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Agenda Reg 07-02-02
City of Delray Beach Regular Commission Meeting Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City HaH 100 NW 1st Avenue Delray Beach, Florida Phone: (561) 243-7000 Fax: (561) 243-3774 RUL~ FOR PUBLIC PARTICIPATION 1. P~BLIC COMMEI~IT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons ex/st and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 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/f you have not akeady done so. 3. ADDRF~SING 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 PROCEDURE~ 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 thc appeal is based. Thc City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 0T)D), 24 hours prior to the event in order for the City to accommodate yotLt request. Adaptive listening devices are available for meetines in the Commission Chambers. 2. 3. 4. 5. o ROT J. C,.AT.L INVOCATION. PLEDGE OF P. LLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: June 4, 2002 - Reg.,hr MeeOng June 18, 2002 - Regular Meeting PROCLAMATIONS: · None PRESENTATIONS: A. None CONSENT AGENDA: City Manager Recommends Approval. RESOLUTION NO. 55-02: Approve Resolution No. 55-02 abandoning a portion of Royal Palm Boulevard, located on the east side of north Federal Highway, approximately 3,600 feet south of Gulf Stream Boulevard, in conjunction with Old Palm Grove Development. RESOLUTION NO. 56-02/ABANDONMENT OF PUBLIC ACCESS EASEMENT/CORNICHE REPLAT: Approve Resolution No. 56-02 and the abandonment of a 24' public access easement within the Corniche Replat, located on the east side of Federal Highway, approximately 800 feet south of S.E. 10th Street. RESOLUTION NO. 57-02: Approve Resolution No. 57-02 abandoning a portion of the east-west alley right-of-way, located on the north side of Lot 6, Block 6 of Whidden's Subdivision. RESOLUTION NO. 58-02: Approve Resolution No. 58-02 abandoning Tract "A" of the plat of Laver's North, located on the east side of S.W. 10t~ Avenue, approximately 240 feet south of Linton Boulevard. REOUEST FOR SIDEWALK DEFERRAL/TROPIC SUPPLY WAREHOUSE: Approve a request from Tropic Supply Warehouse to defer the installation of a sidewalk in front of 1203 Poinsettia Drive. Staff recommends approval. Ri~.I.EASE OF INTERESTS/UTILITY EASEMENT: Approve the release of City interests in easement deed regarding utility companies. -2- 07-02-2002 ACCEPTANCE OF EASTMENT DEED/TED _IURACSIK TOOL & DYE: Approve and accept an casement deed granting to thc City thc means to construct and maintain a stormwater drainage main for thc completion of the N.W. 18~ Avcnuc/Marty Fladcll Drive Construction Proiect. FINAL SUBDIVISION PLAT APPROVAL/MID-ATLANTIC PLAT: Approve the Mid-Atlantic plat, located on the west side of Military Trail, iust south of thc L-34 Canal. TOWN OF HIGHLAND BEACH AGREEMENT: Approve an agreement between the City of Delray Beach and the Town of Highland Beach for comprehensive fire and emergency medical services. TEOUESTA POLICE DEPARTMENT AGREEMENT: Approve an agreement between the City of Dekay Beach Police Department and the Tequesta Police Department for utilization of the National Crime Information Center and Flo.rida Crime Information Center System through the Dekay Beach Police Department eqmpment. PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT: Approve a financial assistance agreement with the Palm Beach County Board of County Commissioners in the amount of $300,000.00 for beautification improvements to Lake Ida Road. AMENDMENT NO. 1/PIERCE MANUFACTURING. INC./TEN 8 ~ Approve Amendment No. 1 to the agreement between the City of Delray Beach and Pierce Manufacturing, Inc./Ten 8 providing for an earlier trade-in of the 1971 Pierce/Pitman Snorkel. CHANGE ORDER NO. 1/FINAL PAYMENT/FLORIDA BLACKTOP. INC.: Approve Change Order No. 1 in the amount of $44,510.17 and final payment in the amount of $92,717.37 to Florida Blacktop, Inc. for completion of NE/NW Area Infrastructure Improvements Proiect. Funding is available from 370-3162-541-65.44 (2000 Roadway Bond NE/NW Area). CHANGE ORDER NO. 2/FINAL PAYMENT/FLORIDA BLACKTOP. INC.: Approve Change Order No. 2 in the amount of $41,090.14 and final payment in the amount of $314.80 to Florida Blacktop, Inc. for completion of Pineapple Grove Way Proiect. Funding is available from 448-5461-538-65.12 (Storm Water Utility Fund/NE 2"d Avenue). CHANGE ORDER NO. B/FINAL PAYMENT/FLORIDA BLACKTOP. INC.: Approve Change Order No. 3 in the amount of a $46,281.36 decrease, and final payment in the amount of $25,729.52 to Florida Blacktop, Inc. for completion of SE/SW Area Infrastructure Improvements Proiect. Funding is available from 370- 3162-541-65.45 (2000 Roadway Bond SE/SW Area). -3- 07-02-2002 SPECIAL EVENT REOUEST/COLUMBUS DAY: Approve a special event request to allow the 3rd Annual Columbus Day Italian Fiesta sponsored by the Order Sons of Italy in America Lodge #2719, to be held on October 11-12, 2002 from 12:00 p.m. until 10:00 p.m., including a temporary use permit per LDR Section 2.3.6(H) for the use of Veterans park, staff assistance for traffic control/security, and trash removal/clean up with event sponsor paying 50% overtime; contingent on the sponsor providing a hold harmless agreement and certificate of insurance. FINAL CLOSEOUT/4'~ BEACH RENOUR!SHMENT CONTRACT: Approve the final doseout payment to Bean Stuyvesant in the amount of $411,103.64 for the 4e~ Beach Renourishment Project. REVIEW OF APPE/~I.t, IILE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 17, 2002 through June 28, 2002. LEASE AGRI~JZ. MENT/MARINE PATROL: Consider approval of a lease agreement between the City of Dekay Beach and Tropic Bay Homeowners' Association for dockage space for the Police Department's Marine Patrol vessel. T. AWARD OF BIDS AND CONTRACTS: Purchase award to Fischer Scientific Company (sole provider) in the amount of $37,550.59 for the purchase of an integrated Personal Alert Safety System (PASS) for the Scott Aviation Self-Contained Breathing Apparatus (SCBA) used by the Fire Department. Funding is available from 334-6112-519-64.90 (General Construction Fund/Other Machinery/Equipment). Contract award to Tri County Concrete Products in the amount of $73,149.00 for the Tropic Isles drainage inlet replacements. Funding is available from 448- 5461-538-65.67 (Tropic Isles Catch Basin Removal/Replacements). Contract award to Molloy Brothers, Inc. in the amount of $47,850.00 for the Venetian Drive Infrastructure Improvements. Funding is available from 441- 5181-536-65.09 (Sewer/Venetian Drive). REGULAR AGENDA: C. JtROLINA CABANA AGREEMENT: Consider a request for relief from Carolina Cabana regarding changes in their franchise agreement with the City. LOAN REPAYMENT REOUEST/EPOCH: Consider a request from Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) to forgive the $52,000.00 loan balance due to the City. DESIGNATION OF VOTING DRI.~GATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate voting delegate to the Florida League of Cities' 76~h Annual Conference to be held at the Boca Raton Resort and Club on August 15-17, 2002. -4- 07-02-2002 10. RESOLUTION NO. 53-02: Consider approval of Resolution No. 53-02 authorizing the City to purchase property located at 2475 West Atlantic Avenue and Contract for Sale and Purchase between the City and Temple Sinai in the amount of $370,000.00. RESOLUTION NO. 54-02: Consider approval of Resolution No. 54-02 authorizing the City to purchase property fronting the Delray Beach Fire Station on the south side of Germantown Road, southeast of Linton Boulevard and Contract for Sale and Purchase between the City and Norman W. Blood, Jr. III and James D. Blood in the amount of $24,000.00. PURCHASE OF BR~..ETY RIDGE PROPERTY: Consider approval of contract for the purchase of one (1) Breezy Ridge property. RESOLUTION NO. 59-02: Consider approval of Resolution No. 59-02 adopting the Section 125 Flexible Benefits (Cafeteria) Plan. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT AD RY B A_RD' Ratify the appointment to the Parking Management Advisory Board for a two (2) year term ending August 1, 2004. APPOINTMENTS TO THE DI~.I.RAY BI~.ACH HOUSING AUTHORITY: Appoint three (3) regular members to the DeIray Beach Housing Authority for a four (4) year term ending July 14, 2006. Based on the rotation system, the appointments will be made by Commissioner Perlman (Seat $$1), Commissioner Archer (Seat $$2), and Commissioner Levinson (Seat $$3). APPOINTMENTS TO THE HISTORIC PRE~.RVATION BOARD: Appoint four (4) members to the Historic Preservation Board for a term ending August 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat $$4), Mayor Schmidt (Seat $$5), and Commissioner Perlman (Seat $$1). APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE ~ Appoint five (5) regular members to the Site Plan Review and Appearance Board for a two (2) year term ending August 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat $$3), Commissioner McCarthy (Seat $$4), Mayor Schmidt (Seat $$5), Commissioner Perlman (Seat $$1), and Commissioner Archer (Seat $$2). APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY ~ Appoint one member to the Boca Raton Aviation Advisory Committee for a two (2) year term ending June 1, 2004. Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat $$1). PUBLIC HEARINGS: ORDINANCE NO. 22-02: An ordinance amending Tide VII, Chapter 71 of the City Code of Ordinances "Parking Regulations". -5- 07-02-2002 11. 12. B. ORDINANCE NO. 23-02: An ordinance mending Chapter 35, "Employee Polities and Benefits" of the City Code of Ordinances by enacting Section 35.056 "Designation of Persormd as Critical to Security". C. ORDINANCE NO. 24-02 (FIRST READING/FIRST PUBLIC HEARING~: An ordinance amending the Land Development Regulations to add Public Educational Facilities of the School District of Palm Beach County as a principal use in residential and community facilities (CF) zoning districts; Section 4.3.3 adding supplemental regulations for public educational facilities; modifying the definition of residential zoning districts; renaming educational facilities and clarifying that private schools and other similar educational facilities are conditional uses in certain residential zoning districts; and adding private schools and other similar educational facilities as a conditional use in the planned residential development (PRD) zoning district. If passed, a second public heating will be scheduled for July 16, 2002. D. ORDINANCE NO. 26-02 (.FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 3.1.1(13) and Section 2.4.3(A)(9) to add public school concurrency as a required finding and to modify submission requirements. If passed, a second public hearing will be scheduled for July 16, 2002. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOI .!.OWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ORDINANCE NO. 25-02: An ordinance amending the Future Land Use Map Amendment (Small-Scale) from CMR (Commerce) in part and GC (General Commercial) in part to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part and GC (General Commercial) in part to MIC 0Mixed Industrial and Commercial) for a 1.80 acre parcd of land located at the northwest comer of West Atlantic Avenue and Interstate-95 known as Depot Square Historic Site (former train station - 80 Depot Avenue). If passed, a public hearing will be scheduled for July 16, 2002. ORDINANCE NO. 27-02: An ordinance designating the S.E. O'Neal House located at 910 N.E. 2na Avenue to the local register of Historic Places. If passed, a public hearing will be scheduled for July 16, 2002. ORDINANCE NO. 28-02: An ordinance amending Ordinance No. 70-89, regarding 615 North Ocean Boulevard, to increase the maximum floor area from 2,400 square feet to 2,650 square feet for the enclosure of a 250 square foot porch. If passed, a public hearing will be scheduled for July 16, 2002. -6- 07-02-2002 13. 14. 15. D. ORDINANCE NO. 29-02: An ordinance amending Ordinance No. 9-95, which designated the Susan Williams House, to modify the description and address of the property. If passed, a public hearing will be scheduled for July 16, 2002. E. ORDINANCE NO. 30-02: An ordinance mending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by mending Sections 35.0970) and 35.097(L)(2)(B) to comply with the recent Internal Revenue Code requirements and Florida Statutes. If passed, a public hearing will be scheduled for July 16, 2002. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission CLO.ql~.D ATTORNEY/C-IJENT SESSION pursuant to F.S. 286.011(8) re: the case of Gayle Nye vs. the City of Delray Beach. AItendees: Mayor David Sclimidt Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson City Manager David Harden City Attorney Susan Ruby A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. SETTLIC. MENT OF NYE V. CITY OF DRLRAY BF_~CH: Consider settlement of the referenced matter. -7- 07-02-2002 JUNE 4~ 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 4, 2002. 1. Roll call showed: Present- Commissioner Patficia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden Assistant City Manager Robert A. Barcinski City Attorney Susan A. Ruby Assistant City Attorney Brian Shutt City Clerk Barbara Garito The opening prayer was delivered by Mayor Schmidt. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Schmidt noted the substitute resolution for Item 8.N., Resolution No. 49- 02/Resolution No. 50-02. Mrs. Archer inquired about Item 8.H., Contract Addition/Collonna Construction Co.~ Inc., and asked whether or not it is necessary to remove things at the intersection at N.E. 1st Street and N.E. 2nd Avenue. She suggested that the City change the slope of the incline and just pave up to it and not go through the expense of removing it and putting it back. In response, Mr. Hasko, Director of Environmental Services, explained that there are two slopes; one that comes down off the intersection and one that goes back up the street. Mr. Hasko stated it gets very complex because there is a pair of drainage structures that would have to move up as well. Mrs. Archer moved to approve the Agenda as amended to include the substitution of the resolutions for Item 8.N., seconded by Mr. Perlman. Upon roll the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 5_. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of May 21, 2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote (Ms. McCarthy was absent l~om the meeting of May 21, 2002). PROCLAMATIONS: None. At this point, the City Attorney recommended that the agenda be amended to include the presentation by Mr. Alfred "Zack" Straghn because of a slight confusion on the agenda regarding the presentations. Mrs. Archer moved to approve the Agenda as amended to include the commending of the Police and Fire Departments for their contributions to the community by Mr. Straghn, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. PRESENTATIONS: 7.A.1. Commending Police and Fire Departments for their contribution to the community - Alfred "Zack" Straghn Alfred "Zack" Straghn gave a brief presentation commending the Police and Fire Department for their continued support. Mr. Straghn gave special thanks to the Fire Department for being there for him through some of his saddest moments. Mr. Straghn presented ChiefKoen with a "Fireman's Prayer" and read the prayer into the record. 7.A.2. Lawrence Strainge - American Legion Post 188 and Post 65 to Honor the Police and Fire Department Lawrence Strainge stated the presentation this evening is to honor both the Delray Beach Police and Fire Department. He thanked the Commission for allowing the American Legion to make this presentation. Commander with American Legion Post 65 presented a Certificate of Commendation to the Delray Beach Fire Department for outstanding service to the commtmity for carrying out the duties ofa firefighter which reflects credit upon all fire department personnel and for the dedication the professionalism above and beyond the call of duty. Commander Eligah Morris with American Legion Post 188 presented the Police and Fire Department with a plaque. -2- 06/04/02 7.B. "What I Want to Be When I Grow Up" Essay Presentation - Parks and Recreation Department Rodger Ribeiro~ Parks and Recreation Superintendent~ stated the children from the After School Program are in attendance this evening and introduced Tonya Smith, Director of the After School Program. Tonya Smith~ Director of the After School Program; thanked all the parents and thc children for attending this evening and explained that the purpose of this presentation is to recognize all the Essay and Drawing Contest winners for their dedication and hard work. Mayor Schmidt presemted thc following winners with awards: Pompey Park - Essay Jacobi Demps Grade 5 Maureen Amilca Grade 4 Rodney Patrick Grade 4 Carlin Brown Grade 4 Community Center - Essay Anthony Davis Grade 4 Jose Rodriquez Grade 4 Samel Marcus Grade 4 Lensa Jeudy Grade 5 Pine Grove - Essay Vincent Thompson Grade 5 Lashundra Beauchamp Grade 5 Vanilla Riley Grade 4 Elaine Harp Grade 4 Jair Major Grade 4 Pompey Park - Drawin~ Dyshenna Bonnet Grade 1 Kiana Johnson Grade 1 Tatyona Evans Grade 3 Kristin Johnson Grade K Donta Medina Grade 3 Rashaud McKennon Grade 3 Community Center - Drawin~ Juanise Allen Grade 4 Bianca Pierre Grade 1 Sharleen Blanco Grade 2 Caleb Gedeus Grade 1 Kristina Green Grade 1 Joas Louis-Charles Grade 2 Pine Grove - Drawine Andrea Antoine Grade 2 Guervel Cajuste Grade 2 Jasmine Jenkins Grade 1 Trevon Thaddies Grade 1 Spencer Gardner Grade 1 Justin Thaddies Grade 3 CONSENT AGENDA: City Manager Recommends approval. 8oAo FINAL SUBDIVISION PLAT APPROVAL/GOODISON PARK ESTATES: Approve the boundary plat for Goodison Park Estates, located on the east side of State Road A- l-A, approximately 300 feet south of Linton Boulevard. 8.B. RESOLUTION NO. 36-02: Approve Resolution No. 36-02 vacating and abandoning a portion of SE 7th Avenue right-of-way, lying north of SE 5th Street and acceptance -3- 06/04/02 of an additional ten (10) feet of right-of-way. The caption of Resolution No. 36-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF S.E. 7th AVENUE RIGHT-OF- WAY (ROW), LYING NORTH OF S.E. 5th STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A LrrlLITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 36-02 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 46-02: Approve Resolution No. 46-02 assessing costs for action necessary for the emergency board-up of an unsafe structure located at 24 N.W. 7th Avenue. The caption of Resolution No. 46-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 46-02 is on file in the City Clerk's office.) 8.D RESOLUTION NO. 47-02: Approve Resolution No. 47-02 assessing costs for action necessary for the emergency board-up of an unsafe structure located at 115 N.W. 4th Avenue. The caption of Resolution No. 47-02 is as follows: -4- 06/04/02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 47-02 is on file in the City Clerk's office.) 8.E. RESOLUTION NO. 48-02: Approve Resolution No. 48-02 assessing costs for action necessary to abate nuisances on twelve (12) properties throughout the City. The caption of Resolution No. 48-02 is as follows: 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. (The official copy of Resolution No. 48-02 is on file in the City Clerk's office.) 8.F. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund subsidies for one (1) eligible applicant/family in the amount of $25,000.00 for 206 SW 14th Avenue. This brings the number to 143 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). -5- 06/04/02 8.._G_G. HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve Housing Rehabilitation grant\contract awards through Community Development Division in the amounts of $20,842.50 to Craftsman Plus, Inc. (30 SW 9th Avenue), and $17,865.75 to South Florida Construction (224 SW l0th Avenue). Funding is available from 118-1963~554-49.19 (SHIP Housing Rehabilitation Grant). 8.H. CONTRACT ADDITION/COLONNA CONSTRUCTION CO., INC.: Approve a Contract Addition (C.O. #2) to the Community Improvement Sidewalks Project in the amount of $15,009.00 to Colonna Construction Co., Inc. for the construction of Pineapple Grove Way, N.E. 1st Street and N.E. 2nd Avenue Intersection Modifications. Funding is available from 334-6111-519-65.12 (General Construction Fund/N.E. 2"d Avenue - Pineapple Grove). 8.1~ SPECIAL EVENT REQUEST/4th OF JULY: Approve a special event request for the 4th of July Celebration event to be held from 2:00 p.m. until 12:00 midnight, including a temporary use permit for the closure of Atlantic Avenue from the east side of N.E. 7th Avenue and S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard, waiver to allow banners and flags, waiver to allow assembly on the beach and vendors on A1A, and staff support for security and traffic control, street barricading, banner hanging, stage set up/use, and clean up/trash removal. 8.J~ SPECIAL EVENT REQUEST/SUMMER NIGHTS: Approve a special event request for the Summer Nights on the Avenue program to be held on July 12, 2002, including temporary use permit, staff support for security and traffic control, street barricading, banner hanging, stage set up/use, and clean up/trash removal with payment to the City for overtime costs exceeding $5,000.00. 8.K. ACCEPTANCE OF EASEMENT DEED/DELRAY RACQUET CLUB: Approve and accept an easement deed granting to the City the means to construct and maintain an irrigation pump station on a portion of the Delray Racquet Club property. 8.L. GRANTING OF EASEMENT DEED/DELRAY RACQUET CLUB: Approve an casement dccd granting to the Delray Racquet Club thc means to maintain an irrigation pump station on a portion of City owned property. 8.M. AMENDMENT TO AGREEMENT/PINEAPPLE GROVE: Approve Amendment No. 1 to the funding agreement between the City of Delray Beach and Pineapple Grove Mainstreet, Inc. that provides for an extension of receipt of fimds from the County. 8.N. RESOLUTION NO. 49-02/RESOLUTION NO. 50-02: Approve Resolution No. 49-02 authorizing the acquisition of properties by eminent domain and Resolution No. 50-02 authorizing the making of offers in certain eminent domain proceedings in regards to Atlantic High School. The caption of Resolution No. 49-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND 06/04/02 8o0o DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL PROPERTY HEREINAFTER DESCRIBED FOR THE PURPOSES OF THE CONSTRUCTION OF A NEW ATLANTIC HIGH SCHOOL WITH RELATED AMENITIES AND FACILITIES; DECLARING THAT THE ACQUISITION OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN OTHER DISCIPLINES AND THE FILING OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 49-02 is on file in the City Clerk's office.) The caption of Resolution No. 50-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY, OR HER DESIGNEE, TO PROVIDE A STATUTORY NOTICE AND WRITTEN OFFER LETTER TO THE OWNER OF EACH PROPERTY NEEDED FOR THE CONSTRUCTION OF THE NEW ATLANTIC HIGH SCHOOL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 50-02 is on file in the City Clerk's office.) AWARD OF BIDS AND CONTRACTS: Contract award to Murray Logan Construction, Inc. in the amount of $16,500.00 for rehabilitation of rails and breakaway fittings at Lift Stations 6lB and 86D. Funding is available from 441-5144-536-46.20 (Equipment Repair). Contract award to Astaldi Construction Corporation in the amount of $565,378.00 for the Southwest Area Improvements Phase III (N.W. 13th & N.W. 14th Avenue) Project. Funding is available from 442-5178-536- 65.59 for $560,778.00 (Water/Sewer R&R, S.W. Area 3) and 448-5470- 538-65.59 for $4,600.00 (Storm Water Utility, S.W. Area 3). Subcontract award to Hatcher Construction and Development, Inc. in the amount of $27,915.00 for the installation of concrete sidewalks and driveways on the Southridge Road Water Main Improvements. Ftmding is available from 442-5178-536-65.62 (S.W. 4th Avenue to South Swinton Avenue). -7- 06/04/02 Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. WAIVER REQUEST: Consider a request to waive minimum lot dimension requirements for several lots within the proposed Old Palm Grove Development, located at the northeast and southeast comers of North Federal Highway and Royal Palm Boulevard. Quasi- Judicial Hearing The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Attorney asked the Commission to disclose any ex parte contacts. Mayor Schmidt stated he met with the applicant to discuss this. Ms. McCarthy stated she had a telephone conversation with Mr. Hemandez. Mr. Levinson stated he spoke to Mr. Hemandez. Mr. Perlman stated he had a brief telephone conversation with Mr. Hemandez. Mrs. Archer stated she too had a telephone conversation with Mr. Hemandez. The City Attorney stated anyone from the public who wishes to address the Commission regarding the waiver request, to please step forward at this time and be sworn in by the City Clerk. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-201 into the record. In addition, Mr. Dorling stated he received a letter late today from a woman in opposition to the fact that this may increase property values in the area and subsequently increase her taxes. The subject property consists of 4.623 acres and contains a 2,363 square foot restaurant (Antonio's Mama Rosa) that was built in 1968 along Federal Highway. The remainder contains two houses built in 1948 and 1950 and a landscape nursery. At its meeting of February 19, 2002, the City Commission approved a Future Land Use Map (FLUM) Amendment from GC (General Commercial) to MD (Medium Density Residential/5-12 dwelling units per acre) for the restaurant property, and a rezoning from GC (General Commercial) RM (Multiple Family - Medium Density, and RL (Multiple Family - Low Density to PRD (Planned Residential) for the subject property. In addition, Mr. Dorling stated that the City Commission also approved a waiver to the minimum of 5 acres to the PRD. -8- 06/04/02 At its meeting of May 20, 2002, the Planning and Zoning Board approved a Master Development Plan for a 44 lot subdivision which contains 30 single-family zero lot line homes, 3 single family conventional homes and 11 town homes. The Board also recommended approval of waivers of minimum lot area, width, frontage and depth for the single family zero lot line and conventional lots and minimum pavement width for the internal private roadways. Mr. Dorling stated the required findings of Section 2.4.7(B)(5) for the waivers are contained on Page 3 in the City Commission documentation and involve letters A-H. At its meeting of May 20, 2002, the Planning and Zoning Board considered the waiver request and after discussion the Board recommended approval (7 to 0). Tim Hernandez~ New Urban Communities 398 N.E. 6th Avenue, stated this development is approximately a five acre piece (Old Palm Grove) located within the North Federal Highway redevelopment area. Mr. Hemandez stated he met with staff to try to come up with a concept to build single family detached housing and noted that they retained Dover Kohl (urban designer planners located in Miami) as a planner who worked in conjunction with the City to write the North Federal Highway Plan. Mr. Hemandez gave a brief PowerPoint presentation showing what the detached housing would look like and commented that he believes this would be the largest new community of single family homes east of US-1 in over a decade. Mr. Hemandez stated the proposal is consistent with the North Federal Highway Plan which calls for more residential development in the North Federal Highway area. At this point, the City Attorney asked if anyone from the public would like to speak for or against the waiver, to please step forward at this time. John Benneth Vice-President of Progressive Residents of Delray and sDeakino on behalf of the organization~ commented that this is not really a development but is a neighborhood. He urged the Commission to approve this with all thc waivers notwithstanding. Beverly Sutton, resident of the Estuary (adiacent to this planned development)~ stated she wholeheartedly supports having new affordable single-family homes in the area. There being no one else from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. Brief discussion by the Commission followed. Mr. Perlman commented that he feels the elevations are sensational and feels this is what the City is looking to encourage. With regard to the waivers, Mr. Perlman stated this is why the CRA has hired an urban designer while the City is reviewing its codes. Mr. Perlman commended the applicant for a great project. Prior to the vote, Mrs. Archer commented that this is a lovely complex and she feels it is greatly needed for Delray Beach. -9- 06/04/02 Mr. Perlman moved to approve the waiver requests for Old Palm Grove based upon positive findings with respect to LDR Section 2.4.7(B)(5) to include the waivers A-H as listed on Page 3 of the City Commission documentation and further referenced in the Waiver Matrix, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.B. SPECIAL EVENT REQUEST/DADA'S RESTAURANT: Consider a special event request to hold an All Star Independence Jubilee on the grounds at Old School Square on July 7, 2002 from 1:00 p.m. to 10:00 p.m., including a temporary use permit for use of facilities, staff support for security and traffic, and EMS assistance, contingent on the sponsor providing liability insurance. Staffrecommends denial. Robert Barcinski, Assistant City Manager, stated this is a request from DaDa's Restaurant to hold an "All Start Independence Jubilee" on Sunday, July 7 from 1:00 p.m. to 10:00 p.m. on the grounds of Old School Square. The event sponsor is requesting off-duty police assistance for security and traffic control as well as EMS assistance. The event sponsor would fence in the site and charge a $5.00 admission fee. The propose of the event is to fundraise for children's programs at Old School Square. The event sponsor would be responsible for event management, vendor approval, and site cleanup. Based on 2,000 attendees it has been determined that there would be no need for EMS service. However, there would still be a need for police coverage. Mr. Barcinski stated staff recommends denial unless the Police Department could provide the security with off-duty police at the detail rate. Mr. Levinson stated the City and Old School Square will need to work out how to deal with these private events that ask for accommodation from Police and Fire. Mrs. Archer commented about exploring the opportunity of using private security for events similar to this event. Ms. McCarthy asked if Ms. Murphy with Old School Square could share some in- sight. Peggy Murphy~ Director of Center Services with Old School Square~ stated often when people would like to have an event at Old School Square they believe it would be unofficial to ask for City help in lining up services such as Police and EMS if it is required. Ms. Murphy stated most event sponsors are willing to help pay for the services and would be willing to use private security. Ms. Murphy stated for an on-site event traffic control would have to be handled by the Delray Beach Police Department staff. Ms. Murphy reiterated the event sponsors of this event are more than happy to pay for off-duty police or private security. Mrs. Archer stated she would support the event if the City can use private security and get the approval fi'om the Police Chief on the fact that the private security is adequate and sufficient. -10- 06/04/02 Mrs. Archer moved to approve subject to adequate arrangements being made for security to satisfy the Police Department, seconded by Ms. McCarthy. Todd Stone~ General Manager for DaDa Restaurant~ stated he is more than willing to amend this contract to add additional personnel to whatever the City Manager feels is adequate. Mr. Levinson amended the motion to state if there are requirements for EMS services that those services be borne by the event sponsor. After discussion, Mr. Levinson moved to approve the special event request subject to adequate arrangements being made for private security, expenses for traffic control if the Police Chief feels the need; and that EMS services be borne by the event sponsor (if any), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9.D. of the Regular Agenda. 9.D. MOTION TO STAY/ORDINANCE NO. 13-02(A): Consider a Motion to Stay request from the applicant regarding the second reading of Ordinance No. 13-02(A). The City Attorney suggested that this be reviewed every six months or at some appropriate time depending on how the litigation is proceeding. Mr. Levinson moved to approve a Motion to Stay request from the applicant regarding the second reading of Ordinance No. 13-02(A) subject to review in six months, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:02, the Commission moved to the duly advertised Public Hearings portion of the agenda. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 13-02(A): An ordinance amending the historic designation adopted via Ordinance No. 70-89 and Ordinance No. 70-90 for the "Fontaine Fox House" historic site located on the east and west sides of Ocean Boulevard, south of George Bush Boulevard (610 and 615 North Ocean Boulevard). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. (Quasi-Judicial Hearing) The City Manager presented Ordinance No 13-02(A): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY -11- O6/O4/O2 OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE AND PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-02(A) is on file in the City Clerk's office.) Mayor Schmidt explained that the City granted a "request to stay" any further proceeding with regard to the ordinance (Fontaine Fox House). The City Attorney read the caption of the ordinance. A public heating 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 Schmidt declared the public heating open. Alice Finst~ 707 Place Tavant~ asked why the applicant is filing a motion to stay. In response, Mayor Schmidt stated the applicant(s) filed a lawsuit contesting the denial of their proposed ordinance. There being no one else from the public who wished to address the Commission, the public hearing was closed. At this point, Mr. Perlman left the dais. Mr. Levinson moved to table Ordinance No. 13-02(A), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 15-02: An ordinance amending Chapter 51 of the Code of Ordinances, "Garbage and Trash" to provide conformity with the franchise agreement between BFI and the City of Delray Beach and state laws. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. The City Manager presented Ordinance No 15-02: 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 51.01, "DEFINITIONS", TO CLARIFY CERTAIN DEFINITIONS; BY AMENDING SECTION 51.15, "GARBAGE AND TRASH COLLECTION RESERVED EXCLUSIVELY IN CITY OR ITS CONTRACTORS", TO -12- 06/04/02 PROVIDE ROLL-OFF COLLECTION IS ALSO EXCLUSIVE TO THE CITY'S CONTRACTOR; BY AMENDING SECTION 51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND TRASH", SUBSECTION (B), "KEAR- DOOR/SIDE-DOOR SERVICE", TO SPECIFY THE DAY FOR VEGETATION COLLECTION; BY DELETiNG SECTION 51.21, "COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH COLLECTION"; BY AMENDiNG SECTION 51.22, "VEGETATIVE WASTE", TO SPECIFY A COLLECTION DAY AND PROVIDE THAT VEGETATIVE WASTE MAY NOT BE CO-MINGLED; BY AMENDiNG SECTION 51.45, "CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR THE ADDITION OF ROLL-OFF CONTAINERS INTO THE CITY'S FRANCHISE AGREEMENT; BY AMENDiNG SECTION 51.70, "REGULAR CHARGES LEVIED", SUBSECTION (C), "COMMERCIAL", TO CLARIFY THE SERVICES AND RATES CHARGED; BY AMENDING SECTION 51.71, "PAYMENT AND BILLING", TO CLARIFY THE BILLING FOR MULTI-FAMILY; BY AMENDING SECTION 51.72, "METHOD OF BILLING FOR CHARGES", TO CLARIFY THE BILLiNG FOR MULTI-FAMILY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating 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. Mr. Peflman returned to the dais. Mayor Schmidt declared the public hearing open. John Benne~ 137 Seabreeze Avenue~ commented that currently professional landscaping companies are supposed to carry their own waste away and stated sometimes this is done and sometimes not done. Mr. Bennett asked what the rationale is for the new ordinance change to provide that landscape companies do not have to remove their own trash. Brian Shutt, Assistant City Attorney, stated the reason the ordinance was changed is because of the lawsuit the City had with Waste Management in 1996. Mr. Shutt explained the disposal charge is essentially already factored into the solid waste rates, etc. Therefore, if the landscaping company cuts any trees for a homeowner, the homeowner should not be double billed just because a landscaping company is doing the work versus a homeowner. -13- 06/04/02 At this point, Mrs. Archer left the dais. Mr. Levinson moved to adopt Ordinance No. 15-02 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 1%02: An ordinance mending Chapter 35, "Employee Policies and Benefits", of the Code of Ordinances to provide for dividing retirement plan costs between the City and participants in the International Conference of Firemen and Oilers Bargaining Unit as provided in their Collective Bargaining Agreement with the City. Pr/or to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No 17-02: 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 BY AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION 35.095(A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", TO PROVIDE FOR CHANGES TO CERTAIN PARTICIEANT CONTRIBUTIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-02 is on file in the City Clerk's office.) At this point, Mrs. Archer returned to the dais. 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. Mayor Schmidt declared the public hearing opened. There being no one fi.om the public who wished to address the Commission regarding Ordinance No. 17-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 17-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. -14- 06/04/02 10.D. ORDINANCE NO. 18-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.12 Planned Commercial (PC) District to add Private Schools as a Conditional Use and Section 4.3.3 "Special Requirements for Specific Uses" to provide certain regulations for private schools. If passed, a second public hearing will be scheduled for June 18, 2002. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. The City Manager presented Ordinance No 18-02: 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 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ADDING A NEW SUBSECTION 4.3.3(HHH), "PRIVATE SCHOOLS AND OTHER SIMILAR EDUCATIONAL FACILITIES", AND BY AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES PERMITTED", TO ALLOW PRIVATE SCHOOLS AND OTHER SIMILAR EDUCATIONAL FACILITIES WITHIN THE PC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A first reading/first 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 Dekay Beach. Paul Doffing, Director of Planning and Zoning, stated Nobel Learning Communities, Inc. is seeking to operate a private school in the Lake Ida Plaza (southwest comer of Congress Avenue and Lake Ida Road). The property is located in the PC (Planned Commercial) zoning district and currently private schools are not specifically listed as an allowed use. Therefore, Mr. Dorling stated the applicant is requesting a text amendment to add the private schools as a conditional use and the text amendment also includes special regulations which would apply to private schools when they are located in commercial districts. At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing and the applicant agreed to all staff recommendations with respect to special regulations with the exception of the outdoor play area. The applicant recommended 20% of the leased area be set aside for play area (1,240 square feet). Mr. Doffing noted that this shopping center has a child care center in it and there is an outdoor component around the rear of the shopping center. After a lengthy discussion, the Planning and Zoning Board recommended approval on a (4-2) -15- 06/04/02 vote with the regulations as proposed by staff. Michael Weiner~ Attorney representing the applicanh stated Nobel Learning Communities, Inc. seeks to operate the "Paladin Academy" (a private school) of less than 100 students in Delray Beach. Mr. Weiner stated the Paladin Academy is one of a number of top rank well capitalized organizations which own and operate schools catering to a cross section of students whose needs may not be met by the larger private schools or public schools. Mr. Weiner stated since private schools are not an allowable use and to remedy the situation Nobel Learning Communities, Inc. made application to request a zoning change in the PC (Planned Commercial) zoning district. Mr. Weiner stated the only situation which remains unresolved relates to the open space. The plans have been reviewed and there are excess parking spaces in this location. Mr. Weiner stated with respect to this location there is over 4,800 square feet and he urged the Commission to consider this successfully. Mayor Schmidt declared the public hearing open. Jay Slavin~ resident of Rainberry Bay~ expressed her support for the school and explained the school will give students more of a one-on-one education. Mrs. Slavin stated she would be delighted to see the school go into the Lake Ida Plaza and urged the Commission to support it. There being no one else who wished to address the Commission regarding Ordinance No. 18-02, the public hearing was closed. Mrs. Archer stated she feels this is an excellent use for some of the shopping areas that are currently vacant. However, Mrs. Archer expressed concern over the number of square foot per student requirement. Mrs. Archer asked if the Commission were to approve the ordinance with the requirement of 75 square feet per student, could they on a case-by-case basis approve schools for lesser amounts for a conditional use. Mr. Dorling stated this would require a variance and the applicant would have to show a hardship. The City Attorney suggested that the Commission give specific authority for a Prior to the vote, Mr. Perlman asked if there is another way legislatively that the applicant could do that without making the applicant go through an additional hoop. Brief discussion continued between the City Attorney and the City Commission. Mr. Dorling stated the applicant would also have to go through the conditional use process to establish the school concurrently with the waiver request. Therefore, Mr. Dorling stated this would not necessarily be an extra process. Ms. McCarthy commented that she concurs with the 75 square feet per student -16- O6/04/O2 and would not want anything less than that to be the norm. Mr. Levinson stated he feels this is reasonable and stated that the waiver does not necessarily have to be a hardship if the type of school were such that recreational facilities were less important. Mr. Levinson stated to him that would be an adequate reason to grant a waiver. Mr. Levinson concurs with Ms. McCarthy's suggestion to leave the 75 square feet per student and make it appropriate for a waiver and that be done at the same time as the conditional use request. Mrs. Archer moved to adopt Ordinance No. 18-02 on Second and FINAL Reading with the requirement of 75 square feet per student and allow a waiver by the City Commission under the general waiver conditions, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 19-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations to allow Public Schools in all residential zoning districts as a Principal (permitted) use. If passed, a second public hearing will be scheduled for June 18, 2002. