOR PLANNING AND ZONING ~~ ~ THROUGH: CITY MANAGE ~~~-' 't DATE: AUGUST 31, 2007 SUBJECT: AGENDA ITEM # j ~ Crt -REGULAR MEETING SEPTEMBER 4 2007 CONSIDERATION OF AN AMENDMENT TO LDR SECTION 2 4 3(K)(1) "DEVELOPMENT APPLICATIONS" REDUCING THE DEVELOPMENT APPLICATION FEE FOR VARIANCES BEFORE THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION The item before the City Commission is an amendment of LDR Section 2.4.3(K)(1) "Development Applications" to reduce the development application fee charged for variances before the Historic Preservation Board from $500.00 to $250.00. BACKGROUND On August 21, 2007, the City Commission adopted Ordinance 25-07, which amended the Land Development Regulations to provide for certain costs to the applicant and to increase the development application, plan check and permit fees. At that time the City Commission directed staff to reduce the newly adopted fee charged for variances before the Historic Preservation Board from $500.00 to $250.00 so as not to discourage an applicant from seeking relief in order to preserve a historic structure. Additionally, the ordinance changes "Note" #9 from "self- addressed" envelopes to "pre-addressed" envelopes. RECOMMENDATION By motion, approve on first reading Ordinance No.44-07, amending LDR Section 2.4.3(K)(1) "Development Applications" reducing the development application fee charged for variances before the Historic Preservation Board from $500.00 to $250.00 and changing Note #9 from "self-addressed envelopes" to "pre-addressed envelopes". Attachments: ^ New Ordinance No. 44-07 ^ Adopted Ordinance No. 25-07 ORDINANCE NO.44-07 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 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(x), "FEES", SUB- SUBSECTION 2.4.3(K)(1), "DEVELOPMENT APPLICATIONS", TO REDUCE THE FEE FOR HISTORIC PRESERVATION BOARD VARIANCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on August 21, 2007 the Commission approved Ordinance No. 25-07, increasing the development, plan check and permit fees; and WHEREAS, during this meeting the Commission directed staff to reduce the fee chazged for variances to the Historic Preservation Board so as not to discourage someone from applying for relief; 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 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: (K) 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 Applications: 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 $ 2,500 (b) Review of a ADA/DRI $ 3,640 Modification of a DRI $ 1,215 (c) Voluntary Annexation with Zoning $ 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 $ 1,500 Modification requiring Board Review $ 610 (g) Master Plans $ 1,215 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 610 (i) Similarity of Use $ 305 Q) Site Plan Review: Class I (Non-Impacting Modification) $ 110 Class II (Non-Impacting with Board Review) $ 225 Class III (Minor Modification) $ 550 (1) Class IV (Major Modification) $ 915 (1) Class V (New Submission) $ 1,215 (1) (k) Extension requests for a previously approved $ 610 conditional use or site plan (only one fee is required if both items are being extended for one project) (I) Plats Minor Subdivision $ 915 (1) Major Subdivision $ 1,825 (1) Plat Recording Fee (3) (m) Abandonments Right-of--way $ 750 General Easements $ 370 Specific Easements $ 185 (n) Master Sign Program $ 150 2 ORD. N0.44-07 (o) Variances Board of Adjustment rtrvTm~ $ 500 Historic Preservation Board $ ~9A 250 (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 $ 60 (t) Hearing before the Board of Construction Appeals $ 60 (per item) $ 60 (u) Temporary Use Request involving City Commission $ 130 Action (v) Water Service Agreement Request - -without concurrent site plan $ 130 - -with concurrent site plan $ 0 (w) Land Development Regulations Text Change $ 1,500 (x) Waivers and Internal Adjustments $ 130 per request (6) $ 250 per request (7) (y) Appeals by Applicant $ 335 (8) (z) Advertising (9) (aa) Zoning Verification Letter $ 120 (bb) Single Family Overlay District Site Plan Review $ 850 (1) (cc) Application Fee for In-Lieu Of and Public Parking Fee $ 225 (10) Requests 3 ORD. NO. 44-07 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 already 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 1 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 ire-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior 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. (10) If approved, this fee will be credited toward the associated site plan modification. (11) Recording fees of any documents shall be paid by the Applicant. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_ ATTEST City Clerk MAYOR 4 ORD. NO. 44-07 First Reading Second Reading ORD. NO. 44-07 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(I~(1}, "DEVELOPMENT APPLICATIONS", 2.4.3(x)(2), "PLAN CHECK FEES", AND 2.4.3(I~{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 Boazd, 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 is 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 TT 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. 'on 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 City Commission, the Planning and Zoning Board, and other Boards which aze involved with the implementation of these Land Development Regulations shall conduct meetings and shall provide public notice of their tentative actions pursuant to this f \ / \ Section. All costs incurred by the City for advertising providing notice and recording of anrv documents shall be paid by the Applicant Section 3. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(I~, "Fees" Sub-subsection 2.4.3(I~(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,Fplications: 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 $ '~ 2,500 (b) Review of a ADA/DRI $ 3..~~ ~ Modification of a DRI $ ~}§~ 21 (c) Voluntary Annexation with Zoning $ .I-g5g 1.105 (4) (d) Rezoning of Land $ ~~ 2000 (e) Modification of a SAD Ordinance to add a use or uses $ '~ 2 00 (f) Conditional Uses, New Application $ ~9bA 1.500 Modification requiring Board Review $ rgg (g) Master Plans $ '~ 1,215 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan (Section 2.4.1(B)] $ rgg ~0 (i) Similarity of Use $ ;z98 05 G) Site Plan Review: Class I (Non-Impacting Modification) $ }95 110 Class II (Non-Impacting with Board Review) $ ~.}.g Class III (Minor Modification) $ y~y ~ (1) Class IV (Major Modification) $ &78 9i~ (1) 2 ORD. N0.25-07 / \ i ` Class V (New Submission) $ ~~ 1 15 (1) (k) Extension requests for a previously approved $ 3S9 ~0 conditional use or site plan (only one fee is required if both items are being extended for one project) (1) Plats Minor Subdivision $ 8'~9 9~ {1) Major Subdivision $ X35 1,825 (1) Plat Recording Fee {3} (m) Abandonments Right-of--way $ §89 7~Q General Easements $ 359 370 Specific Easements $ ~7§ 185 (n) Master Sign Program $ X29 150 {o) Variance through the Board of Adjustment or the $ X19 500 Historic Preservation Board (p) Formal interpretation by the Board of Adjustment $ §5 60 (q} Certificate of Appropriateness by Board Alterations and/or Repairs $ ~5 b0 (2) New Construction and Additions $ §i'§ 5~(1) Demolition and Relocation $ §~ X55 (r) Certificate of Appropriateness by Administrator $ 0 (s) Request for Historic Designation $ §5 6~ (t) Hearing before the Board of Construction Appeals $ §5 ¢Q (per item} $ §~ 60 (u) Temporary Use Request involving City Commission $ ~9 130 Action (v) Water Service Agreement Request - - without concurrent site plan $ ~9 - - with concurrent site plan $ 0 3 ORD. N0.25-07 f \ (w) Land Development Regulations Text Change $ X959 1500 (x) Waivets and Internal Adjustments $ ~-29130 per request (6) $ ~ 250 per request ('7) (y) Appeals by Applicant $ 3~ fi(g) (z) Advertising (9) (aa) Zoning Verification Letter $ }}Q 120 (bb) Single Family Overlay District Site Plan Review $ X38 850 {1) (cc) Application Fee for In-Lieu Of and Public Parking Fee $ ~1$ 22 (10) Requests NOTES: (1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a ma~~*-,um 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. ('1) 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 ~ nrio,~ r to the hearing, the presiding body. shall postpone action on the application until such fees are paid. In the event such pos onement results in additional mailing or publication cosh, 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. I 1 Recording fees of any documents shall be paid by the Applicant e lion 4. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(I~, "Fees", Sub-subsection 2.4.3(x}(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: ~ede: (a) The Plan Check fee shall be paid when g-plans aze submitted to apply for the applicable pemut. The fee shall be equal to one-half (1 /2) of the permit fee [see item (3){l~}j. 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 ~~5 75 for the first sheet plus $1.40 per each additional sheet shall be charged for any Plans not submitted with the original permit application. (c) A Master Plan Submission Fee of j~AB 1 5 0 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. 'on 5. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(x), "Fees", Sub-subsection 2.4.3(x}(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 ~ r 100 and $10 for each additional acre -- tie-te-F~e-sates `' , n ORD. N0.25-0? (b) Tree Removal Permit: $ X638 ?.~ 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 (~ p~rlieat~ Renewal/Extension of Permit (g~ Signs and Signing Application Fee Permit Fee, non-electric Permit Fee, electric $ §-+-depesit 150 ~-5$-+-$~9-~epesi~ $15 X58-A~e~ 150 $ ~-5:88-25 $ ~ ~/ sq.ft./ face $ x&88 20 Plus $ ,~2 / sq.&/ face {h) Permits for new buildings and additions which include all fer the following items_- * Building Pernut * Electrical Permit * Plumbing Permit * Mechanical Permit * Roofing Permit For pemnit activity valued at $1,000 or less: -- Minimum fee of: $ 4~8 -- Plus: $ ~5 3Q per required inspection -- Plus: $ ~~8 ~ per reinspection {1) -- Plus: $ X88 lOQ/each change of contractor 6 ORD. N0.25-07 For permit activity valued at $1,001 or more: -- Minimum fee o~ $ 41-98 ~ and @'~ 20 per each additional $1,000 of value, or fraction thereof -- Plus: $ ~5:8A 50 per reinspection (1) -- Plus: $ §~A8 ~/each change of contractor (i) Permits for miscellaneous items such as driveways, fences, reroofs, pools, utility sheds, patios, sidewalks, landscaping, irk lion: For permit activity valued at $1,000 or less: -- Minimum fee of: $ ~8 ~0 -- Plus: $ 28.3b ,3Q per required inspection -- Plus: $ ~~88 ~ per reinspecdon (1) -- Plus: $ ~8~8 ~QQ/each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $29-28 40 and c,~ 20 for each additional $1,000 of value or fraction thereof -- Plus: $ 2~~ ~ per reinspection (1) -- Plus: $ X8:88 1 0 each change of contractor (J) Permits for sub wade work including, but not limited to: * Site work * Structural Pest Control * Underground Fuel Tanks * General Construction * Subcontracts for General Construction ORD. N0.25-07 For permit activity valued at $1,000 or less: -- Minimum fee ofi$ 498 ~0 -- Plus: $ X35 ~ per required inspection -- Plus: $ ~§~8 ~ per reinspection (1) -- Plus: $58:98 (~,Q/each change of contractor For pemut activity valued at $1,(}01 or more: -- Minimum fee of $ 4~-~8 ~Q -- Plus: $ ~8 40 for each $1,000 of value or fraction thereof -- Plus: $ ~§A8;20 per reinspection -- Plus: $ X88100 each change of contractor (k) Moving of a building or structure: $368 400 (1J Demolition of a building or structure: $~3-58100 (m) Drilling or Driving a Potable well: $Er~SA 70 $~,~88 fie} ~ 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: $ ~ Value greater than $1,000 per normal permit ::~iaercu~s~r~ecicrrrea~ers-~-^v- {p•} ~ Certificate of Occupanry: -- Conditional Certificates: $ ~~8 700 fq} (~ Penalty for failing to call fora final inspection: $ ~8~8 ~ ORD. N0.25-07 ` ,. Penalty where work is begun without a permit: Where work for 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. ~ Construction Trailer: 5250 each ~h~s sub trade permits ~ Sales Trailer. 8750 each.plus sub trade permits. NOTE ~,1• Reasons necessitating additional inspection fees include but are not limited to: * The worts or correction to previously inspected work does not meet code requirements• * An incorrect address is on the application bKaction of the applicant: * The work. or correction to_o~evously 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. Secti That this ordinance shall become effective immediately upon its passage on second and final reading. ORD. N0.25-07 r~ PASSED AND ADOPTED in reguLu session on second and final reading on this 21~ day of ~ S 2007. ATTEST: ~~ ~~~~ City Clerk First Readin Second Readin MAYOR 10 ORD. N0.2S-07