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No 19-02: 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 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", AND SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", TO ALLOW PUBLIC EDUCATIONAL FACILITIES OF PALM BEACH COUNTY SCHOOL BOARD, EXCLUDING CHARTER SCHOOLS IN ALL RESIDENTIAL ZONING DISTRICTS AS A PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-02 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. Paul Dorling, Director of Planning and Zoning, stated in 1988, the Florida -17- 06/04/02 Legislature amended Section 163.3177(6)(a), Florida Statutes, to require local governments to include the school site location criteria in their comprehensive plans. Included with the City's Comprehensive Plan Amendment 99-1 was a policy which identified that all land use categories except Conservation, as areas where public facilities are consistent. In 2001 Palm Beach County School District, Palm Beach County and 26 participating local governments within the School District chose to implement public school concurrency. At its meeting of December 11, 2001, the City Commission adopted Comprehensive Plan Amendment 01-3, which involved creation of a new Public Schools Facilities Element. One of the policies within the Element related to permitting public schools in all residential use categories. Mr. Doffing stated on page two of the Planning and Zoning Staff Report it identifies policies which relate to consistency to schools within residential districts. Mr. Doffing stated one goal in particular is listed under the Public School Facilities Element Policy B-lA (third bullet item) which states "Allowing schools as a permitted use within all urban residential land use categories." In addition, Mr. Doffing stated Future Land Use Element B.3.5 states "Public educational facilities of the School District of Palm Beach County shall be consistent with all land use categories except Conservation." Mr. Doffing continued to state pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing regarding this item and several members of the public spoke in opposition to the request. After discussion, the Board voted 5-1 (Warner dissenting, Randolph absent) to recommend the Commission approve the amendment to the LDR's to allow public educational facilities of Palm Beach County School Districts to be consistent with all residential zoning districts. Ms. McCarthy asked if there are varied descriptions of charter schools and commented that there are some charter schools that are public schools. The City Attorney stated Florida State Statute defines charter schools as a public school and there are certain limits in the Statute unless waived by the School Board. Mrs. Archer concurs with Ms. McCarthy and feels that by excluding charter schools defeats the purpose if charter schools are indeed public schools. Mr. Levinson expressed concern that it is inconsistent with the contract that the Commission signed for concurrency which calls for it to include public schools. from the ordinance. Mayor Schmidt stated he received copies of letters which are attempts to appeal the decision made by the Planning and Zoning Board. Mayor Schmidt stated the Planning and Zoning Board's decision is advisory and is not final. Mayor Schmidt stated under the appeal section of the LDR's, only final decisions by the Planning and Zoning Board can be appealed. Mayor Schmidt declared the public hearing open. Jane Finkle~ 317 Coral Trace Courh stated she has an appeal letter that was hand delivered to the City Clerk on June 3, 2002 concerning this matter. Mayor Schmidt -18- 06/04/02 reiterated that Ms. Finkle does not have an appeal right because the Planning and Zoning decision was not a final decision. Ms. Finkle stated she was informed that she could read the appeal letter into the record. Mayor Schmidt permitted Ms. Finkle to read the letter into the record (a copy is attached hereto and made an official part of the minutes). Cari Podesta, Attorney speaking on behalf of the Coral Trace Homeowners' Associatlon, stated there are people in attendance this evening that will question whether the advertisement for this ordinance is proper according to the Florida State Statutes. Mrs. Podesta stated it appears that the Boca Raton News is not a newspaper of general interest and readership in the municipality as required by Section 166.041(3)(C)(2)(b) of the Florida Statutes. Mrs. Podesta stated the title of the ordinance is also not consistent with the body of the ordinance. Kenneth Carruthers~ architecffland planner and resident of Deira¥ Beaeh~ stated as an architect/planner he has had the opportunity to study the proposed ordinance change as it relates to the City of Delray Beach Comprehensive Plan. Mr. Carruthers stated while doing this he discovered inconsistencies between the Comprehensive Plan and the proposed amendment to the zoning code. IVlr. Carruthers stated after this review he concluded that according to the Comprehensive Plan establishment of regional or public education facilities can only be done as a conditional use not as a permitted use. Mr. Carruthers quoted some policies and objectives from the Comprehensive Plan and reiterated that the proposed zoning conflicts with the Comprehensive Plan. Mr. Carmthers stated either change is required in the proposed ordinance revision or to be more compelling in the Comprehensive Plan itself. Therefore, Mr. Carmthers concluded that the inclusion of public education facilities in any zone requires that a conditional use status should apply. Gerald Franciosa~ 939 Eve Streeh entered into the record his letter dated June 4, 2002 (a copy is attached hereto and made an official part of the minutes) and stated he attended the Planning and Zoning Board Meeting of May 20, 2002 in addition to receiving a copy of the tape from this meeting. Mr. Franciosa stated after listening to the tape he is convinced that City staff was confused in what they presented to the Planning and Zoning Board members. IVlr. Francisosa feels the Board was incorrectly led to believe that they had virtually no disgression to change any of the language to the text amendment. Mr. Franciosa stated this is an important issue and suggested that this item be returned to the Planning and Zoning Board and direction be given to staff to give proper instructions to the members of the Board. Anthony Vocaturo~ resident of Delray Beach~ stated he does not read the Boca Raton News and asked why the City is advertising in this particular paper. Mr. Vocaturo commented that the Sun-Sentinel News has a larger section dedicated specifically to Delray Beach and feels more people would be in attendance to voice their opinions and/or objections if these changes were advertised in a paper of larger circulation. Alice Finsh 707 Place Tavant~ asked why the Commission has gone away from its usual proceeding of not having a public hearing at thc first reading of the ordinance. In response, the City Attorney explained when there is an ordinance that changes thc land use the City holds two public hearings (one on first reading and one on second reading). Furthermore, thc City Attorney stated if thc ordinance does not have any impact on changes to the use of the -19- 06/04/02 land then there is not a public hearing on first reading. The City Attorney stated the City must hold two public hearings for this particular ordinance pursuant to State Statutes. Mrs. Finst, representing the Board of Directors of the Homeowners' League of Chatelaine, stated the Board is very concerned about the proposal and they feel it will open up a "Pandora's Box". Mrs. Finst expressed concem over comments about the school at the Lake Ida Plaza. Mrs. Finst made reference to comments about special parking accommodations such as for buses and specifics for outdoor play areas. Mrs. Finst stated if the Commission approves this school it will increase the traffic/siguage and change the character of the neighborhood. Mrs. Finst urged the Commission to consider what this will do to the character of the neighborhoods and expressed concern over what this will do to the residential character of neighborhood and urged the Commission to keep the neighborhoods residential if they so desire. There being no one else who wished to address the Commission regarding Ordinance No. 19-02, the public hearing was closed. Mr. Levinson suggested that this ordinance be re-advertised with the deletion of the charter school language to specifically focus only on public schools. Mr. Levinson moved approval to postpone Ordinance No. 19-02 for first reading/first public hearing for June 18, 2002, look into the rural residential aspect and modify as necessary; and direct staff to review additional concerns raised by the public to see if there is any validity to those arguments, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item ll.A., City Manager's response to prior public comments and inquiries. ll.A. City Manager's response to prior public comments and inquiries. In response to a prior concern expressed by Mrs. Wright, the City Manager stated that Mrs. Wright indicated that the Police Chief was supposed to contact Mrs. Coleman. However, the City Manager stated that Chief Schroeder has no knowledge of any such commitment on his part. The City Manager stated officers of the Police Department have met with Mrs. Coleman and put her in contact with Sergeant Ken Jones of the Palm Beach County Sheriff's Office Multi-Agency Narcotics Unit. The City Manager stated Sergeant Jones then put Mrs. Coleman in contact with Lieutenant Mark Murray with the Palm Beach County Sheriff's Office man unit regarding her complaint. Mrs. Coleman was also provided with the number for Lieutenant Murray of Internal Affairs for the Palm Beach County Sheriff's Office should she wish to file a formal complaint with the Sheriff's office. If additional follow-up is necessary, Chief Schroeder recommends that it be based on Mrs. Coleman's request and not Mrs. Wright. -20- 06/04/02 As a follow-up to the City Manager's comments, Mayor Schmidt stated he has written to Sheriff Bieluch to advise him of her complaint and request copies of whatever records they have. With regard to a prior concern expressed by Mrs. Finst about the Neighborhood Summit topics and some issues she was concerned about that she brought to the floor at each session she attended, the City Manager stated staff is in the process of revisiting the ordinances that pertain to parking on front lawns and the requirement to have improved parking on private property. The City Manager stated staff's preference would be to workshop the proposed ordinance for the Commission prior to them being considered to first reading and public hearing. At the Chatelaine Strategic Task Team Meeting last month, the City Manager stated Assistant City Attorney Brian Shutt discussed the issue of overcrowded housing and his examination of options that might be available to the City to address some of these conditions. The City Manager stated there was also talk about Chatelaine's desire to limit the number of vehicles a family may own or park at their residence. The City Attorney was very direct about the City's limited ability to control some of these situations under the civil rights that all of us have as citizens. At this point, the Commission moved to Item ll.B., Comments and Inquiries on Non-Agenda Items from the Public. ll.B. From the Public. ll.B.1. Jim Smith~ 1225 South Ocean Boulevard~ thanked the City Commission for agreeing to consider establishing a Bike Pedestrian Advisory Board. In addition, Mr. Smith thanked the City Manager for taking the first step toward nominating a Board representative to the Palm Beach Cotmty Bike Pedestrian Advisory Board. As a result of these actions, Mr. Smith stated two of the 33 Bicycle Friendly Steps have been addressed. Mr. Smith entered into the record 44 Pedestrian Friendly Steps to make Delray Beach more pedestrian friendly and urged the Commission to review each step and if in agreement come up with an implementation plan. ll.B.2. Anthony Vocaturo~ resident of Delra¥ Beach~ stated he came before the Commission approximately three months ago and expressed concern over the condition of the way the Tare property was left. Mr. Vocaturo stated the contractor just vacated the property and left 50 foot mounds of dirt on the site. Mr. Vocaturo stated he received a letter from the City Manager informing him that he would have the environmental specialists take a look at it. Mr. Vocaturo stated he looked at the World Almanac and noted that the amount of rainfall we have received from the time he received the letter was less than two-tenths of an inch of rain. Mr. Vocaturo commented about the severe drought in South Florida and stated he has two new cars that he washes nearly every other day due to the amount of dust which blows from this site and feels he cannot help to conserve water this way. In addition, Mr. Vocaturo commented about the poor condition of the sidewalks in the area. He urged the City to do something to make this area safe and confine the amount of dust that is coming from this property. -21- 06/04/02 ll.B.3. Charlotte Wright~ 815 N.W. 2ad Street~ stated two weeks ago she and Mrs. Coleman expressed concem over the police brutality case and inquired as to why she has not received anything in writing about this. Mayor Schmidt stated he feels it would be beneficial if Mrs. Coleman was in attendance this evening so that the Commission can find out whether or not she has talked to the people at the Sheriff's office. The City Manager reiterated his prior comments regarding the response he received from Chief Schroeder and informed Mrs. Wright that he would send her Chief Schroeder's response in writing. ll.B.4. Sylvia Cohen~ 544 N.W. 47th Avenue~ expressed concern over the construction along Lake Ida Road. Mrs. Cohen stated she has made a few suggestions to Rick Sherm the County Project Manager regarding limited pedestrian accessibility, etc. Mrs. Cohen stated she is concerned about how this project is going to be completed and suggested that the Commission ask the County to send them some renderings on what the project will look like when it is finished especially with regard to the landscaping. ll.B.5. John Bennett~ 137 Seabreeze Avenue~ expressed concern over the parking lot located at the comer of Atlantic Avenue and Andrews Avenue which was to be a public parking lot by agreement with the Marriott when the expansion took place. Mr. Bennett stated he understands that the City Attorney's office has reviewed the agreement and concluded that the City require the Marriott to allow the lot to be posted as public thereby informing anyone they can park there. However, Mr. Bennett stated that at the entrance of the Marriott there is a sign posted which reads "You Will Be Towed If You Park Here". Therefore, if the parking lot is supposed to be for public parking then how is the Marriott allowed to post the sign? ll.B.6. Jennifer Wood~ 917 Bucida Road~ expressed concern over the Snappy Turtle store east of the bridge on Atlantic Avenue. Mrs. Wood stated they have two stores with one being a sales boutique. Mrs. Wood stated since they have moved into the store they have not followed the sign code because there is no sign posted in form with the other stores located on either side. Secondly, Mrs. Wood stated she walks the beach on a daily and or evening basis and noted that the Seagate Beach Club is not abiding by protocol moving their chairs back from the view for their members. Mrs. Wood stated she has spoken to several people regarding the sea turtles and has been informed that it is very dangerous for the chairs to be on the beach so close to the water because when the turtles come up on the beach they get entangled in the chairs. Mrs. Wood suggested that the chairs be moved at least 200 feet back from the water and urged the Commission to look into this matter. At this point, the time being 8:15 p.m., the Commission moved to Item 9.C. of the Regular Agenda. -22- 06/04/02 9.C. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider acceptance of the actions and decisions made by the Land Development Boards for the period May 20, 2002 through May 31, 2002. Mr. Perlman moved approval to receive and file the report, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9.E. of the Regular Agenda. 9.E. PROPOSAL FOR SETTLEMENT/THOMAS v. CITY: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in the Thomas v. City of Delray Beach case. Staff recommends acceptance. At this point, Mr. Perlman left the dais. Mrs. Archer moved to approve the proposal for settlement subject to receipt of appropriate releases in the Thomas v. City of Delray Beach case, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.F. PROPOSAL FOR SETTLEMENT/WALKER v. CITY: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in the Walker v. City of Delray Beach case. Staff recommends acceptance. Mr. Levinson moved to approve the proposal for settlement subject to the appropriate releases in the Walker v. the City of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 12, First Readings. FIRST READINGS: 12.A. ORDINANCE NO. 20-02: An ordinance amending Future Land Use Map from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) for a parcel of land located on the east side of Venetian Drive, approximately 278 feet south of East Atlantic Avenue. If passed, a quasi-judicial public hearing will be scheduled for June 18, 2002. The City Manager presented Ordinance No 20-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE -23- 06/04/02 COMPREHENSIVE PLAN FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO CC (COMMERCIAL CORE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MED1UM DENSITY) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF VENETIAN DRIVE, APPROXIMATELY 280 FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-02 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. At this point, Mr. Perlman returned to the dais. Paul Dorling, Director of Planning and Zoning, stated the property consists of the north 25' of Lot 1, Block C of the John B. Reid's Village and contains 0.09 acres. The property contains a parking area that was installed when the Atlantic Center Shoppes shopping center was constructed in 1957. At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request and after discussing the proposal, the Board voted 6-0 (Randolph absent) to recommend that the request be approved based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Staff recommends approval on first reading of the ordinance for the proposed small scale FLUM Amendment from MD (Multiple Family Residential 5-12 dwelling units per acre) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Mr. Perlman moved to approve Ordinance No. 20-02 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - -24- 06/04/02 Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 21-02: An ordinance rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) for a parcel of land located on the west side of Gleason Street, approximately 193 feet south of East Atlantic Avenue. If passed, a quasi-judicial public heating will be scheduled for June 18, 2002. The City Manager presented Ordinance No 21-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MED1UM DENSITY) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF GLEASON STREET, APPROXIMATELY 180 FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the subject property consists of Lot 7, Block "C", John B. Reid's Village Subdivision, and contains 0.33 acres. The property is located on the west side of Gleason Street, 193' south of East Atlantic Avenue (34 Gleason Street), within the Downtown Delray Beach Master Plan area. The property contains a two-story apartment structure that was built in 1952 and contains 8 units. At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request and after discussing the proposal, the Board voted 4-2 (Krall & Warner dissenting, Randolph absent) to recommend that the request be approved based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D) of the LDR's, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Staff recommends approval of this ordinance on first reading for a zoning designation change from RM to CBD for Island House Apartments based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(12))(5). Mr. Perlman moved to approve Ordinance No. 21-02 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy- -25- 06/04/02 Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. With regard to Mr. Perlman's inquiry regarding the status of Pathways located on Barwick Road, the City Manager stated the City is currently trying to contact the property owner to see what the plans are for the facility and anticipate getting additional information later this week. In addition, with regard to the sober house ordinance, the City Manager explained that the City Attorney is currently reviewing Boca's ordinance regarding the related concerns of the Woods of Southridge subdivision. The City Manager stated Boynton Beach City Council will be taking action on the proposal to establish a 325 bed substance abuse treatment facility in Quantum Park Treatment Facility or the Watershed Company. This company currently owns Palm Gardens Apartment Complex at the northeast comer of Linton Boulevard and S.W. 8th Ave~nue in Delray Beach. According to news reports, the City Manager stated the new facility in Boynton Beach is to replace Watershed's facilities in Dekay and Boca. 13.B. CiW. Attorney. The City Attomey had no comments or inquiries on non-agenda items. 13.C. City Commission. 13.C.1. Commissioner Archer Mrs. Archer commented that the Airport Authority turned down a request for a combined office building, restaurant and a 250 unit townhouse complex north of the Boca Airport. Mrs. Archer stated she was pleased to see that this was turned down because she feels it is far too close to the approach that is usually used for the Boca Airport. However, Mrs. Archer expressed concern over the new hangar facilities and commented it is anticipated to take a lot of the aimraft which are currently stored at Fort Lauderdale Executive Airport. Mrs. Archer inquired as to whether or not Boca Airport has any review process for monitoring the decibel level of the planes and commented that we do not know what type of planes are now in the facility that may head north. Mrs. Archer stated she would like the City of Delray Beach to send correspondence to the Boca Airport Authority and the Boca City Council to inform them that the City of Delray Beach would not look favorably on any planes coming in that exceed their decibel level. Secondly, Mrs. Archer stated it is her understanding that FPL is going to be donating a piece of land to be used for a basketball court around the Osceola Park neighborhood. Mrs. Archer stated she feels this is admirable of FPL and congratulated them for being so helpful in the neighborhoods. -26- 06/04/02 Mrs. Archer commended Terrill Pybum, Assistant City Attorney for her memo regarding the off-site treatment facilities based on the State law that has gone into effect. Mrs. Archer suggested that the City of Delray Beach make appropriate changes in the ordinance to accommodate those areas where Boca has made the changes regarding off-site residences and where they can be located. 13.C.2. Commissioner Perlman Mr. Perlman stated he had the opportunity to greet approximately 17 children who were here from Dublin, Ireland to play soccer. Mr. Perlman stated at the time he met with them the children won 2 out of 3 games and complimented staff for putting together a gift packet for the children. Furthermore, Mr. Perlman stated that the chaperon for the children suggested that the City of Delray Beach form a Sister City with Ireland. Secondly, Mr. Perlman stated he is pleased to report that the sub-committee for the Implementation Committee for the downtown plan is underway and commented that everyone is working hard to ensure that the Master Plan is implemented. Mr. Perlman stated he received a memo from Mr. Dubin regarding the Delray Swim and Racquet Club closing on Sundays. Mr. Perlman stated he has received calls from some individuals who are interested in sub-leasing that facility. Mr. Perlman commented that one of the things that drove his support of the City purchasing this facility was to make use of the pool and perhaps have a separate pool membership because not everyone has a pool in their backyard and not every community has a community pool. Mr. Perlman suggested that the City offer families a reasonable cost for use of the pool and perhaps discuss this option further with Mr. Dubin. With regard to the Memorial Day celebration held at the municipal cemetery, Mr. Perlman stated the American Legion Post presented the Commission with a flag and commented that this was done in response to the City's resolution supporting them. 13.C.3. Mayor Schmidt Mayor Schmidt stated he concurs with Commissioner Archer's comments on the quality ofTen-ill Pybum's memo and also feels the Commission should follow-up on this issue. Mayor Schmidt stated he met with Palm Beach County Commissioner McCarty and Mr. Freudenberg, Boca Raton Council Member, and they looked at the idea of taking the compromised language from the legislation that did not pass and trying to do that by way of an Interlocal Agreement between the three cities, the County, and the Airport Authority. Mayor Schmidt stated the Boca Airport Authority attorney's opinion is that the City of Delray was attempting to have them delegate too much authority. Mayor Schmidt stated he has drafted some by-laws to create a committee that would be composed of the four cities and one representative from the County as an Advisory Board. Mayor Schmidt informed Mr. Freudenberg that he did not feel by just doing that was going to be sufficient. Mayor Schmidt commented that if the City of Delray was going to do this as the first step he feels that there should be an Interlocal -27- 06/04/02 Agreement. Mayor Schmidt stated that Mayor Abrams concurred with him. Mayor Schmidt stated he believes that the Airport Authority was supposed to vote on this issue last night. Mayor Schmidt stated he also met with Palm Beach County Commissioner Burt Aaronson and Mayor Reid from Highland Beach and commented that Commissioner Aaronson is still interested in having the County take over the airport. 13.C.4. Commissioner McCarthy Ms. McCarthy stated she attended the First Annual Caribbean-American Music Festival on June 1, 2002, held at Old School Square organized by the Haitian Cultural Society of Palm Beach, the Haitian Center for Family Services and the Haitian American Community Council. In addition, Ms. McCarthy stated an awards dinner was held the evening before where two police officers were recognized and given awards for their project which involves working with young people in vocational schools. Ms. McCarthy commented that there was a special guest appearance by Actor Gabriel Casseus (one of the first Haitian movie stars) who flew in from Los Angeles to attend the festival. Ms. McCarthy stated that Old School Square was delighted to hold the festival. 13.C.5. Commissioner Levinson Mr. Levinson stated he has received calls from people inquiring about the Delray Swim and Racquet Club (formerly known as Laver's) with regard to the issue of the pool and when this issue is gong to be dealt with. The City Manager informed Mr. Levinson that he would have to discuss this issue with Joe Weldon, Director of Parks and Recreation. Secondly, Mr. Levinson stated Arthur Applebaum (whose son Mike lives in Delray Beach) passed away and commented that he had the best record store located in Tamarac. Mr. Levinson stated he has talked to Mike several times about trying to see if there is a way to move the store to Delray Beach. With regard to the Haitian Day invite, Mr. Levinson stated some of the Commission members did not receive their invitations until late Thursday evening. Mr. Levinson stated he was disappointed and commented that it was unfortunate they did not receive the invitation in a timely manner. Mr. Levinson stated when the City is a sponsor or a co- sponsor of an event he feels the Commission needs to know fight up front whether or not they wish the Commission to attend. Mr. Levinson suggested that when the City is a sponsor or co- sponsor of an event that there be a form if they wish to invite the Commission. Mr. Levinson stated he also attended the Caribbean-American Music Festival held on Saturday, June 1, 2002 and commented that it was a great event. Mr. Levinson stated he came in contact with Mr. Dave Freudenberg (Boca Raton Council Member) the other day and they had a brief discussion about the article which appeared in the Boca News about Boca's rezoning. Mr. Levinson stated he suggested to Mr. Freudenberg -28- 06/04/02 for the City of Delray Beach and the City of Boca Raton to get together because he feels both cities have a shared need to minimize these type of impacts. Mr. Levinson stated he had a discussion with the City Attorney and was distressed to see that the Judge delayed the City's efforts to take over the land that the Delray Beach Housing Authority had asked about. Mr. Levinson suggested that the City hold a joint meeting between these types of organizations to talk about what their plans are so that the City can more appropriately make sure they feel comfortable with them. Mr. Levinson stated he feels Queen Elizabeth II should be congratulated for celebrating her 50th year in rein and commented that a fabulous concert was televised with Ozzy Osboume. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:45 p.m. ATTEST: City Clerk 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 Jtme 4, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions to the Minutes as set forth above. -29- 06/04/02 0s/~,..~/o2 TUE 0'7:38 FAX 561 243 3774 CIT~ CIE]U/ .~0.0L June 3, 2002 VIA HAND DELIVERY Ciw Clerk, City of Delray Beach i00 ~ 1'* Avenue Delra~ Beach, Florida 33444 RECEIVED C:ITY cLGrdc, I Dear Clerk: Please consider this letter as an appenl by the undersigned in accordmtce with Section 2.4.7(E) of the City of Dekay Beach's Land Development Kagulations ("LD]~.S") of the action taken by the planning and Zoning Board on May 20, 2002 approving ora text amendment to the Land Development Regulations to permit public educational facilities in residential districts. The basis fol:'the appeal is as follows: (a) the notice of the meeting at which the Planning and Zoning Board mci to consider this text amevdment, as advertised in'the local newspaper, is detective in that it states that the text amendment is to apply to all residential zoning districts when in fact the proposed text amendments do not apply to all residential zoz,ing districts in the City, (b) the Planning and Zomng Board amended the proposed language for the text amendment at its hearing on May 20, 2002 fl'om that recommended by staffto exchide cl:,arter schools, as a means of example only. Accordingly, the Planning and Zoning Board should ~e required to approve of this revision to the proposed text amendment before the City Commission takes its own action to approve the text amendment as is required under Section 2.4,5(M)(5). This is particularly true as the approval by the Planning and Zoning Board was not unanimous. Accordingly, the recommended language for this text amendment should not be presented to the City Commission until the Planning and ZomnS Board has had an opportunity to review, vote and approve of the change to the lan~age which it made to during its meeting of May 20, 2002. To the best knowledge oft. ha undersigned, the pl=nning and Zoning Board hl~s not met again since May 20, 2002 to approve of this revision and, therefore, the presentation of the language to the City Commission is premature under Section 2.4.$(M)($) of the LDtLS; and (c) the proposed amendment to the LDRS is not consistent with the Goals, Objectives and Policies of the City of De[ray Beach's Comprehensive Plan, as ,'unended, and should not have been approved by the Planning and Zoning Board, The undersigned requests that the City Commission defer any action em the approval to :he proposed text amendment of the LDRS allowing public educational facililies in residential zoning districts until such time as the Planning and Zoning Board is able to reconsider at a properly noticed meeting to consider the amendment and to certify its approv al of the len&uage which it revised during its meeting of May 20, 2002 if the Plannin& and Zonk~g Board elects to do so a.Rer a properly notice meeting. 06/04/02 TUE 07:37 [TX/ILl NO 9937] 06/o4~02 ~ 07:39 FAX 591 243 3774 CITY CI~RK Appeal to City Clerk City o£Delray Beach Page 2 The undersigned is an owner of real property in the City ofDe, lray B~;ach, is a taxpayer in the City of Delr&y Beach and has an interest in the proposed amendme~lt to the extent that the undersigned l~ve$ i~ a residential zoning district which will be directly impacted by the proposed text amendment if it is approved bythe City. Please advise the undersized as to when the City Commission shall consider this appeal. Thank you. Sincerely, Mrs. Judy Price 250 N.E. 16~' Street Delray Beach, Florida 33444 06/04/02 ~ 07:37 [TX/RI NO 9937] May 7, 2002 44 Pedestrian Friendly Steps for Delray Beach o o o 10. Establish a Citizens' PedestdardBicycle Advisory Board for Delmy Beach. Budget/hire a Pedestrian/Bicycle Coordinator (new position). Amend the Comprehensive Plan to include Pedestrian/Bicycle goals, objectives and policies. Adopt a Pedestrian/Bicycle Master Plan based on recommendations received from the Citizens' Pedestrian/Bicycle Advisory Board. Complete sidewalk linkage and safe street crossings so that all school children that live within two miles of a school can realistically walk or bicycle safely to school. Pass an ordinance that prohibits the use of automatic water sprinklers during daylight hours. Now, walkers and joggers must sometimes make unsafe or inconvenient detours to avoid flooded pathways. As an added benefit, watering lawns during nighttime hours would preserve our diminishing water table. Pass an ordinance that prohibits the planting of hedges within so many feet of a sidewalk (or future sidewalks). This will prevent future sidewalk "encroachment" into the fight-of-way. Change. right-of-way design priorities, giving, more weight' and consideration for pedestrian/cyclists'than we have in the past. Encourage the use of awnings on all buildings that front on a sidewalk. This will provide both sun and rain protection for pedestrians. The City should plant more sidewalk shade trees and landscaping. Homeowners should be encouraged to do the same so that pedestrians will have more protection from the sun and a more pleasant walking expedence. 11. Enforce the law that prohibits parking on sidewalks. May 7, 2002 44 Pedestrian Friendly Steps for Delray Beach 12. 13. 14. 15. 16. 17. 18. Make all sidewalk comers in Delray Beach wheelchair friendly. Build more sidewalks and paths so that existing sidewalks and paths can be linked into larger walking networks. Install pedestrian activated flashing poles at the Atlantic Dunes crosswalk, the Anchor Park crosswalk, and at the Sandoway House crosswalk. Provide benches, shade and rain protection at all transit stops. Alleviate flooding conditions that occur on sidewalks at~er a heavy rain. The Rosemont neighborhood and low sections on the east side of A1A should be examined first. Correct the A1A problem either before or concurrent with the planned repaying and widening. Complete sidewalk linkage and safe street crossings so that anyone - including the handicapped - who lives within two miles of a park can realistically walk to a neighborhood park. Close Atlantic Avenue to motor vehicle traffic from East Ist Avenue to East 5th Avenue, simultaneously with the completion of a parking garage adjacem to the Old School Square. By converting these four streets to pedestrian, skater and cyclist traffic, the merchants will reap the advantage of "walk by" mtber than "drive by" traffic. Pedestrians will enjoy the benefits of a park-like atmosphere, with benches, fountains, and social interactions. Motorists will find less gridlock. Motor vehicle traffic flo~v at the comer of Swinton Avenue ~ind Atlantic Avenue will be improved with 'one-Jay east traffic only, on Atlantic Avenue between Swinton and East 1st Avenue. Motor vehicle traffic flow at the comer of Atlantic Avenue and East 52 Avenue (Federal Highway, South) will be improved as traffic converts from a three-way street intersection to a two-way street intersection. May 7, 2002 44 Pedestrian Friendly Steps for Delray Beach 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Discourage through motor vehicle traffic in residential, school and park Widen the asphalt pathway on the west side of A1A that stretches from Highland Beach to the Seagate Hotel, so that it conforms to width design guidelines for a multi-purpose pathway. This pathway could be the highest volume pathway in Delray Beach and the City should insist that the Florida Deparhnent of Transportation (FDOT) accurately measure and provide for pedestrian, cycling, and skating activity in its redesign- Complete a Walkability Checklist for various neighborhoods throughout Delray Beach. Observe and celebrate "Delray Beach Pedestrian Month", "National Walk Our Children to School Week", "Walk to Lunch Day", etc. Complete a Self-Guided Pedestrian/Cyclists Tour of Delray Beach's Historic Places. Provide a Delray Beach Pedestrian Suitability Map so that residents and visitors alike know where the "best" and "worst" walking areas may be found. Designate specific scenic or historic walks with the mileage included for joggers and walkers. Promote pedestrian education and safety by publishing safety tips for children, adults, and motorists. Work with th.~ FDOT to accelerate the current-schedule of 20(~5-2006 for- filling.in the missing sidewalk gaps along th6 wes/side of A1A betweeh ihe Seagate Hotel and the Sandoway House and between the Marriott and the north end of the beach. In some cases, it may be necessary to acquire additional right-of-way. Petition Palm Beach County to allocate more resources toward building sidewalks, asphalt pathways, and hiking trails. Check to make sure that our schools are teaching pedestrian safety in the kindergarten through ill'th grade level. May 7, 2002 44 Pedestrian Friendly Steps for Delray Beach 29. Widen the sidewalk on the east side of Ocean Blvd. (beach area) so that the sidewalk conforms to width design guidelines for a multi-purpose pathway. It's too narrow now for safe pedestrian travel. 30. Ask Palm Beach County to redesign all pedestrian crossing signals at major intersectiom to provide for flashing "count down" times sb that pedestrians will know how much time remains to cross the street. 31. Build pedestrian and cyclist pathways along all accessible waterways. 32. Construct continuous pedestrian sidewalks or pathways along all major streets and highways. These should be direct and intemonnect with all other modes of transportation. 33. Provide adequate lighting on sidewalks and paths used by pedestrians to encourage use and provide safety and security. 34. Educate the public about the transport, financial, environmental, energy, health, and social benefits of walking and cycling. 35. Encourage businesses to recognize and reward employees who walk or bicycle to work. 36. Fix the-A1A/Casuarina com6r so that pedestrians can safely stand while waiting, for the traffic light to 'change. Also, lower-the pedestrian signal button for aecessibility. 37. Complete the construction of sidewalks under the Atlantic Avenue Bridge that will link Veteran's Park and the Marina. 38. Eliminate all missing sidewalk sections, especially on US 1. May 7, 2002 44 Pedestrian Friendly Steps for Delray Beach 39. Peace officers must enforce speed limits. As motor vehicle' speed increases, pedestrian safety decreases. A pedestrian hit at 40 mph has an 85% chance of being killed; the fatality rate at 20 mph is only 5%. Particular attention should be given to Military Trail and Congress Avenue. 0, 41. 2° 43. Space for future sidewalks should be secured/reserved when a new right- of-way is created or an existing one is developed. If roadways are to be widened, additional right-of-way must be acquired; existing sidewalks must not be narrowed to accommodate a wider roadway. Sidewalks should be required on residential streets, once an area has a density of more that four dwelling units per acre and on arterial streets within a school walking zone or have transit service. If sidewalks are not installed at the tune of development, establish clear regulations as to who (developer, property owners, or governmental agency) will pay for the sidewalks. Whoever is paying for the road must pay for the sidewalks. If there is money for a road, there is money for a sidewalk. Developer contributions to sidewalks should be set-aside in an escrow account at the time of development. Pass an ordinance that requires property owners to pay for necessary sidewalk repair. Relocate telephone/electric poles that are in the' middle ofthe sidewalk on the east sideofP~apple Grove (N. E. 2 Ave~nUe). ~ If you have any other suggestions, please let me know (561) 330-6798 or jamesejimchar~aol.com Jim Smith DATE: TO: FROM: RE: June 4, 2002 Mayor Schmidt and City Commissioners Gerald Franciosa June 4 City Commission Meeting, agenda item 10.E. Ordinance 19-02: Amending LDRs to allow Public Schools in all residential zoning districts as Principal (permitted) use. When the Planning and Zoning Board discussed this item at its May 20 meeting, it was given incorrect and misleading information by P&Z staffin response to questions bom Board members who asked staff for clarification on the language of this proposed text amendment to the LDRs. As such, this item must return to the P&Z Board so that it can consider it with the proper understanding of all appropriate background information. The basis for the proposed text amendment, as described in the staffreport, is found in the Comprehensive Plan Amendment adopted on December 11, 2001 by City Commission, and which relates to School Concurrency. That Comprehensive Plan amendment involved the creation of a new Public Schools Facilities Element, a policy that permits public schools in all residential land use categories. Drawing on this, the staff report for the May 20 P&Z meeting presented specific language from this Public Schools Facilities Element stating that "The City of Delray Beach shall encourage the location of schools proximate to urban residential areas by...Allowing schools as a permitted use within all residential land use categories." This language is ambiguous, since the language of our LDRs is "zoning districts," not "land use categories." Staff never pointed out this language difference for the Board's benefit, nor was there any discussion by the Board of this different language. On numerous occasions during the Board's consideration of the proposed LDR text amendment, staffmislead the Board into believing that it had no discretion to alter the language of this proposed text amendment. The following paraphrases what certain individuals said during the P&Z Board meeting, except where quotations marks reflect what was actually said on the taped record of the meeting's proceedings. At one point it was noted that since the City's LDRs currently allow public education facilities only in the Community Facilities zoning district as a conditional use, it might have been appropriate for the Boardto modify the CF zoning district r~gulations to allow educational. facilities as a permitted use. During this discussion, Board member Mx. Warner presented.the possibility of having the 3roposed text amendment' allow schools in residential districts as a conditional use. Mx. Warner asked "Why not start from a conditional use approach, and that way we establish consistency between two different zoning districts?" Mx. Dorling responded to Mr. Warner that "Part of the school concurrency process was the adoption of the Public School Facilities Element. That element specifically was adopted by all municipalities with the same language that says allowing schools as a permitted use in all urban residential land use categories." 1. "Land use categories" yes, but it says nothing about zoning districts, which is what the LDRs address and what the proposed LDR text amendment addresses. There is nothing in the Public School Facilities Element nor in the School Concurrency Interlocal Agreement signed by Delray Beach that requires schools to be a permitted use in residential zoning districts. Boca Raton has the same Comprehensive Plan language regarding the new Schools Element that Delray Beach does, but Boca allows schools as a conditional use in some residential zoning districts and as a permitted use in others. Boca Raton planning staff said that this distinction is legitimate because the new School Element in its Comprehensive Plan (identical to Delray Beach's) addresses "land use categories" and not "zoning districts." In addition, the Village of Royal Palm Beach allows schools in all zoning districts but on a conditional use basis only. Therefore, if Boca Raton and the Village of Royal Palm Beach can allow schools on a conditional use basis, why can't Delray Beach? Mr. Dorling' response continued: "That (the Public Schools Facility Element) was adopted by every municipality in this county." Yes, everyone else may have adopted the School Element, with its language about "land use categories." It is a fact that not every municipality has language as the proposed approach to residential zoning districts that the Board considered in this text amendment. By making this statement, Mr. Dorling implied to the Board that it has no flexibility with the language of the proposed text amendment. In the same response, Mr. Dorling continued "That's what our Inter local Agreement with the School Board says, along with everyone else's. "Yes, every municipality's Interlocal Agreement may have the same language, but NO - there is no language in the Interiocal Agreement that is anywhere near as specific as what the proposed text amendment says. Again Mr. Dorling in this commentary clearly left the impression that the Board's hands were tied and that everyone else in the County is doing same thing, which is just not true. Later in the meeting, comments were made about similar actions taken by other cities in the County. Mr. Doffing said "What this is proposing to do is to be consistent with those policies that were adopted by this City and every other city in the implementation of school concurrency." For clarification, Board Chairman Mr. Sowards asked the question: "This will be consistent with Boca Raton, with Boynton, with all the other municipalities in Palm Beach County? The response fi.om Mr. Dorling was that "Everybody will have to comply and adopt the same regulations."- If Mr. Dorling was referring to the proposed text am~/ndment, since Mr. Soward's question asked about "regulations" - which is what the LDRs are - then he was incorrect. If Mr. Dorling was.describing the new-School Element of the Comprehensive · Plan when he noted that "Everybody will have to comply" .then he should have made that- distinction. He did not. As e;~rlier, Mr. Dorling's response was vague and clearly gave the Board a false impression about how it could proceed. Mr. Soward replied "So it will be consistent with the rest of the county?" Mr. Doding's response on the tape of the meeting was inaudible. But the tape does confirm that he offered no clarification in response to Mr. Soward's question. As done previously, Mr. Dorling made statements about how everyone has to do this. But he was very vague about what "this" means. And since the item before the Board was a text amendment, then Mr. Dorling failed to clarify for the Board when there was or was not an obligation on the part of participating municipalities to take certain steps ia the School Concurrency process. As a result, he created an impression - in direct response to questions from the Board - that did not correctly reflect the discretion the Board had at its disposal when considering the text amendment. Later in the meeting, after a member of the public and Mr. Dorling spoke back and forth with each other, Board member Mr. Peltzie stated "All communities are in the process of passing this zoning change." This is not true. If he meant the zoning change of this text amendment, then he was wrong, by definition, since Boca Raton and Royal Palm Beach, as two examples, retain their approach of conditional use approval. Regardless, at this point Mr. Dorling should have clarified what Mr. Peltzie said by making the distinction between Comprehensive Plan Amendments and zoning regulation changes. By not doing this, Mr. Dorling contributed again to the false impression in the minds of Board members. I find nothing in the pertinent Florida Statutes that supports Mr. Dorling's statements or implications as they relate to a city's amendments to its LDRs. In fact, the language in the section of Florida statutes describing the "Public School Facilities Elemem" as it relates to School Concurrency seems to state nothing that to any degree addresses the point Mr. Dorling made when offering guidance to the Planning and Zoning Board. As such, in the interest of a fair and open process, and to provide the Planning and Zoning Board the opportunity to perform its obligations, I believe your only choice at this point is to return this item to Planning and Zoning staff, so that they can prepare a new staff report, after which a proposed text amendment would come before the P&Z Board for its consideration. Only at~er that has been done will the Board be prepared to make a recommendation based fairly and objectively on the actual requirements of the School Concurrency initiative. Beyond the issue of instructions for the Board, there are two other concerns: 1. The proposed text amendment did not include the Mobile Home zoning district. Nothing was mentioned about this at the meeting. Why is this not an "urban residential zoning category"? 2. A member of the public asked whether or not the.proposed text amendment applied to charter schools. In response, Mr. Doding noted that the Board might wish to add language to_the proposed amendment that addressed charter schools. Mr. Poltzie moved approval of the proposed text amendment by stating he "movedapproval and ad~d" _ definition of Public Educational F.acilities that exclude~ charter schools." Mr. Dorling asked if the following language were acceptable: "Public Educational Facilities of the Palm Beach School Board excluding charter schools." Mr. Peltzie said yes, after which the motion was seconded and passed by a vote of 6 - 1. If Charter Schools are "public," as I have been led to believe by the school district, then the Board erred, since the approved text amendment is at risk of violating the Florida Statute addressing School Concurrency, which "shall include all public schools." Florida Statutes 3 Section 163.3180 Concurrency. 163.3180 (13) School concurrency, if imposed by local option, shall be established on a. districtwide basis and shall include all public schools in the district and all portions of the district, whether located in a municipality or an unincorporated area. The application of school concurrency to development shall be based upon the adopted comprehensive plan, as amended. All local governments within a county, except as provided in paragraph (f), shall adopt and transmit to the state land planning agency the necessary plan amendments, along with the interlocal agreement, for a compliance review pursuant to s. 163.3184(7) and (8). School concurrency shall not become effective in a county until all local governments, except as provided in paragraph (f), have adopted the necessary plan amendments, which together with the interlocal agreement, are determined to be in compliance with the requirements of this part. The minimum requirements for school concurrency are the following: (a) Public school facilities element --A local government shall adopt and transmit to the state land planning agency a plan or plan amendment which includes a public school facilities element which is consistent with the requirements ors. 163.3177(12) and which is determined to be in compliance as defined in s. 163.3184(1)(b). All local vernm nt public school facilities plan elements within a county must be consistent with each other as well as the requirements of this part. 163.3177 Required and optional elements of comprehensive plan; studies and surveys.- 163.3177(12) A public school facilities element adopted to implement a school concurrency program shall meet the requirements of this subsection. (e) The objectives and policies shall address items such as: the procedure for an annual update process; the procedure for school site selection; the procedure for school permitting; provision of supporting infrastructure; location of future school sites so they serve as community focal points; measures to ensure compatibility of school sites and urro ndin land uses; coordination with adjacent local governments and the school district on emergency preparedness issues; and coordination with the future land use element. 4 JUNE 18 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 18, 2002. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - City Manager David T. Harden Also present were - Finance Director Joseph Safford (Acting City Manager) City Attorney Susan A. Ruby VaDor. The opening prayer was delivered by Rabbi Sam Silver, Congregation L'Dor The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Schmidt stated there was an addendum to the Proclamations (6.B.), "! Have a Dream Foundation" and noted this will bc postponed to the meeting of July 2, 2002. Mayor Schmidt noted the addition of Item 8.L., City of Delray Beach/Exoandiml and Preserving Our Cultural Herita~e, Inc. Agreement and, Item 8.M., Amendment No. 1/Delra¥ Beach Housing Authority Fundine Aereement to the Consent Agenda by addendum. Mayor Schmidt requested that Item 8.H., Amendment to City Commission/Quasi-Judicial Rules, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mrs. Archer moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Special Meeting of June 11, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: National Homeownership Week - June 23 - 29~ 2002 Mayor Schmidt read and presented a proclamation proclaiming June 23-29, 2002, as National Homeownership Week. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 6oao "I Have A Dream Foundation" This proclamation has been postponed to the meeting of July 2, 2002. 7. PRESENTATIONS: 7.A. Legislative Session Update - Representative Anne Gannon Representative Anne Gannon, 302 S.E. 2~a Street~ Deira¥ Beach~ gave a brief presentation regarding the Legislative Session and explained that the State passed a $52 billion budget of which $25,000 billion are Federal draw down funds. Within the $52 billion budget, Ms. Gannon stated there is 8% of non-recurring revenue which funds that budget. Ms. Garmon continued to state that if the revenue stream does not increase there will be budget cuts. Ms. Gannon stated although the Boca Raton Airport Bill did not pass she feels it did cause an end result because the Boca Raton Airport Authority Committee was appointed. In the Boca Raton Airport there is currently 15 acres that they are considering putting additional hangars and additional ground space for planes. Ms. Gannon stated she has written the Boca Raton Airport Authority asking them to cap the number of planes to help with the Class I and Class II airplanes because most of the noise is generated from these planes. Ms. Gannon stated there was a rocky start in terms of funding for the library and the issues surrounding the high school although at the end of session most of these issues have been worked out. With regard to Representative Andrews' Bill regarding drug houses, Ms. Gannon stated there are evident changes in what the City of Boca has done in their zoning changes and she is confident that Delray Beach is also looking at some of those changes. Ms. Garmon stated the Governor vetoed her retrofit for the emergency shelter in Delray Beach because it did not go through the agency budget. She stated they will try to work out a better process next year. -2- 06/18/02 Ms. Gannon informed the Commission that there will be a Redistricting Public Hearing held on June 24, 2002, at the South County Civic Center regarding the redistricting plans. Ms. Garmon stated her office has organized this hearing for people from Broward and Palm Beach County so that people can look at where their new districts will be located. Ms. Gaunon stated because of the redistricting her district includes more of Delray Beach in addition to the Boca Raton Airport Authority. Ms. McCarthy asked when the decision is made about where the redistricting lines will be, how the citizens of Delray Beach will be notified. In response, Ms. Garmon stated there is no process in place through the legislature to notify the citizens except by receiving new Voter's Registration cards from the Supervisor of Elections indicating the new district number and new precinct number. Ms. Gannon stated her office should have all of this information available no later than the middle of August. However, if not, Ms. Gannon suggested that the Commission call her office or the Supervisor of Elections. Mr. Perlman stated after the redistricting is done how many representatives will cover the City of Delray? Did Representative Slosberg get any of Delray? In response, Ms. Gannon stated that Representative Slosberg stated he has a very small piece in Delray Beach west of 1-95 south of the Linton Boulevard area. Also, Mr. Perlman state some work is being done in the southwest section and commented on the need to go and accumulate properties now before it gets gentrified. He asked Ms. Gannon if she knows of any programs the City can pursue in terms of dollars that can be used to tie a plan. Ms. Garmon stated she can check with the Department of Community Affairs but asked Mr. Perlman to get in touch with Department of Housing and Urban Development (HUD) and ask them what kinds of programs are available through the State of Florida. Mr. Perlman stated the City has a grant writer Langton & Associates and asked if they were helpful to Ms. Gannon in local projects. Ms. Gannon commented that Langton & Associates could have been more upfront and more involved in the process. At this point, the Commission thanked Ms. Gannon for all her efforts. 7oBo Feed the Family - SW/NW Presidents Association Marilyn Alford~ 31 N.W. 14th Avenue, on behalf of the Committee for the Feed the Children Project, proudly presented a plaque to the City of Delray Beach with special thanks to Lula Butler, Director of Community Improvement. Ms. Alford stated the project was a huge success and she looks forward to partnering with the City next year as it becomes an annual event. On behalf of the City, Mayor Schmidt thanked Ms. Alford for the tremendous effort and a great project. -3- 06/18/02 7.Co Aid to Victims of Domestic Abuse (AVDA) - Commissioner McCarthy Ms. McCarthy stated last month the first bicycle rally was held locally which was organized by Jim Smith who is a Delray Beach resident. Ms. McCarthy announced Allie Adams the raffle winner and introduced Albert Richwagen, owner of Delray Bike and Sports/Richwagen's who donated a bike so that funds could be raised. Ms. McCarthy presented the proceeds from the raffle as a donation to AVDA. Pam O'Brien, Executive Director of AVDA, came forward and accepted the funds. CONSENT AGENDA: City Manager Recommends Approval. CONSENT TO ASSIGNMENT/SCIENCE APPLICATIONS INTERNATIONAL CORPORATION: Approve Consent to Assignment with Science Applications International Corporation which will acquire Fusive. Com, Corporation for consulting services for the City of Delray Beach Website. 8.ao AMENDMENT NO. 1/SOLID WASTE AUTHORITY AGREEMENT: Approve Amendment No. 1 to the interlocal agreement between the City of Delray Beach and Palm Beach County for funding of hazardous materials emergency response services. 8.C. RESOLUTION NO. 52-02: Approve Resolution No. 52-02 supporting an amendment to the State Constitution repealing the provision that requires the development and operation of a statewide High Speed Rail System. The caption of Resolution No. 52-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING AN AMENDMENT TO THE STATE CONSTITUTION TO REPEAL THE PROVISION THAT REQUIRES THE DEVELOPMENT AND OPERATION OF A STATEWlDE HIGH SPEED RAIL SYSTEM. (The official copy of Resolution No. 52-02 is on file in the City Clerk's office.) 8.D. WATER SERVICE AGREEMENT: Approve the water service agreement for the marketplace of Delray Plaza, located at the northwest corner of West Atlantic Avenue and Military Trail. 8.E. SERVICE AUTHORIZATION NO. 10/MATHEWS CONSULTING~ INC.: Approve Service Authorization No. 10 to Mathews Consulting, Inc. for the design of LWDD L- 33 Canal Culvert from Coral Trace Boulevard to the LWDD E-4 Canal in the amount of $80,300.00. Funding is available from 334-6120-519-31.90 (General Construction Fund/Other Professional Services). SERVICE AUTHORIZATION NO. 2/SPATIAL FOCUS, INC.: Approve -4- 06/18/02 Service Authorization No. 2 to Spatial Focus, Inc. for the creation of an address repository in the amount of $16,850.00. Funding is available from 001-2911-519-31.90 (General Fund/Other Professional Services) and 448-5411-538-31.90 (Stormwater Utility Fund/Other Professional Services). 8.G. SPECIAL EVENT REQUEST/AVDA SK WALK: Approve a special event request to allow the 4th Annual Aid to Victims of Domestic Abuse (AVDA) 5K Walk-a-thon to be held on Saturday, October 26, 2002 from 7:30 a.m. until completed, including temporary use permit, waiver of parking fees, and staff support for traffic control with the sponsor paying all overtime costs, contingent on the sponsor providing liability insurance and a hold harmless agreement. 8.H. THI~q ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Ac~cept the actions and decisions made by the Land Development Boards for the period June 3, 2002 through June 14, 2002. 8.J. RFP/BARWICK PROPERTIES: Approve Master Development Plan request for the proposal for Barwick Properties. AWARD OF BIDS AND CONTRACTS: Contract award to Chaz Equipment, Inc. in the amount of $229,933.30 for the construction of the Swinton Gardens Infrastructure Improvements. Funding is available from 118-1965-554-60.24 for $98,115.00 (Water/Sewer Improvements) and 118-1922-554-63.90 for $131,818.30 (Other Improvements). Service award to Pressure Cleaning Services, Inc. (sole service provider) in the total amount of $26,550.00 for the cleaning (descaling) of Clarifier #2 and #3 at the Water Treatment Plant. Funding is available from 441- 5122-536-34.90 (Water Treatment & Storage/Other Contractual Services). 8.to CITY OF DELRAY BEACH/EXPANDING AND pRESERVING OUR CULTURAL HERTIAGE~ INC. AGREEMENT: Approve an agreement in the amount of $20,500.00 for funding and acceptance of funds between the City of Delray Beach and Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) for a period January 1, 2002 through September 30, 2002. 8.M. AMENDMENT NO. 1/DELRAY BEACH HOUSING AUTHORITY FUNDING AGREEMENT: Approve Amendment No. 1 to the funding agreement between the City of Delray Beach Housing Authority for an additional amount of $22,500.00 for program expenses. -5- 06/18/02 Prior to the vote, Mr. Levinson asked the Acting City Manager if the Barwick Road properties could be sent to Dodge Reports to insure they pick it up. In response, the Acting City Manager stated this could be done. Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A.A. AMENDMENT TO CITY COMMISSION/QUASI-JUDICIAL RULES: Approve revisions to the City Commission and Quasi-Judicial Rules. Mayor Schmidt stated he pulled this item from the Consent Agenda because he felt in all fairness to the people who are scheduled to have quasi-judicial hearings tonight that a new set of rules should not be set at the beginning of the meeting that they would have to comply with tonight. Therefore, Mayor Schmidt suggested that the Commission adopt the quasi-judicial rules to be effective July 1, 2002, for all Boards if applicable. Mr. Levinson moved to approve the quasi-judicial rules effective July 1, 2002, as well as the City Commission rules as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.A. SPECIAL EVENT REQUEST & RESOLUTION NO. 44-02/ROOTS CULTURAL FESTIVAL: Consider a request for special event approval to allow the 25"' Annual Roots Cultural Festival to be held between May 16, 2002 and August 11, 2002, and approve Resolution No. 44-02 in support of the event. Elizabeth Wesley, Co-Founder of the Roots Cultural Festivai, thanked the City of Dekay Beach for the support it has given the Roots Cultural Festival for these years. Freddie Price, Vice-Chair of the Roots Culturai Festival, stated because of the tremendous growth of the festival the Roots Committee has decided to move the three day festival from the park to Old School Square. Mr. Perlman inquired about the Taste of Africa and Ms. Wesley stated this year the Taste of Africa will be a part of the Roots activities. Mr. Perlman moved to approve the special event request to allow the 25th Annual Roots Cultural Festival and Resolution No. 44-02 pursuant to staff's recommendation, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. -6- 06/18/02 9.B. VIA MAGAZINE: Consider approval of a request to purchase an ad in the amount of $525.00 from VIA Magazine promoting PENCIL (Public Education Needs Civic Involvement in Lemming) and PFAD (Principal For A Day). Mr. Levinson commented that in the agenda backup it states that the proceeds of the sale of the magazine will go to the schools and asked what the expected amount will be. Mayor Schmidt stated he will look into this and report back at the next meeting. Mr. Perlman stated he believes VIA did a complimentary magazine promoting the program. Mr. Perlman moved to approve purchase of an ad in the amount of $525.00 from VIA Magazine, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.C. METRON-FARNIERn L.L.C.: Consider authorization to settle with Metron- Famier, L.L.C. regarding the Touch Pad System associated with the large water meters. The City Attorney explained that this is a conditional settlement. Furthermore, the City Attorney stated the City has filed a lawsuit and also has continued discussions in an effort to solve a problem associated with the large water meters if possible. Mr. Levinson moved to approve the authorization to settle with Metron-Famier, L.L.C. regarding the Touch Pad System associated with the large water meters, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint two (2) regular members and one (1) alternate member to the Civil Service Board for a two (2) year term ending July 1, 2004. Based upon the rotation system, the regular appointments will be made by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). The alternate appointment will be made by Commissioner Perlman (Seat #1). Mrs. Archer moved to appoint Leonard Friedman as a regular member to the Civil Service Board for a two (2) year term ending July 1, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to appoint Morris Weintraub as a regular mc~mber to the Civil Service Board for a two (2) year term ending July 1, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -7- 06/18/02 Mr. Perlman moved to reappoint Murray Gold as an alternate member to the Civil Service Board for a two (2) year term ending July 1, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to fulfill an unexpired term ending January 14, 2004. Based upon the rotation system, the appointment will be made by Commissioner Perlman (Seat gl). Mr. Perlman moved to appoint Joe Federman as a regular member to the Code Enfomement Board for an unexpired term ending January 14, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY BOARD: Appoint one (1) person to the Community Redevelopment Agency Board for a four (4) year term ending July 1, 2006. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to reappoint Robert Costin to the Community Redevelopment Agency Board for a four (4) year term ending July 1, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9oG. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint four (4) members to the Downtown Development Authority for a three (3) year term ending July 1, 2005. Based on the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). Mrs. Archer moved to reappoint Rita Ellis as a member to the Downtown Development Authority for a three (3) year term ending July 1, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to appoint Richard Sheremeta as a member to the Downtown Development Authority for a three (3) year term ending July 1, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -8- 06/18/02 Ms. McCarthy moved to reappoint Louis Carbone as a member to the Downtown Development Authority for a three (3) year term ending July l, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt moved to reappoint Richard McCloin as a member to the Downtown Development Authority for a three (3) year term ending July 1, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE EDUCATION BOARD: Appoint five (5) regular members to thc Education Board for a two (2) year term ending July 31, 2004. Based on the rotation system, the appointments will be made by Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat ~4), and Mayor Schmidt (Seat #5). Mr. Perlman moved to appoint Catherine Lewis as a regular member to the Education Board for a two (2) year term ending July 31, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a $ to 0 vote. Mrs. Archer moved to reappoint Cheryl Lee-Bennett as a regular member to the Education Board for a two (2) year term ending July 31, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to reappoint Saralyn Buzen as a regular member to the Education Board for a two (2) year term ending July 1, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appoint Leonard Mitchell as a regular member to the Education Board for a two (2) year term ending July 1, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt moved to reappoint James Kemp as a regular member to the Education Board for a two (2) year term ending July 1, 2004, seconded by Mr. Pedman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:35 p.m. the Commission moved to Item 12, First Readings. -9- 06/18/02 12.._:. FIRST READINGS: 12.A. ORDINANCE NO. 22-02: An ordinance amending Title VII, Chapter 71 of the City Code of Ordinances "Parking Regulations". If passed, a public hearing will be scheduled for July 2, 2002. The caption of Ordinance No. 22-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 71.041 "TIME LIMIT FOR VEHICLES", TO PROHIBIT PARKING ON STATE ROAD A1A, SOUTH OF MIRAMAR STREET AND NORTH OF ATLANTIC AVENUE, BETWEEN THE HOURS OF llPM AND 5 AM; BY AMENDING SECTION 71.055, "DEFINITIONS", TO ADD THE DEFINITION OF THE "MULTI SPACE PARKING METER", "MULTI SPACE PARKING METER ZONES", AND TO CLARIFY THE DEFINITION OF "PARKING METER"; BY AMENDING SECTION 71.059 "PARKING TIME LIMITS", TO PROVIDE THAT THE SIGNS IN ANY GIVEN AREA SHALL ESTABLISH PARKING TIME LIMITS; BY AMENDING SECTION 71.060, "PARKING METER PERMITS", FOR THE PURPOSE OF INCLUDING ATLANTIC DUNES AND TO UPDATE THE CURRENT COST OF THE PARKING PERMITS; BY REPEALING CHAPTER 73, "PARKING SCHEDULES", SCHEDULE I, "TWO HOUR/FOUR HOUR PARKING ZONES" IN ITS ENTIRETY IN ORDER TO PROVIDE FOR A CONSOLIDATED PARKING ORDINANCE; BY ENACTING A NEW SECTION 71.063 "LIMITED TIME PARKING ZONES" TO ESTABLISH THAT IT IS A VIOLATION TO PARK OR STAND A VEHICLE IN EXCESS OF THE POSTED TIME LIMITS; BY REPEALING CHAPTER 73, "PARKING SCHEDULES", SCHEDULE II, "PARKING METER ZONES" IN ITS ENTIRETY IN ORDER TO PROVIDE FOR A CONSOLIDATED PARKING ORDINANCE; BY ENACTING A NEW SECTION 71.064 "PARKING METER ZONES" TO ESTABLISH THAT IT IS A VIOLATION TO PARK OR STAND A VEHICLE AFTER THE TIME HAS EXPIRED ON THE PARKING METER; BY AMENDING SECTION 71.091 "LIABILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS" TO LIMIT AN AUTOMOBILE OWNER'S LIABILITY IN THE CASE OF A STOLEN VEHICLE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -10- 06/18/02 (The official copy of Ordinance No. 22-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated these amendments originated from a need to go into the Code of Ordinances specifically for different parking zones. Mr. Dorling stated the amendments will provide greater flexibility in addressing future changes in parking patterns in addition to creating a more simplified user friendly code. At its meeting of May 28, 2002, the Parking Management Advisory Board unanimously recommended approval of the proposed amendments. Ms. McCarthy stated she has been besieged with emails, telephone calls, and faxes from the Beach Property Owners' Association and asked if they are aware of this proposed ordinance. In response, Mr. Doding stated he would assume that the BPOA is aware of this because they are diligent with their review of agenda items but he has not heard positive or negative comments. Mrs. Archer moved to approve Ordinance No. 22-02 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 23-02: An ordinance amending Chapter 35 of the City Code of Ordinances by enacting Section 35.056 "Designation of Personnel as Critical to Security". If passed, a public hearing will be scheduled for July 2, 2002. The caption of Ordinance No. 23-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY ENACTING SECTION 35.056, "DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR CERTAIN EMPLOYMENT APPLICANTS AND EMPLOYEES FOR THOSE DEPARTMENTS WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. -11- 06/18/02 Mrs. Archer moved to approve Ordinance No. 23-02 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, City Manager's response to prior public comments and inquires and comments from the public on non-agenda items. ll.A. Cit~ Manager's response to prior public comments and inquiries. Joseph Safford, Acting City Manager, had no response to prior public comments and inquiries. ll.B. From the Public. ll.B.1. Kevin Warner~ 248 Venetian Drive~ stated there has been a lot of talk in the last few days about the "village by-the-sea" language in the Comprehensive Plan. Mr. Warner stated if the Commission believes the City is moving forward regarding growth and similar policy planning directions to adhere to the "village by-the-sea" concept that everyone has embraced up until the present, there is no reason to remove that language from the Comprehensive Plan. Secondly, Mr. Warner stated the Comprehensive Plan states "a special CBD Plan shall be developed jointly by the CRA and the City" which has been done. Mr. Warner stated he would like to leave it up to staff to address the issue that the geographic area of the Downtown Master Plan is not the Central Business District (CBD). Mr. Warner stated the plan is complete, and if the changes produce no different results then what is in the Master Plan, why are we suggesting that those changes need to be made. Lastly, Mr. Warner read the following from the Comprehensive Plan "such a plan shall be formally processed as an amendment to the Comprehensive Plan" and stated he does not feel this has been done yet. ll.B.2. Fred W. Love~ 315 N.W. 18th Street, stated it was his understanding that the Comprehensive Plan was to be discussed this evening but it has been withdrawn. Mr. Love expressed concern over the proposal to withdraw the term "village by-the-sea" from the Comprehensive Plan and read a statement into the record. Mr. Perlman stated that there is no attempt to strip the term "village by-the-sea" from the Comprehensive Plan. As Co-Chair of the Downtown Master Plan, Mr. Perlman stated that the reason the Plan was done is to protect, enhance, and preserve the ambiance of Delray Beach. ll.B.3. Jean Beer~ 2145 S.W. 26th Terrace~ stated she understands there are many references to the village like characteristics of the "village by-the-sea" in both the Downtown Master Plan and the Comprehensive Plan. However, Mrs. Beer stated she has particular reasons for wanting to see the wording so that she understands the way it is going to be changed. Mrs. Beer read into the record Policy C-4.2 that states "A special CBD plan shall be developed jointly by the CRA and the City. It shall address the maximum development which can be -12- 06/I 8/02 accommodated in a competitive market while still retaining the '.'village like, community by-the- sea character of the CBD." Mrs. Beer stated she would like to see the Policy C-4.2 changed to read "development in the CBD must be consistent with the Master Plan while retaining the village like, community by-the-sea characteristics of the CBD." Mayor Schmidt stated since Mrs. Beer was unable to open his email what he essentially said was that what has been put out to the public is part of the Comprehensive Plan and that they were not given the full reading of it. Mayor Schmidt suggested that Mrs. Beer look at Objective C-4.2 which states "the CBD will be developed maintaining the village like, community by-the-sea character of the CBD." Mayor Schmidt stated what is being proposed in the change is one of the policies to implement that objective. 11.B.4. Deborah Bennett~ 137 Seabreeze Avenue~ commented about a newspaper article in last Sunday's paper and stated she did not say the decision to move Atlantic High School would enrich some decision makers. However, Mrs. Bennett stated she did express that Delray's justifications are not supported by School District policy. Mrs. Bennett stated that centralization does not guarantee that the children in Delray will go to that school. Mrs. Bennett stated at a recent School Board meeting that Mr. Art Johnson, Palm Beach County School District, stated "we are dramatically moving away from the feeder school system". Mrs. Bennett expressed concern over the much needed middle school and asked, if it is so critical to "bring our babies home" why is there an option of selling the property in the Interlocal Agreement instead of having a middle school? ll.B.5. Gerry Franciosa~ 939 Eve Street~ read a statement into the record expressing his concerns regarding alleged antagonism. Secondly, Mrs. Ellis stated she is a member of the Beach Property Owners' Association (BPOA) and commented that the reason the Commission received numerous calls and emails was a result of a newsletter that the BPOA sent out. Mrs. Ellis feels the newsletter was misleading and left out a lot of information that the members of the organization should have had. Mrs. Ellis stated she is going to do everything she can to see that the members at least have some input before these items are sent out. At this point, the Commission took a short break. At this point, the time being 7:00 p.m., the Commission reconvened and moved to the duly advertised Public Heatings portion of the meeting. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 18-02 {SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.12 Planned Commercial (PC) District to add Private Schools as a Conditional Use and Section 4.3.3 "Special Requirements for Specific Uses" to provide certain regulations for private schools. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. -13- 06/18/02 The City Manager presented Ordinance No. 18-02: 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 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ADDING A NEW SUBSECTION 4.3.3(HHH), "PRIVATE SCHOOLS AND OTHER SIMILAR EDUCATIONAL FACILITIES", AND BY AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES PERMITTED", TO ALLOW PRIVATE SCHOOLS AND OTHER SIMILAR EDUCATIONAL FACILITIES WITHIN THE PC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No.18-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. Michael Weiner~ Attorney representing the aoolicant, stated he appreciates the additional language that has been added so as to allow them to move forward with this particular project. There being no one else who wished to address the Commission regarding Ordinance No. 18-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 18-02 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 19-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations to allow Public Educational Facilities of the School District of Palm Beach County in all residential zoning districts as a Principal (permitted) usc. If passed, a second public hearing will be scheduled for July 2, 2002. Prior to consideration of this ordinance on FIRST Reading/FIRST Public Hearing to be held at this time. -14- 06/18/02 The City Manager presented Ordinance No. 19-02: 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 4.4.1 AGRICULTURAL ZONE DISTRICT (A)", 4.4.2 "RURAL RESIDENTIAL (RR) ZONE DISTRICT", SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-I) DISTRICTS", SECTION 4.4.4 "MOBILE HOME (MH) DISTRICT", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", AND SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", TO ALLOW PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY, IN ALL RESIDENTIAL ZONING DISTRICTS AS A PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-02 is on file in the City Clerk's office.) The City Attomey 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 stated this ordinance is before the Commission for another first reading after certain changes were made. Mayor Schmidt declared the public hearing open. Paul Doffing, Director of Planning and Zoning, stated at its meeting of June 4, 2002, the City Commission considered an amendment to the Land Development Regulations to allow "Public Educational Facilities of Palm Beach County School Board, excluding Charter Schools" as a permitted use in all residential zoning districts. Mr. Doffing stated the direction of the Commission was to take the language "excluding charter schools" out and to add Rural Residential (RR). Staff reviewed the ordinance and the definition of residential uses also includes Mobile Home (MH) and Agricultural (A). Mr. Doffing in doing the analysis, staff felt the need to do some more comprehensive changes to this ordinance which included adding supplementary regulations for public education facilities, changing the definition of residential uses in the LDR's which do not include Rural Residential (RR), Mobile Home (MH) or Agricultural (A) in addition to changes to the Community Facilities (CF) designation which currently allows schools as a conditional use. -15- 06/18/02 Mr. Dorling stated given these changes it seems more appropriate that they are also a permitted use in the Community Facilities (CF). Mr. Dorling explained there were other modifications also proposed which were forwarded to the Planning and Zoning Board at its meeting of June 17, 2002, and there was a recommendation on a 3-2 vote. Mr. Dorling stated the schedule to adhere to would bring back this ordinance for first reading on July 2, 2002. Therefore, at this time staff recommends denial of this ordinance and when the modified ordinance comes before the Commission on July 2, 2002, Mr. Dorling suggested that the Commission act in a positive manner. Mayor Schmidt reiterated that the ordinance before the Commission this evening is not the ordinance that was approved by the Planning and Zoning Board at its meeting last night. Mayor Schmidt declared the public hearing open. Cari Podesta, Attorney speaking on behalf of the Coral Trace Homeowners' Association, expressed thanks to the Commission for directing staff to look into thc concem~ that were raised at the initial first reading of this ordinance on June 4, 2002. Ms. Podesta stated she joins in support of staff's recommendation of denial of Ordinance No. 19-02 because Planning and Zoning has recommended another set of changes on the same land development regulations for thc same reason but with different language. Ms. Podesta stated that the title of the ordinance is not consistent with the land development regulations as presently written and expressed concern over the advertising dates. Henry B. Iler, President and Principal of Iler planning Group, 11211 Prosperity Farms Road, Suite 205-B, Palm Beach Gardens, representing the Coral Trace Homeowners' Association, commented that the Comprehensive Plan does state that the City is required to adopt public education facilities as a permitted use especially in the Rural Residential (RR) land use category and reiterated that the Commission is not required to adopt these changes because of the Comprehensive Plan. Mr. Iler stated the Comprehensive Plan only says that these uses are consistent with these land use categories. It also specifies that the City will allow schools as permitted in the urban residential land use categories and Rural Residential could not be considered urban in nature. Gerry Franciosa, 939 Eve Street, stated he feels staff did not give proper direction to the Planning and Zoning Board on the possibility that conditional use was an option that they could consider. Mr. Franciosa feels this should be returned to Planning and Zoning with direction to staff to consider use in some residential areas of a conditional use for public education facilities. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to deny Ordinance No. 19-02 on FIRST Reading/First Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor -16- 06/18/02 Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion to deny passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 20-02: An ordinance mending Future Land Use Map from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) for a parcel of land located on the east side of Venetian Drive, approximately 278 feet south of East Atlantic Avenue. Prior to consideration of this ordinance on Second and Final Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The City Manager presented Ordinance No. 20-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM MD (MED1UM DENSITY RESIDENTIAL 5-12 DU/AC) TO CC (COMMERCIAL CORE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF VENETIAN DRIVE, APPROXIMATELY 280 FEET SOUTH OF ATLANTIC AVENUE, AS MORE pARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-02 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. The City Attorney stated this item will be conducted as a quasi-judicial hearing, which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Attorney asked the Commission to disclose any ex parte contacts. Mayor Schmidt stated he has given copies of his emails and telephone messages to the City Clerk. In addition, Mayor Schmidt stated he had a brief conversation with Michael Weiner and Peter Sachs. Ms. McCarthy stated she had a phone call from Michael Weiner and received -17- 06/18/02 numerous emails. Ms. McCarthy entered printouts of the emails into the record and stated she will forward the remaining to the City Clerk. Mr. Levinson stated he had a conversation with Michael Weiner and stated after he will deliver his emails to the City Clerk. Mr. Perlman also spoke to Michael Weiner and will forward emails to the City Clerk. Mrs. Archer stated she had a conversation with Michael Weiner, Mark Guzzetta, and numerous emails. Paul Doffing, Director of Planning and Zoning, entered the Planning and Zoning Department's project file #2002-214 into the record. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. The property consists of the north 25 feet of Lot 1, Block "C" and contains a parking area that appears to have been installed when the Atlantic Center Shopping Center was constructed in 1957. The proposed Future Land Map Amendment and Rezoning represents a corrective measure to properly designate the subject property according to the existing use. At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the proposal at length, the Planning and Zoning Board voted 6-0 to recommend approval based upon consistency with the Downtown Master Plan, Future Land Use Policy Element A-1.7 and positive findings with respect to LDR Section 3.1.1. (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Michael Weiner~ representinll the applicant (1000 .atlantic Avenue Partners~ L.P.)~ submitted his r6sum6 into the record and noted for the record that he is speaking as a land use attorney and an expert in that regard. Mr. Weiner stated in the Planning and Zoning Staff Report the following standards are all met: that it is an allowed use, that there is concurrency, consistency, compliance, and a demonstrated need. The following people from the public came forward to address the Commission: John Bennett~ speaking on behalf of the Beach Proper~ Owners' Association, does not support the Planning and Zoning Staff Report and stated this is not a corrective zoning and was not zoned in error. Mr. Bennett made reference to the non- conforming use and stated it is inconsistent with the Comprehensive Plan and LDR's to take this land where there is a non-conforming use of commercial parking in a residential zoning area and allow the commercial uses to get larger. Elizabeth Corey, resides on Waterway Lane in Delray Beach~ stated by changing the density to a commercial use she feels this will further impact residents and change the entire feeling of the "village by-the-sea". There being no one else who wished to address the Commission, the public heating was closed. -18- 06/18/02 Mr. Levinson requested staff to disclose the six names of the members of the Planning and Zoning Board who voted in favor of the amendment and rezoning. Mr. Dorling stated Elaine Morris, Kevin Warner, Joe Pike, Kenneth Peltzie, Jess Sowards, and Mark Krall all voted in favor of the amendment and rezoning. Mr. Levinson moved to adopt Ordinance No. 20-02 on Second and FINAL Reading, seconded by Mr. P~rlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 21-02: An ordinance rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) for a parcel of land located on the west side of Gleason Street, approximately 193 feet south of East Atlantic Avenue. Prior to consideration of this ordinance on Second and Final Reading, a public heating has been scheduled to be held at this time. (Quasi-Judicial Hearing) The City Manager presented Ordinance No. 21-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF GLEASON STREET, APPROXIMATELY 180 FEET SOUTH OF ATLANTIC AVENUE, AS MORE pARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating 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 stated this item will be conducted as a quasi-judicial heating, which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Attorney asked the Commission to disclose any ex parte contacts. Ms. McCarthy disclosed emails to the City Clerk and no other ex parte contacts were noted. -19- 06/18/02 Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department's project file #2002-200 into the record. Mr. Dorling stated the subject property is Lot 7, Block "C" of John B. Reid's subdivision and contains 0.33 acres. The property currently contains a two-story apartment structure which was built in 1952 and contains eight units. The property currently has a Commercial Core (CC) land use designation and a Medium Density (MD) zoning designation. The request is to change the zoning to be consistent with the Future Land Use Map Amendment of Commercial and to reflect the commercial designation given this property in the recently adopted Downtown Master Plan. At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the proposal, the Planning and Zoning Board voted 4-2 (Krall & Warner dissenting, Randolph absent) to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Michael Weiner~ representing the applicant {1000 Atlantic Avenue Partners~ L.P.)~ entered his r6sum6 into the record and pointed out with respect to actions fo, corrective zoning and stated those are a matter of law and an attorney can testify as to what is legal. Therefore, Mr. Weiner stated under those circumstances, the testimony of an attorney is appropriate and he urged the Commission to support this ordinance. Mr. Weiner had no questions for staff and staffhad no questions for Mr. Weiner. There being no one else who wished to address the Commission regarding the rezoning, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 21-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Schmidt announced for members of the public who were not here before 7:00 p.m. that the Commission did take some comment on non-agenda items. Mayor Schmidt invited those individuals from the public who have not had the opportunity to speak earlier on non-agenda items to step forward and address the Commission. ll.B.6. John Bennett~ 137 Seabreeze Avenue~ commented that on Sunday in church the monthly prayer for peace started off with the words "I speak only words that uplift and inspire others..." Mr. Bennett stated this reminded him of a City of Delray Beach Proclamation -20- 06/18/02 regarding civility and quoted one of the clauses which states "whereas displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevents fair discussion of the issues, and can discourage individuals from participation in government." In summary, Mr. Bennett read into the record a quote by Winston Churchill. ll.B.7. Rita Ellis~ 512 Andrews Avenue~ thanked the Commission for reappointing her to the Downtown Development Authority and stated she is very proud to serve on this Board. Secondly, Mrs. Ellis stated she is a member of the Beach Property Owners' Association (BPOA) and commented that the reason the Commission received numerous calls and emails was a result of a newsletter that the BPOA sent out. Mrs. Ellis feels the newsletter was misleading and left out a lot of information that the members of the organization should have had. Mrs. Ellis stated she is going to do everything she can to see that the members at least have some input before these items are sent out. 13. Comments and Inquiries on Non-Agenda Items. 13.A. agenda items. Cit~ Manager. Joseph Safford, Acting City Manager, had no comments or inquiries on non- 13.B. City Attorney. The City Attorney asked for the permission to extend the lease for the Pious Society for 45 days because their lease expires June 30, 2002 and they need a little more time to get their items removed off the Barwick properties. Mr. Levinson suggested that the City be sure to have an access capacity. 13.C. 13.C.1. City Commission. Commissioner Levinson Mr. Levinson stated he attended the NW/SW Neighborhood Plan kick-off and feels it was terrific. Mr. Levinson stated the people who were there from the neighborhoods were very excited about the prospects of helping to design a mini Charrette. Furthermore, Mr. Levinson stated the event was well attended and noted that the demographics were good. Secondly, Mr. Levinson stated he feels Joe Safford, Acting City Manager, has done a great job. Mr. Levinson extended thanks to Janie Ramirez about the Cinco de Mayo Festival and stated it was a great event. He extended a special thanks to Janie Ramirez for the "Thank You" party for the sponsors and commented it was equally as good. -21- 06/18/02 Mr. Lewnson wished everyone who is a father a Happy Father s y' Mr. Levinson stated he attended a kick-off for the Work Force Development Program at Bump Mitchell's church that is being done in conjunction with six churches and the business community. Mr. Levinson stated the program is for twelve weeks two nights a week and is both spiritual as well as functional. Mr. Levinson encouraged the City to talk to Regina Scott, Weed & Seed Program, about opportunities we may have in the City for these young individuals. Mr. Levinson stated they have mentoring opportunities, employment opportunities and internships. 13.C.2. Commi.~sioner McCarthy Ms. McCarthy stated there were some wonderful events that were put on for "Thank You" and~or community growth in participation and commented that it is becoming exciting. Ms. McCarthy stated people are duplicating things that have been successful and commented that the leaders of the community are really taking charge. Secondly, Ms. McCarthy stated she has seen and read repeatedly how the Commission is held to higher standards, etc. and commented that the Commission realizes and understands this. In addition, Ms. McCarthy stated she believes that citizens, representatives, and leaders for organizations are held to higher standards as well. Ms. McCarthy stated she is hopeful that these leaders would take the time to make sure that more than one perspective of an issue is presented so that when they are informing others of details, they can make their decisions, and that they are making fair decisions for themselves. Furthermore, Ms. McCarthy stated leadership does not mean dictating what people should say, do, think or feel. Ms. McCarthy invited the leaders of organizations and associations within the City to step up to the podium and give fair input. Ms. McCarthy stated when she takes the time to respond to someone and asks them to please explain what their concern is that person does not know how to respond because they are just following verbiage that was given to them and she feels this does not lead for good decision making. 13.C.3. Mayor Schmidt Mayor Schmidt stated he concurs with comments expressed by Ms. McCarthy and publicly announced that he was angry yesterday because he felt that he was spending a lot of time responding to emails where people did not have as much information that could have been given to them by the organizations that sent it out. Mayor Schmidt continued to state that there are things being sent to the public by organizations where they are asked to contact the Commission via telephone calls and emails. Mayor Schmidt stated he does not know what they are talking about because the organization does not have the courtesy to send him a copy of what they are sending to their members. Therefore, Mayor Schmidt stated he requests that the organizations have the courtesy to send him what is being sent to their members so that when he is asked to respond he has it in fi'ont of him. Secondly, Mayor Schmidt stated there was a meeting today with some of the administrators of the Post Office and has been informed that due to the financial position of the -22- 06/18/02 Post Office, they are not in a position to try and relocate the Post Office downtown. Mayor Schmidt explained that they are proposing that there be a contract for the retail portion of the Post Office business to remain in town. It would be supervised by the Post Office, but a private entity would operate it. Mr. Levinson asked Mayor Schmidt if he means a branch similar to one on Linton Boulevard where they contract with a store. In response, Mayor Schmidt stated we would probably want a stand alone operation that would just be the Post Office as opposed to being in a Hallmark store. Mr. Levinson asked if they have ever used a Mailboxes, etc. In response, Mayor Schmidt stated there used to be a Post Office facility in Atlantic Plaza but it was not successful. Mayor Schmidt stated there is certain signage that would have to be put up and he is not sure if it would be compatible with a Mailboxes, etc. type operation. 13.C.4. Commissioner Perlman Mr. Perlman stated he concurs with comments expressed by the Commission and feels the use of the word "civility" is very interesting. Mr. Perlman stated he feels civility would be given the benefit of the doubt and a courtesy phone call, before large groups of people are incited to take action. Mr. Perlman stated he received very good feedback when these people realized that the Commission is not striking "village by-the sea" from the Comprehensive Plan. Mr. Perlman stated he believes the success of Delray is that we work cooperatively and collaboratively. Mr. Perlman stated he would like to see the relationships with these organizations rebuilt and see civility restored. Secondly, Mr. Perlman stated he attended the Cinco de Mayo Appreciation and feels it was well attended. Mr. Perlman stated he also attended the NW/SW Neighborhood Plan and commented that it was very gratifying. Mr. Perlman stated there are a lot of expectations in the neighborhood and feels there was some excellent input. Mr. Perlman feels this is a great opportunity for the Commission to deliver for this neighborhood. Mr. Perlman stated he went to the opening of Seed Tech at Carver Estates and commented he was excited to see the computers and classes being offered. Mr. Perlman stated Regina Scott with the Weed & Seed Program had an idea to expand the program to Pompey Park for people who want to become computer savvy. Mr. Perlman stated that he attend the Dad and Daughter Date Night and commented that there were close to 200 people in attendance. Mr. Perlman commended Danielle Gallo, Recreation Supervisor III, and the Parks and Recreation Department for a fabulous night. 13.C.5. Commissioner Archer Mrs. Archer stated she concurs with comments expressed by the Commission and commented that she received a comment from New York about the "village by-the-sea". -23- 06/18/02 Secondly, Mrs. Archer stated she too attended the NW/SW Neighborhood Plan and agrees there is a lot of hope and feels the plan should be implemented effectively. Mrs. Archer concurred with comments expressed by Mr. Perlman and urged the Commission to deliver for this neighborhood. Mrs. Archer stated she attended the Cinco de Mayo Festival and commented that it is wonderful to see the cultural aspects of the City blooming. Mrs. Archer concurred with comments expressed by Ms. McCarthy with regard to the "village by-the-sea". Mrs. Archer stated she had the opportunity to attend the Branding Meeting yesterday from a firm from New Zealand and commented that the presentation was very good. Mrs. Archer stated she would like to advise the Commission in advance that there is a possibility she may not be present for the July 2nd City Commission Meeting. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:20 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 June 18, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk -24- 06/18/02 NOTE TO READE. R: 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 to the Minutes as set forth above. -25- 06/18/02 TO: THRU: FROM: SUBJECT: PA{JL"-I~ORLII~ DIJ~I~CTOR OF PLANNING AND ZONING N~NI,~/', S E~OR p LANN ER MI~ETING OF JULY 2, 2002 *CONSENT AGENDA· ABANDONMENT OF A PORTION OF ROYAL PALM BOULEVARD, LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY (u.S. 1) APPROXIMATELY 3,600 FT. SOUTH OF GULF STREAM BOULEVARD, IN CONJUNCTION WITH OLD PALM GROVE DEVELOPMENT. The request involves abandoning a 553' x 60' rectangular shaped parcel, containing approximately 27,501 square feet (0.63 acre). The parcel represents the remaining public portion of Royal Palm Boulevard right-of- way, Royal Palm Boulevard east of the proposed abandonment area (the northerly projection of Lot 11, Block B, Plat No. 3 of Royal Palm Gardens), has been abandoned and incorporated into the plat of "Estuary I1" as a private roadway in February of 2002. The abandonment of right-of-way request was submitted by New Urban/RFC Developers, LLC. The applicant intends to paver brick the abandonment area and use the road as access for a proposed residential development called Old Palm GrOve Village, which recently received Master Plan Approval. Currently, the subject parcel is improved and functions as a public road. The City's Environmental Services Department and Florida Power & Light have identified facilities within the subject area. A utility easement and ingress/egress easement will be retained over the entire abandonment area. At the City Commission Meeting of March 19, 2002, Resolution No. 26-02 was approved which finalized the Roya Pa m Boulevard Special Assessment District. This special assessment district was created in order to share the cost for recently constructed improvements to Royal Palm Boulevard between the City of Delray Beach, the Community Redevelopment Agency, and the adjacent property owners (The Estuary, Estuary II, and New Urban/RFC Developers). The DSMG (Department Services Management Group) considered the abandonment at its May 2, 2002 meeting and discussed the appropriateness of abandonment given the recent expenditure of $34,314.00 by the City on this improvement. The Community Redevelopment Agency (CRA) considered the abandonment at its May 23, 2002 meeting and discussed the appropriateness of abandonment given the recent expenditure of $30,138.00 by the CRA on this improvement. The applicant is aware of the concerns of both the DSMG and the CRA with respect to the amount of public money recently invested in this roadway. The applicant has offered to reimburse the City and the CRA for those amounts. At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning this item. After reviewing the staff report and further discussion, the Board voted 5-0 to recommend approval subject to conditions. By motion, approve the abandonment of the remaining portion of Royal Palm Boulevard right-of-way and reserve a utility and ingress/egress easement over the entire abandonment area based upon positive findings with respect to LDR Section 2.4.6(O)(5). Attachments: · Abandonment Resolution ,, Planning & Zoning Staff Report of May 20, 2002 S:\ p&z~boa rds~cltycommission~Royal Palm BIvd -Aban-CCDoc.doc RESOLUTION NO. 55-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DrJ.RAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF ROYAL PALM BOULEVARD RIGHT-OF-WAY, LYING EAST OF FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT AND AN INGRESS/EGRESS EASEMENT FOR PUBLIC ACCESS OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of Royal Palm Boulevard Right-of-Way, as more partic,~larly described herein (See Exhibit "A"); and WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on May 20, 2002, and voted 5-0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement and an ingress/egress easement for the general public be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entke area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public uflities whether owned by the City or private corporations as well as an ingress/egress easement over the entire area thereof, as more partio~l~rly described herein, for general public access. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: RES. NO. 55-02 Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all fight and interest it holds to the following real property for fight-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, as well as an ingress/egress easement for access by the general public over the entire area thereof, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the day of 2002. ATI',i~ST: MAYOR City Clerk 2 RES. NO. 55-02 Exhibit "A" A portion of Royal Palm Boulevard lying west of the northerly projection of the east line of lot 11, block B, according to the plat of "Plat No. 3, Royal Palm Gardens" as recorded in plat book 21 at page 57 of the public records of Palm Beach County, Florida, being more partio,hrly described as follows: Beginning at the northeast comer of lot 11 in block "B" of said plat: thence due west (basis of bearings) along the south right of way of said Royal p~lm Boulevard 553.75 feet to the east right of way of Federal Highway (State Road No. 5): thence north 8o29'00" east along said right of way of Federal Highway, 50.55 feet to the southwest comer of lot 3 in Block "A" of said plat and the north right of way of said Royal Palm Boulevard: thence due east along the north right of way of said Royal Palm Boulevard 546.29 feet: thence due south 50.0 feet to the point of beginning. Said lands situate, lying and being in Palm Beach County, Florida and containing 27,501 square feet more or less. 3 RES. NO. 55-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 20, 2002 IV.J. Abandonment of a Remaining 550' Portion of Royal Palm Boulevard, Located on The East Side of North Federal Highway (U.S. 1), Approximately Halfway Between Gulf Stream Boulevard and George Bush Boulevard (N.E. 8t~ Street). GENERAL DATA: Owner ................................... General Public AgentJApplicant ....................... New Urban / RFC Developers, LLC. Location ...................................... Royal Palm Boulevard right-of-way Property Size .............................. 0.63 Acre Adjacent Zoning ................ North: RM (Multiple Family Residential-Medium Density) & PRD East: RM South: PRD West: GC (General Commercial) Existing Land Use ...................... Improved right-of-way Proposed Land Use .................... Abandonment of the remaining portion of Royal Palm Boulevard to be incorporated as part of Old Palm Grove Village Development. Water Service ............................. N/A Sewer Service ............................. N/A IV.J, The item before the Board is that of making a recommendation to the.City Commission on the proposed abandonment of a 553' x 50' portion of Royal Palm Boulevard, located on the east side of North Federal Highway (U.S. 1), approximately 3,600 feet south of Gulf Stream Boulevard. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The subject parcel is located on the east side of North Federal Highway (U.S. 1), approximately halfway between Gulf Stream Boulevard and George Bush Boulevard (N.E. 8th Street). Royal Palm Boulevard was dedicated with the recordation of Plat No. 3, Royal Palm Gardens (Plat Book 21, Page 57, of the Public Records of Palm Beach County, Florida) in January of 1947. Currently the subject pamel is improved, and functions as a public road. Royal Palm Boulevard east of the proposed abandonment area (the northerly projection of Lot 11, Block B, Plat No. 3 of Royal Palm Gardens), has been abandoned and incorporated into "The Estuary" and 'q'he Estuary Il" Development as private roadway access. Earlier this year, the City Commission adopted Resolution No. 26-02 which established the Royal Palm Boulevard Special Assessment District. The Royal Palm Special Assessment District was created in order to share the cost for Royal Palm Boulevard street improvements between the City of Delray Beach, The Community Redevelopment Agency (CRA), and the adjacent property owners. The total cost for the street improvement was $124,728.00. The CRA contributed $30,138.00, the adjacent property owners (Estuary II and The Estuary Development) contributed $60,276.00 and the City of Delray Beach contributed the remainder of the cost. The subject area is a 553' x 50' rectangular shaped parcel, containing 27,501 square feet (0.63 acre). The parcel represents the remaining public portion of Royal Palm Boulevard right-of-way. The abandonment of right-of-way request was submitted by New Urban/RFC Developers, LLC. The applicant intends to incorporate the abandonment area into a proposed residenti'al development consisting of single family homes and townhouse units called Old Palm Grove Village which is currently under review for Site Plan Approval. Planning and Zoning Board Staff Report Royal Palm Boulevard Abandonment Page 2 Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and retumed equally to abutting parcels). The proposed abandonment portion of Royal Palm Boulevard is directly abutting Lots 3 through 11, Block A; Lots 8 through 11, Block B and Lot 25, Block B of Plat No. 3, Royal Palm Gardens~ By vacating this right-of-way, all lots mentioned previously are entitled to one half of this parcel divided equally at the center line. The applicant is entitled to the majority of the abandonment area with the exception of the area south of Lots 6 through 11, Block A. This one half portion of the abandonment area (25' x 300') will be returned to the "Estuary I1" development property owners to the north. Since the applicant is seeking the entire abandonment area to incorporate it into the proposed Old Palm Grove Village Development, an agreement to purchase the property from the owners of the Estuary II will have to be executed. Utility Services The Environmental Services Department (ESD) has identified water & sewer facilities in the subject area. ESD has requested a replacement utility easement, to cover existing and planned facilities. Florida Power & Light (FP&L) has identified existing poles and street light facilities along the north right-of-way of Royal Palm Boulevard. FP&L has requested a 10' wide easement be provided over their existing facilities. Adelphia, BellSouth and Flodda Public Utilities Company have reviewed the proposed abandonment and have no objection. Pursuant to LDR Section 2.4.6(O)(5), prior to any fight-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Royal Palm Boulevard is a dead end road, with its western terminus being North Federal Highway (U.S. 1) and its eastern limit being the private roads within the Estuary II townhouse development. Currently, Royal Palm Boulevard functions as public access to a' private road. Once Old Palm Grove Village Development is constructed, the subject parcel will be Planning and Zoning Board Staff Report Royal Palm Boulevard Abandonment Page 3 surrounded by private development and as long as access rights for the private property owner across the abandonment area are retained through an ingress/egress easement, there will not be public need for the roadway. B) That the abandonment does not, nor will not, prevent access to a lot of record. The City will require the dedication of an ingress/egress easement over the entire abandonment area as a condition of approval. The abandonment will not prevent access to any parcel as long as this ingress/egress easement is dedicated. C) That the abandonment will not result in a detriment to the provision of access and/or utility services to adjacent properties or the general area. All utilities currently located in the subject area will remain as they exist. As a condition of approval a utility easement over the entire abandonment area will be retained for maintenance and improvement purposes. The abandonment proposal is not within the geographical area requiring review by H.P.B. (Historic Preservation Board), or the D.D.A. (Downtown Development Authority). The abandonment proposal is within the C.R.A. (Community Redevelopment Agency) geographical area and is scheduled for the next CRA Board Meeting to be held on May 23, 2002. Discussion will be held as to whether the CRA would like to be reimbursed for their portion of Royal Palm Boulevard road construction. The DSMG (Department Services Management Group) considered the abandonment at its May 2, 2002 meeting. The City's Share of the improvement was discussed. It was the consensus that the applicant reimburse the City for the amount expended on the actual road improvements ($34,314.00). As the City is to retain ownership of the other infrastructures (utilities), no reimbursement will be required for these improvements. The DSMG recommended approval subject to the following; 1. Reimbursement to the City the amount paid for that portion of the road construction, and 2. A utility and access easement will be retained over the entire abandonment area, and 3. No gate will be constructed without the written consent from the Estuary and Estuary II Developments. Planning and Zonin. g Board Staff Report Royal Palm Boulevard Abandonment Page 4 Courtesy Notices: Courtesy notices have been provided to the following: 0 PROD (Progressive Residents of Delray) La Hacienda Homeowners Association Kokomo Key Homeowners Association Presidents Council North Palm Trail Homeowners Association Town of Gulf Stream Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. The public portion of Royal Palm Boulevard currently functions as public right-of- way leading to a private development. With the construction of Old Palm Grove Village in the near future, this public right-of-way will be surrounded by private development (Old Palm Grove Village, Estuary II and The Estuary). The public need for the right-of-way is therefore limited. By retaining a utility easement and dedicating an ingress/egress over the entire abandonment area, all future access for private property owners, their guests and utility needs will be accommodated. 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5) with conditions. 3. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). By motion, recommend to the City Commission approval of the i~bandonment of the remaining 553' x 50' public portion of Royal Palm Boulevard right-of-way, based upon positive findings with respect to LDR Section 2.4.6(O)(5), subject to the following conditions: 1. The Official Resolution abandoning the subject area includes language which establishes a utility easement and ingress/egress easement over the entire abandonment area, and Plann ng and Zoniqg Board Staff Report Royal Palm Boulevard Abandonment Page 5 2. Reimbursement to the City the sum of $34,314.00 for the recent roadway construction for Royal Palm Boulevard, and 3. Reimbursement to the CRA the sum of $30,138.00 for their amount expended on the recent roadway construction (dependent upon the CRA Board's decision scheduled for May 23, 2002), and 4. No gate shall be constructed anywhere within the abandonment area without the written consent of The Estuary and Estuary II developments. Attachments: · Location Map · Reduced Survey File: S:\Planning&Zoning\Boards\P&Z Board\Royal Palm Boulevard.doc ~'~ ~1~;- 4/ ~ / -~ // /'~/' ~ ~ ~ ~ ,,///,,///r - Il I ~ I , LAKE A~NUE N. l~ ,,k/L [ ~ H ~,~ ,' ,//,i/~ '/' N ROYAL PALM BOULEVARD ABANDONMENT - PORTION PROPOSED FO~ ~ANDONMENT CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVID T.~E~ MANAGER NGUYEN I'I~N~ENIOR PLANNER MEETING OF JULY 2, 2002 *CONSENT AGENDA* ABANDONMENT OF A 24' PUBLIC ACCESS EASEMENT WITHIN THE CORNICHE REPLAT (PB 76, PG 97), LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY, APPROXIMATELY 800' SOUTH OF S.E. t0TM STREET. In April of 1986, a triangular shaped parcel of land located on the east side of Federal Highway, approximately 800' north of S.E. 10th Street, was platted and titled "The Corniche" (PB 53, PG 28). An 18-foot wide access easement was located 42-feet south of the north line of this plat. This access easement was needed for ingress/egress to the FIND parcel to the east of this plat. In December of 1995, the same triangular shaped parcel of land was replatted by 'q'he Comiche Replat" (PB 76, PG 97). The 18-foot wide access easement was rededicated as a 24-foot wide public access easement and relocated to the north 24' of the plat. This newly created 24-foot public access easement was dedicated to the City of Delray Beach for access and recreational purposes. In March of 1997, the same triangular shaped parcel of land was replatted again by "The Corniche Replat 1" (PB 79, PG 50). The 24-foot public access easement was replaced with the dedication of Tract "A" and relocated on the south 24' of the plat. Tract "A' is dedicated to the City of Delray Beach for public access and recreational purposes to Lot 27, Block 2 of the Model Land Co. Subdivision (a.k.a. the FIND Parcel). The City Attorney's Office is of the opinion that any easement created by plat can be abandoned by a replat. According to this interpretation, the City does not acknowledge the existence of the 24' public access easement found on the second replat (The Comiche Replat). The abandonment request was submitted by J. Daniel Brede, P.A. on behalf of the owner, Project Strategies Corporation. Mr. Brede, the attorney for Project Strategies Corporation, does not agree with the interpretation made by the City Attorney's Office and therefore is requesting the abandonment of the subject parcel through special instrument (City Resolution). Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City Commission granting an abandonment: The abandonment will not result in the detrfment for the provision of utility services to the adjacent properties or the general area. The City's Environmental Services Department (water & sewer service), Florida Public Utilities Company (gas service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the request, and have no objection to the abandonment. I RECOMME.DED ACTED.I By motion, approve the abandonment of a 24' public access easement located within The Comiche Replat (PB 76, PG 97), based upon positive findings with respect to LDR Section 2.4.6(P)(5). Attachments: · Abandonment Resolution · Location Map · Survey and Legal Description RESOLUTION NO. 56-O2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 24' ACCESS EASEMENT LOCATED ADJACENT TO NORTHBOUND FEDERAL HIGHWAY ON THE EAST SIDE AND JUST SOUTH OF KNOWLES PARK, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 24' access easement for public recreation purposes located adjacent to northbound Federal Highway on the east side and just south of Knowles Park; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS.. Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Statutes, it is following real Section 2. That pursuant to Section 177.101(5) and Chapter 166 of the Florida hereby determined to vacate and abandon all right and interest it holds to the property, more particularly described as follows: A 24 foot wide access easement, to be used for recreational purposes, said easement being described as the north 24 feet of the plat 'Tne Corniche Replat', as recorded in Plat Book 76, Page 97, of the Public Records of Palm Beach County, Florida. Said lands containing 547 square feet (0.125 acres) more or less and being subject to easements and rights of way of record. PASSED AND ADOPTED in regular session on this the __ day of July, 2002. ATTEST: MAYOR City Clerk Res. No. 56.02 .~1 I I F IL I t, [ ) L~_~T.~~ S.E. lOTH - ~ // FLORANDA ~P PR~[I / Z~ % ~ ON PRWIOUS P~T s.[. ~2TH ~D./ Z~ :e~ .......... ~ / ~ ~~~ / ~/ ~ ~ ~ DOMAINE / / ~ ~ / / ~o~s ~ ~ N ~ ABANDONMENT OF A 24' PUBLIC ACCESS EASEMENT .TO: THRU: FROM: SUBJECT: NGUYEN TRAN, SERIOR PLANNER "?~ ~ MEETING OF JULY 2, 2002 *CONSENT'AGENDA* ABANDONMENT OF A pORTION OF THE EAST,WEST ALLEY RIGHT-OF-WAY, LOCATED ON THE NORTH SIDE OF LOT 6, BLOCK 6OF WHIDDEN'S SUBDIVISION. The request involves abandoning a 50' x 11' portion of alley right-of-way, adjacent to Lot 6, Block 6 of Whidden's Subdivision (Plat Book 2, page 58), located on the east side of N.W. 11th Avenue, north of West Atlantic Avenue. The subject alleyway consists of 550 total square feet (0.013 acre) and represents the south 11-feet of a 27-foot alleyway, adjacent to Lot 6. In December of 1925, Whidden's Subdivision (excluding Lots 1 & 6, Block 6) was replatted with the recordation of the plat of Atlantic Pines. The plat of Atlantic Pines shifted the entire block to the north approximately eleven (11) feet with the exception of Lots 1 & 6, Block 6 of Whidden's Subdivision. A new 16' east/west alleyway was dedicated through the plat of Atlantic Pines leaVing 27-feet of alley right-of-way (11' existing + 16' New) on the north side of Lots 1 & 6, Block 6 of Whidden's Subdivision. The abandonment request was submitted by the owner of Lot 6, Block 6 of Whidden's Subdivision. By abandoning this area, the applicant will receive the entire abandonment area since Lot 6, Block 6 is the only abutting lot remaining from the plat which dedicated this portion of alley right-of-way. Presently, the abandonment area is unimproved and the adjacent 16' east/west alleyway to the north is mulched. The applicant intends to aggregate the abandonment area to be used as parking for a future development. The City's Environmental Services Department (water & sewer service), Ftor~da Public Utilities Company (gas service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the request, and have no objection to the abandonment. At its meeting of June 17, 2002, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning the proposed abandonment. After reviewing the staff report and discussion, the Board voted 5-0 to recommend approval (Krall & Sowards absent). By motion, approve the abandonment of a 50' x 11' portion of an east-west alley right-of-way located on the north side of Lot 6, Block 6 of Whidden's Subdivision based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of June 17, 2002 $:t p&ZV~oards~citycommission~Ma#ano Center Alley Aband-cc. doc RESOLUTION NO. $7-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA VACATING AND ABANDONING THE EAST/WEST ALLEY LYING NORTH OF AND ADJACENT TO LOT 6, BLOCK 6, WHIDDEN'S SUBDIVISION, AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A". VOtEREAS, the City of Dekay Beach, Florida received an application for abandonment of the eleven foot (11') alley right-of-way lying north of and adjacent to Lot 6, Block 6, Whidden's Subdivision, as more particularly described in Exhibit "A", attached hereto; said Lot 6 being located at the Northeast comer of West Atlantic Avenue and N.W. 11th Avenue; and WHEREAS, the application for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of D ekay Beach; and WHEREAS, pursuant to LDR Section 2.4.6(0)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on June 17, 2002 and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5), and subject to conditions; and WHEREAS, the City Commission of the City of Dekay Beach, Florida finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right-of-way based upon positive findings pursuant to LDR Section 2.4.6(0)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. reference. The foregoing recitals are hereby incorporated herein by this Section 2. That pursuant to Section 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds tO the following real property, described in Exhibit "A". PASSED AND ADOPTED in regular session on this the __ day of July, 2002. ATTEST: MAYOR City Clerk Exhibit "A" That portion of the 15 foot alley right of way lying north of and adjacent to Lot 6, Block 6, Whidden's Subdivision, according to the plat thereof as recorded in Plat Book 2, Page 58 of the Public Records of Palm Beach County, Florida, lying south of the westward extension of the north line of Lot 7, Block 2, Atlantic Pines, according to the plat thereof as recorded in Plat Book 13, Page 77 of the Public Records of Palm Beach County, Florida. Said lands situate, lying and being in Palm Beach County, Florida and containing 550 square feet more or less. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: June 17, 2002 IV'.B.' Abandonment of a 50' x 11' Portion of East-West Alley Right-Of-Way Lying on the East Side of N.W. 11th Avenue, North of West Atlantic - Avenue Within the Whidden's Subdivision. ATLANTIC AVENUE N GENERAL DATA: East: South: West: Existing Land Use .......... Proposed Land Use ........ Owner ............................. General Public Applicant ........................ Jonathan Mariano Agent .............................. Lloyd Hasner Location ..................... ~ .... East side of N.W. 11th Avenue, north of West Atlantic Avenue Within the Whidden's Subdivision. Property Size .................. 550 sq. ft. (0.013 Acre) Future Land Use Map ..... General Commercial Current Zoning ............... GC (General Commercial) Adjacent Zoning....North: GC GC GC GC Unimproved right-of-way Abandonment of an excess 11' x 50' portion of alleyway to be incorporated into a future development. Water Service ................. N/A Sewer Service ................ N/A ., IV.B. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of an 11' x 50' portion of alley right- of-way within Whidden's Subdivision (Plat Book 2, Page 58), located on the north side of West Atlantic Avenue, adjacent to and east of N.W. 11th Avenue. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The 15' east/west alleyway was originally dedicated with the recordation of the plat of Whidden's Subdivision (Plat Book 2, Page 58) in October of 1912. In December of 1925, Whidden's Subdivision (excluding Lots 1 & 6, Block 6) was replatted with the recordation of the plat of Atlantic Pines (Plat Book 13, Page 77). The plat of Atlantic Pines shifted the entire block to the north approximately eleven (11) feet with the exception of Lots 1 & 6, Block 6 of Whidden's Subdivision. A new 16' east/west alleyway was dedicated through the plat of Atlantic Pines leaving an additional 11' of alley right-of-way on the north side of Lots 1 & 6, Block 6 of Whidden's Subdivision. Currently the subject property is vacant and the entire east/west alleyway is mulched. ABANDONMENT DESCRIPTION :.':, I The portion of alleyway proposed for abandonment is an 11' x 50' rectangular shaped parcel containing approximately 550 square feet (0.013 acre). The abandonment area represents one leftover portion of alley right-of-way that has been excluded from the replat of the entire block. The abandonment request was submitted by the owner of Lot 6, Block 6 of Whidden's Subdivision. Lots 1 & 6, Block 6 of Whidden's Subdivision and Lots 2 through 5 of Atlantic Pines Subdivision are currently vacant. The applicant intends to aggregate the subject area to be used as parking for a future development. Currently, no future development plans have been submitted. Planning and Zoning Board Staff Report Mariano Center AlJandonment Page 2 II :'.:'-' .', · ' · ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(O)(1), public right-of, way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, Le. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. The proposed abandonment area was originally dedicated from Whidden's Subdivision. The abutting properties were Lot 6, Block 6 and Lot 12, Block 2 of Whidden's Subdivision. With the replat of Whidden's Subdivision by the plat of Atlantic Pines, Lot 6, Block 6 is the only abutting lot remaining from the original plat which dedicated this portion of alley right-of-way. By abandoning this area, the applicant will benefit from the entire abandonment area. Utility Services The City's Environmental Services Department (ESD) and Fire Department and the have also reviewed the request and have no objection to the abandonment. Florida Power & Light, Adelphia Cable, BellSouth, and the Florida Public Utilities Company have also reviewed the request and have no objection. · REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(O)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. The 11' x 50' portion of alleyway proposed for abandonment is additional to an existing 16' east/west alleyway. The City has no plans to utilize this portion of alleyway for any other public purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject abandonment will not prevent access to any parcel, as all affected parcels will still have secondary access from an existing 16' east/west alleyway. Planning and Zoning Board Staff Report Martano Center Abandonment Page 3 C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. NO utilities have been located within the abandonment area. REVIEW BY OTHERS The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency. The proposed abandonment is not within the geographical area requiring review by the DDA (Downtown Development Authority) or HPB (Historic Preservation Board). Community Redevelopment Aqency The CRA reviewed this abandonment request at its meeting of May 23, 2002 and recommended "Approval". Courtesy Notices: Courtesy notices have been provided to the following groups: 0 PROD - Progressive Residents of Delray Presidents Council West Side Heights Homeowners Association Gateway Homeowners Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. As previously mentioned, the abandonment area is in addition to an existing 16' east/west alley fight-of-way. The subject area is not needed nor will it be needed for any public purpose. Access will not be prevented to any lot of record and no utilities currently exist. By vacating this area and aggregating it with the abutting property (Lot 6, Block 6 of Whidden's Subdivision), the potential for a better development is created. Planning and Zoning Board Staff Report Mariano Center Abandonment Page 4 1. 2. ALTERNATIVE ACTIONS C~)ntinue with direction. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(O)(5). Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(O)(5). By motion, recommend to the City Commission approval of the abandonment of the 11' x 50' portion of alleyway, lying within Whidden's Subdivision, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: · Location Map · Reduced Survey File: S:\Planning&Zoning\Boards\P&Z~tafiano Center Alley Aba .ndonment.doc S.W. lST ST. ~ ABANDONMENT OF ALLEYWAY a. or ~.u~,'~ ~:^CH, ~ (11' X 50' PORTION OF ALLEYWAY. WITHIN WHIDDEN'S SUBDIVISION, PB 2, PG 58) TO: THRU: FROM: SUBJECT: DAVII~.~D ~ANAGER pAUL'DO-RLING, DIREC~R OF PLANN.~.~D, ZO,~I[NG DAN MARFINO, PRINCIPAL PLANNER MEETING OF JULY 2, 2002 *CONSENT AGENDA* ABANDONMENT OF TRACT "A", OF THE PLAT OF LAVER'S NORTH, LOCATED ON THE EAST SIDE OF S.W. 10TM AVENUE, APPROXIMATELY 240- FEET SOUTH'OF LINTON BOULEVARD. The subject parcel is located in the northwest comer of the plat of Laver's North (Plat Book 43, Page 92, of the Public Records of'Palm Beach County, Florida), and is adjacent to S.VV. 10th Avenue (to the west), and Laver's International Plaza (to the north). Tract "A" was dedicated with the recordation of the plat of Laver's North, to the City of Delray Beach for the purposes of a municipal water supply tank and related facilities, in October of 1981. Tract "A" is an irregularly shaped parcel containing 21,678 square feet (0.498 acres), and is currently unimproved. The Environmental Services Department (ESD) has identified underground facilities in the southeast corner of the subject abandonment area. In order to accommodate these facilities, a general utility easement will be'retained over a small portion Tract "A". As Tract "A" was not dedicated as public right-of-way, this abandonment is being processed under the City's home rule powers in a manner analogous pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The City, pursuant to Florida Statutes Chapter 166, under its home-rule powers has the authority to abandon dedicated properties no longer needed by the City. The action taken during this process is not the assignment of ownership of the subject parcel, instead it is the abandonment of any interest the City of Delray Beach has with respect to the platted dedication (with the exception of the general utility easement reservation). The abandonment request was submitted by the owner of a portion Tract "D" (adjacent to the east and south), the RREEF America Reit II Corporation. The applicant also owns a portion of Tract "C" (adjacent to and south of Tract "D"), which contains the Lincoln Park at Delray Apartments. lNG BOARD CONSI At its meeting of December 17, 2001, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning the proposed abandonment. After reviewing the staff report and discussion, the Board voted 6 to 0 (Elaine Morris absent), to recommend approval, with the conditions that: 1) The survey of the abandonment area is to be revised to show the exact location of all existing utilities, and 2) General utility easements, at a width acceptable to the utility providers, are retained over identified existing facilities. These conditions have been satisfactorily addressed. By motion, approve the abandonment of right-of-way and accept a replacement easement to cover the existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of December 17, 2001. S:1 p&Ztboards~cilycommissionV-aversNorthCCDoc, doc RESOLUTION NO. 58-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING TRACT "A", OF THE PLAT OF LAVER'S NORTH, LOCATED ON THE EAST SIDE OF S.W. 10TM AVENUE, APPROXIMATELY 240-FEET SOUTH OF LINTON BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT OVER A PORTION OF THE AREA THEREOF, AS MORE pARTICULARLY DESCRIBED HEREIN. abandonment and WHEREAS, the City of Delray Beach, Florida, received an application for of Tract "A", Plat of Layer's North, as more particularly described by Exhibit "A"; WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Developmant Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)03(e), the Planning and Zoning Board, as Local Planning Agency, formally reviexved the matter at a public heating on December 17, 2001, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5), and subject to the condition that a general utility- easement be retained over a portion of the area as described in Exhibit "B"; and WHEREAS, the City Commission of the City- of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said Tract "A", based upon positive findings pursuant to LDR Section 2.4.6(O)(53, but does not abandon and retains and reserves unto itself a general utility easement over a portion of the area thereof, as more particularly described herein (Exhibit "B"), for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FO!.I.OWS: ~ That pursuant to Chapter 177.101(53 and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Cormmssion to vacate and abandon all right and interest it holds to the following real property as described in Exhibit "A", but does not abandon and retains and reserves unto itself a general utility easement over a pordon of the area, as described in Exhibit "B", for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sexvers, drainage facilities, or an3' other facilities Resolution No. 58-02 used for various public utilities xvhether oxvned by the City or private corporations, more particularly described as follows: PASSED AND ADOPTED in regular session on this the day of ,2002. ATTEST: MAYOR City Clerk 2 Resolution No. 58-02 EXHIBIT - A TRACT "A", LAVER'S NORTH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43 AT PAGES 92, 93 AND 94, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. EXHIBIT - B GENERAL UTILITY EASEMENT AREA: A PORTION OF TRACT "A", LAVER'S NORTH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43 AT PAGES 92, 93 AND 94, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "A", SAID POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF S.W. 10TM AVENUE; THENCE N 89d 27' 25" E ALONG THE SOUTH LINE OF SAID TRACT "A" FOR 148.00 FEET TO THE POINT OF BEGINNING FOR THE HEREINAFTER DESCRIBED GENERAL UTILITY EASEMENT; THENCE CONTINUE N 89d 27' 25" E FOR 2.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT "A" BEING A POINT ON A CIRCULAR CURVE, CONCAVE TO THE WEST AND WHOSE RADIUS POINT BEARS N 70d 48' 27" W; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID TRACT "A" BEING A 480.00 FOOT RADIUS CURVE, LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 03d 52' 37" FOR AN ARC DISTANCE OF 32.48 FEET; THENCE DEPARTING SAID EASTERLY BOUNDARY LINE S 89d 27' 25" W, ALONG A LINE PARALLEL WITH SAID SOUTH LINE OF TRACT "A" FOR 10.00 FEET; THENCE S 10d 16' 36" W FOR 12.00 FEET; THENCE S 01d 31' 23" E FOR 19.14 FEET TO THE POINT OF BEGINNING. 3 Resolution No. 58-02 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM # "~ U.. _ REGULAR MEETING OF_IULY 2. 2002 REQUEST FOR SIDEWALK DEFERRAL/1203 POINSETTIA DRIVE DATE: JUNE 28, 2002 The attached agreement is between the City and Williams L. Sax Trustee, in association with the Tropic Supply Warehouse, to allow the waiver of the requirement to construct a sidewalk pursuant to Land Development Regulations Section 6.1.3 (D)(1)(b) within the right-of-way in front of his property until such time as the City requests the sidewalk to be constructed. Currently, there are no sidewalks along Lime Lane and Poinsettia Drive and no plans in the future to install sidewalks. Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk improvements until such time as the City requests the sidewalk to be constructed. S:\City Clerk\chevelle folder\a~nda memos\ SidewalkDe fen'alReques/07.0Z02 TO: THRU: FROM: SUBJECT: D~i)~H A~TY MANAGER PAUL lNG, ~ DORL ;CTOR OF PLANNING AND ZONING ~-.... SCOTT D. PAPE, SENIOR PLANNER/.,'~. ~- ~--~o~~ MEETING OF JULY 2, 2002 APPROVAL OF SIDEWALK DEFERRAL AGREEMENT FOR TROPIC SUPPLY WAREHOUSE (1203 POINSETTIA DRIVE). The action requested of the City Commission is that of acceptance of an agreement between the City and William L. Sax Trustee to allow the deferral of the sidewalk improvements along Poinsettia Drive and Lime Lane associated with Tropic Supply Warehouse. The subject property is located at the northwest corner of Lime Lane and Poinsettia Drive, within the MIC (Mixed Industrial and Commercial) zoning district. At its meeting of April 10, 2002, the Site Plan Review and Appearance Board approved a Class V Site Plan Application for Tropic Supply Warehouse subject to conditions. The proposal includes a 15,107 square foot contractors warehouse and offices. In conjunction with the site plan, the Board approved deferral of the requirement to install a sidewalk along Lime Lane and Poinsettia Drive, provided that the owner enters into an Agreement/Covenant acceptable to the City Attorney to install the sidewalks when required by the City. Currently there are no sidewalks along Lime Lane or Poinsettia Drive. Furthermore, the City does not anticipate installing sidewalks along the local streets within this industrial area within the foreseeable future. Pursuant to LDR Section 6.1.3(D)(2), the requirement for installation of a sidewalk adjacent to the property being developed may be waived during site plan or plat approval. The applicant has submitted a waiver request to defer installation until such time that the City installs sidewalks along these roads. The waiver request was reviewed and supported by the Development Services Management Group (DSMG) and the City Engineer. The attached sidewalk deferral agreement shall run with the land and be binding on the parties' heirs, assigns and successors. The Assistant City Attorney has reviewed and approved the agreement as to form and sufficiency. By motion, approve the sidewalk deferral agreement for Tropic Supply Warehouse. Attachments: Sidewalk Deferral Agreement Location Map AGREEMEI~ FOR SIDEWALK IMPROVEMENTS nas ,IT& a.:- , ~lliam L Sax, Tmst~ . ~ ~c ~), for ~c p~ of ming ci~ ~ ~ ~mhon of ~c ~ by ~ O~. A~, L~d ~velo~ ~aflon S~fion 6_1_3(C) ~ ~c ~on of a hd~ p~tam m ~d D~clo~e~ Rc~fion S~hon 6.1.3~1 )~); m~ ~, ~ o~ m pm~ co~o~ ~ong ~e ~t ~ Ci~ Co~ion vo~ ~ve ~e ~t for ~ ~m of a si~ n~ ~ ~e ~ ~c Ci~ ~q~sm ~e Ov~r cons-'~.u~ ~e side"~ WITNESSETFI NOW, THEREFORE, in wimess of the above and in consideration off~ Cit5, agreeing to waive the ~q. uirem~at for the instsllation of a sidm,ralk, at th~ ~ for ~e PmP~ lo~ed ~: ~t f~ ~ R~Iu~ ~. 91 ~ a~ ~ ~ ~ of ~ay ~, Flo~, ~ ~v~ ZS, 19~9 ~ R~x~ ~ ~Zi~ R~ ~ 6302, P~ 954, o~ ~ p~lic records of Palm Beach Co%tory, Florida. 1. The O~er agrees Io cormamct a sidewalk at its sole cos~ and expense, along the "~oinsetta Drive and 1,~.~ T~n~ fight-of-way abm'ri~g Ibc subj..cz property, wilbin a time period /hat is acceptable m the City., after being ~ases~¢d m do so by the City. The sidewalk: when commmmd, shall me=t all of the curr=m ordinances of thc City of DeLmy Beach. 2. It is tl~ intent of th~ pard~s thai this Agn~mem ~aI! run ~th the land. This Agr~m~m shall be xzmordexi ~ the public records of Palm Beach County, Florida and shall be bhading on the pamcs legal mpreseatatives, heirs, s~eessors and ~s~gns. TN ~/'~J'~J~S$ ~ ~/~='P~OF, the parfir~ m this agreem~t s~ their hands and se.~s th_is /'lA oe _, 'WI I~ESSES: WiJliam L. Sax, Trustee (name printed of typed written) 230 Old Keller Farm Road, Boone, NC 28607 (address) COUNTY OF The foregoing instrument was acknowledged before me this I ~vv~ day of ~Jd£ . 2002 by .William L. Sax, Truste~ (SEAL) Sifinatum of Notary Public ,-,%~,. - ,~. Eb'~-O '~ State of North Camlirta City Clerk Approved as to form and sufficiency: City. Attorney CITY OF DELKAY BEACH, FLORIDA By: Mayor ' ' ~ i ~ E~ __ ~ __ -- ~ .z: -- DELRA Y BEACH S.W. 10~ S~EET PARK TEN I DODGE · MAROONE ~ CONDO " LIN TON BOULEVARD TROPIC SUPPLY WAREHOUSE [ITY OF DELRIi'i' BEII[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: June 24, 2002 MEMORANDUM TO: FROM: City Commissiom Brian Shutt, Assistant City Attorney SUBJECT: Release of Interest in Utility Easement The property owner has requested that the City release any interest it has in an easement deed granting an easement to "any future utility company" for use of an easement. The property owner has already obtained releases of easements from all the local utility companies. The property owner is making this request so as to allow construction on the property. The City does not have any need for this easement. By execution of the attached Quit-Claim deed the City will release any interest that it has in the easement. By copy of this memo to David Harden, our office requests that this item be placed on the July 2, 2002 City Commission agenda for approval. Please call if you have any questions. Attachment CC: David Harden, City Manager ~ Barbara Garito, City Clerk Dan Marfino, Principal Planner ?rcpm*cd by: RETURN: R. Brian Shut~, Esq. City Attorney's Office 200 N.W. 1st Avenue D¢lray Beach, Florida 33444 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this __ day of ., 200_ by CITY OF DELRAY BEACH, a Florida municipal corporation, and having its principal place of business at 100 N.W. 1st Avenue, Delray Beach, Florida 33444, First Party, to: Frances C. Bennett, with an address of 6999 Twin Oaks Circle, Stuart, FL 34997, Second Party: (Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context so admits or requires.) WlTNESSETH, that the said First Party, for and in consideration of the sum of One ($1.00) Dollar in hand paid by the said Second Part),, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: That portion of the 15 foot alley right of way lying north of and adjacent to Lot 18, Block 1, Kenmont, according to the Plat thereof as recorded in Plat Book 20, Page 65 of the Public Records of Palm Beach County, Florida. TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behalf of the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. ATTEST: By: City Clerk CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor Approved as to form: By: City Attorney STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of ,200__, by David Schmidt, as Mayor, of the City of Delray Beach, a Florida municipal corporation, on behalf of the corporation. He/She is personally known to me. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped [ITY OF I)ELRI:IY BEACH CITY ATTORNEY'S OFFICE 1993 DATE: June 24, 2002 TO: City Commissi( FROM: Brian Shutt, As: SUBJECT: Acceptance of! The following easement deed stormwater drainage main. T drainage plan associated witt project. By copy of this memo to Davi July 2, 2002 City Commission Please call if you have any qu~ Attachment CC' David Harden, City M~ Barbara Garito, City C Randal Krejcarek, Assl 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM ;istant City Attorney ;asement Deed from Ted Juracsik Tool & Dye grants to the City the means to construct and maintain a ilS easement is needed in order to complete the stormwater the N.W. 18th Avenue/Marty Fladell Drive construction [ Harden, our office requests that this item be placed on the agenda for acceptance. stions. nager erk City Engineer City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: Brian Shutt Randal L. Krejcarek, P.E./~)~j 29 May 2002 NW t8th Avenue/Marty Fladell Drive Project # 2000-044 Easement Deed for Ted Juracsik CiTY ATTORNEY Attached is an easement deed for a drainage easement along the west edge of Norjac, Parcel B. This easement is for drainage purposes. Even with the potential of purchasing the adjacent property, this easement is still needed. Please review the attached documents and if they are complete, send them to the Clerk to have them recorded. Thanks. enc cc file $:~EngAdmin~Projects~.OOO~2000.O44V_ETTERSVuracsik easmtOl.doc Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 Parcel I.D. # EASEMENT DEED THIS INDENTURE, made this ~ day of ~EpTE~i~-J~, 200_/, by and between ~--Cr) ~J,~.~(.5 ~1~ ~-~t~[ c~tG , with a mailing address of *2,55 kg. (c~'c~r&-%5 .,5~.c- 'Dec~4,/ i'~cq ('t; 33~4c/% , party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a non- exclusive right of way and perpetual non-exclusive easement for the purpose of: installation and maintenance of a stormwater drainage main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such stormwater drainage main under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, m-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: (name printed or typed) ITNESS g2~ x (name printed or typed) ~HE FIRST/~ By: ,/~l? ~..n.,~,_~.~ ; \ Print Nam~) ,J~ A c5~1( (aadress) 33 V6- STATE OF ~'1o c ~ ~ c~ COUNTY OF ~ ~ The foregoing i~t~_~mment was acknowledged before me this t~ day of (~ame of o~cer or agent, title of o~cer or agent), of ~ ~,~ (~e of co~oration ac~owledging), a ~ ~ ~ ~ ~ or ~f inco~oration) co~oration, on behalf of ~e co~oration. He/She is ~ers~lly ~own~or has produced (~pe of identification) ~s identification. ~ ~ ~ig~re of Pe~sdn~ing Ac~owledgment ~ ~,~., ,~ame Typed, Printed or Stumped 2 ~ L. VK.O.D. OANAL ~-4 t I S. 18°26'~8"W. SOUTH R/CC.IT OF' WA Y LiVE OF' E-4 CANAL 90' MAIVTENANCE EASE~V~VT (o~e~. ~.,6~ mAC& N.85o33'50'W. / / / / -12' WATER EAS~NT {~pAA T BOOK 79, c&s 5~-52) ORDER NO. O0-$3~CITY-B'' PARCEL SKETCH OF DESCRIPTION (O, Ri~ ~75. PAC& ~6) 1 NO TES: THIS IS NOT A SURVEY C.A. -- CENTRAL ANGLE R. = RADIUS C.B. = CHORD SEARING O.RB. = OFF/C/AL RECORD BOOK ~ = CENTERLINE THE SOUTH L/NE OF PARCEL 8 IS ASSUMED TO BEAR N.85~3.,~'50"W. L. WD.D. = LAKE WORTH DRAINAGE OISTRI~T DE$CRIP T/ON: THE WEST 12.0 FEET OF PARCEL B, NORJAC, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLAT BOOK 79, PAGES 51 AND 52, PUBLIC RECORDS OF PALM BEACH COUNTY, FLOR/DA, LESS THE NORTH 40 FEET THEREOF. EXHIBIT "A " ,~,EET 1 OF I SUR~/~YOR AND MAPPER ~5708 DATE: AUGUST 29, 2001 O'BREN, SUITER ,~ O'BRIEN, INC CERTIFICATE OF AUTHORIZATION SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: RAUL D. ENGLE 2601 NORTH FEDERAL HIGHWAY DELRA Y BEACH FLORIDA JJ483 (561) 276-4501 (561) 7.32-3279 MEMORANDUM TO: MAYOR AND CITY COlVlMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JULY 2. 2002 FINAL PLAT APPROVAL/MID-ATLANTIC PLAT DATE: JUNE 28, 2002 This is before the Commission to approve the final subdivision plat for Mid-Atlantic. The property consists of the construction of an Assisted Living Facility and is located on the west side of Military Trail, just south of the L-34 Canal. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Mid-Atlantic. S:\City Clerk\chevelle folder\agenda memos\Final Plat. MidAtlantic.07.0Z02 City Of Delray Beach Department of Environmental Services TAC COMM E N T S TO: FROM: DATE: RE: David T. Harden Randal L. Krejcarek, P.E. 25 Jun 2002 Mil-Atlantic Plat The attached agenda item requests Commission approval of the above referenced plat. Enclosed are the following: location map, reduced copy of the plat. This project consists of the construction of an Assisted Living Facility located on the west side of Military Trail, just south of the L-34 Canal. Please place this item on the 02 July 2002 Commission agenda. Thanks! enc cc file S:\EngAdrnin\TAC\Mil Atlantic ALF~agendarnemo piat07-02-02.DOC WEST ATLANTIC AVENUE '- i I Z '~ I I JE~FFE-RSiN ROAD j LINCOLN ROAD BOULEVARD ~ C~ of DELRAY ~ACH MIL-ATLANTIC DA~ ~~~~~ Assisfed Living Facility ~~A~v~ ~ Location Map Date: 25 Jun 2002 AGENDA ITEM NUMBER:. AGENDA RE(~UEST Request to be placed on: X Consent Agenda Regular Agenda __ When: 02 July 2002 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the Mil Atlantic ALF plat. Staff recommends approval. Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review:~~'~n Approved for Agenda: itials: Hold Until: Agenda Coordinator Review: Received: Workshop Agenda Special Agenda (if applicable) S:\EngAdmin\TACkMil Atlantic ALF\agenda plat07-02-02.DOC MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM (~ -REGULAR MEETING OF _IULY 2. 2002 TOWN OF HIGHLAND BEACH AGREEMENT JUNE 28, 2002 This is before the Commission to consider approval of the agreement between the City of Delray Beach and the Town of Highland Beach. The Delray Beach Fire-Rescue Department will provide fire and emergency medical services to Highland Beach. The Florida Statutes 163.01 authorizes agreements for such aid and assistance. The Town of Highland Beach currently does not have a Fire and Emergency Medical Services Department with fire fighting and emergency medical equipment and personnel. Therefore, the Delray Beach Fire-Rescue Department will assign a total of five (5) certified fire fighters (including a company officer, and an apparatus driver/engineer) with three (3) being certified paramedics to the Fire Station in Highland Beach. In addition, comprehensive fire and emergency medical services including Public Fire Safety Education, Fire Prevention/Life Safety Inspections, Fire Suppression, Initial Hazardous Materials Response/Scene Control, and Basic/Advanced Life Support and Pre-Hospital Emergency Services including transportation to medical facilities will be provided. Recommend approval of the agreement with Town of Highland Beach. S:\City Clerk\agenda memo~\chevelle folder\Town of Highland Beach. Agmt.07.0Z02 rlTY DF nELAflY BEI3[H CITY ATTORNEY'S OFFICE 2°° Nw ~s, ^VEN,~E. DEL"AY BEAC', ELO"ID^ 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Wdter's Direct Line: 5611243-7090 MEMORANDUM June 6, 2002 Kerry B. Koen, Fire Chief Terriil Pyburn, Assistant City Attorney Interlocal Service Agreement Between the City of Delray Beach and the Town of Highland Beach Attached are three (3) original copies of the above-referenced agreement. If the agreement is acceptable, please forward to the Town of Highland Beach for execution. If you have any questions, please call. Attachment INTERLOCAL SERVICE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE TOWN OF HIGHLAND BEACH THIS AGREEMENT entered into on this __ day of ,2002 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, and the TOWN OF HIGHLAND BEACH, FLORIDA, a Florida municipal corporation. WITNESSETH: WHEREAS, the Town of Highland Beach presently does not maintain a Fire and Emergency Medical Services Department with fire fighting and emergency medical equipment and personnel; and WHEREAS, the City of Delray Beach does presently maintain such a Fire and Emergency Medical Services Department with fire fighting and emergency medical equipment and personnel; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement, providing for comprehensive fire and emergency medical services by the City of Delray Beach within the municipal boundaries of the Town of Highland Beach; and WHEREAS, Florida Statutes .~ 163.01 authorizes execution of interlocal agreements to provide for such aid and assistance. NOW, THEREFORE, in consideration of the premises contained herein, the parties agree as follows: 1.0 incorporated as if fully set forth herein. deemed a part hereof. 2.0 Incorporation of Recitals. The above recitals are true and correct and are All exhibits to this Agreement are hereby Representations. 2.1 The City of Delray Beach hereby represents to the Town of Highland Beach that it has the authority to execute any and all documents necessary to effectuate and implement the terms of this Agreement. 2.2 The Town of Highland Beach hereby represents to the City that it has the authority to execute any and all documents necessary to effectuate and implement the terms of this Agreement. 3.0 ObliRations of the Parties. 3.1 The City of Delray Beach, during the term of this Agreement, shall provide the following services to the Town of Highland Beach through the Delray Beach Fire-Rescue Department and its officers and personnel. A. Fire Suppression. B. Heavy Rescue and Associated Extrication. C. Basic and Advanced Life Support Pre-Hospital Emergency Medical Services, including emergency transportation to medical facilities. D. Public Fire Safety Education. E. Fire Prevention and Life Safety Inspections in occupancies other than one and two family residences. F. Fire Code and Life Safety plans examination and review for building permits for occupancies and structures other than one and two family dwellings. 2 Initial Hazardous Materials Incident Response and Scene Control. H. Emergency Dive-Rescue Services. 3.2 The City of Delray Beach assumes no responsibility for emergency preparedness planning and program implementation for the Town of Highland Beach; or site clean up or productJsoil removal resulting from a chemical spill or other form of hazardous materials incident occurring within the jurisdiction. The Town of Highland Beach shall obtain a "standby" contract with a firm to mitigate potential site issues pertaining to a hazardous materials incident. 3.3 In the event the City of Delray Beach is notified by the appropriate officials in the Town of Highland Beach or by the public through the Police-Fire Communication Center of the City of Delray Beach, of the existence of a fire or other emergency including the need for emergency medical services within the municipal boundaries of the Town of Highland Beach, the City of Delray Beach shall supply such emergency equipment and personnel as are then reasonably available to the City of Delray Beach in the same manner as provided to the citizens of Delray Beach. 3.4 The final and ultimate determination as to whether a particular notification gives rise to a life-threatening or emergency situation shall solely be the policy determination of the personnel of the City of Delray Beach. 3.5 This Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on the City of Delray Beach to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station in the 3 City of Delray Beach, or at any emergency scene within the Town of Highland Beach within a specific time frame. The City of Delray Beach will dispatch and assign the closest, appropriately staffed and available vehicle(s) to emergencies within the Town of Highland Beach consistent with the level of need of the emergency and the level of resources available to the City of Delray Beach. 3.6 The City of Delray Beach will daily assign a complement of five (5) certified Fire Fighters, including a Company Officer, an Apparatus Driver/Engineer and three (3) Fire Fighters to the Fire Station at 3612 south Ocean Boulevard, Highland Beach. A minimum of three (3) of these personnel shall also be Certified Paramedics. The Town shall provide one (1) Fire Suppression Apparatus; and one (1) Paramedic Rescue Vehicle meeting the specifications of the City of Delray Beach Fire-Rescue Department. When the equipment provided by the Town is not available for deployment, appropriate replacement apparatus will be proceed by the City of Delray Beach. Both units shall be equipped and staffed at the Advanced Life Support level. These personnel and the specified apparatus and equipment assigned thereto may be used at any and all times by the City of Delray Beach Fire Rescue Department to support its mission and responsibilities on a system-wide basis. The City of Delray Beach is responsible to provide emergency response coverage on a system-wide basis subject to availability of resources. 3.7 The parties hereto further understand and agree that a possibility exists that the Delray Beach Fire-Rescue Department may receive simultaneous calls for separate accidents, fires and other public safety problems. In the event of 4 simultaneous occurrence of emergencies, the judgment of the Fire Chief of the City of Delray Beach, or the senior Fire-Rescue Officer on duty at the time, as to which call should receive first pdority response, shall be binding upon the parties hereto and shall control actions of both parties hereto. If the City of Delray Beach can not respond to a call for assistance due to multiple calls and/or alarms in progress all reasonable efforts will then be made by the City of Delray Beach to arrange for a suitable response from another agency or jurisdiction cooperating with the City of Delray Beach through vadous mutual aid agreements in effect at the time. The City of Delray Beach agrees to notify the Town of Highland Beach of any changes in these agreements which would affect its ability to provide services under said agreements 3.8 The Town of Highland Beach acknowledges its responsibility under Section 633.025, Flodda Statutes, concerning minimum Fire Safety Standards. The City of Delray Beach, through its Fire Department, will conduct all necessary or mandatory fire safety inspections and inform the Town Manager of the Town of Highland Beach of any fire safety matters which require correction. The Town of Highland Beach shall enforce all applicable fire safety standards in a timely manner and shall report the abatement and disposition of the reported violations to the City of Delray Beach. The City of Delray Beach, through its Fire-Rescue Department, will provide all necessary technical assistance to the Town of Highland Beach in order to facilitate this process. 3.9 The Town of Highland Beach agrees to adopt the same local life safety and fire protection amendments to the State Fire Prevention and Building Codes 5 as may be adopted from time to time by the City of Delray Beach in the interest of occupant and fire Fighter safety. 3.10 The Fire Chief of the City of Delray Beach shall have full and complete authority through the normal chain of command over the operation of Delray Beach Fire-Rescue Department personnel, vehicles and equipment while in the Town of Highland Beach. 3.11 The Delrey Beach Fire Department shall have complete authority and control over the use and deployment of any and all apparatus and equipment acquired by the Town of Highland Beach for its use and to support this Agreement during its original term or pedods of renewal. 3.12 The Town of Highland Beach officials and employees and citizens and residents shall not interfere with the direction, management and deployment of the Delray Beach Fire-Rescue Department, its personnel or equipment at any time dudng fire fighting or other emergency situations. 3.13 All suggestions or complaints concerning services provided under this Agreement shall be directed to the attention of the Fire Chief of Delray Beach for proper administrative remedy and/or response, as the case may be. In the event the Town of Highland Beach has a dispute with respect to the City of Delray Beach's performance hereunder, the Town of Highland Beach, by its governing body, Mayor, Manager or other appropriate municipal official shall forward to the Chief of the Fire- Rescue Department for the City of Delray Beach, the disputed matter. In the event that the disputed matter is not addressed in a timely manner suitable to the Town of 6 Highland Beach, the Town shall request of the Chief of the Fire Department for the City of Delray Beach that the disputed matter be resolved by the City Manager of the City of Delray Beach. If the disputed matter cannot be resolved by the City Manager of the City of Delray Beach, the disputed matter shall be scheduled on the next available Delray Beach City Commission meeting or workshop as the City Manager deems appropriate. 3.14 The City of Delray Beach Fire-Rescue Department will provide to the Town and annual report of all Fire-Rescue activities occurring within the municipal limits; and the Department shall routinely notify the Town's Building Department of any rites, automatic fire sprinkler activation, or obvious structural damage at any emergency incident under its command that might cause building inspections by the Town to be necessary. 3.15 The Town of Highland Beach shall inspect and test annually all fire hydrants within its corporate limits to verify their satisfactory operation and function and agrees to repair or cause to be repaired all fire hydrants, branch valves, and sectional valves within the municipal water distribution system which could affect fire suppression operations. It is further understood that all fire hydrant threads and the operating valve direction shall conform with those used by the Delray Beach Fire- Rescue Department. Non-conforming hydrants, if any, shall be changed without delay at the expense of the Town of Highland Beach. Inoperative fire hydrants, valves, etc. within the municipal distribution system shall be repaired without delay, but in no case later than thirty (30) days following discovery of any deficiency. Fire hydrants which are 7 placed out of service shall be immediately reported to the City of Delray Beach Fire- Immediate notice shall also be given when said fire hydrants are Rescue Department. returned to service. closures Department. 3.16 The Town of Highland Beach shall report all street and road and openings immediately to the City of Delray Beach Fire-Rescue 3.17 All exemptions from ordinance and rules, and all pension, insurance, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of the City of Delray Beach, when performing their respective functions within the territorial limits of the City of Delray Beach shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties within the Town of Highland Beach. 3.18 The Town of Highland Beach shall reimburse the City of Delray Beach, at the then current replacement cost, for certain supplies and consumables, such as chemical absorbents, foam agents for hazardous materials vapor suppression, chemical and biological testing agents, and hazardous materials recovery drums and/or other containers used by the Fire-Rescue Department in the performance of emergency duties in the corporate limits of the Town of Highland Beach. 3.19 During the term of this Agreement, the City of Delray Beach shall be the sole provider of the services enumerated within the Town of Highland Beach. 8 3.20 The Town of Highland Beach agrees to fully support the City of Delray Beach in its initiative to maintain a Certificate of Necessity (C.O.N.) for both basic and advanced life support services from Palm Beach County and/or other involved regulatory agencies. 3.21 The Town of Highland Beach agrees to honor and financially support the equipment and vehicle replacement schedules and service life projections established and in effect by the City of Delray Beach which reflect anticipated points in time that Fire and Rescue apparatus and equipment should be replaced based on service reliability, maintenance cost, changes in safety standards and technology. 3.22 The Town of Highland Beach also agrees to financially support any modifications or additions which may become necessary from time to time to insure the reliability and coverage of the public safety radio system utilized by the City of Delray Beach Fire-Rescue Department while operating in the Town. 3.23 The Town of Highland Beach permits the Delray Beach Fire Department to use the Town's Fire Station, its systems and related site improvements during the term of this Agreement or periods of renewal without rent, license fees or utility fees for electricity, water and sewer services, or storm water assessment fees. The City of Delray Beach will contract for and pay for its telephone service; use of L.P. gas; routine interior building maintenance including painting and cleaning of all interior finishes; the repair and replacement of all interior doors; and the repair and calibration of cooking equipment, refrigerators, ice machines, etc. The Town of Highland Beach will also be responsible for all exterior maintenance and the maintenance and repair of 9 the building's water, sewer, electrical and air conditioning systems, exterior doors, appliance replacement(s) exceeding $250.00, and major interior building repairs and/or extraordinary maintenance. The Town shall also be responsible for extraordinary apparatus/vehicle maintenance expenses not contemplated as part of Operating Expenses in Section 21, above. 3.24 The Town of Highland Beach shall provide adequate paved parking spaces to cover the needs of personnel assigned to the Fire Station in Highland Beach. Employees of the City of Delray Beach will be subject to the same parking policies applicable to employees of the Town. 3.25 The Town of Highland Beach shall maintain a comprehensive insurance policy to provide for the repair and/or replacement of its rescue vehicle and Fire Fighting Apparatus and/or related equipment, should this equipment be damaged in a vehicular accident, storm or similar other circumstance. The face amount of said insurance policy shall be equal to the original cost of the apparatus and equipment to be insured, and it shall be maintained by the Town of Highland Beach during the term of this Agreement and for periods of renewal and it shall name the City of Delray Beach as an additional insured. 3.26 Each party agrees that it will be responsible for its own negligence, except that He Town of Highland Beach shall be responsible for damages to equipment as referenced in the preceding paragraph. Nothing contained herein shall be deemed a waiver of sovereign immunity. 10 3.27 The Town of Highland Beach shall gain and hold title(s) for any vehicular apparatus or other equipment acquired under this Agreement, where titles are normally issued, at such time that full and final payment has been made by the Town of Highland Beach on such apparatus or equipment and the title has been transferred. 4.0 Consideration. The consideration for the transaction is as follows: 4.1 The City of Delray Beach may invoice residents of the Town of Highland Beach appropriate, emergency medical service transport fees. However, transport fees which are not covered by the patient's insurance will be off-set by the Town on behalf of its residents by a quarterly payment to the City of Delray Beach in the amount of $3,000. The combination of patient insurance reimbursement and the quarterly payment by the Town to the City of Delray Beach represent full and total payment for any emergency medical service transport fees charged to residents of the Town. 4.2 The Town of Highland Beach agrees to pay the City of Delray Beach, during the term of this Agreement, an annual service fee for the emergency and administrative services enumerated in this Agreement. Cost projections pertaining to the annual service fee shall be provided to the Town by the City of Delray Beach on or before June 1st of each year. The fee shall be the total of personnel costs, employee benefits, operating expenses and overhead as described below: A. Personnel Costs: 22.5 positions within the City of Delray Beach Fire-Rescue Department to include 4.50 Lieutenant positions, 4.50 Driver/Engineer positions, 13.00 Fire Fighter/Paramedic positions and .50 Fire 11 Lieutenant/Inspector positions. Salary will be computed annually using the then, "in-rank" average of individuals employed by the Department. B. Employee Benefits: Shall be based annually on an "in-rank" average using the same allocation of personnel enumerated in "Personnel Costs", above. C. Operating Expenses: Shall be fixed for the 02-03 fiscal year at $50,792 using a five year average of costs for FY 96-97 through FY 00-01. Following fiscal years shall be based on the 02-03 fiscal year multiplied by the cost of living adjustment as stated in the "all Urban Consumers-United States" Consumer Price Index (CPI) as reported by the United State Government Bureau of Labor Statistics for the 12 month period ending April 30th of each year. Extraordinary expenses are provided for in Section 21, below. D. Overhead: Shall be fixed for the 02-03 fiscal year at $120,000. Following fiscal years shall be based on the 02-03 fiscal year multiplied by the cost of living adjustment as stated in the "All urban Consumers- United States" Consumer Price Index (CIP) as reported by the United States Government Bureau of Labor Statistics for the 12 month pedod ending April 30~ of each year. E. Extraordinary events or unusual demands for services requiring additional personnel and/or equipment to be stationed within the corporate limits may be billed separately by the City of Delray Beach to the Town of Highland Beach based on the actual costs t provide these services. In 12 the case of hazardous materials abatement and/or mitigation, these extraordinary costs shall be paid directly to the vendors or outside contractors involved. F. Additionally, any personal services costs occurring after June 1~t of each calendar year, and above the referenced CIP, resulting from Federal, State or County mandates without off-setting revenues, shall be directly passed through to the Town of Highland Beach for personnel assigned to the Fire Station in Highland Beach. 4.3 Beginning October 1, 2002, the Town of Highland Beach shall pay monthly to the City of Delray Beach one twelfth of the annual service fee during the term of the Agreement. Said payment will be due and payable on or before the first business day of each month. The Finance Department of the City of Delray Beach shall bill the Town of Highland Beach for this amount on or before the 15th day of the preceding month. In the event payment is not made timely, a late charge equal to the then prevailing legal rate of interest shall be added to the Town of Highland Beach's liability to the City of Delray Beach. Interest shall be compounded daily commencing with the first business day of each month. If payment is not received for two successive months, then upon thirty (30) days notice, the City of Delray Beach may terminate its responsibilities as provided herein. 5.0 Miscellaneous Provisions. 5.1 Commencement Date. The term of this Agreement shall be for fifteen (15) years beginning October 1, 2002 and extending through midnight on September 30, 2017, with options 13 to renew for additional periods of ten (10) years each upon the mutual agreement of both parties hereto.in wdting. To exercise the option to renew, the Town of Highland Beach shall notify the City of Delray Beach of its desire to renew, eighteen (18) months prior to the expiration of the initial term or subsequent renewal periods. The City of Delray Beach shall notify the Town of Highland Beach of its acceptance of the request for renewal within sixty (60) days of the City's receipt of the Town of Highland Beach's request for renewal. Failure of either party to comply with these notice provisions shall result in cancellation of the agreement at the expiration of the initial term or subsequent renewal term, unless both parties decide to waive stdct compliance with these notice provisions. 5.2 Termination. A. This Agreement may be terminated for good cause only in the event of breach of its terms or in the event of the inability of the City of Delray Beach to provide the services specified herein. In the event that either party desires to terminate this Agreement for good cause resulting from the breach of its terms, the party alleging the breach shall give notice of its intent to terminate this Agreement at the end of a contract year upon submission to the other party. Said notice shall be in writing and shall be given at least twelve (12) months prior to the end of any twelve month period which commences on October Ist and terminates on September 30th of the subsequent year. If an impasse adses as to whether either party has breached this Agreement, each party shall select an independent party to act as an arbitrator, and the two 14 arbitrators selected by the parties shall select a third arbitrator and the arbitrators by majority vote shall decide whether the party has breached this Agreement and shall also decide any other dispute arising hereunder. Said arbitrators shall act in accordance with the rules of the American Arbitration Association and the parties hereby agree that they shall be bound by the decision of the arbitrators. In the event of termination for cause resulting from the inability of the City of Delray Beach to provide the services specified pursuant to the terms of this Agreement, the City of Delray Beach shall provide the Town of Highland Beach at least twelve (12) months notice prior to the end of any twelve month period which commences on October 1st and terminates on September 30th of the subsequent year. B. In the event that the Town of Highland Beach desires to provide its own Fire-Rescue services or contract with another agency for this service, the Town of Highland Beach shall give the City of Delray Beach at least twenty-four (24) months written notice of its intent to terminate the Agreement. 5.3 Modification. This Agreement may only be amended or modified in writing and executed by all parties to this Agreement, except as previously provided above with reference to the annual service fee. 5.4 Notice. All notifications of claims shall be provided in wdting to the respective Town Manager and City Manager of the parties hereto. This does not apply to notifications of necessity for supplying of emergency services which are the subject of this Agreement. 15 For the present, the Town of Highland Beach and the City of Delray Beach designate the following as the respective places for giving notice: City of Delray Beach: David T. Harden, City Manager 100 N.W. 1st Avenue Delrey Beach, FL 3~.~.~. Town of Highland Beach: Ben Saag, Town Manager 3614 South Ocean Boulevard Highland Beach, FL 33487 5.5 Bindin.q Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal pOWer to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 5.6 Headin.qs. Headings herein are for the convenience of reference only and shall not be considered on any interpretation of this Agreement. 5.7 Waiver. Failure of any parties to insist upon strict performance of any covenant or condition of this Agreement, or to execute any right herein contained, sha;l not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. 5.8 Le.clal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and accordingly, the rule that a contract shall be interpreted strictiy against the party preparing same, shall not apply herein due to the joint contributions of both parties. 16 5.9 ..Joint Defense. In the event that the validity of this Agreement is challenged through legal proceedings or otherwise, the parties agree to cooperate with each other in defense of this Agreement, with each party to bear its own attorney's fees and costs associated with such defense. 5.10 Provisions Severable. This Agreement is intended to be performed in accordance with, and only to the extent permitted by all applicable laws, ordinances, rules, and regulations of the jurisdiction in which the parties do business. If any provision of this Agreement or the application thereof to any person or cimumstance shall, for any reason or to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. 5.11 No Third-Party Beneficiary This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any dghts, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. 5.12 Remedies Each party hereto recognizes and agrees that the violation of any term, provision, or condition of this Agreement may cause irreparable damage to the other parties which may be difficult to ascertain, and that the award of any sum of damages may not be adequate relief to such parties. Each party, therefore, 17 agrees that, in addition to other remedies available in the event of a breach of this Agreement, any other party shall have a right to equitable relief, including, but not limited to, the remedy of specific performance. 5.13 Counterpart Siqnatures This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. 5.14 Venue/Laws. This Agreement shall be construed under the laws of the State of Florida with venue in Palm Beach County, Florida. 5.15 Entire A.qreement. This Agreement represents the entire Agreement between the parties and supersedes all prior negotiations, representations, or Agreements either written or oral. 5.16 Aqreement to be Filed. This interlocal Agreement and subsequent amendments thereto, shall be filed with the Clerk of the Circuit Court of Palm Beach County in conformity with Florida Statutes S 163.01(11). IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers on this __ day of ,2002. ATTEST: ' CITY OF DELRAY BEACH, FLORIDA By:. City Clerk David Schmidt, Mayor Approved as to Form: City Attorney 18 To ~ TOWN~ HIGH ,,~D~ACH, FLORIDA Thomas J. Reid, Mayor Town attomey (j] 19 MI~MORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM C~ -REGULAR MEETING OF _IULY 2. 2002 TEOUESTA POLICE DEPARTMENT AGREEMENT JUNE 28, 2002 This is before the Commission to consider approval of the agreement between the City of Delray Beach Police Department and the Tequesta Police Dep~tment. The agreement allows the Tequesta Police Department to utilize the National Crime Information Center (NCIC) and Florida Crime Information Center (FCIC) System through the Delray Beach Police Department computer terminals. The Tequesta Police DepaiU~ent will use the terminals via Delray Beach Police Department employees/agents for bona fide law enforcement purposes only and retain responsibility for all information or data submitted to the NCIC and FCIC and any liability arising out of this agreement. The Tequesta Police Department will abide by all applicable local, state, and federal laws, rules, and regulations in conjunction with all terms/conditions of the User Agreement between the Florida Department of Law Enforcement and the Delray Beach Police Department. Recommend approval of the agreement with Tequesta Police Department. S:\City Clerk\agenda memos\chevelle folder\TequestaPolice. Agmt.07.0Z02 CITY OF DELRflY BEACH CITY ATTORNEY'S OFFICE ~ POLICE LEGAL ADVISOR 1993 300 W. ATLANTIC AVENUE" DELRAY BEACH, FLORIDA 33444 TELEFIIONE 561/243-7823 ° FACSIMILE 561/243-7815 POLICE LEGAL ADVISOR MEMORANDUM To: From: Chevelle Hall, Agenda Coordinator Catherine M. Kozol, p~'~ Police Legal Advisor Date: June 21,2002 Re: Interlocal Agreement - Delray Beach Police Dept./Tequesta Police Dept. Attached please find an original Agreement in connection with the above. It would be appreciated greatly if you would place this on the next consent agenda. This agreement allows the Tequesta Police Dept. to utilize the NCIC/FCiC system through the Delray Beach Police Department equipment as agreed to by the Florida Department of Law Enforcement. If this meets with Mayor Schmidt's approval, please have him sign where indicated and return the signed original to me. I shall then have the original signed by the parties and return a copy to you for your records. If you have any questions, please do not hesitate to call me. lath Encs. INTERLOCAL AGREEMENT WITNESSETH WHEREAS, The Tequesta Police Department, hereafter referred to as TPD, and Delray Beach Police Department, hereafter referred to DBPD, are bona fide law enforcement agencies; and, WHEREAS, The DBPD presently has the benefit of Flodda Department of Law Enfomement computer terminals which provide access to the National Crime Information Center, hereafter NCIC, ad the Florida Crime Information Center, hereafter FCIC; and, WHEREAS, The TPD wishes to utilize the computer terminals for access to NIC and FCIC Information Systems for law enfomement purposes; NOW THEREFORE, The parties agree as follows, 1. The TPD shall be entitled to use, through agents and employees of DBPD, the computer terminals located in the law enforcement vehicles at the TPD for the purpose of gaining access to NIC and FCIC Information Systems. 2. The TPD agrees to abide by all applicable local, state, and federal laws, rules, and regulations as well as the rules and regulations of NCIC and FCIC, with regards to the use of said computer terminals. 3. The TPD agrees to abide by all terms and conditions of the User Agreement entered into betWeen the Florida Department of Law Enforcement and the DBPD, dated May 16, 2002. 4. The TPD agrees that it shall make use of the computer terminals only for bona fide law enforcement purposes. 5. The TPD agrees to retain responsibility for, and be ultimately liable for, the validity and accuracy of all information or data submitted for entry into the NCIC, and FCIC Information Systems, and to promptly notify the DBPD of any corrections, modifications, or cancellations necessary with regards to information or data entered by the TPD into the NCIC and FCIC Information Systems; Furthermore, the TPD agrees to save and hold harmless, and indemnify the DBPD from any and ail liability relating to or adsing out of the operation of this agreement, subject however to the limitations imposed by Florida law. 6. The terms of this agreement shall be for one (1) year, commencing on the date the agreement is signed, and from year to year hereafter unless sooner terminated. 7. Either party may terminate this agreement upon thirty (30) days written notice, except that the DBPD may terminate this agreement immediately and without notice upon finding that the TPD has violated the terms of this agreement. 8. This agreement constitutes the entire agreement of the parties and may not be modified as amended without wdtten agreement executed by both parties. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the proper officers and officials. CITY OF DELRAY BEACH/ DELRAY BEACH POLICE DEPARTMENT By: Mayor David Schmidt Witness ~_~gal sufficiency and form Catherine~M~ Kozol, Esq. ~ .~ Asst. City AttTey/Po/l~ice Leg~Advis~r Date: ~, J~.z) J D 7_. // 2 TEQUESTA POLICE DEPT. By: Stephen J. Allison, Chief of Police Date: FLORIDA DEPT. OF LAW ENFORCEMENT By:. Date: Witness 3 Memorandum Community Improvement Horticulturist DELRAY BEACH Nl-~caCity 1993 2001 TO: THROUGH: FROM: RE: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR///~,~ NANCY DAVILA, HORTICULTURIST ~7~ '~L9 FINANCIAL ASSISTANCE AGREEMENT - LAKE IDA ROAD COMMISSIONER MC CARTY'S DISCRETIONARY FUNDS DATE: JUNE 19, 2002 ITEM BEFORE THE COMMISSION The item before the Commission is consideration of the approval of a Financial Assistance Agreement, for Lake Ida Road, in the amount of $300 thousand, between the City and Palm Beach County Board of Commissioners. BACKGROUND Two years ago, Commissioner Mary Mc Cart3, agreed to allocate funding from District 4 Discretionary Funds to help the City fund irrigation and landscape improvements for Lake Ida Road, between Congress Avenue and Military Trail. The plans were approved by the City Commission in June of 2000, and were recently submitted to the County for technical review and comments. The Financial Assistance Agreement sets forth the terms and conditions with which the City must comply to be eligible for reimbursement for expenses associated with the beautification of the medians on Lake Ida Road. The City must assume all maintenance responsibilities upon completion of the landscaping. Unlike previous grants through Keep Palm Beach County Beautiful, which have required matching funds, no financial match is required for this agreement. RECOMMENDATION Staffrecommends the City Commission give favorable consideration to the approval of the Financial Assistance Agreement, between the City and the Palm Beach County Board of Commissions, wherein the County will allocate $300 thousand for beautification improvements to Lake Ida Road. CITY OF DELRrlY BEI [H CITY ATTORNEY'S OFFICE ~oo .~., ^~.~.. ~.^~ ..^~., ~o.,.^ .., TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's Direct Line: 5611243-7091 MEMORANDUM June 25, 2002 Nancy Davila, Horticulturist Brian Shutt, Assistant City Attorney Financial Assistance Agreement - Lake Ida Road Commissioner McCarty's Discretionary Funds This Agreement is legally sufficient as to form. approved by the City Commission. RBS:ci I will sign off once this has been Attachment Department of En~ineerln~ and Public Works ~C~ Box 21229 West Palm Beach, FL 33416-1229 ($61) 684-4000 www. pbcgov.com Palm Beach County Board of County Commissioner~ Warren H. Newell. Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCarty Burr Aatonson Tony Ma$ilotti Addie L. Greene County Administrator Robert Weisman 'An .~quat op~tunity Af~rmat~ve Action Employer' June 17, 2002 Nancy Davila Ci~ of Delray Beach 100 NWFimt Avenue Delray Beach, FL 33444 RE: Financial Assistance Agreement for Lake Ida Road - Beautification Dear Ms. Davila: Enclosed are two originals of the above-referenced Financial Assistance Agreement which provide the terms under which reimbursement for the beautification project can occur. Please have both originals executed by the Mayor or other official designated by the City Commission, and then return both originals to me so this item can go before the County Commission for final execution. Following that approval and the signature of the Chairman, I will return one fully executed original to you for your records. Your efforts to enhance the quality of life in Palm Beach County are appreciated. If you have any questions, please contact me or Jason Weber at 684-4100. Sincerely, OFFICE OF THE COUNTY ENGINEER Manager - Streetscape Section Attachments: Two originals of the Beautification Agreement pc: Anna Gaunt - Commissioner McCarty's Office George T. Webb, P.E., County Engineer G. Haney Frakes, Jr., P.E., Assistant County Engineer Marlene Everitt, Assistant County Attorney Richard Farquhar, Administrative Services Division Harvey Phillips, Engineering Executive Office Jim Peters - Land Development Division, Permit Section Jason Weber - Streetscape Section File: Municipalities - City of Delray Beach Commissioner -District 4 f~rnedia n~ash~2002AGMTS~akeldaRoad061702TransLtr.wpd FINANCIAL ASSISTANCE AGREEMENT FOR CiTY OF DELRAY BEACH ' LAKE IDA ROAD - BEAUTIFICATION THIS INTER-LOCAL AGREEMENT is made and entered into this day of ,2002, by and between the CITY OF DELRAY BEACH a municipal corporation of the State of Florida, hereinafter "CITY", and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY". !r WITNESSETH: I, WHEREAS, the CITY has already been awarded a "Keep Palm Beach County !! Beautiful" funding grant by the COUNTY (R-2002-0522) for the two medians located ;!~ on the COUNTY's Lake Ida Road between Lawrence Road and Davis Road (known ;! ;~ as medians 6 and 7); and i! WHEREAS, the CITY wishes to Install landscaping and irrigation contamplatad ! i here n in the other medians ofthe County e Lake ida Road between Military Trail and Congress Avenue and WHEREAS, the COUNTY believes that these efforts by the CITY aerve a public purpose in the enhancement of the appearance of this thoroughfare and wishes to ieupport the CITY's efforts to install the IMPROVEMENTS by providing reimbursement funding for the cost of the IMPROVEMENTS from Commissioner District 4 Discretionary Funds for Improvements, in an amount notto exceed THREE HUNDRED THOUSAND AND 001100 DOLLARS ($300,000.00); and WHEREAS, after installation, the CITY will be responsible for the perpetual 19 20 21 22 23 maintenance of the IMPROVEMENTS; and 24 NOW, THEREFORE, in consideration of the mutual covenants, promises, and 25 agreements herein contained, the parties agree as follows: 26 t. The above recitals are true, correct and are incorporetsd herein. 2 '; 2. The COUNTY agrees to provide to the CITY reimbursement funding for 28 documented costs from Commissioner District 4 Discretionary Funds for 29 Improvements in an amount not to exceed THREE HUNDRED THOUSAND AND 30 001100 DOLLARS ($300,000.00) for the CITY's IMPROVEMENTS in the right of way of 31 the County's Lake Ida Road. 3. The COUNTY agrees to reimburse the CITY the amount established in paragraph 2 for costs (materials and labor) associated with installation of the IMPROVEMENTS, upon the ciTY's submission ofaccaptable documentation needed to substantiate their costs for the IMPROVEMENTS. The COUNTY will 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. 4. The COUNTY's obligation, as it ralates to payment for the improvements, is limited to its payment obligation, and shall have no obligation to any other person or entity. $. The CITY agrees to assume all responsibility for design, bidding, ricontrect preparation, and contract administration for the installation of the IMPROVEMENTS, including payment(s} to contractor(s), pursuant to all applicable i governmental laws and regulations and will comply with all applicable governmental landscaping codes and permitting requirements in the selection and installation of the IMPROVEMENTS. The CITY agrees to install the IMPROVEMENTS substantially in accordance with the plans, specifications and costs as approved in the permitting process by the COUNTY. Otherwise, the COUNTY will have the final determination of the eligibility for reimbursement of any changes. Substantial variations from the permitted plans shall require prior written approval from the County Engineer's Office. The final permit drawings must be signed and sealed by a Florida Registered Landscape Architect experienced in roadway planting and familiar with the COUNTY's Streetscape Standards Manual. 6. The CITY will obtain or provide all labor and materials necessary for the installation of the IMPROVEMENTS. The COUNTY shall have the final determination of eligibility for reimbursement. The CITY shall furnish the Manager, Streetacape Section, of the COUNTY's Department of Engineering and Public Works with a request for payment supported by the following: -2- 6 7 8 9 12 15 16 17 19 2O 21 22 23 24 25 26 27 28 a. Astetement from a Florida Registered Landscape Architect that the IMPROVEMENTS have been inspected and were Installed substantially in accordance with the permitted plans for the IMPROVEMENTS, and; b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and incorporated herein as Exhibit "A" (pages t and 2) which are required for each and every reimbursement requested by 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 CITY. The CITY shall 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 Program Administrator and the Program Financial Officer for the CITY shall also certify that each vendor 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 inifiate a financial system 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 tho COUNTY deems necessary. 8. The CITY agrees to be responsible for the perpetual maintenance of the IMPROVEMENTS following the installation and shall be solely responsible for obtaining and complying with all necessary permits approvals, and authorizations from any federal, state, regional, or COUNTY agency which ara raquJred for the subsequent maintenance of the IMPROVEMENTS. 0. All installation of these iMPROVEMENTS shall be completed and final invoices submitted to the COUNTY no later than September 30, 2003, and the COUNTY shall have no obligafion to the CITY or any other entity or person for any i cost incurred thereafter unless the time for completion is extended by modification 2 of this Agreement es provided herein. 10. The CITY recognizes that It is an independent contractor, and not an sgent or servant of the COUNTY or its Board of County Commissioners. In the event 5 a claim or lawsuit is brought against the COUNTY, its officers, employees, servants or agents, relating to the IMPROVEMENTS or any item which is the responsibility of ? the CITY, the CITY hereby agrees, to the extent permitted by law, to indemnify, save $ and hold harmless the COUNTY, its officers, employees, servants or agents, and to defend said persons from any such claims, liabilities, causes of action and Judgments of any type whatsoever arising out of or relating to the existence of the IMPROVEMENTS or the performance by the CITY ss may relate to this Agreement. 12 !l The CITY agrees to pay all costs, attorney's fees and expenses Incurred by the 13 I COUNTY, itsofficere, employees, servantsoragentsinconnectionwithsuchclaims, ii liabilities or suits except ss may be incurred due to the negligence of the COUNTY. 11. The CITY shall, st all times during the term of this Agreement (the ! 6 installation and existence of the IMPROVEMENTS), maintain in force its status as an 17 ; insured municipal corporation. 18 12. As provided in F.S. 287.t32-133, by entering into this Agreement or 19 i performing any work in furtherance hereof, the CITY certifies that its affiliates, 20 i suppliers, eub-contrectors, and consultsnts who perform work hereunder, have not 21 ! been placed on the convicted vendor list maintained by the State of Florida 22 Department of Management Services within 36 months immediately preceding the 23 date hereof. This notice is required by F.S. 287.133(3)(a). 24 13. The CITY shall require each contractor engaged by the CITY for work 25 associated with this Agreement to maintain: 26 s. Workers' Compensation coverage in accordance with Florida 27 Ststutss, and; 2 8 b. Commercial General Liability coverage, including vehicle coverage, 2 9 in combined single limits of not less than ONE MILLION AND 001100 -4- 1 2 3 4 5 6 7 8 9 10 12 3.3 14 15 16 18 19 2O 21 22 23 24 25 26 27 28 29 c=~, o, ~,,~,~, ~ ~ m, so= DOLLARS ($1,000,000.00). The COUN~ shall be included in coverage as an additional insured. c. A payment and peHo~ance bond ~r ~e to~l amount of Improvemen~ In acco~ance w~ Florida S~ 255.05. 14. In ~e event of ~inafion, ~e CI~ shall not be relieved of liabiliH to · e COUN~ ~r damages sus~ined by ~e COUN~ by vi~e of any broach of ~e con.ct by ~e CI~; and ~e COUN~ ~ay withhold any payment ~ ~e CI~ for · e pur~se ~ set~ff un~l such ~me as ~e exact amount of damages due COUN~ is de~ined. In ~e event ~e CI~ elec~ to discon0nue i~ main~nance obliga6on ~r ~e IMPROVEMENTS under this Agreemen~ it shall be ~e obligation of ~e CI~ to restore, ~ necessaw, ~e area of ~e IMPROVEMENTS on COUNt's Hgh~f~ay ~ a condition acceptable to ~e Coun~ Engineer, which shall be in accordance wi~ Federal, Sb~ and COUN~ sandals for road cons~c6on and/or maln~nance. In ~e event the CI~ fails to msim ~e area of · e IMPROVEMENTS ~ a condi6on accep~ble to ~e Coun~ Engin~r, ~e COUN~ may unde~ke such restoration and ~e CI~ shall be liable for ~e cos~ of such resection. 15. The CI~'s ~inaUon of ~is AGREEMENT shall result all obllgaUons of · e COUN~ for funding con~mpla~d he.in to be canceled. 16. The COUN~ and ~e CI~ agree ~at no pe~on shall, on ~e grounds of race, color, national origin, sexual orien~tion, religion or creed, sex, age, or handicap ~ discdmina~d against in pe~ormance of ~e Agreemen~ t 7. In ~e event ~at any sec~on, pa~g~ph, sen~nce, clause, or provision hereof is held invalid by a cou~ of compe~nt juHsdicUon, such holding shall not a~ct ~e remaining potions of ~ls Agreement and ~e same shall amain in force and effecL 18. All noUc~ required to be given under ~is Ag~ment shall ~ in wHUng, and deemed su~cient to each pa~ when sent by Uni~d S~s Mall, ge prepaid, to ~e following: -5- AS TO THE COUNTY Manager, Streetacape Section Palm Beach County Department of Eng!neeHng and Public Works Post Office Box 21229 West Palm Beach, Florida 33416-1229 AS TO THE CITY City Horticulturist City of Delray Beach t00 NW 1'~ Avenue Delrey Beach, FL 3~?.~. t9. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to 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 or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof. 20. Any coats or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective par'des; provided, however, that this clause pertains only to the parties to the Agreement. 2t. 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 partyagreee to abide by all laws, orders, rules and regulations and the CITY will comply with all applicable governmentel landscaping codes in the maintenance and replacement of the IMPROVEMENTS. -6- 5 7 8 9 10 11 12 13 14 15 17 19 2O 2~ 23. The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acta, or 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. The CITY shall promptly notify the COUNTY of any lawsuit-relatad 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 not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of their Hghta. 26. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely aa 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, and supersedes all other negotiations, representations, or agreements, eltber written or oral, relating to this Agreement. 28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court n and for Pa m Beach County, Florida. 29. This Agreement shall take affect upon execution and the effective data shall be the data of execution. -7- 4 5 6 9 10 12 :1.5 16 17 18 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date first above written. AC (CITY SEAL) ATTEST: CITY OF DELRAY BEACH, BY ITS CITY COMMISSION By: By: CITY CLERK MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY (COUNTY SEAL) ATTEST: CH U pALM BEACH COUNTY, FLOR DA, BY ITS BOARD OF COUNTY COMMISSIONERS 19 i DOROTHY H. WILKEN, CLERK 21 i By: By: 22 .. DEPUTY CLERK WARREN H. NEWELL, CHAIRMAN 23 i APPROVED AS TO FORM AND LEGAJ. SUFFiCiENCY 24 25 26 27 28 29 By: ASSISTANT COUNTY ATTORNEY APPROVED AS TO TERMS AND CONDITIONS BY: -8- [ITY OF DELRRY BERTH JUN 2 5 200Z FIRE DEPARTMENT DELRAY BEACH 1993 TO: SERVING DELRAY BEACH David T. Harden, City Manager · GULFSTREAM ' HIGHLAND BEACH FROM: Kerry B. Koen, Fire Chief DATE: June 24, 2002 SUBJECT: Amendment to Contract - Pierce Manufacturing, Inc./Ten-8 Fire Equipment, Inc. The City Commission approved an agreement with Pieme Manufacturing, Inc. to purchase a new aerial fire apparatus on February 5, 2002. Part of this agreement included the trade-in of a 1971 Pierce/Pitman Snorkel that was to be mined over to the vendor upon delivery and acceptance of the new apparatus later this year. It is to our advantage to release this trade-in earlier to minimize our operational cost, and to use the present apparatus floor space in a more efficient manor until the new apparatus is placed in service. The attached amendment, prepared by the City Attorney's office, provides for an earlier transfer of this equipment, and it is recommended for approval. The amendment does not change the price, or other conditions of the original Purchase Order. Attachments: 3 CC: Kerry B. Koen Fire Chief Jackie Rooney, Purchasing Barbara Garito, City Clerk Brad Fitzer, Div. Chief-Administration Ellen Wickert, Administrative Officer Charles Stravino, Acting Asst. Chief-Operations FIRE DEPARTMENT HEADQUARTERS o 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper AMENDMENT NO, t TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND PIERCE MANUFACTURING, INC. / TEN 8 FIRE ~. INC. THIS AMENDMENT No. I to the agreement approved by the City Commission on February 5, 2002 between the CITY OF DELRAY BEACH ("City") and PIERCE MANUFACTURING, INC. I TEN 8 FIRE EQUIPMENT, INC. (uPierce/Ten 8") is made this day of ,2002. WITNESSETH: WHERAS, the City and Pierce/Ten 8 entered into an agreement which was approved by the City Commission of the City of Delray Beach, Florida on February 5, 2002 relating to the purchase of a new rear mount aerial platform fire apparatus; and WHEREAS, the City agreed to make available as partial payment for the specified new apparatus, one (1) 1971 85' Pierce/Pittman snorkel unit (~trade in") at the time of the City's acceptance and placement in service by the City of the new apparatus; and WHEREAS, the City wishes to amend the odginal agreement to make the trade in available as of date as partial payment for the specified new apparatus, with the amount of $10,900 going towards the total purchase pdce of the specified new apparatus. NOW, THEREFORE, the parties hereto in consideration of the covenants contained agree as follows: 1. Recitala. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modification. Paragraph 3, 'Vehicle Trade-In Option" on page 100 of the original agreement is modified as follows: 3. Vehicle Trade-In Option. Pierce/Ten 8 shall be solely responsible for the pickup of the trade in from the City of Delray Beach on date. In addition, Pierce/Ten 8 shall accept the trade in as partial payment for the specified new apparatus to be delivered at a later date. The partial payment Shall constitute the amount of $10,900, which shall go towards the total pumhase price of the specified new apparatus, purchased by bid # 2002-07, pumhase order # 602122 on March 5, 2002. Pierce/Ten 8, by execution of this Agreement, agrees to be bound by this Agreement and by all terms and conditions of this and any other related agreements pertaining to the purchase of a new mar mount aerial platform tim apparatus, whether express or implied, and shall comply and fulfill all of the obligations and duties required by the City under the aforesaid agreements or any other agreement not mentioned herein pertaining to the new rear mount aerial platform fire apparatus. 3. Entire Agreement. Except as modified by this amendment, the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA a municipal corporation By:. City Clerk David W. Schmidt, Mayor Approved as to form: City Attorney PIEI~E MAI~UFACTURING, INC./ T=. ,.C. BY: Hal~a~, c~e~ae se~d~ e n'c STATE OF COUNTY OF The foregoing instrument was acknowledged before me this I~) day of'-.f'-~, 2002 by ~o,-~ ~.~'-~n,e~ , ~ of ~~~e~ ~m~4 ~ ~ , a ~rporafion, on behalf of the corporation. He/She i~nal~ kn~n to me/or has produ~d ~dentifi~on)., Si~na(ure of N°ta~ P~c CAROL V. HUIZ~ My ~mn. ex~. Apr. 30, 2004 Comm. No. CC915965 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS ~CITY MANAGER AGENDA ITEM ~ - REGULAR MI~.lq. TING OF JULY 2. 2002 CHANGE ORDER NO. 1/FINAL PAYMENT/FLORIDA BLACKTOP INC. DATE: JUNE 28, 2002 This is before the City Commission to approve Change Order No. 1 in the net add mount of $44,510.17 and final payment in the amount of $92,717.37 to Florida Blacktop, Inc. for completion of the 2000 Roadway Bond NE/NW Infrastructure Improvements project. Funding will be from 370-3162-541-65.44 (2000 Roadway Bond NE/NW Area). Recommend approval of Change Order No. 1 and final payment to Florida Blacktop, Inc. S:\City Clerk\chevelle folder\agenda memos\Final Payment. Florida Blackt op,l nc.07.02.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: DAVID T. HARDEN City Manager VICTOR MAJTENYI~ Assistant Construction Manager www. delrayesd corn NE/NW AREA INFRASTRUCTURE IMPROVEMENTS (PN 2000-047) Change Order # 1/Final, Final Payment JUNE 18, 2002 Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Florida Blacktop, Inc. on the NE/NW Area Infrastructure Improvements project, PN 00-047. It is for the final plus/minus quantity adjustments, miscellaneous changes to the original Contract, and liquidated damages for delay. Change Order #1, Final is a net add amount of $44,510.17. A request is also made for final payment in the amount of $92,717.37 to Florida Blacktop, Inc. A Contractor Evaluation form is attached for your review. Funding is from 370-3162-541-65.44 (2000 Roadway Bond NE/NW Area), after budget transfer. Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Dir. of Construction City Clerk's Office Agenda File 07.02.02 Project File 00-047(A) S:~EngAdmin~Projects1200012000.O47~CONSTRCl~col.finalmem_OZO2.02.dac Departmental Line Transfer lnterfund/Interdepartmental Transfer Requested By: Victor Majtenyi City of Delray Beach Budget Transfer Form Date: June 18, 2002 Batch Number 2000-046 370-3162-541-65.45 2000 Roadway Bond, Sr-2SW 7-l, 000 2000-047 570-3162.541.65.44 2000 Roadway Bond, TOTAL $19r~00.0~ $19r~00.0o ~ustiflcatton: Funding of Change OrOer #1 Final~ Pro~ect 2000-047~ NE/NW Area Imp~uv~ments. FJnnno~ Dir~tor . Ci~ Man~ager Canary. Project File CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. l/Final PROJECT NO. 00-47 DATE: PROJECT TITLE: NE/NW Area Improvements TO CONTRACTOR: Florida Blacktop, Inc.. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES 1N THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Plus/minus quantity adjustments and miscellaneous changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER TOTAL PER CENT INCREASE TO DATE 4.45% $ 999,489.89 $ 0.00 $ 999,489.89 $ 44,510.17 $ 1,044,000.06 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. Florida Blacktop, Inc (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from 370-3162-541-65.44 (2000 Road Bond - NE/NW Area Improvements). DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: City Attorney By: _ Mayor ATTEST: By: CityClerk CITY OF DELRAY BEACH CONTRACTOR'S PROJECT PERFORMANCE REPORT PERFORMANCE RATING AVERAGE Q2.16r~ PROJECT: NE/NW Area Infrastructure Improvements PROJ. #: 00-047 DATE: April 22, 2002 1280 S. Powerline Road (Mailing Address) ~33069 (City, State, Zip) Florida Blackto_g.E~D_q (Contractor Name) Paving, Grading and Utilities (Type of Work $999,489.89 ($ Amount) GRADINGINSTRUCTIONR This report contains two sections, SECTION I, "MANAGEMENT AND ORGANIZATION OF THE WORK", and SECTION II, "WORK PERFORMANCF". Contained in each SECTION listed under Topic Statements (A., B., C., etc.), are Items, (1., 2., 3., etc.), to be graded by the Project Engineer as follows: 1 - Unsatisfactory 2 - Marginal 3 - Satisfactory 4 - Above Satisfactory 5 - Excellent The overall average of both these sections is listed above as the Performance Rating Average based on the 1-5 scale above. Section I Score Section II Score 30.0/14 = 2.14 Points 69.5/ 32 = 2.17 Point,~ Overall Score 99.$1 46 = 2.16 Points SECTION I MANAGEMENT AND ORGANIZATION OF T~ WORK Effectiveness of supervision in scheduling the work, organizing construction operations and providing quality control. 1. Preconstruction Conference preparation and presentation. 3.0 2. Adequacy in maintaining their proposed work schedule and preventing delays of stoppages in particular phases or overall project completion. 1.0 3. Coordination and supervision of subcontractors to insure quality control and contract compliance. 2.0 4. Knowledge of supervisory personnel regarding specifications, plans a~d special provisions. 2.0 5. Supervision of work crews. 2.0 6. Preparation of shop drawings and submittals. 3.0 Negotiation of Contract modifications, project record- keeping and project documentation. 1. Organization and completeness of data submitted for potential claims, extra work and extensions. 2. Organization and availability of project records. 3. Furnishing of required certifications of materials, delivery tickets and invoices. time 2.0 3.0 3.0 Working relationship with City personnel responsible for administration of the Contract requirements and inspection of the work. 1. Notifying the City of problems before the work is continued. 2.0 2. Effecting changes within the scope of the Contract as instructed by the City. 2.0 3. Informing City Construction Management personnel in advance of scheduled day to day items of work. 1.0 4. Responding to correspondence from the City. 2.0 5. Properly notifying the City in advance of job changes and shut-down for Holidays, adverse weather, leaving the Job or other circumstances. 2.0 SECTION I TOTAL ( 30.0 ) SECTION II WORK PERFORMANCE ao Prosecution of the Work. 1. Effort to complete the work within Contract time plus authorized extensions. 0.5 2. Punctuality in starting the work and completing critical intermediate phases. 1.0 3. Effort in performing work on all production items available throughout the project. 1.5 4. Manpower co~unitment in perform the work. 1.0 5. Knowledge and competency of work force in performance of assigned job duties. 2.0 6. Accuracy and dependability survey layout. 3.0 7. Cooperation in performance of work with local citizens, (dust control, accessibility~ restoration) . 2.0 8. Availability of project superintendent. 2.0 Work effort and product quality control. 1. Quality of work completed. 2.0 2. Allowance of sufficient time for job site sampling and testing of materials before proceeding with the work. 3.0 3. Effort to provide and maintai~ adequate survey station markers and grades. 3.0 4. Pre-planning on complicated work to assure a smooth operations. 2.0 5. Quality of the work with normal inspection. 2.5 Scheduling and controlling of construction activities to minimize the impact on traffic through the construction zone, access to adjacent property and protection of the general public. 1. Maintenance and lighting of approach warning signs and barricades both day and night. 2.5 2. Adequacy of traffic flag~an, including training and equipment. 2.5 3. Response time in correcting jobsite conditions hazardous to the general public. 2.0 4. Signing, (informational, special detour, lane closure, etc.), including required striping and maintenance. 2.0 5. Protecting and maintaining required access to adjacent property including use and maintenance of erosion control devices. 2.0 6. Securing project at the end of each workday, weekends and holidays. 2.0 Sufficiency of appropriate equipment to prevent downtime and provide safe production of a quality product. 1. Availability of sufficient equipment for performance of the work. 2.0 2. Service and repair of equipment to insure a quality product. N/A 3. Use of proper equipment on designated work. 3.0 4. Operator performance on equipment being utilized. 3.0 5. Utilization of trained and competent personnel for all equipment. E. Compliance with E.E.O., labor, training and on-site safety. Fo Go Maintenace of the worksite in a safe and clean condition. 2.0 Employees adherence to Contractors safety policy and City safety requirements. 2.5 Furnishing a certified payrolls both for contractor and his subcontractors as required. 3.5 Interface with utility companies in adjusting, relocating or install facilities concurrent with construction. 1. Providing required notice to the City regarding planned operations affected by utilities. 2. Coordination with utility companies in protection of existing facilities. Effort to work with utility companies as necessary in correcting unforeseen problems, Final completion of the project. 2.0 2.5 2.5 2.0 1. Effort in expediting project clean-up. 2. Effort in minimizing punch list items. 3, Submission of all final paperwork and documentation. SECTION II TOTAL ( 69.5 ) PROJECT MANAGERS P. EMARKS SUPPORTING GRAD~.~ Submitted: s s 1st a~t"~onst ructi0n Manager Date Agenda Item No.(~J~ AGENDA REQUEST Date: June 18, 2002 Request to be placed on: -X-Regular Agenda Special Agenda Workshop Agenda When: July 2, 2002 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for closeout Change Order #1/Final to Florida Blacktop, Inc. on the NE/NW Infrastructure Improvements, PN 00-047. It is for the final plus/minus quantity adjustments, miscellaneous changes to the original Contract, and liquidated damages for delay. Change Order #1/Final is a net add in the amount of $44,510.17. A request is also made for final payment in the amount of $92,717.37 to Florida Blacktop, Inc. Funding is from 370-3162-541-65.44, 2000 Roadway Bond NE/NW Area, after budget transfer. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Change Order #1/Final and Final Payment to Flodda Blacktop, Inc. for the completion of tJ~NE/NV~.~rea Infrastructure Improvements project. Department head signature: C -g~- oz~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable):. Budget Director Review (r,,eq~d on all items involving expenditure of funds): _ ~ Funding available(~'ES~NO __ ~'~'~ ) Funding altemativc~b-(ff appli~"~l~, _e~ ' ( ~t'~rtz~. Account No. & Des~cription ~ Account Balance J;Ct~. City Manager Review: ' ~PolPdrol~netidl:for agenda: (~NO Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~...~00-047~AGREQCO1 ctoseout 07.02.02 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~}~ITY MANAGER SUBJECT: AGENDA ITEM ~ [~/ - REGULAR MEETING OF JULY 2. 2002 CHANGE ORDER NO. 2/FINAL PAYMENT/FLORIDA BLACKTOP. DATE: JUNE 28, 2002 This is before the City Commission to approve Change Order No. 2 in the net deduct mount of $41,090.14 and final payment in the amount of $314.80 to Florida Blacktop, Inc. for completion of the Pineapple Grove Way project. Funding will be from 334-6111-519-63.90 for $31,655.95 (General Construction Fund/Other Improvements) and from 448-5461-538-65.12 for $9,434.19 (Storm Water Utility Fund/NE 2"d Avenue). Recommend approval of Change Order No. 2 and final payment to Florida Blacktop, Inc. S:\City Clerk\chevelle folder\agenda memos\Final Payment. Florida Blackt op. Pineapple. I nc.07.02.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DAVID T. HARDEN City Manager vicToR Assistant Construction Manager PINEAPPLE GROVE WAYS (PN 99-039) Change Order #2/Final, Final Payment DATE: JUNE 18, 2002 www. delrayesd com Attached for Commission approval is an agenda request for closeout Change Order #2, Final to Florida Blacktop, Inc. on the Pineapple Grove Way project, PN 99-039. It is for the final plus/minus quantity adjustments, miscellaneous changes to the original Contract, and liquidated delay damages. Change Order #2, Final is a net deduct amount of $41,090.14. A request is also made for final payment in the amount of $314.80 to Florida Blacktop, Inc. A Contractor Evaluation form is attached for your review. Residual funds to be liquidated from PO#589698 to accounts 334-6111-519-63.90 (General Construction Fund/Other Improvements) in the amount of $31,655.95 and 448-5461-538-65.12 in the amount of $9,434.19 (Storm Water Utility Fund/NE 2nd Ave). CC: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Dir. of Construction City Clerk's Office Agenda File 07/02/02 Project File 99-039(A) S:~EngAdmtnLProjectsl1999199-O391CONSTRCI~co2.finalmem-O7.02.02. doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2/Final PROJECT NO. 99-039 DATE: PROJECT TITLE: Pineapple Grove Way TO CONTRACTOR: Florida Blacktop, Inc.. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES 1N THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Plus/minus quantity adjustments changes per at~ached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDEKED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS OKDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER TOTAL PER CENT DECREASE TO DATE -3.5% $ 2,054,929.26 $ 31,655.95 $ 2,086,585.21 $ -41,090.14 $ 2,045,495.07 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. Florida Blacktop, Inc (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from 334-6111-519-65.12, NE 2~d Ave DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: Mayor ATTEST: By: City A~om~ City Cle~ CITY OF DELRAY BEACH PINEAPPLE GROVE WAY PROJECT NO: 99-39 Final Quantities I Maintenance of Traffic I .S $65,000.C0 $95,000.00 1 LS $65,000.00 $95,000.00 2 Demoliton & Clearing I _S $59,671.15 $59,671.15 1 LS $59,671.15 $59,671.15 3 l~l/2"TypeS-3Aspha~t 2650 3Y $5.63 $14,919.50 2288 SY $5.63 $12,881.44 4 l"AsphaltOverlay 500 tONS $72.50 $36,250.00 413 TONS $72.50 $39,942.50 5 Asphalt Overbuild 150 3Y $18.30 $2,745.00 1038 SY $18.30 $18,995.4{~ 6 6" Limereck Base 2150 3Y $10.50 $22,575.00 2972 SY $10.50 $31,206.00 7 6" FIowable Fill Road Base 1100 3F $2.81 $3,091.00 380 SF $2.81 $1,067.80 8 12" Compacted Subgrade 2650 3Y $3.00 $7,950.C0 2770 SY $3.00 $8,310.0(~ 9 Asphalt Trench Repair 925 .F $26.79 $24,780.75 1884 LF $26.79 $50,472.36 10 5' Concrete Sidewalk 300 .F $10.40 $3,120.00 55.4 LF $10.40 $576.18 11 SidewalkPaversw/Beddin~) 52000 3F $3.11 $161,720.00 40511 SF $3.11 $125,989.21 12 Roadway Pavers 24000 3F $3.67 $88,080.00 23805 SF $3.67 $87,364.35 13 6"xl0"ConcreteEd~er 7250 .F $11.97 $86,782.50 6471 LF $11.97 $77,457.87 14 6" x 2' Concrete Edger 2000 .F $17.64 $35,280.00 1609 LF $17.64 $28,382.78 15 6" x 2' Concrete Edger w/Lip 470 .F $15.75 $7,402.50 180 LF $15.75 $2,835.0~ 16 Type D Curb 450 _F $9.45 $4,252.50 528 LF $9.45 $4,989.60 17 TypeFCurb 55OO _F $11.34 $62,37O.OO 4315 LF $11.34 $48,932.10 18 Drop Curb 3000 _F $6.93 $20,790.00 921 LF $6.93 $6,382.53 19 12" Header Curb 1000 .F $18.27 $18,270.00 1152 LF $18.27 $21,047.04 20 18" Plastic Root Barrier 1450 .F $5.22 $7,569.00 847 LF $5.22 $4,421.34 21 PavemeetMarkings&Si~na~e I .S $15,410.57 $15,410.57 1 LS $15,410.57 $15,410.57 22 Typo C Inlet w/Gutter Casting 32 =A $2,142.11 $68,547.52 30 EA $2,142.11 $64,263.38 23 Typo E Inlet w/Gutter Casting 2 ---A $2,772.14 $5,544.28 2 EA $2,772.14 $5,544.28 24 TypeJInletw/GutterCasting 3 =A $4,410.22 $13,230.66 3 EA $4,410.22 $13,230.68 25 4' DiamcterManhole 7 EA $2,772.14 $19,404.98 6 EA $2,772.14 $16,632.8,~ 26 5' DiameterManhole 3 =A $3,780.19 $11,340.57 3 EA $3,780.19 $11,340.57 27 6' DiameterManhole I =-A $4,410.22 $4,410.22 1 EA $4,410.22 $4,410.22 28 NewCastinf) 8 =A $756.04 $6,048.32 2 EA $756.04 $1,512.08 29 Core Existing Structure 8 =A $1,260.06 $10,080.48 1 EA $1,260.06 $1,260.08 30 Pluf) Existin~l Structure 8 --A $756.04 $6,048.32 4 FcA $756.04 $3,024.18 31 Relocofe Existing Structure 6 =A $2,142.11 $12,852.66 2 EA $2,142.11 $4,284.22 32 Connect to Existing Drainage 12 --A $1,890.10 $22,681.20 16 EA $1,890.10 $30,241.68 33 Concrcte Connection Collar 1 =A $1,260.06 $1,260.06 2 EA $1,260.06 $2,520.12 34 12"RCP 25 .F $28.98 $724.50 0 LF $28.98 $6.00 35 15"RCP 600 .F $28.98 $17,388.00 554 LF $28.98 $16,054.92 36 16"RCP 1250 .F $32.76 $40,950.00 1899 LF $32.76 $62,211.2,~ 37 2'x2' Concrete Flume 2 --A $189.01 $378.02 2 EA $189.01 $378.02 38 Sodded Swale 125 3Y $6.30 $787.50 125 SY $6.30 $787.5{~ 39 Extend Existing Roof Drains 25 .F $25.20 $630.00 37 LF $25.20 $932.40 40 6"DIPWeterMain 155 .F $26.46 $4,101.30 170 LF $26.46 $4,498.2(1 41 6"DIPWaterMain 500 .F $31.50 $15,750.00 265 LF $31.50 $6,347.50 42 16" DIP Water Main 125 .F $69.30 $6,662.50 0 LF $69.30 $0.0~ 43 Remove Existing Weter Main 405 .F $12.60 $5,103.C0 160 LF $12.60 $2,0t6.0~ 44 New Fire Hydrant Assembly 2 ---A $3,150.16 $6,300.32 3 EA $3,150.16 $9,450.48 45 Relocate Fire Hydrant 4 --A $1,890.10 $7,660.40 1 EA $1,890.10 $1,890.10 46 8" x 6" Tap Sleeve & VaNe 2 --A $6,150.16 $6,300.32 0 EA $3,150.16 $6.0(1 47 6"x6"TapSleeve&Valve 4 --A $3,150.16 $12,600.64 3 EA $3,150.16 $9,450.48 48 4" Gate Valve t --A $630.03 $630.03 0 EA $630.03 $6.0(1 49 6~ Gate Valve 4 =A $630.03 $2,520.12 4 EA $630.03 $2,520.12 50 6" Gate Valve 9 "-A $619.04 $7,371.36 2 EA $619.04 $1,638.08 51 16"ButterflyValve 4 ---A $3,780.16 $15,120.64 0 EA $3,780.16 $6.08 52 Fill & Flush Assembly 2 --A $3,780.19 $7,560.38 I EA $3,780.19 $3,780.1g 53 Sample Point 7 =A $94.50 $661.50 3 EA $94.50 $283.50 54 l-1/2"WaterService 2 EA $945.05 $1,890.10 2 EA $945.~; $1,890.18 55 6' Line Stop 2 -~A $3,780.19 $7,560.38 3 EA $3,780.19 $11,340.57 56 8" Line Stop 5 --A $3,780.19 $18,900.95 0 EA $3,780.19 $0.00 57 16" Line Stop 2 =-A $10,458.53 $20,917.06 0 EA $10,458.53 $0.08 58 BRAZILIAN SNAPDRAGON 216 -~A $10.71 $2,313.36 216 EA $10.71 $2,313.38 59 CARPENTARL~ PALMS 16 -~A $378.02 $6,048.32 16 EA $378.02 $6,048.32 60 FOXTAIL PALM 201 EA $514.11 $10,282.20 20 EA $514.11 $10,282.28 61 GANGES PRIMROSE 13( -~A $2.52 $342.72 104 EA $2.52 $362.08 62 GREEN ISLAND FICUS 361 =~. $9.14 $3,299.54 361 EA $9.14 $3,299.54 63 GOLDEN SHRIMP PLANT 7~ -~A $8.57 $668.46 78 EA $8.57 $668.48 64 GOLD LANTANA 82~ -~A $10.00 $6,2C0.00 820 EA $10.00 $8,200.00 65 GLAUCOUS CASSL~ 1( =A $171.00 $1,710.00 13 EA $171.00 $2,223.0~ 66 HAIRMUHLYGRASS 6~ =A $20.00 $1,2C0.00 120 EA $20.00 $2,400.00 67 LAVENDER STAR FLOWER =A $163.81 $1,146.67 7 EA $163.81 $1,146.67 68 MAHOGANY TREE =-A $409.52 $409.52 1 EA $409.52 $409.52 69 MEDJOOL DATE PALM .=A $4,436.68 $26,620.08 6 EA $4,436.68 $26,620.08 70 PURPLE RUELLIA KATIE 22(: -=A $2.90 $638.00 220 EA $2.90 $638.00 71 PURPLE QUEEN 35~ .-'A $1.39 $499.01 359 EA $1.39 $499.0t 72 PURPLE LANTANA 4~ .-'A $50.00 $2,400.00 72 EA $50.00 $3,600.08 73 CUBAN ROYAL PALM 1~ =A $630.03 $6~450.45 15 EA $630.03 $9r450.43 CITY OF DELRAY BEACH PINEAPPLE GROVE WAY PROJECT NO: 99-39 Final Quantities 74 WHITE PENTAS 9( =A $3.78 $362.88 96 EA $3.78 $362.88 75 Flori-Mulch Grade A 6( .~Y $23.94 $1,436.40 60 CY $23.94 $1,436.4{3 76 Atlas 3000 Plantin~ Mix 24( .~Y $42.84 $10,281.60 240 CY $42.84 $10,281.6~ 77 Design/Build Irri~lafion _S $107,105.38 $107,105.38 1 LS $107,105.38 $107,105.38 78 2" PVC Conduit 1500( _F $3.78 $56,700.00 17740 LF $3.78 $67,057.2{3 79 2-1/2" PVC Conduit 1150( _F $4.73 $54,395.00 12950 LF $4.73 $61,263.5(3 80 4" PVC Conduit 270( _F $9.45 $25,515.00 6191 LF $9.45 $58,504.95 81 Electrioal/Lightin;I System .S $529,226.56 $529,226.56 1 LS $529,226.56 $529,226.58 82 Bench Installation 21 -:A $252.01 $5,292.21 21 EA $252.01 $5,292.21 83 Trash Can installation 14 -:A $252.01 $3,528.14 14 EA $252.01 $3,528.14 84 UtilityAIIowance .S $15,000.00 $15,000.00 0 LS $15,000.00 $0.0(3 Temp driveway for Annex 0 .S $ 1~482.99 $0.00 1 LS $ 1,482.99 $1,482.98 Relay brick pavers Pubitx Driveway - change from grey to color mix 0 _$ $ 1~179.10 $0.(30 I LS $ 1,179.10 $1,178.1(3 NE 3rd Water Main Asphalt 0 .$ $ 4,463.25 $0.00 1 LB $ 4,463.25 $4,463.25 Tree removal (Sta 18+40 to 19+30 ri) -trees in middle of new Removal and disposal of asphalt at NE 3rd intersection -to meet new ~lrades 0 .S S 1,869~22 $0.00 I LS 8 1,669~22 $1,669.22 Removal and Disposal of Concrete and Aspha8 between NE 2nd ST andNE 4th St 0 .$ $ 4,100.03 $0.00 I LS $ 4,109.03 $4,109.03 Cdveway Connections - NE 3rd St to NE 4th St 0 .S $ 2,82994 $9.00 I LS $ 2,82994 $2,829.94 Pipe Removal from NE I st St to 0 .S $ 9,949,36 $0.00 0 LB $ 9,949.36 Additional Water Bodices/Tie-in Extension 0.S $ 8,847.67 $0.00 I LS $ 8,84767 $8,847.67 10 Fete Fusion X-walk 0 .S $ 1,508.23 $0.00 0 ES $ 1,508.23 : : i iiiiiiii 11 Light pole paint spec change 0 .S $ 27,214.11 $0.(30 I LS 8 27,214.11 $27,214.11 12 Relay bdck pavers at Miami Ballet sidewalk connection 0 .S $ 1,597,50 $0.00 I LS $ 1,597.50 $1,697.6(3 13 Install 2 ea 2"water se~icssst~ 15+50 to 16+00 d 0 .S $ 2,34300 $0.00 I LS $ 2,343.OO $2,343.0~ 14 Furnish and install poles/floodlight at Post Office/Publix to replace existing ligMing removed with itgM poles 0 .S $ 2,98Z00 $0.00 I LB $ 2,98200 $2.982.0~ 1~ Removal of existing 18" CMP 0 .S $ 4,760.76 $0.00 I LS $ 4,700 76 $4,760.78 18 Drainage revisions at NE 1st St il 0 .S $ 1,746 00 $0.00 I LB $ t ,746.80 $1,746.6(3 17 ConctflJct tempora;y ac(ess from Ocean City properly to Love"s proper~y at NE let St 0 .S $ t,t67, t0 $0.00 0 LS $ 1,16710 $0.0~ 18 Extra Cleadng Lot 2, Block 83 sidewalk / boulder (MDB Buildin~l) 0 .S $ 1,010.27 $0.00 I LS $ 1,01027 $1,010.27 la lrri~abenChanges 0 .S $ 14,910.00 $0.00 0 LS $ 14,91000 $0.0~ 2(~ New Carpeeteria vs Reuse per Contract 0 .S $ 8,946.00 $0.00 0 LS $ 8,948.80 $0.0~ 21 Asphalt repair at Parks Maintenance BId~l 0 .S $ 5,50000 $0.00 0 LS $ 5,500.09 22 Core and connect Southern Bell conduit to SB manhole. 0 .S $ 1,794 85 $0.00 1 LS $ 1,794 85 $1,794.85 23 Construct Gravity Wait in sidewalk at Ocean Cily Lumber 0 .S $ 2,t64.08 $0.00 1 LS $ 2,164.08 $2,164.08 24 Install irrigation for new planters and sodded swales 0 .$ $ 1,47783 $0.00 1 LS $ 1,477.83 $1,477.88 25 Brick pover tie-ins at private properly 0 .s $ 5,591.99 $0.00 1 LS $ 5,001.99 $5,591.9~ 28 Additional clearing at sidewalk extension at Meisner Electric O .S 8 1,199.02 $0.00 I LS $ 1,199.02 $1,199.02 27 Add Cocoplum plants at Miami Ballet planter 0 .S $ 511.56 $0.00 1 LS $ 51t.56 $511.5~ CITY OF DELRAY BEACH PINEAPPLE GROVE WAY PROJECT NO: 99-39 Final Quantities 28 Additional cost of Bougainvillea replacing Snap Dragon (12 - 1gal container to 9-3 gallon oontainers) .S $ 652.24 $0.00 0 LS $ 652.24 $0.00 29 Add light pole fuses to street lil[Ihting to meet oode .S $ 4,O05.83 $0.00 0 LS $ 4,535.83 $0.00 30 Misc Striping and Signing .S $ 3,622.45 $0.00 0 LS $ 3~922.45 $0.0~ 31 Light pole fuses .S $ 4,532.64 $0.00 1 LS $ 4,532.64 $4,532.64 32 Irrigation / Landscaping revisions behind wstk and at hrv'v' 3rd .S $ 15,343.60 $0.00 I LS $ 15,343.O0 $15,343.0~ 33 bTigation at planter on NE 3rd Str east of NE 2nd Ave .S $ 2,662.50 $0.00 1 LS $ 2,66ZO0 $2,662.5(~ 34 Modification of NE 1st St Intersection 0j.S $ 19,100.54 $0.00 0 LS $ 19,100.54 $0.0{~ ~5 Modification of pavers in front of 0 Hu~lh Jo~tans .S 6 8,817.40 $0.00 0 LS $ 8,8t7~40 $0.0~ 36 Paver repair underneath the 6 existing light poles at Atlantic Ave Oi .S $ 1,067.O0 $0.00 0 LS S 1,067 00 $0.0C 37 Additional paver restom6on - Miss Daisy's patch (168); Turkell and Co. (168); Tamer's Flower Garden (394); Main entrance to Ocean City (420); Mizner side entrance (300) 0 .S $ 3,990.o0 $0.00 0 LS $ 3,990.00 $0.0~ 38 Additonal work at NE 2nd/NE 2nd - 9 hours extra work for crew;new top slab (mat, epuip, labor) 0 .S $ 2,945.00 $0.00 I LS $ 1 ,O00.O0 $1,000.0~ 39 Ocean City Lumber water senrice repair 0 .S $ 274.60 $0.00 1 LS $ 27460 $274.6~ 40 Repair valve at NE comer of NE 1st St and NE 2fid Ave 0 .S $ 1,598.63 $0.00 1 LS $ 20000 $200.0~ 41 Additional MOT 0 .S $ 23,50000 $0.00 0 LS $ 23,O00.00 $0.0~ 42 AdditionalSuweying 0 .S $ 2,16000 $0.00 1 LS $ 2,160.00 $2,160.0(: 43 Additionalproject management 0 .S $ 11,41481 $0.00 0 LS $ 11,414.81 $0.0C 44 Move pavers stockpiled on A6antic Ave 0 .S $ 351 23 $0.00 I LS $ 351.23 $351 45 Home Office Overhead 0 .S $ 165,99268 $0.00 0 LS $ 165,992.68 $0.0~ 46 Preparation work for ststuss 0 .S $ 2,164.15 $0.00 1 LS 2,164.15 $2,164.1~ 47 Removal & disposal of drainage structures 0 .S $ 3,75621 $0.00 1 LS 2,190~O0 $2,190.0(: 4a GFI receptacles ~ poles 0 .S $ 6,585.47 $0.00 I LS 6,585.47 $6,585,47 85 Video Allowance 1 .S $1,000.00 $1,000.00 0 LS $1,000.00 $0.0~ 86 Indemnity 1 .S $10.00 $10.00 I LS $10.00 Change Order #1 - E Atlantic Ltg 1 .S $3116~5.g5 $31,655.95 I LS $31,655.95 $31,655.~ ~'~ 'Ap~' · . ........ Approved Changes $11,909.86 Original Contract $2,054,929.26 Plus Previously A~roved Chan{~es $31,666.95 Contract Value to Date $2,098,495.07 Contract Total $2,086,585.21 e Less Contract Total $2,086,585.21 ITotal Changes Sl 1,909,86 Plus Li~uidsted Damages /$53,0C0.001 I Net Chan~le Order ~$41,090.14] I CITY OF DELRAY BEACH CONTRACTOR'S PROJECT PERFORMANCE REPORT PERFORMANCE RATING AVERAGE r~2.18r~ PROJECT: Pineapple Grove Way PROJ. #: 99-039 DATE: September 4, 2000 1280 S. Powerline Road (Mailing Address) Pompano, FL 33069 (City, State, Zip) Florida Blacktop1 Inc (Contractor Name) Pavin.q, Gradin.q and Utilities (Type of Work $2,054,929.26 ($ Amount) GRADING INSTRUCTIONS This report contains two sections, SECTION I, "MANAGEMENT AND ORGANIZATION OF THE WORK", and SECTION II, "WORK PERFORMANCE". Contained in each SECTION listed under Topic Statements (A., B., C., etc.), are Items, (1., 2., 3., etc.), to be graded by the Proiect En.qineer as follows: 1 - Unsatisfactory 2 - Marginal 3 - Satisfactory 4 - Above Satisfactory 5 - Excellent The overall average of both these sections is listed above as the Performance Rating Average based on the 1-5 scale above. Section I Score 30.0 / 14 = 2.14 Points Section II Score 70.5/ 32 = 2.20 Points Overall Score 100.51 46 = 2.18 Points SECTION I MANAGEMENT AND ORGANIZATION OF THE WORK A. Effectiveness of supervision in organizing construction operations control. 1. Preconstruction Conference preparation and presentation. 3.0 2. Adequacy in maintaining their proposed work schedule and preventing delays of stoppages in particular phases or overall project completion. 1.0 3. Coordination and supervision of subcontractors to insure quality control and contract compliance. 2.0 4. Knowledge of supervisory personnel regarding specifications, plans and special provisions. 2.0 5. Supervision of work crews. 2.0 6. Preparation of shop drawings and submittals. 3.0 B. Negotiation of Contract modifications, project record- keeping and project documentation. 1. Organization and completeness of data submitted for potential claims, extra work and time extensions. 2.0 2. Organization and availability of project records. 3.0 3. Furnishing of required certifications of materials, delivery tickets and invoices. 3.0 scheduling the work, and providing quality Working relationship with City personnel responsible for administration of the Contract requirements and inspection of the work. 1. Notifying the City of problems before the work is continued. 2.0 2. Effecting changes within the scope of the Contract as instructed by the City. 2.0 3. Informing City Construction Management personnel in advance of scheduled day to day items of work. 1.0 4. Responding to correspondence from the City. 2.0 5. Properly notifying the City in advance of job changes and shut-down for Holidays, adverse weather, leaving the job or other circumstances. 2.0 SECTION I TOTAL ( 30.0 ) SECTION II WORK PERFORMANCE A. Prosecution of the Work. 1. Effort to complete the work within Contract time plus authorized extensions. 0.5 2. Punctuality in starting the work and completing critical intermediate phases. 1.0 3. Effort in performing work on all production items available throughout the project. 1.5 4. Manpower commitment in perform the work. 1.0 5. Knowledge and competency of work force in performance of assigned job duties. 2.0 6. Accuracy and dependability survey layout. 3.0 7. Cooperation in performance of work with local citizens, (dust control, accessibility, restoration). 2.0 8. Availability of project superintendent. 2.0 B. Work effort and product quality control. 1. Quality of work completed. 2.0 2. Allowance of sufficient time for job site sampling and testing of materials before proceeding with the work. 3.0 3. Effort to provide and maintain adequate survey station markers and grades. 3.0 4. Pre-planming on complicated work to assure a smooth operations. 2.0 5. Quality of the work with normal inspection. 2.5 C. Scheduling and controlling of construction activities to minimize the impact on traffic through the construction zone, access to adjacent property and protection of the general public. 1. Maintenance and lighting of approach warning signs and barricades both day and night. 2.5 2. Adequacy of traffic flagman, including training and equipment. 2.5 3. Response time in correcting jobsite conditions hazardous to the general public. 2.0 4. Signing, (informational, special detour, lane closure, etc.), including required striping and maintenance. 2.0 5. Protecting and maintaining required access to adjacent property including use and maintenance of erosion control devices. 2.0 6. Securing project at the end of each workday, weekends and holidays. 2.0 Sufficiency of appropriate equipment to prevent downtime and provide safe production of a quality product. 1. Availability of sufficient equipment for performance of the work. 2.0 2. Service and repair of equipment to insure a quality product. N/A 3. Use of proper equipment on designated work. 3.0 4. Operator performance on equipment being utilized. 3.5 5. Utilization of trained and competent personnel for all equipment. 3.0 E. Compliance with E.E.O., labor, training and on-site safety. 1. Maintenace of the worksite in a safe and clean condition. 2.0 2. Employees adherence to Contractors safety policy and City safety requirements. 2.5 3. Furnishing a certified payrolls both for contractor and his subcontractors as required. 3.5 Interface with utility companies in adjusting, relocating or install facilities concurrent with construction. 1. Providing required notice to the City regarding planned operations affected by utilities. 2.5 2. Coordination with utility companies in protection of existing facilities. 2.5 3. Effort to work with utility companies as necessary in correcting unforeseen problems. 2.5 Final completion of the project. 1, Effort in expediting project clean-up. 1.0 2. Effort in minimizing punch list items. 1.0 3. Submission of all final paperwork and documentation. 2.0 SECTION II TOTAL ( 70.5 ) PROJECT MANAGERS REMARKS SUPPORTING GRADES Submitted: ~~~n Manager Date AGENDA REQUEST Date: June 18, 2002 Request to be placed on: --X--Regular Agenda Special Agenda Workshop Agenda When: July 2, 2002 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for closeout Change Order #2/Final to Florida Blacktop, Inc. on the Pineapple Grove Way Project, PN 99-039. It is for the final plus/minus quantity adjustments, miscellaneous changes to the original Contract, and liquidated delay damages. Change Order #2/Final is a net deduct in the amount of $41,090.14. A request is also made for final payment in the amount of $314.80 to Florida Blacktop, Inc. Residual funds to be liquidated from PO#589698 to accounts 334-6111-519-63.90 ($31,655.95) and 448- 5461-538-65.12 ($9,434.19). ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Change Order ff2/Final and Final Payment to Florida Blacktop, Inc. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (,Feared on all items involving expenditure of funds): ,-. Funding availabl ,' Y~y~/NO_ ~ Funding altemativ'e~(if applicable): see ab.?ve ~/X~,\ Account No. & Description \ B'r~,ccount Ba ance ~ ~q~' I"~y Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...~99-O39~AGREQCO2 closeout 07.02.02 MEMORANDUM TO: FROM: SUBJECT: iTy YOR AND CITY COMMISSIONERS MANAGER AGENDA ITEM ~0 - REGULAR MEETING OF JULY 2. 2002 CHANGE ORDER NO. 3/FINAL PAYMENT/FLORIDA BLACKTOP. INC. DATE: JUNE 28, 2002 This is before the City Commission to approve Change Order No. 3 in the net deduct mount of $46,281.36 and final payment in the mount of $25,729.52 to Florida Blacktop, Inc. for completion of the 2000 Roadway Bond SE/SW Infrastructure Improvements project. Funding will be from 370-3162-541-65.45 (2000 Roadway Bond SE/SW Area). Recommend approval of Change Order No. 3 and final payment to Florida Blacktop, Inc. S:\City Clerk\chevelle folder\agenda memos\Final Payment. Florida Blacktop,lnc. OT.0ZO2 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www. delrayesd, com DAVID T. HARDEN City Manager VICTOR MAJTENYI/~ Assistant Construction Manager SE/SW AREA INFRASTRUCTURE IMPROVEMENTS (PN 2000-046) Change Order #3/Final, Final Payment JUNE 18, 2002 Attached for Commission approval is an agenda request for closeout Change Order I/3, Final to Florida Blacktop, Inc. on the SE/SW Area Infrastructure Improvements project, PN 00-046. It is for the final plus/minus quantity adjustments, miscellaneous changes to the original Contract, and liquidated delay damages. Change Order #3, Final is a net deduct amount of $46,281.36. A request is also made for final payment in the amount of $25,729.52 to Florida Blacktop, Inc. A Contractor Evaluation form is attached for your review. Residual funds to be liquidated from PO#593306 to 370-3162-541-65.45 (2000 Roadway Bond SE/SW Area) in the amount of $46,281.36. Richard Hasko; Director of ESD Randal Kmjcarek; City Engineer Rafael Ballestero; Dep. Dir. of Construction City Clerk's Office Agenda File 07~02/02 Project File 00-046(A) S:lEngAdminlProjects12000[2000-O461CONSTRCI~co3dlnalmem-07. 02. 02.doc CHANGE NO. 3/Final CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT PROJECT NO. 00-46 DATE: PROJECT TITLE: SE/SW Area Improvements TO CONTRACTOR: Florida Blacktop, Inc.. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES 1N THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Plus/minus quantity adjustments changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER TOTAL PER CENT DECREASE TO DATE 4.1% $ 1,133,457.03 $ 180,153.11 $ 1,313,610.14 $ -46,281.36 $ 1,267,328.78 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 trader benefit of competitive bidding. Florida Blacktop, Inc (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from 370-3162-541-65.45 (2000 Road bond - SE/SW Area). DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: Mayor ATTEST: By: City Attomey City Clerk CITY OF DELRAY BEACH CONTRACTOR'S PROJECT PERFORMANCE REPORT PERFORMANCE RATING AVERAGE []2.18D PROJECT: SE/SW Area Infrastructure Improvements PROJ. #: 00-046 DATE: April 10, 2002 1280 S. Powerline Road (Mailing Address) Pompano, FL 33069 (City, State, Zip) Florida Blacktop, Inc (Contractor Name) Paving, Grading and Utilities (Type of Work $1,133,457,03 ($ Amount) GRADING INSTRUCTIONS This report contains two sections, SECTION I, "MANAGEMENT AND ORGANIZATION OF THE WORK", and SECTION II, "WORK PERFORMANCE". Contained in each SECTION listed under Topic Statements (A., B., C., etc.), are Items, (1., 2., 3., etc.), to be graded by the Project Engineer as follows: 1 - Unsatisfactory 2 - Marginal 3 - Satisfactory 4 - Above Satisfactory 5 - Excellent The overall average of both these sections is listed above as the Performance Rating Average based on the 1-5 scale above. Section I Score Section II Score 30.0 / 14 = 2.14 Points 70.5/ 32 = 2.20 Points Overall Score 100.5/ 46 = 2.18 Points SECTION I MANAGEMENT AND ORGANIZATION OF THE WORK A. Effectiveness of supervision in scheduling the work, organizing construction operations and providing quality control. 1. Preconstruction Conference preparation and presentation. 3.0 2. Adequacy in maintaining their proposed work schedule and preventing delays of stoppages in particular phases or overall project completion. 1.0 3. Coordination and supervision of subcontractors to insure quality control and contract compliance. 2.0 4. Knowledge of supervisory personnel regarding specifications, plans and special provisions. 2.0 5. Supervision of work crews. 2.0 6. Preparation of shop drawings and submittals. 3.0 B. Negotiation of Contract modifications, project record- keeping and project documentation. 1. Organization and completeness of data submitted for potential claims, extra work and extensions. 2. Organization and availability of project records. 3. Furnishing of required certifications of materials, delivery tickets and invoices. time 2.0 3.0 3.0 Working relationship with City personnel responsible for administration of the Contract requirements and inspection of the work. 1. Notifying the City of problems before the work is continued. 2.0 2. Effecting changes within the scope of the Contract as instructed by the City. 2.0 3. Informing City Construction Management personnel in advance of scheduled day to day items of work. 1.0 4. Responding to correspondence from the City. 2.0 5. Properly notifying the City in advance of job changes and shut-down for Holidays, adverse weather, leaving the job or other circumstances. 2.0 SECTION I TOTAL ( 30.0 ) SECTION II WORK PERFORMANCE A. Prosecution of the Work. 1. Effort to complete the work within Contract time plus authorized extensions. 0.5 2. Punctuality in starting the work and completing critical intermediate phases. 1.0 3. Effort in performing work on all production items available throughout the project. 1.5 4. Manpower commitment in perform the work. 1.0 5. Knowledge and competency of work force in performance of assigned job duties. 2.0 6. Accuracy and dependability survey layout. 3.0 7. Cooperation in performance of work with local citizens, (dust control, accessibility, restoration). 2.0 8. Availability of project superintendent. 2.0 B. Work effort and product quality control. 1. Quality of work completed. 2.0 2. Allowance of sufficient time for job site sampling and testing of materials before proceeding with the work. 3.0 3. Effort to provide and maintain adequate survey station markers and grades. 3.0 4. Pre-planning on complicated work to assure a smooth operations. 2.0 5. Quality of the work with normal inspection. 2.5 C. Scheduling and controlling of construction activities to minimize the impact on traffic through the construction zone, access to adjacent property and protection of the general public. 1. Maintenance and lighting of approach warning signs and barricades both day and night. 2.5 2. Adequacy of traffic flagman, including training and equipment. 2.5 3. Response time in correcting jobsite conditions hazardous to the general public. 2.0 4. Signing, (informational, special detour, lane closure, etc.), including required striping and maintenance. 2.0 5. Protecting and maintaining required access to adjacent property including use and maintenance of erosion control devices. 2.0 6. Securing project at the end of each workday, weekends and holidays. 2.0 Sufficiency of appropriate equipment to prevent downtime and provide safe production of a quality product. 1. Availability of sufficient equipment for performance of the work. 2.0 2. Service and repair of equipment to insure a quality product. N/A 3. Use of proper equipment on designated work. 3.0 4. Operator performance on equipment being utilized. 3.5 5. Utilization of trained and competent personnel for all equipment. 3.0 E. Compliance with E.E.O., labor, training and on-site safety. Maintenace of the worksite in a safe and clean condition, 2.0 Employees adherence to Contractors safety policy and City safety requirements. 2,5 Furnishing a certified payrolls both for contractor and his subcontractors as required. 3.5 Interface with utility companies in adjusting, relocating or install facilities concurrent with construction. 1. Providing required notice to the City regarding planned operations affected by utilities. 2,5 2. Coordination with utility companies in protection of existing facilities. 2.5 3. Effort to work with utility companies as necessary in correcting unforeseen problems. 2.5 Final completion of the project. 1. Effort in expediting project clean-up. 1.0 2. Effort in minimizing punch list items. 1.0 3. Submission of all final paperwork and documentation. 2.0 SECTION II TOTAL ( 70.5 ) PROJECT MANAGERS REMARKS SUPPORTING GRADES Submitted: Assis~Const ruction Manager Agenda Item No. ~;~(~ AGENDA REQUEST Request to be placed on: Date: June 18, 2002 --X--Regular Agenda Special Agenda Workshop Agenda When: July 2, 2002 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for closeout Change Order #3/Final to Florida Blacktop, Inc. on the SE/SW Infrastructure Improvements, PN 00-046. It is for the final plus/minus quantity adjustments, miscellaneous changes to the original Contract, and liquidated delay damages. Change Order #3/Final is a net deduct in the amount of $46,281.36. A request is also made for final payment in the amount of $25,729.52 to Florida Blacktop, Inc. Residual funds to be liquidated from PO~593306 to 370-3162-541-65.45, 2000 Roadway Bond SE/SW Area in the amount $46,281.36. ORDiNANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Change Order #3/Final and Final Payment to Florida Blacktop, Inc. ~~__.~ ~.__~_~ Department head signature: (,,- ~'-t- ~z/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r/efluir~ed on all items involving expenditure of funds): ~ Funding available~O ~/~L~) Funding alternatives(if applicable): see above ('~ Account No. & Description 330~Sl(~z-£~,(~.g.-q.~ '~E- ~,,,~ ~,~,~,, ~1 Account Balance City Manager Review: Approved for agenda:/~/NO _.~O~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~...~:)0-O46~AGREQCO3 c!oseout 07.02.02 A DMINIS Ttt A TI SEll CE$ MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager jbert A. Barcinski, Assistant City Manager ne 25, 2002 Agenda Item ~ City Commission Meeting July 2, 2002 Special Event Request "Columbus Day Italian Fiesta" Action: City Commission is requested to endorse the 3rd Annual "Columbus Day Italian Fiesta" sponsored by the Order Sons of Italy in America Lodge #2719 to be held on October 11-12, 2002 from 12PM until 10PM, at Veterans Park to grant a temporary use permit per LDR's Section 2.3.6(H) for the use of the park, and to approve staff support for traffic control and security, and trash cleanup. BackRround: Attached is a request for this event submitted by Mr. William Fuoco. The event is being supported by the Joint Venture as part of the Heritage month celebrations. The event sponsors are requesting support for the event, and staff assistance as outlined. The sponsor would need access to the Adult Center restrooms. The estimated overtime cost for staff support is approximately $4,776 with EMS Service and $2,119 without EMS assistance. The years event is a proposed two day event versus one day as last year. Based on the attendance estimated I do not think on site EMS assistance will be required. Last year's overtime costs for this event were $952.75. The event sponsors are asking that overtime costs be waived. The event sponsors were required to pay all overtime costs last year; however Commission agreed to consider review of the overtime payment this year. Recommendation: Staff recommends considering approval of the event and providing staff assistance for traffic control and security and trash removal and clean up assistance. Recommend approval be contingent on receipt of required certificate of insurance, and hold harmless agreement and the event sponsor paying 50% all overtime. RAB:tas File: u:sweeney/events Doc:Columbus Day Celebration 2002 CITY MANAGER JAN 25 2002 January 23, 2002 CITY MANAGER RE: Agenda Item - City Commission Meeting. Special Event Request Dear Mr. Harden; The Delray Beach Lodge ~g2719, Order Sons of Italy in America respectfully requests the use of Veteran's Park on Saturday, October 12, and Sunday, October 13, 2002 for the sole purpose of celebrating the founding o~his great country of ours by our pstron Christopher Columbus. This being our third annual "Columbus Day Italian Festa," the committee, working in conjunction with the Joint Venture would certainly welcome the City Commissioners endorsement for this special event. We would appreciate the granting of a waiver for the consumption of alcoholic beverages on public property and also a request for a special variance to the provisions of Chapter 99 of the City's Code of Ordinances gnveming Noise ConltoL The committee will provide a copy of our liability insurance certificate along with a signed copy of the hold harmless agreement. Thank you for the many kindness' conveyed to our Lodge in the past and hoping for an affirmative answer to our request. William G. Fuoco, President For the Committee: Emilio Petti - Festa Chairman Perry DonFrancisco - Co-Chairman William G. Fuoco - Co-Chairman Phone 266-8982 27g-3364 278-9936 Should you have any questions please call any of the above members. WGF:mef TO: FROM: SUBJECT: DA~T~R~MANAGER PAUL DORLING, DIR~)I'OR OF PLANNING AND ZONING MEETING OFJULY2~2002 **CONSENT AGENDA** CLOSE OUT AND FINAL PAYMENT OF CONTRACT FOR THE 4TM BEACH RENOURISHMENT PROJECT TO BEAN- STEYVESANTFOR $411,103.64. On December 11, 2001 the City Commission approved the award for the Beach Renourishment contract to Bean Stuyvesant for $3,882,210. The award covered mobilization costs, and placement of 1.1 million cubic yards of sand on 1.7 miles of beach. On March 5, 2002 the City Commission approved an amendment to the contract to include an additional 100,000 cubic yards of sand increasing the contract total to $4,088,510. On May 21, 2002 the City Commission approved a second modification which included an increase of $22,536.40 for a total contract cost of $4,111,046.40 to cover a beach tilling task. To date two payments have been made ($940,151.80 and $2,759,790.96 for a total of $3,699,942.76). The final payment of $411,103.64 which represents the 10% retainage for the entire project was being held pending removal of a few sections of submerged pipelines and their associated marker buoys. These components have been removed, a final inspection of the adjacent reef system has been conducted and Coastal Planning and Engineering Inc. has certified the project complete. By motion, approve the final close-out payment of $411,103.64 to Bean Stuyvesant for the 4th beach renourishment project. Sent By: CP&E; 561 391 9116j Jun-14-02 15:47; Page 2/4 COASTAL PLANNING & ENGINEERING, INC. 2481 N.W. BOCA RATON BOULEVARD, 8OCARATON, FL 33431 4819.15 (561) 391-8102 Fax: (56t) 391-9116 In[ernet: http:/b, vww.coastalDlanning.net E-mail: mail~}coastalpianning .net lane 14, 2002 Mr. Paul Doffing, AICP Director of Planning and Zoning City Of Delray Beach 100 N.W. 1 Avenue DclrayBeach, FL 334~4 Re; Delray Beach 4tb Periodic Beach Renourishment Project; Recommendation of Payment for the Final Invoice for Project Construction Dear Mr. Dorling: This is to recommend payment of the final invoice (attached), submitted by the contractor, Bean Stuyvesant, LLC, for beach renouHshment project conslruction. The invoice includes payment for thc 10% retainage which was withheld until satisfactory completion of the project The invoice is for $411,103.64. If you should have any questions, please call me. Sincerely, ~ch~d H. Sp~oni ~ Senior Vice P~sident i:word/palmbch/dclray~nalpaymentrecommendatio n.do¢ CC: Dan Marfino, City of Delray Beach Arie van del Adel Craig I. Kruemp¢l, CPE Jennifer Davis, CPE Mike Jenkins, CPE Sent By: CP&E; 561 391 9116; Jun-14-02 15:47; Page 3/4 Bean Stuyvesant, LLC INVOICE 968,500.00 3,a88 A38.40 jUN 1 4 ~_OOZ j ¥~/~./~J MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM ~ - REGULAR MI~.I~.TING OF JULY 2. 2002 REPORT OF APPEALABLE !.AND DEVELOPMENT BOARD ACTIONS DATE: JUNE 28, 2002 Attached is the Report of Appealable Land Use Items for the period June 17, 2002 through June 28, 2002. It informs the Commission of the various land use actions taken by the designated boards, that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\city Clerk\cheveRefolder\agendamemos\apagmem.07.0Z02 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER MEETING OF JULY 2, 2002 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JUNE 17, 2002 THRU JUNE 28, 2002 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of June 17, 2002 through June 28, 2002. 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 minimum has not occurred). Section 2.4.7(E) 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. A. Approved with conditions (5 to 0), the master plan modification for the Legacy at Sherwood Forest, a proposed 72-unit townhouse development, located on the east and west sides of Sherwood Forest Drive, south of West Atlantic Avenue. Concurrently, the Board approved an internal adjustment reducing the front and side street setback from 25' to 22' and 19' respectively for units 1, 6, 22, 26, and 28-33. Also, the Board granted a waiver reducing the minimum paving width for the internal roads from 24' to 22'. B. Approved with conditions (5 to 0), a temporary closure for Green Parkway, at its intersection with Linton Boulevard, in the Pines of Delray Subdivision, located on the north side of Linton Boulevard, east of Homewood Boulevard. City Commission Documentation Appealable Items Meeting of July 2, 2002 Page 2 No other appealable items were considered by the Board. The following items will be forwarded to the City Commission for action. Recommended approval (3 to 2, Warner and Randolph dissenting), of an amendment to the Land Development Regulations to allow public educational facilities of the School District of Palm Beach County in ail residential and Community Facilities (CF) zoning districts as a principal (permitted) use; and modifying Section 4.3.3 to add supplemental regulations for public educational facilities; modifying the definition of residential zoning districts; renaming educational facilities and clarifying that private schools and other similar educational facilities are conditional uses in certain residential zoning districts; and adding "private schools and other similar educational facilities" as a conditional use in the PRD (Planned Residential Development) zoning district. Recommended approval (5 to 0) of the abandonment of a 50' x 11' portion of the east-west alley right-of-way lying on the east side of NW 11th Avenue, north of West Atlantic Avenue within the Whidden's Subdivision. Recommended approval (5 to 0) of a Future Land Use Map amendment from CMR (Commerce) in part and GC (General Commercial) in part to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part and GC (General Commercial) in part to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel of land located at the northwest corner of West Atlantic Avenue and Interstate-95 [known as Depot Square historic site (former train station) - 80 Depot Avenue]. Recommended approval (5 to 0) of a conditional use request to allow the establishment of a monument and ornamental stone cutting facility for Natural Stone Fabrication, located at the northwest corner of West Atlantic Avenue and Interstate -95 [known as Depot Square historic site (former train station)- 80 Depot Avenue]. Recommended approval (5 to 0) of an amendment to the Land Development Regulations Section 3.1.1(B) and Section 2.4.3(A)(9) to add public school concurrency as a required finding and to modify submission requirements. 1. Approved (6 to 0, Dowd absent), a request for a color change for Alta Meadows Apartments, located south of Linton Boulevard, between Interstate-95 and Lindell Boulevard. 2. Approved (6 to 0), a request for a color change for 1000 Atlantic Avenue Partners, located on the south side of Atlantic Avenue, east of Venetian Drive (1000 East Atlantic Avenue). City Commission Documentation Appealable Items Meeting of July 2, 2002 Page 3 3. Approved (6 to 0), a Class I site plan modification associated with an elevation change for Gracey Investments, located at the northeast corner of SE 5th Avenue (southbound Federal Highway) and Atlantic Avenue (505 East Atlantic Avenue). Denied (2 to 4, Stewart, Sneiderman, DeCapito and Perez voting to deny), a Class I site plan modification associated with the installation of an entrance awning for Hessler Paint, located on the north side of West Atlantic Avenue, west of Barwick Road (4591 West Atlantic Avenue). The Board denied the request as they felt that the awning will be used for signage and wanted any proposed signage considered concurrently. Denied (6 to 0), a Class I site plan modification associated with an elevation change to allow the installation of an awning for a model within the Delray Lakes Subdivision, located at the northeast corner of Lake Ida Road and Interstate -95. The request was denied as the Board felt that the proposed awning was not appropriate based on the color scheme of this and other models within the development. 6. Approved on a 6 to 0 vote the landscape plan and on a 5 to 1 (Dabney-Battle dissenting) vote the architectural elevation plan and color scheme for San Sebastian, a proposed 32-unit townhouse development, located on the southeast and southwest corners of SE 5th Avenue (southbound Federal Highway) and SE 3rd Street. The site plan was previously approved by the Board. 7. Approved (6 to 0), a Class V site plan and landscape plan associated with the construction of a new 10,780 square foot office/warehouse building for Kilwin's Quality Confections, Tract R-l, Delray Park of Commerce located on the west side of Park of Commerce Boulevard, south on Fountains Way. The architectural elevation plan was tabled in order to have the front building fa(;ade modified to be more consistent with the style of an office building. X. Approved (7 to 0), a request for a Certificate of Appropriateness to allow the installation of awnings for the Anchorage Condo Building, located on the west side of Marine Way, south of Atlantic Avenue (60 Marine Way). Y. Approved (4 to 3, Jamison, Lee-McDermott and Sexton dissenting), a request for a Certificate of Appropriateness associated with elevation changes for the Masonic Building, located at the southwest corner of Atlantic Avenue and SE 1st Street (40- 44 East Atlantic Avenue). Z. Approved (6 to 0, Keavney abstained) a request for a Certificate of Appropriateness associated with the installation of windows and a spiral staircase for an individually listed residence at 615 North Ocean Boulevard. No other appealable item were considered by the Board. The following items will be forwarded to the City Commission for action. City Commission Documentation Appealable Items Meeting of July 2, 2002 Page 4 · Recommended approval (7 to 0) of the designation of a contributing 1926 Mediterranean-Revival house, S.E. O'Neal House, located at 910 NE 2nd Avenue for listing in the Local Register of Historic Places · Recommended approval (6 to 0, Keavney abstained), to amend Ordinance 70-89 to increase the maximum floor area from 2,400 square feet to 2,650 square feet for the enclosure of a 250 square foot porch for an existing residence at 615 North Ocean Boulevard. Recommended approval (7 to 0), to amend Ordinance 9-95, to modify the property description and address for the Susan Williams House, located on the west side of NW 5th Avenue, south of Martin Luther King Jr. Drive (154 NW 5th Avenue). By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - July 2, 2002 GULFSTREAM BLVD. L-38 CANAL P.&Z. A. LEGACYATSHERWOODFOREST S.P.R.A.B. I. ALTA MEADOWS APARTMENTS 2. IO00 A TLANTIC AVENUE PARTNERS 3. GRACEY INVESTMENT 4. HESSLER PAINT 5. DELRAY LAKES 6. SAN SEBASTIAN 7. KILWIN'S QUALITY CONFECTIONS .H,P,B. X. ANCHORAGE CONDOS BUILDING ¥. MASONIC BUILDING Z. 615 NORTH OCEAN BLVD. ONE MILE I GRAPHIC SCALE CITY OF DELRAY BEACH, FL pLANNiNG & ZONING DEPARTMENT 2002 Delray Beach olice Department (561) 243-7888 Fax (561) 243-7816 Joseph L. Schroeder Chief of Police MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Ross Licata, Captain ~' District 3 Commander June 24, 2002 LEASE AGREE-M-I=NT FOR MARINE PATROL BOAT DOCKAGE For the past year the Delray Harbor Club has provided free dock space for the Police Department's Marine Patrol vessel. In mid-July that space will no longer be available without compensation. The Homeowners' Association at Tropic Bay has offered to provide free dock space for our vessel commencing July 1, 2002. Attached is a lease agreement outlining the mutually agreed upon terms. I request that this agreement be brought before the City Commission for approval. If you have any questions, please do not hesitate to contact me. RUppt Attachment Serving with PR. LD.E. Professionalism, Respect, Integrity, Diversity and Excellence LICENSE AGREEMENT FOR BOAT DOCKAGE THIS AGREEMENT, made the 2nd day of July , 2002, by and between TROPIC BAY HOMEOWNERS ASSOCIATION ("Association") and the CITY OF DELRAY BEACH, FLORIDA, on behalf of the Police Department of the City of Delray Beach and the Marine Patrol ("City"). Name of Vessel Delray Beach Police Dept. Marine Patrol Vessel Overall Length __ Beam 8.5 ft. Draft '1 ft. Power Twin 150's Sail Owner(s) City of Delray Beach (Police Depar~,,ent) Name and Telephone of Contact Persons: For Association: JoAnn Bordelon (272-1094) For City: Captain Ross Licata (243-7846 24 ft. 1. The term of this License Agreement shall commence July 1, 2002 and shall have an initial term of one year. This License Agreement shall automatically renew for one year periods unless either party provides written notification to the other party by June 1 of each year of that party's intent not to renew. This Agreement may be terminated earlier upon one of the following conditions: By breach or forfeiture of any of the covenants or conditions of this Agreement By advance wdtten notice of at least thirty (30) days by the City or the Association. By the dock or mooring facility becoming unserviceable for any reason whatsoever. 2. There shall be no fees for dockage of the marine patrol boat. If utilities are used, the City and the Association will decide on the proper payments at that time. 3. The City is self insured and will present a certificate of self insurance to the Association and the Association shall be named as an Additional Insured as respects to the occupancy by the City and its watercraft. 4. The intention of the parties is to create a license for a non-commercial use of an agreed upon dock area and not a resident's slip. This Agreement confers to lease-hold interest, and is revocable at any time upon thirty (30) days prior written notice posted aboard the boat or sent to the owner at either of the addresses listed above. 5, Use of docking area is not assignable nor may dock area be sublicensed. Any attempt to assign or assignment of or attempt to sublicense the docking area under this License Agreement is void and terminates this Agreement. The City shall not substitute another vessel for the above described boat without the prior written consent of the Association. 6. This Agreement is for the use of docking area only. Such docking area is to be used at the sole risk of the City. The Harbormaster and pier committee shall decide where the boat will be docked. The Association shall not be liable for the care or the protection of the boat including its gear, equipment, appurtenances or contents. 7. The City shall not bring arrestees, prisoners, or detainees to the docking area. Only City personnel shall be allowed in Tropic Bay property. 8. Per SS327.59, the City will not be required to remove their boat from the Marina following issuance of a hurricane watch or warning. The City is required, however, to take extraordinary steps to secure their boat for the protection of their property and the property of others following a hurricane watch or warning. These may include, but are not necessarily limited to, using extra tie lines, replacing worn tie lines, etc, 9. The City, on behalf of itself and its employees, volunteers, successors and assigns, as the case may be, to the extent permitted by law, releases and holds harmless and indemnifies the Association, its officers, agents and employees from any and all liability for loss or damage to the boat, to its agents, employees, guests, or to the mooring facilities provided, however, nothing contained herein shall be deemed a waiver of the City's sovereign immunity under F.S. § 768.28 10. The City agrees to comply with all laws, rules and regulations pertaining to its operations. 11. No modifications to this License Agreement shall be enforceable unless in writing and executed by the City and the Association. Failure to require strict performance of this License Agreement or waiver of any conditions herein shall not act as a waiver of rights hereunder nor be deemed a continuing waiver. 12. The City warrants and represents that the boat will be presented for dockage and maintained throughout free of hazards that may cause danger, damage or expense to others. The boat shall be maintained in an operable condition at all times, .must be in a seaworthy condition and under its own power, or be removed from the premises. 13. The City represents and warrants that the City shall comply with the Federal Water Pollution Control Acts (33 U.S.C. Section 1231 - prohibiting discharge of 06/28/02 FRI 10:31 FAX 561 278 4755 DEL BCH CTY ATTY ~002 oil or oily water, 33 LJ.S,C. S~ction 1322 - prohibiting discharge of untreated sewage) and all other applical31e federal, state, county and municipal laws and regulations. 14. The C:ity shall only be allowed the use of two parking spaces on Association propelty and asserts that generally no more than four persons shall be aboard the boat while at the docking area. e intemreted in accordance with the laws 15. Th~s L~cense Agreement shall b. ~[ates. If any portion of th~s License of the State of Florida and the laws of the Untted of this License Agreement Agreement is found null and void, the remaining portions shall continue in full force and effect. CITY OF DELRAY BEACH, FLORIDA By: Print Name:_ Title:_ TO: FROM: SUBJECT: MAYOR AND CITY COMlX~SSIONERS AGENDA ITEM -~ ULAR MRI~.TING BIDS AND CONTRACTS DATE: JUNE 28, 2002 OF ~IULY 2. 2002 AWARD OF This is before the City Commission to approve the award of the following bids: Purchase award to Fischer Sdentific Company (sole provider) in the amount of $37,550.59 for the purchase of an integrated Personal Alert Safety System (PASS) for the Scott Aviation Self-Contained Breathing Apparatus (SCBA) used by the Fire Department. Funding is available from 334-6112-519-64.90 (General Construction Fund/Other Machinery/Equipment). Contract award to Tri County Concrete Products in the amount of $73,149.00 for the Tropic Isles drainage inlet replacements. Funding is available from 448-5461-538-65.67 (Tropic Isles Catch Basin Removal/Replacements). Contract award to Molloy Brothers, Inc. in the amount of $47,850.00 for the Venetian Drive Infrastructure Improvements. Funding is available from 441-5181-536-65.09 (Sewer/Venetian Drive). Recommend approval of the above bids and purchases. S:\City Clerk\chevelle folder\agenda memo\Bid Memo.07.0Z02 £1TV OF DELRI:IV BEI1i:H FIRE DEPARTMENT SERVING DELRAY BEACH DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH AII. A~a City 1993 MEMORANDUM TO: Joseph Safford, Acting City Manager FROM: THRU: R. Bradford Fitzer, Division Chief DATE: June 17, 2002 SUBJECT: Purchase of Integrated Personal Alert Safety System (PASS) The Fire Department is submitting this request to upgrade the Scott Aviation Self- Contained Breathing Apparatus (SCBA) air pack frame assemblies to include the integrated Personal Alert Safety System (PASS). This will be the first purchase of a three (3) year purchasing process to upgrade our SCBA units from the C.I~,,~ t~ogram. The first fifty (50) units will be purchased from account #334~6112-519-~-90 and request that this purchase be placed on the agenda for Commission approval. Attached is requisition #96930, in the amount of $37,550.59, from Fischer Scientific Company as sole source. Your concurrence with this purchase is appreciated. Division Chief RBF/rt Attachment cc: J. Rooney, Purchasing Supervisor FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 - SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper Fr?m: Rob Scott To: Roxanne Date: 5/16/02 Time: 7:26:32 AM Page 2 of 2 May 16, 2002 Geoff Cooper Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Mr. Cooper, The following is in response to your questions concerning the distribution and service of Scott products in the state of Florida. Safety Equipment Company, a Fisher Safety Company, is the only Scott Authorized Distributor that stocks both Scott products and parts in Florida. Safety Equipment Company has sales representatives located throughout the state of Florida to provide local sales and technical support on our products. In addition, Safety Equipment Company is the only Scott Authorized Distributor in Florida that has a Scott Authorized Service Center. Safety Equipment Company operates a fixed and mobile service center out of it's Tampa, Florida headquarters. For more information about the products and services provided by Safety Equipment Company, please contact them directly at: Safety Equipment Company Public Safety Sales Div. 6507 North Harney Road Tampa, FL 33610 Contacts: Carter Hall - Outside Sales Cherlyne Rouse - Inside Sales Rick Keddy - Service Teleohone: Tel: 954-557-6426 Tel: 888-263-5319 Tel: 800-226-1126 x363 Thank you for your interest in Scott products. If you have any additional questions, please do not hesitate to contact me. Cordially, Robert Scott Southeast Regional Manager Scott Health & Safety Health & Safety Products 4850 Sugarloaf Parkway · Suite 209, Box 205 · Lawrenceville GA 30044 · Tel: 770-082-7005 · Fax: 770-082-5555 04122102 11:18 Fisher S~ien p 213 FISHER SCIENTIFIC QUOTATION APRIL 22, 2002 PAGE: 1 DELRAY BEACH FIRE DEPARTM 501 WEST ATLANTIC AVENUE FISHER SCIENTIFIC COMPANY LLC 6507 N. HARNEY ROAD TAMPA FL 33610 DELRAY BEACH FL 33444 (800) 226-1126 CUST REF NBR QT/SCT PA~T ACCOUNT NBR: 813864-001 I P. EQUESTOR: GEOFF COOPER QUOTE NBR: 2067-1119-17 I PHONE: 5612437482 TERMS: NET 30 DAYS I FOB: DEST DUE DATE: I AUTHORIZED BY: *** PRICES ARE FIRM THRU 05/22/02 *** PLEASE REFER TO THE QUOTE NBR ON A/~L CORRESPONDENCE THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPANY LLC SAFETY REP: CARTER HALL NBRI QTY I UNI CATALOG NBR I DESCRIPTION I UNIT PRC I EXTD PRC 35lEAl 19 068333 351EAI18 999 1169 36 lEAl SCT10009421 PAK ALERT SE+FIELD KIT BACK FRAME ASSY AP50 APPROVAL LABEL MERCHA/~DISE TOTAL 487.50 117,062.50 581.99 120,369.65 3.29 118.44 / 37,550.59 Request to be placed on: X Consent Agenda When: July 2, 2002 Description of agenda item: AGENDA REQUEST Date: June 14, 2002 Special Agenda Workshop Agenda Purchase of integrated Personal Alert Safety System (PASS) for the Scott Aviation Self-Contained Breathing Apparatus (SCBA) used by the Fire Department. Upgrades the PASS systems currently in use. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: Recommendation: YES NO X YES NO 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 X ~:~' No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: ~ Hold Until: Agenda Coordinator Review: Received: Action: 334-6112-519 -.~,F-90 C.I.P. Yes V,,~'~ 0 No Approved: Disapproved: P.O.# City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www. delrayes & corn DAVID HARDEN City Manager RAFAEL BALLESTERO Deputy Director of Construction TROPIC ISLES CANAL DREDGING (PN 2000-011) DRAINAGE INLET REPLACEMENTS JUNE 21, 2002 Attached is an Agenda Request and related documentation for City Commission to approve a material purchase from Tri County Concrete Products. This is a material supply for work to be constructed by our in-house construction crew. The cost of this contract is $73,149.00. This is a unit price contract, and materials will be purchased as needed for construction and based on availability of funds. Prices are commensurate with the product to be produced. Attached are copies of two quotes for this work, with Tri County Concrete Products as low bid. A third bid is not included as this product is a custom built specialty item, and these two prices are from the only two local suppliers. Funding source is account # 448-5461-538-65.67, Tropic Isles catch basin removal and replacements. Richard C. Hasko, P.E.; Director of Environmental Services Randal Krejcarek; City Engineer Project File 2001-004 (A) City Clerk Agenda File 5/21/02 S:lEngAdrninh°rojectsl2OOOI2OOO-Ol llCONSTRCTkagenda memo Trl County recotn, doc TRI-COUNTY CONCRETE PRODUCTS, INC. QUOTATION & CONTRACT Address: 434 So. Swinton Ave City,State,Zip: Delray Beach, FL. 33444 Phone: 561-243-7297 Contact: Mr. Rafael Ballistero Project Name: Tropic IsJes Drainage Improvements ProJ. Address: Various Locations city of Delra~/ Beach City of Oelray Beach Environmental Ser¥ices Dept. DATE; 18-.I un-02 TERMS: 2% 10 N/30 DAYS OTHER: TCC Job# 0 County: Palm Beach Co PAGE #: I OF 1 THE FOLLOWING ITEMS ARE PROPOSED TO BE FURNISHED AS DESCRIBED FROM INFORMATION TAKEN FROM PLANS DATED: 00-Jan-00 LAST REVISION DATED: 00-Jan-00 Estimated Extended Quantity Item Description Unit Price Total 111 24"x37" Type "C" Inlets w/Collar w/USF# 6611 Gaiv. Grate $659.00 $73,149.00 18" Base, Doghouse Riser section (Various Heights)and precast collar Alternate pieces Special pour collars each. $75.00 Chains Eyebolts each. $20,00 Standby "doghouse conflict rised' section w/"Skin" blockouts cast in $320.00 Note: Price includes visiting site, generatin~l individual shop drawings off existl~l structues. All prices quoted are by unit price, 18" Sumps included and required on all structures. THE ABOVE PRICES ARE F.O.B. JOBSITE LOCATION. MATERIALS ARE TO BE UNLOADED AND INSTALLED BY THE BUYER, SALES TAX, IF APPLICABLE, IS IN ADDITION TO THE ABOVE. PRICES ARE PREDICATED ON THE ENTIRE PURCHASE OF THE ORDER AS LISTED ABOVE. PRICES ARE FIRM FOR 30 DAYS. Eric Forman 6/13/2002 U.S. PRECAST CORPORATION QUOTATION & CONTRACT Prej. Address: Estimated Extended Quantity Item Description Unit Price Total 111 Type "C" Inlet w/ USt=# 6611 C~alvanlzed $794.00 $88~ 134.00 THE ABOVE PRICES ARE F.O.B. JOBSITE LOCATION. MATERIALS ARE TO BE UNLOADED AND INSTALLED BY THE BUYER. SALES TAX, IF APPLICABLE, IS IN ADDITION TO THE ABOVE. PRICES ARE PREDICATED ON THE ENTIRE PURCHASE OF THE ORDER AS LISTED ABOVE. PRICES ARE FIRM FOR 30 DAYS. Jeff Dick Agenda Item No.: (~"T'~. ~. AGENDA REQUEST Request to be placed on DATE June 21,2002 ._x__ Regular Agenda Special Agenda __ Workshop Agenda When: July 2, 2002 Description of item (who, what, where, how much) Request Commission approval of agenda request for Contract award for material purchase to Tri County Concrete Products, Inc. for the Tropic Isle Canal Dredging Project (PN 2000-11). It is for the purchase of approximately 111 new drainage inlets to replace the existing inlets. These inlets will be installed by our in - house construction crew, as part of a resolution of a settlement with the homeowners. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Contract award to Tri County Concrete Products, Inc. Funding Source is account # 448-S46'I-S38-65.67 (Tropic Isle Catch Basin removal and replacement). ~/__ ...-~ Department Head Signature: . ~ (~ - Z-~-oZ.~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ('YES'/NO . ~ Funding alternative~,~"~0~ ~ ~'~.~J~'~ ~0,0~) (if applicable) ~f~/~[~ Account No. & Description 4,48-5461-538-65.67, Tropic Isles catch basin r/r ~1~Account Balance ~ ~: ~00 City Manager Review: ~PolPdr°L~netdl:f°r agenda: ~/N O ~L~t Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2000-011 (A) projects/2000-01 l/contract/agenda Tri County Concrete (inlets) .doc City Of De. lray Beach Department of Envtronmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: DAVID T. HARDEN City Manager RAFAEL BALLESTERO ~ Deputy Director Construction www. delrayesd, com VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS (PN 2000-010) 14" AND 16" FORCE MAIN DICONNECT JUNE 26, 2002 Attached for Commission approval is an agenda request for contract award to Molloy Brothers, Inc., in the amount of $47,850.00, on the Venetian Drive Infrastructure Improvements, PN 2000-010. It is to disconnect and cap the interconnected 14" and 16" force mains at the intersection of Atlantic Avenue and Venetian Drive. Included in this work are repairs to concrete header bands, brick paver restorations, asphalt paving, and traffic markings. Prices are commensurate with the work to be performed. Attached are copies of two quotes for this work, with Molloy Brothers as low bid. Molloy Brothers does not currently have a contract with the City, but has performed work for the City in the past, with good results. A third quote was not obtained since time is of the essence. This work is to be performed during the time that the Atlantic Avenue Bridge will be closed for repairs (July 8-12, and July 22-26). This will help expedite the project as well as minimize the disruption to businesses and residents. Funding source is account # 441-5181-536-65.09 (Sewer - Venetian Drive). A budget transfer from account # 441-5181-536-63.74 (ICWW Sewer Crossing) is attached. CC: File 00-10 (A) $\...\0010~agmem07.02.02, Molloy award S:~EngAdmin[Projects~2OOOI2OOO-OlOICONSTRCTMGMEMOZ. O2.02, Molloy Award. doc ~T. 3 FROM :MBI. FAX NO. :9547~29~81. Jun. 26 2002 12:01PM P1 MOLLOY BROS., INC. ENGINEERING CONTRACTORS 800 NW 27th .Ave. / Ft. Lauderdale, FI. 3351! 2~Jun-02 C~ Of Delray Beach Environmental Service Dept. 434 ~. Swinton Ave. Oelray Beach Fla. 33344 Att: Rafael Balleatero Re: Atla~i¢ Ave. - Venetian Dr. Forcemain Connection Dear Rafael, Per your request we submit the following price to disconnect and cap the i~temonnecled 14' and 18" rome mains at the above location. The price includes all labor material and equipment ne~=e~ery to complete the following Items. Paver Bdck Removal and Replacement Fire,able Fill Base for Pavem Disc~nnecl and Plug 14' and 16" Fomemain Replace Header Curb Mill and Pave ~or~ of Atlantic Ave. Ther~o Plastic ~'iplng and RPM Repacement Total Price, Lump Sum $47.850,00 All werk to be ceordlnated with Atlantic Ave. Interceastal Bddge Shutdown Thank You Yours Truly F'EOH : Chez Equipment [ ~:~i ~Chaz EqUipment Co,, Inc, Wellington, FL 3341,{ 3380 FaJrlane Fan'ns Road, Suite FAX NO. : 15¢13332~80 PROPOSAL PROPOSALSUBMITTEDTO: NAME Cib/of Delmy Beech %Mr, Raphael Belleateroa ~TREET 4~4 S. Swinton Ave. :FlY Deiray Beach STATE FI 32,444 .Tun. 25 2002 12:50PM P2 Page No. of t PHONE 561-333-2109 DATE JOB NAME Force Main I Paving repair STREET Atlentia Ave / Venetian Ddve in~mecflon CIT~f Oelmy Beac~ I~'J'ATE FL I We hereby submit specifications and estimate Construct all repaim and remedial work for rome main and paving of Atlantic AW per plan sheet I of I by City et Delray Be~ch Environmental Services Department titled "City of Deb'ay Beech Atlantic Ave and Venetian Drive Infrastructure Impro~meflts" dated 61g0/02, price ia predicated On doing ~he wo~ in conjunction with the closure of Atlantic Ave due to repair of the bditge thus miminl~ing maintenance of traffic requirements. Price includes all mpaim noted on plans [~cluding milling/1" FC-3 asphalt, overiay; concrete header curb replacement; bitck pav~r removallmiostalla§on; and cut/cap and abandon existing rome main. Force main wo~ is predicated on the City of Delrey osoi'dinating the shutdown of the force main in order that the work can be completed. We hereby propose to furnish labor and materials - complete in a~cordance with the above spe~ification~ for the sum of Fifly-fi~e thousand five-hundred and no/100 dollars ($ ~60~.00 ) with payment to be made as t~ilows: All material is suaran~d mbc as specified, All work to be completed in a workrramllk= manner ~j~roi~ m slandard praclicc~, Any aagratlon or from above Specifications involving =xlra custs, will be =xr~uted only upon wrkt. orders, and ~/~ an extra char~ ovcr and above ,=, ...ag.~. e. ms ~onlinge~, ,po~ strikes, acald~m, or d,la~s bc,~nd our c.ml, This prop~al ~/~t//ro/~ccep~arlce 30 days aedei, vo,d Authorized Signature /~r , ACCI~PTANCE OF PROPOSAL Th~ above prices, specifications and conditions ar= h~r~by acct~:d, You are amhorized to do ~he work aa specified. PaymOnt ~ill he made as outlined above, ACCF_~TED: Agenda Item No. C'b~. ~ AGENDA REQUEST Date: June 26, 2002 Request to be placed on: ---X----Regular Agenda __ Special Agenda __ Workshop Agenda When: July 2, 2002 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for contract award to Molloy Brothers, Inc., in the amount of $47,850.00,on the Venetian Drive Infrastructure Improvements, PN 00-t0. It is to disconnect and cap the interconnected 14" and 16" force mains at the intersection of Atlantic Avenue and Venetian Drive. Included in this work are repairs to concrete header bands, brick paver restorations, asphalt paving, and traffic markings. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends approval of contract award to Molloy Brothers, Inc. Funding Source is account # 441-5181-536-65.09 (Sewer - Venetian Ddve~. A budget transfer from account # 441- 5181-536-63.74 (ICWVV Sewer Crng~'~g) is attach~.H. /- ~ Department headsignature: (~~'~ ~~ t~.. Z~6-~'~ Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation if applicable): Aget Director Review (re~F31~e~d on all items involving expenditure of funds): Funding available:(~ES/jNO Funding altematives"tTf applicable): ccount No. & Descri~ion ~ ) -~1 Account Balance ~'">Z.'3OO .-')~'~,[J~,-,~ City Manager Review: ~/ ~.~ (J 0 Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...~010~agreq07.02.02, rnoIIoy award MelTIO To: City Commission From~ David Harden ~,// CC: R~. June 12, 2002 Carolina Cabana Request for Relief Attached is a request from Carolina Cabana for a number of changes in their franchise with the City. This request was submitted after their recent appearance before the City Commission. Also attached are the Finance Director's comments on their request for relief from the franchise fee, and a copy of our existing franchise Agreement. Recommendation: Considering that Carolina Cabana is in arrears on paying their franchise fees and the numerous changes they are requesting in their current agreement with the City, I recommend that our agreement with Carolina Cabana be terminated under the provisions of Paragraph 6 for failure to make timely payments to the City, and that the franchise be put out for bid. It would be unfair to other potential franchisees to make changes of the magnitude requested without giving them a chance to compete for this franchise. Message Page 1 of I Harden, David To: Weldon, Joseph Cc: Safford, Joseph Subject: Carolina ~.~:tA, m~- I agree with Joe Safford's February 6 memo, that the financial information they have submitted does not substantiate any impact on them from September 11. I am surprised that they have not submitted data for the period from October 1, 2001 through December or January. It seems to me that would be the period most affected. It does appear that they lost money in our FY 2001. I would be willing to work with them by allowing some flexibility in their payment schedule, but if they get more than three months behind, I think we should take action under our franchise agreement. We should also look at any data they may submit for the four to six months after 9/11. 4/29/2002 [IT¥ OF DELRFI¥ BEFI[H DE[RAY BEACH AII-AmedcaCi~ 1993 2001 RECEIVED FE6 't 2 2002 CiTY MANAGER 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ~ 561/243-7000 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks SUBJECT: Carolina Cabana DATE: February 12, 2002 and Recreation As you are aware, Carolina Cabana has approached us about lowering their payment to the City because of decreased tourism as a result of September 11t~. Over the past several months, I have asked for financial documentation to support their claims. Attached please find a memorandum from Finance Director Joe Safford indicating that the financial documents submitted by Carolina Cabana do not support their claim that there has been a significant impact to their business as a result of September 11tn. At the present time, Carolina Cabana is 3 months in arrears of their payments to the City. Parks and Recreation Attachment cc: Joe Safford Finance Director JW:cp Ref: dhcabana THE EFFORT ALWAYS MATTERS To: From: Date: Joseph Wel~don,~.~ks & Recreation Director Joseph M. S~nance Directo[ February 6, 2002 Subjbct: Carolina Cabana Financial Statements This department has been asked to review the financial statements for our cabana service contractor. It is our understanding that this firm claims a severe hardship following the World Trade Center terrorism event and would ask us to revise our franchise agreement. In support of this claim, the Contractor has sent numerous different pieces of information consisting of checking account statements, income and expense reports, and now charts and graphs. This will be the third time we have reviewed material. The initial information consisted of bank statements. We explained that these were unacceptable substitutes for financial statements. We would have had to assume that deposits were revenues and checks were disbursements and that the entire account was solely for the City of Delray Beach. We also would have had to assume that all deposits were made and that all checks were cashed. This was unacceptable. The second set of information consisted of an extremely rough set of cash receipts and disbursement statements for several years. We basically could compare transactions from year to year and this current year did not appear to be significantly different than any other year. This information did not support the Contractor's claim ora severe hardship following September 11th of 2001. The current set of information entitled "Budget Overview" appears to be a budgeted (not actual) income statement from January-December of 2001. It shows total revenues of $132,800 and total expenses of $101,021. This essentially means that the Contractor has forecast a $31,779 Net Income on Sales of $132,800 which equates to 23.93%. Again, this information is not an acceptable substitute for financial statements. The Contractor also included some graphs entitled "Income and Expense by Month" for Bandana Beach Services (9 months ended October, 2000) and Carolina Cabana (9 months ended October, 2001). With no written materials, we assumed the Contractor would want us to compare these two 9-month periods. Bandana Beach Services had $102,383 in revenues for this period whereas Carolina Cabana had $91,938, a reduction of $10,445. Bandana had $89,923 in expenses and Carolina had $102,460, an increase of $12,537 in expenses. It would appear that the entire increase is in Payroll expenses. If sales are down one would not anticipate an increase in payroll costs. The documents do not support the fact that there was a significant impact due to September 11t~. In actuality, September of 2001 had more revenue than September of 2000. What these documents do appear to support is that this cabana franchise is heavily reliant on a strong seasonal flow of tourists and January-April of 2001 revenues were below the pre¥ious year and this impacted the Contractor's total revenues. At the same time, expenses for this same timeframe were below the previous year. In May 2001 the Contractor incurred over $25,000 in expenses with absolutely no revenues. This needs to be explained in more detail since this could explain the entire difference between the two years. In summary, the financial information provided produces more questions than answers but we do not see where their request for relief should be honored. Their financial performance does not appear to be related to September 11th or any other cause other than expenses being allowed to exceed their revenues. PROPOSAL TO AMEND THE CONTRACT BETWEEN CITY OF DELRAY BEACH, FL AND CAROLINA CABANA LLC Request that the Franchise Fee for the months of September, October, November and December 2001 be cancelled and credit given for the months paid. Total credit will be $7,568.40. Request that the City adjust the fee to $1,800.00 plus applicable sales tax beginning January 2002 and continuing through the remaining contract period. The present contract period ends on October 09, 2003. Request that the City extend the renegotiated Franchise Fee through the three (3) year option period, which begins October 10, 2003 and ends October 09, 2006. As an option, the Company is prepared to renegotiate the option period, using the adjusted fee as a baseline. The Company will submit some separate proposals regarding fee structure. 4. Additional issues which need to be negotiated are: a. Parking for one Company beach attendant. b. Police surveillance during nighttime hours. c. Reimbursement to the Company for loss of beach space for City sponsored functions. The Company proposes a fiat fee of $250.00 per day for every ten (10), or portion thereof, cabana spaces Respectfully submitted, John E. Thomas Secretary/Treasurer Carolina Cabana LLC .( AGREEMENT FOR RENTAL OF CABANAS AND BEACH EQUIPMENT FOR THE MUNICIPAL BEACH THIS AGREEMENT is made and entered into this, ~ day of~/,o ,2000 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "'City" and CAROLINA CABANA COMPANY, a South Carolina corporation, hereinafter referred to as "Contractor". WITNESSETH: WHEREAS, Contractor is engaged in the business of renting beach umbrellas, beach chairs and cabanas; and, WHEREAS, the City is desirous of engaging the services of Contractor for the purposes set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, the panics hereto agree as tbllows: 1. Scope of Services. The City will grant to the Contractor the exclusive right and privilege to conduct and operate upon the publicly owned beaches of the City a concession for the rental of beach umbrellas, beach chairs, and cabanas 2. Term of Agreement. The agreement term shall be for a period of three (3) years beginning on October 10, 2000, and expiring on October 9, 2003. The agreement may be renewed for one additional three (3) year period. If the City wishes to renew the agreement it will provide written notice to the Contractor prior to October 9, 2003. 3. Responsibilities of the Contractor. a. At no time will more than two hundred and fifty (250) cabanas be permitted on the entire public beach. b. The Contractor shall not interfere with private owner's use of their equipment on the beach. c. The Contractor shall exercise reasonable care to avoid damage to City property, including dune, vegetation, and sand fence. Any facility needed for equipment storage must first be approved by the City. d. The Contractor shall provide normal daily cleaning of the beach cabana area; provided, however, the Contractor shall be under no obligation to clean the beach of seaweed or other material washed ashore by wave action. The City shall maintain receptacles for trash collected by Contractor's employees. e. Contractor's attendants/employees shall wear uniforms or some identifying attire acceptable to and pre-approved by the City. Contractor's employees will also wear a photo ID badge at all times while performing services under this agreement. f. Contractor's attendants/employees must be on-site at all times during operating hours, and must notify the Ocean Rescue Office if for some reason an attendant/employee cannot be on-site. Operating hours are fi.om 9 a.m. to 5 p.m. seven days a week. 4. Storage. No equipment shall be left upon the public beach after the hour of 8:00 p.m. on any day; provided, however, that cabanas do not have to be removed except if hurricane warnings are issued for areas which include all or a portion of the City of Delray Beach, Florida area by the Hun'ieane Advisory Center of the United States Weather Bureau in Miami, Florida. Thereby, the Contractor shall immediately cause all equipment, including cabanas to be removed from the public beach and stored in a safe manner elsewhere; equipment shall not be returned to the beach as long as said hurricane warnings remain in effect, and until permission is granted by the City. 5. Location of Cabanas. The Contractor shall be subject to the direction of the Parks and Recreation Director and Ocean Rescue personnel with respect to the location of beach equipment and the area in which cabanas may be located. Any failure by the Contractor its attendants/employees to follow the direction given by the Parks and Recreation Director or Ocean Rescue personnel may result in the termination of this contract. 6. Compensation to City. The Contractor shall pay Three Thousand Five Hundred Seventy and no/100 ($3,570.00) dollars to the City each month as well as 6% state sales tax on the monthly amount. Payment shall be made to the City five (5) days prior to the first day of each month. Failure by the Contractor to make payment in accordance with the time stated above may be grounds for termination of the contract. If contract is terminated due to the default of the Contractor, no part of any payment shall be refunded to the Contractor. If the contract is terminated without cause by the City, the City will refund a pro rata portion of the payment received. In the event of a hurricane or some other act of god and the Contractor is denied access or use of the municipal beach, the Contractor may request that it only be required to pay the above stated mount to the City based upon its ability to gain access or use the municipal beach. The City shall reasonably consider the Contractor's request in this matter, however, any decision to grant relief to the Contractor shall be at the sole discretion of the City. 7. Rates Charged for Umbrella's~ Cabanas~ etc. All rental rates for beach umbrellas, chairs, cabanas and similar beach equipment shall be approved by the City Manager or his/her designee. Any increase in rental rates must have prior approval of the City Manager or his/her designee. All rentals of equipment shall include a ½ day and full-day rental rate. The rental schedule shall be posted in a conspicuous place at the public beach, in a form and location approved by the City Manager or his/her designee. 8. Licenses. The Contractor shall maintain a valid City occupational license. Contractor shall make applicati6n for, and obtain at its own expense all necessary permits from any governmental entity or agency requiring such. Contractor specifically agrees to obtain the necessary permits, if any, from the Division of Beaches and Shores of the Department of Environmental Protection, State of Florida. Any permits and the expense of obtaining such shall be at no cost to the City. 9. Assignability. The Contractor may not .subcontract, Wansfer or assign any portion of the agreement without the express written consent of the City. 10. Termination of Agreement. This Agreement may be terminated by either party for failure to abide by any term or condition of this Agreement. This Agreement may also be terminated by either party, with or without cause, upon 90 days prior written notice· 11. Removal of Equipment. The Contractor agrees to remove any of its equipment used in connection with the agreement upon demand of the City Manager or his/her designee. Such removal shall suspend the Contractor's obligation to pay the required monthly fee in an amount proportionate to the number of days during which the removal is required. Any removal required by the City which is in excess of twenty (20) days shall be deemed a noncompliance, and the Contractor may void the agreement. 12. Indemnification. For and in consideration of the mutual promises herein contained and other good and valuable considerations, the Contractor agrees to indemnify, save and hold harmless and defend the City, its officers, agents and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of Contractor, its agents, servants or employees in the performance of services under this agreement. The Contractor further agrees to indemnify, hold harmless and defend the City, its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of Contractor for which the City, its agents, servants or employees are alleged to be liable. The indemnifications contained herein shall survive the expiration or earlier termination of this Agreement. 13. Taxes. Contractor shall be liable for any and all taxes, other than the state sales tax, which are or may be imposed as a result of this Agreement. Taxes shall be paid to the appropriate authority. 14. Proof of Insurance. Contractor shall provide the City with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit "A' to this Agreement. Proof of such insurance shall be due by thirty (30) days prior to October 10, 2000. The insurance shall name the City as an additional insured. 15. Cancellation by City. The occurrence of any of the following shall cause this Agreement to be automatically terminated: A. Institution of proceedings in voluntary hanlo'uptcy by Contractor. B. Institution of proceedings in involuntary bankruptcy against Contractor if such proceedings lead to adjudication of bankruptcy and the Contractor fails within ninety (90) days to have such adjudication reversed. 16. Notices. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To Contractor: Carolina Cabana Company 1115 Arthur Drive Charleston, S.C. 29412 or to such other addresses as either party may designate in writing. 4 17. Interpretation. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 18. Personal Property. City assumes no responsibility whatsoever for any property placed on the public beach by Contractor, its agents, employees, representatives, independent contractors or invitees. City is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property. If any claim or cause of action is brought against the City relating to personal property as contemplated by this paragraph, and where such claim or cause of action is not founded on the negligent, reckless or intentional action of the City, then Contractor shall defend any such action in the name of the City provided, however, that City reserves the right to select its own legal counsel to conduct any defense in any such proceeding which circumstances. All costs and fees associated Contractor under this agreement. 19. Independent Contractor Status. selection shall be reasonable under the therewith shall be the responsibility of Contractor and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of this Agreement or for any other reason whatsoever. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 20. Warranty. Except as otherwise provided for herein, the City and Contractor represent that they have, to the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either City or Contractor is a party. 21. Entire Agreement.' This Agreement constitutes the entire Agreement between the City and Contractor in respect to the subject matter of this Agreement and supersedes all prior agreements. 22. Execution and Delivery Required. This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part of Contractor or City, or either of them, unless and until it has been signed by representatives of Contractor and City and delivery has been made of a fully-signed original. 23. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 24. Venue. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. IN WITNESS WItEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: ~. City Clerk Approved as to Form: ~y,City Attorney WITNESSES: Witness ~x~ ~-~ Print Name: ~'~'~, CITY OF DELRAY BEACH, FLORIDA David W. Schmidt, Mayor CARO A C ANA COMJP~, Erich C. Thomas, President Wimes~J Print Name:~a.aaat~ r (Seal) STATE OF FLORIDA COUNTY OF PALM BEACH ~ tTbe foregoing instrument was acknowledged before me this _f__~7 day of , 2000 by Erich Thomas as President of Carolina Cabana Company, a South Carolina corporation, on behalf of the corporation. He/She is personally known to me/or has produced drivers license as identification. gl-gnature of Nbtary Public - State of Florida 7 tIT'/OF DELRfl¥ BEgI:H CITY ATTORNEY'S OFFICE DELRAY BEACH 1993 DATE: TO: FROM: SUBJECT: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM September 25, 2000 Barbara Garito, Deputy City Clerk Brian Shutt, Assistant City Attorney ~/G.' Agreement for Rental of Cabanas and Beach Equipment for the Municipal Beach Attached please find two original Agreements for the Rental of Cabanas and Beach Equipment for the Municipal Beach. Once the Mayor and City Clerk have executed this Agreement, please keep a copy for your files and return the other original to us. RBS:ci Attachment ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Haxden, City Manager obert A. Barcinski, Assistant City M~n~o~er Agenda Item City Commission Meeting July 2, 2002 Request from EPOCH - Loan Repayment DATE: June 27, 2002 .Action City Commission is requested to consider a request from Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) to forgive the $52,000 loan balance due to the City. Backeround On February 7, 2001 the City entered into a loan agreement with EPOCH. The amount of the loan was $57,000 of which $5,000 has been paid back. A second payment of $25,000 was due May 30, 2002 with the balance of $27,000 due December 31, 2002. Attached is a letter from Vera Farringtoh, the Board President, requesting forgiveness of the loan balance of $52,000 due to their financial condition. Financial statements as of May 31~t were presented to the City and were reviewed by Mr. Safford. Attached is an analysis prepared by Mr. Safford along with a copy of the loan agreement and financial statement through May 2002. It appears that EPOCH does not have the financial resources to cover the loan repayment and may have difficulty meeting operating costs. Recommendation Staff recommends consideration of the request from EPOCH to forgive the outstanding loan balance of $52,000 due to the City. RAB/tas File:u: Sweency/agenda Doc:EPOCH Loaa Re~yment CITy MANAGER To: From: Date: David T. Harden, City Manager ~oseph M. S~ce Director June 27, 2002 Subject: EPOCH Request to Cancel $52,000 City Loan EPOCH, in correspondence dated June 21~, has requested that the City forgive the current $52,000 loan balance. This was also the subject of correspondence issued to your office dated October 29, 2001 attached. In response to this new request, we obtained a copy of their May 2002 financial statements and a copy of their loan agreement for review purposes. Loan A~eement $25,000 was due to the City May 30th and remains unpaid to this date Financial Statements Several key observations can be made regarding the May 31" financial statements: Operating Cash is $2,519 which is insufficient to pay for the following: 1. $25,000 loan payment due May 30th 2. $2,627 payroll tax liability Inability to pay debt is indicative of cash flow problems and potential insolvency May expenses exceeded revenue by $9,893 which is certainly indicative of cash flow problems and potential insolvency Payroll expense of $10,382 for the month when operating revenues were $5,486 is indicative of cash flow problems Bank charges of $312 could be due to overdrafts or late payments which are indicative of cash fiow problems Penalties of $413 could be due to late payments which are indicative of cash flow problems Due from Executive Director of $353 indicates that funds are being loaned to officers or personal expenses are being incurred using organization funds Several categories of "Fixed Assets" are questionable as to qualification such as "Art and Crafts" for $575, "Sign" for $302, "African Crafts" for $1,500, "Software" for $127, "Education Video" for $12,165. Many of these could also qualify as expendables or recurring operating expenses. The City Commission needs to determine whether to grant the EPOCH request to forgive the loan but it appears rather clear that this organization does not have the resources to cover normal operating costs and most certainly does not have the resources to pay this delinquent debt payment of $25,000 or the $27,000 payment that would be due December 31~t. It should be understood that the General Fund operating statement would have to be charged with $52,000 this fiscal year if this loan is forgiven. Encl: Cc~ Correspondence from EPOCH dated June 21, 2002 Funding Agreement between City of Delray Beach and EPOCH EPOCH Financial Statements for May 31, 2002 Correspondence from Finance dated October 29, 2001 Milena Walinski, Assistant Finance Director Becky O'Connor, Treasurer Robert Barcinski, Assistant City Manager EPOCH Our CulM~] lle~ib~e~ In(~ A NOT-FOR-PROFIT ORGANIZATION DEDICATED TO PRESERVING AND COMMUNICATING THE CULTURALLY DIVERSE HISTORY OF SOUTH FLORIDA EPOCH P.O. BOX 3077 Delray Beach, FL 33447 Phone: 561-279-8883 Fax: 561-279-2230 E-mail: epochinc@bellsouth.net President Vera R. Farrlngton Vice president Clarence M.Vaughn Treasurer Brahm Dubln Secretary Rosallncl Murray Board Members Eugene Herring Kenneth Howorcl Mark. S. Relngold, Esq. Nancy Stein Alfred Stroghn Mary Wang Executive Director Daisy M. Fulton Museum Advisory Board Dr.l.C. Spivey Spiritual Advisor W. Rod Faulds, Director FAU University Galleries Dorothy Patterson, Archivist Delray Beach Htstorical Society Larry Rosenswelg, Director The Morlkaml Museum and Japanese Garden 'Until the lions hove Mir historians, the tales of the hunt will continue to ~orih/ the hunter; ·.. an Afrlean Prove[b June 21, 2002 David Harden City Manager 100 N. W. 1st Ave. Delray Beach, FL 33444 Dear Mr. Harden: Expanding and Preserving Our Cultural Heritage,he. (EPOCH) requests that the City of Delray Beach consider foregiving our current loan balance of $52,000. Although our organization has made great strides during the past year under our Executive Director, Daisy Fulton, repayment of this loan would create a financial burden that would necessitate cut backs in some of the programs and efforts described in this letter. The City, as owner of the Spady Museum property, has played a significant role in partnering with EPOCH to fulfill our mutual vision for the City. Forgiving of this loan ,a411 allow us to better serve the needs of the community. Some of our activities and accomplishments over the past year that we plan tffcontinue going forward are: 1. Celebrated the grand opening of the S.D. Spady Cultural Arts Museum, July 2001. Over 2300 public/private school students, adults, seniors and other groups have toured the Museum that has become nationally known. 2. Implemented the EPOCH Kids Cultural Club pilot program in January 2002 for children and youth in three age streams (ages 6-9,10- 14, and 15-18). These children participate in activities that foster practical, intellectual, historic and cultural competence. The children prepare for their future with increascd understanding and pride in their past heritage and with thc present engagement of successful adults who mentor and teach them. We are using a temporary meeting site at Village Academy until we can fund a permanent site on our grounds. 3. Procured program and capital grants from City of Delray Beach, Delray Beach CRA, Palm Beach County Commission, Commurfity Foundation of Palm Beach and Martin Counties, Forrest C. Lattner Foundaton, Palm Beach County Cultural Council, Lost Tree Village Foundation, Junior League of Boca Raton, Sunrise Kiwanis, Office Depot, Wachovia Bank and Rotary Club, xvhile continuing to identify and to move on procuring new funding sources and fundraising opportunites. 4. Sponsored and participated in special fundraising events such as Annual Spady Day, membership Drive, Awards Banquet, King Day Breakfast, and Commission Roast. 5. Launched a plan to raise funds for restoration of the historic Munnings/Williams Cottage. The building is located just south of the S. D. Spady Cultural Arts Museum. This historic home will be the future home of the EPOCH Kids Cultural Club which we expect will serve up to 300 youth in our City year-round. 6. Plans are underway to construct the C. Spencer Pompey Amphitheater in the rear yard of the S. D. Spady Cultural Arts Museum. The Kids Cultural Club, community groups and the public will be able to use this facility for presentations and special events. 7. Membership enrollment has increased by 100% helping to fund the organization. 8. The volunteers program has been expanded. We feel that EPOCH is moving ahead with vigor and more accomplishments that will benefit the community are ahead of us. We feel that we are supported by all groups in the community. We are adding four additional capable, experienced board members to our already strong board of directors. We will continue to look at all funding opportunities. Thank you for considering the request outlined in this letter. We look forward to the City's continued support as EPOCH continues to move forward for the benefit of the community. Should you or the Commission require additional information regarding our request, please advise. Sincerely, Vera R. Farrington Board President cc: Board of Directors Daisy Fulton, Executive Director To~ David T. Harden, City Manager Joseph M. Safford, Finance Director Date: October 29, 2001 Subject: Questions Regarding EPOCH (Mayor Sdunidt) The Mayor has presented a few questions regarding EPOCH. responses are as follows: These questions and our 1. Would it be possible for the Finance Department to help EPOClt with grant administration? Response: We could possibly assist EPOCH in their grant administration. It is difficult to answer this question without knowing the condition of their financial books and their ability to provide timely, auditable backup information compared to the specific requirements of the grant(s). We could research this if you desire. Our resources have been stretched pretty thin assisting Weed & Seed personnel with their grants in addition to our normally high level of City grants and, of course, our current year-end closing. One concern we would have is that this is not a City entity and we would therefore be expending City funds administering services to a private 501(c) (3) entity. If you don't consider this a problem or setting a precedent, we could proceed as soon as our review is finalized. 2. What would be the impact if we were to forgive the $25,000 debt that EPOCH currently owes us? Response: The EPOCH loan for $57,000 is in the General Fund. $5,000 is due by December 3!, 2001. $25,000 is due by May 30, 2002. The remainder of $27,000 is due December 31, 2002. No payments have been received to date. The forgiving of $25,000 of this debt would mean that the General Fund would have a $25,000 expense. This would, of course, cause the auditors to question the ability of the City to recover the remainder of the loan. Please contact us should you want us to proceed with either of these items. Cc~ Becky O'Connor, Treasurer Milena Walinski, Assistant Finance Director FUNDING AGREEMENT BETVVEEN THE CiTY OF DELRAY BEACH AND "EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC." This Agreement is made on this /? day of ~~/~_~, 2001, by _ ..//._ and between the City of Delray Beach ("City") and Expanding and Preserving Our Cultural Heritage, Inc., a not for profit corporation, ("EPOCH"). WITNESSETH: WHEREAS, the CITY is the fee simple owner of the Spady House and EPOCH is responsible for restoring, developing and operating a multi-cultural center to provide educational, cultural, recreational and certain governmental activities; and, WHEREAS, the City has been asked to assist with funding in order for EPOCH to complete the museum project. WHEREAS, the City, as owner of the property has determined that it is in the City's interest to ensure that the project is completed. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. Recitals. The recitals set forth above are incorporated herein. 2. Payment by City. The City shall pay to EPOCH fifty-seven thousand dollars ($57,000) to be used to complete the Spady House Museum Project. EPOCH shall repay to the City fifty-seven thousand dollars 3, Repayment. ($57,000) as follows: a.) b.) First payment of five thousand dollars ($5,000) shall be paid by December 31, 2001. - twenty-five thousand dollars (,25,000)1,~ Second payment of fiffeertt~nousand-doflars ($15--J~O).' shall be p ;aid by May 30, 2002. c.) The final payment of twenty-seven thousand dollars ($27,000) shall be paid by December 31, 2002. Term. This Agreement shall terminate on the date the last and final o payment is made. 5. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and shall supercede all pdor oral and written agreements, as to this Funding Agreement. 6. Modification. This Agreement may be amended or modified by written addendum or amendment signed by the parties. 7. Assi.qnment. This Agreement may not be assigned without the express written consent of the parties. City Clerk Approved as to Forr~ Witnesses: ~ Name.- ~/~"~'_.~4 CItY OF DELRAY BEACH, ,FLORIDA David Schmidt, Mayor EXPANDING AND PRESERVING OUR CULTURAL U E, RIT'~,G ~'IN C. Title: ~-- h~:2,--~ Print Name: STATE OF FLO~DA COUNTY OF~ .,~ The foregoing instrume, nt was ac~nowl,edged, before me this-~7 day of /~ ,2001 by ~'~-,-"~. ~,/~,~.>/y~'~ ',,f.'/'~/~/)~ (name of officer or agent, title of officer or agent) ofl/z.~f~.~l/~,.~l ,,z~.,.,./,~.~_ ~,,.f~.. (name of corporation acknowledging), a F/~':~, 2ff (state or place of incorporation) corpo,ration, on behalf of the corporation. He/She~s peri.son_ally knovc~nn to me__~.or has ~roduced (type of identifications) ~ identification. ~ /,~5~'¢r~p r'e of ~ry P~;~fio - State of F.,~rid a 1/19/01 3 EXPANDING & PRESERVING OUR CULTURAL HERITAGE, INC. (EPOCH) COMPILED FINANCIAL STATEMENTS May 31, 2002 Gracelyn V. Stuart, CPA GRACELYN V. STUART CERTIFIED PUBLIC ACCOUNTANT 1700 N. DIXIE HWY., STE.139 BOCA RATON, FL 33432 (561) 395-2471 June 18, 2002 Expanding & Preservin§ Our Cultural Her P. O. Box. 3077 Delray Beach, FL 33447-3077 We have compiled the accompanying statement of assets, liabilities and net assets of the Expanding & Preserving Our Cultural Heritage, Inc. for the quarter ending May 31, 2002 and the related statement of activities for the period then ended, in accordance with standards established by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of financial statements information that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all of the disclosures and the statement of cash flows ordinarily included in financial statements. If the omitted disclosures and the statement of cash flows were included in the financial statements, they might influence the user's conclusions about the company's assets, liabilities and net assets, results of operations and cash flows. Accordingly these financial statements are not designed for those who are no~ informed about such matters. Certified Public Accountant Expanding & Preserving Our Cultural Her Statement of Financial position May 31, 2002 ASSETS Current Assets Cash - Capital Operating(Union Plante 2,519.52 Cash - Wachovia Bank 10,516.30 Petty Cash 500.00 Cash Register - Gift Sho~ 26.00 Merchandise Inventory 3,347.45 Due From Executive Director 353.04 Total Curr~nt Assets Fixed Assets Equipment Furniture & Fixture Art & Crafts Sign African Crafts Software Education Video Series Building Improv. - Spady Museum Less: Accumulated Deprec Total Fixed Assets Deposits Intangible Assets (net) Total Other Assets Total Assets 10,609.21 6,381.75 575.00 302.07 1,500.00 127.19 12,16b. OO 67,000.00 <9,384.96> 670.00 0.00 17,262.31 89,275.26 670.00 $ 107,207.57 LIABILITIES AND NET ASSETS Current Liabilities Sales Tax Payable Payroll Tax Liability Total Current Liabilities 4.36 2{ 626.68 Long-Term Liabilities Loan Payable - City of Delray Beach Total Long-Term Liabilities Total Liabilities 52,000.00 Beginning Fund Balance Excess of Support over Expenses Total Net Assets 40,163.ql 12,423.12 Total Liabilities and Fund Equity 2,631.04 52,000.00 54,631.04 52,576.53 $ 107,207.57 PREPARED FROM BOOKS AND RECORDS WITHOUT AUDIT Expanding & preserving Our Cultural Her Statement of Activities For The Month Ending May 31, 2002 Current Month Year to Date Revenues and Other Support Contributions - NonCash Contributions - corporations Contributions Individuals Membership Dues Fundraising - MLK Breakfast Fundraising - Awards Banquet Fundraising - Con~nisaioner Roast Grants - Community Foundation Grants - Lattner Foundation Grants - City of Delray Bch. Grants - Delray Bch. C R A Grants - Florida Humanities -Res Grants - office Depot Sales - Gift Shop Total Revenues & Support Cost of Sales Cost of Sales - Gift Shop $ 0.00 0.00 $ 400.00 0.41 506.55 9.23 4,787.55 4.91 0.00 0.00 1,210.00 1.24 75.00 1.37 11,186.88 11.48 <95.55> <1.74> 5,306.45 5.44 0.00 0.D0 6,026.04 6.18 0.00 0.00 143.40 0.15 5,000.00 91.14 10,000.00 10.26 0.00 0.00 1,000.00 1.03 0.00 0.00 25,000.00 25.65 0.00 0.00 25,000.00 25.65 0.00 0.00 2,298.13 2.36 0.00 0.00 5,000.00 5.13 0.00 0.00 152.82 0.16 5,486.00 100.00 ............ 97,511.27 100.05 0.00 0.00 0.00 0.00 Net Revenues and other Support 5,486.00 100.00 Expenaes Bank service Charges 103.72 1.89 Computer Supplies 0.00 0.00 Dues & Subscriptions 296.92 5.41 Equipment Rental 0.00 0.00 Insurance Expense 0.00 0.00 Licenses & Permits 5.00 0.09 Marketing 0.00 0.00 Meetings 48.53 0.88 Office Supplies 0.00 0.00 Payroll Tax Expense 794.25 14.48 postage & Delivery 0.00 0.00 Printing & Reproduction 170.67 3.11 Professional Fees 500.00 9.11 Program Expense 617.70 11.26 Repairs & Maintenance - Equipmen 1,162.00 21.18 Repairs & Maintenance - Building 66.45 1.21 Repairs & Maintenance - Landscap 0.00 0.00 Salaries Expense 10,382.40 189.25 security Service 0.00 0.00 Seminars & Conferences 0.00 0.00 Special Events 0.00 0.00 Telephone 874.01 15.93 Training 0.00 0.00 Travel 0.00 0.00 Utilities Expense 357.00 6.51 Utilities Expense ...... 0__.~_. 0.00 Total Expenses 15,378.65 280.33 0.00 0.00 0.00 0.00 0.00 0.00 Other Revenue and Expenses Miscellaneous Income Penalties Increase (Decrease) in Net Asse~s $ <9,892.65><180.33> 58.92 0.06 58.92 0.06 97,452.35 99.~9 312.00 0.32 68.94 0.07 586.92 0.60 55.00 0.06 2,459.34 2.52 66.25 0.07 52.95 0.05 199.61 0.20 1,708.69 1.75 3,721.12 3.82 547.71 0.56 247.66 0.25 9,060.00 9.30 1,399.32 1.44 1,343.94 1.38 1,557.96 1.60 160.00 0.16 48,639.06 49.91 1,457.95 1.50 17.00 0.02 300.00 0.31 3,949.00 4.05 12.00 0.Ol 1,439.27 1.48 4,189.06 4.30 0.00 0.00. 83,550.75 85.73 <10.00> <0.01> 413.48 0.42 403.48 0.41 13,498.12 13.85 Prepared From Books and Records Without Audit MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~-.-, - REGUI.AR M~ETING OF JULY 2. 2002 DESIGNATION OF VOTING D~-I-EGATE/FLORIDA I.~.&GUE t~ITIES ANNUAL CONFERENCE DATE: JUNE 28, 2002 OF The 76m Annual Conference of the Florida League of Cities will be held at the Boca Raton Resort & Club on August 15-17, 2002. The League encourages each member city to send as many delegates as possible to the conference, and also requests that each city designate one of its officials to cast votes at the annual business session. League by-laws require that each city select one person to serve as the city's voting delegate. Last year Mayor David W. Schmidt was selected as the voting delegate. Either the Mayor, any one of the Commissioners, or the City Manager may be designated to serve in this capacity. Recommend designation of a voting delegate to cast votes on behalf of Delray Beach at the armual business session of the Florida League of Cities. S:\City Clerk\chevelle folder\agenda menms\FLC.VotingDelegate.2002 July 3, 2002 Ms. Gaff Dennard Florida League of Cities, Inc. P.O. Box 1757 Tallahassee, FL 32302-1757 Re: Designation of Votinff Delegate Dear Ms. Dennard: Please be advised that has been selected by the Delray Beach City Commission to serve as the City's voting delegate at the 76~ Annual Conference of the Florida League of Cities, Inc., to be held August 15-17, 2002 at the Boca Raton Resort & Club. Should you have any questions, please do not hesitate to contact me at 561/243-7051. Sincerely, Barbara Gatito, CMC City Clerk bg Enclosure Copy: Mayor & Commissioners David T. Harden, City Manager MiscLtr. FLCVotingDelegate. AnnualCon ference 76th Annual Conference Florida League of Cities, Inc. August 15-17, 2002 Boca Raton, Florida It is important that each member city sending delegates to the ~.nmlal Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each city select one person to serve as the city's voting delega!e. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: Cityofi AUTHORIZED BY: Nth'Be Title Return this form to: Gall Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 or Fax to Gail Dennard at (850) 222-3806 JUN 7 - 2OO2 CITY MANAGER MEMORANDUM FLORIDA LEAGUE OF ClTIES INC. TO: City Managers/City Clerks FROM: Michael Sittig, Executive Director DATE: June 3, 2002 SUBfECT: 76th Annual Conference - Celebrating Our Cilies! VOTING DELEGATE AND RESOLUTION INFORMATION August 15-17, 2002 Boca Raton Resort & Club As you know, the Florida League of Cities' Annual Conference will be held at the Boca Resort & Club in Boca Raton on August 15-17. This year's theme, Celebrating Our Cities, will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. Registration materials have already been sent to each city. Call us if you need additional copies. We have attached the procedures your city should follow for presenting resolutions to the League membership. Resolutions and Voting delegate forms must be received by the League no later than July 15, 2002. Should you have any questions or need additional information, please feel free to call Allison Payne or Jenny Anderson at Suncom 278-5331 or (800) 342-8112. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough, Suite 300 · Post Office Box 1757. Tallahassee, FL32302-1757 Telephone (850) 222-9684 · Suncom 278-5331 · Fax (850) 222-3806 · Internet: www.flcities.com Procedures for Submitting Resolutions Florida League of Cities 75th Annual Conference Boca Raton Resort & Club Boca Raton, Florida August 15-17, 2002 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (2) (3) (4) (5) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the first day of the annual conference. Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee at least 15 days prior to the fu'st day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy committees and the Legislative Committee, prior to ~h¢ ~nembe~ship, at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Resolutions must be received by the League no later than July 15, 2002. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. Important Dates June 10, 2002 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee July 12 Appointment of Resolutions Committee Members July 16 Deadline for Submitting Resolutions to the League office July 24 Resolutions Mailed to Associations Requesting Nominees to the Resolutions Committee August 15 League Standing Committee Meetings Resolutions Committee Meeting Voting Delcgate~ Regi~i~ ation August 17 Immediately Following Luncheon - Pick Up Voting Delegate Credentials Followed by Annual Business Session [lTV DF DGLRK¥ BERI'H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DATE: June 17, 2002 '{993 City Commission David T. Harden, City Manager TO: Writer*$ Direct Line: 561/243-7091 FROM: Susan A. Ruby, City Attorney SUBJECT: Temple Sinai Property The City and Temple Sinai have negotiated a contract for pumhase of approximately 3.71 acres of Temple property, plus an additional .22 acres of right- of-way that would have otherwise reverted to the Temple upon abandonment (see Exhibit "A" for the legal description) for $370,000.00. In addition, the contract provides that the City will place two traffic calming devices in an area where an additional median cut will be made, located at the northern terminus of the remaining Temple land adjacent to Coral Trace Boulevard. Also, the contract contemplates the City will pay up to $100,000.00, on a reimbursable basis, for noise control measures upon the receipt of paid receipts for such work. The sale is not contingent on the sale of the Temple lands to the School District. The sale is subject to a reservation of a non-exclusive perpetual easement for the use of the existing storm water retention pond on the property. The contract provides that a closing will occur on September 30, 2002. By copy of this memorandum to Barbara Garito, we request that the contract be placed on the July 2, 2002 agenda for City Commission approval. Attachments RESOLUTION NO. ~ - 02.. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire a portion of a property located at 2475 West Atlantic Avenue, Dekay Beach, Florida; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida to purchase said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Temple Sinai of Palm Beach County, as Seller, land for the purchase price of Three Hundred Seventy Thousand Dollars ($370,000.00) and other good and valuable consideration; said parcel being more particularly described as follows: See Exhibit "A". Section 2. That the terms and conditions contained in the contract for sale and purchase and addendum thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein (as Exhibit B). PASSED AND ADOPTED in regular session on this the day of ,2002. ATTEST: MAYOR City Clerk LA~D DESCRII~T1ON ~ PL&T ~ R~C;ORDED 114 PLAT ~ · ereof as recoraed ~ ~TA~S. qc~r~g ~ p~ ~ of P~ B~ ~mly, ~ ~ ~. ~ f~ to i~.~ fcgt to wc of e no~i~f ~rve. co~e to Ihe ~orth~est. g rod~ ~e lo s~ ~bt b~s N13'02'~; I~ ~t~ ~st ~ ~ ~7"05'~. ~ ~ ~est ~1- ol~y. 118~2 feet lo ~ ~bt el ~t~e of e ~e ~ fo ~ ~t; of 47.1Z fee~ the~e ~ of ~ ~T ~ pOINT ~ CF ~ L R CF L MIC CONTP~ACT FOR SALE AND pURCHASE PARTIES~ T~MPLE SINAI OF pA~MBEACH COUNTY,("Seller"), of , (Phone ), and the CITY OF DELRAY BEACh, a Florida ~-,~{cipal cor~oration,("Buyer"), of 100 N.W. 1'= Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"). DESCI~IPTION~ (a)Legal description of the Real Property located in Palm Beach County, Florida: A~tached hereto as Exhibit A (b) Street address, city, zip, of the Property is: II. pURChASE PRICE= PAYMENT~ (a} Deposit(s) paid within three (3) business days following the "Effective Date" to be held in escrow by Robert W. Federspiel, P.A. Trust Account in the amount of (b) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments or proration Total 370.000.00 $5,0o0.00 $ 365{000.00 $ 370,000.00 III. TIM~ FOR ACCEPTANCEs EFFECTIV~ DATEs FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties 9riot to such offer being withdrawn by the first party signing, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract (,,Effective Date") will be the later of the date when the last one of the Buyer and the Seller has signed this offer or the date the City Commission of the City of Delray Beach approves this Contract. A facsimile copy of thip¢~Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLE EVIDENCE= At least 30 da~s from the effective date, (CHECK ONLY ONE): · Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR [] Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): []abstract of title or .title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. V. CLOSING DATB: This transaction shall be closed and the deed and other closing papers delivered on September 30, 2002, unless modified by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7~ feet in width as to the side lines, unless otherwise stated herein}; taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided that there exists at closing no violation of the foregoing. VII. OCuu~ANCY: Seller warrants there are no parties in occupancy other than Seller. Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in Tts existing condition as of time of taking occupancy unless otherwise stated herein. VIII. TYPEWRITTEN OR ~NDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. iX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) [] may assign and thereby be released from any further liability under this Contract; []may assign but not be released from liability under this Contract; or .may not assign this Contract. XI. DISCLOSURES: {a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit. (b} Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attached addendum and CHECK HE~ I. CITY OF DELRAY BEACH TEMPLE SINAI OF p;~LM BEACH COUNTY By: By: Date Date Social Security Tax ID No. 60-0811624154C or Tax ID No. 60-08-114301-55C Deposit(s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARJ%NCE: ROBERT W. FEDERSPIEL, P.A By: BROKER'S FEE: The broker named below, including listing and cooperating brokers, are the only brokers entitled to compensation in connection with this Contract: Name: JACK LUPO REALTY Listing Broker Cooperating Broker ADDENDUM TO CONTRACT FOR SALE AND pURCHASE SELLER: TEMPLE SINAI OF PALM BEACH COUNTY BUYER: CITY OF DELRAY BEACH, a Florida municipal corporation PROPERTY ADDRESS: Plat of Temple Sinai of Palm Beach County, Plat Book 46, Page 53, Palm Beach County, Florida. XI. SPECIAL CLAUSES; ADDENDA (Continued): A. The Buyer shall have until August 29, 2002, within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. Ail such inspections shall be at the Buyer's sole expense and Buyer shall obtain Releases of Lien with respect to the subject property from all parties with whom they contract for such inspections. B. The Seller agrees to convey to the Buyer, at closing, all reversionary rights the Seller may have and possess in and to that certain portion of Southwest 23'4 Avenue and Southwest 24~h Avenue abutting the Seller's property as set forth in the Replat of Part of Breezy Ridge Estates, according to the plat thereof as recorded in Plat Book 24, Page 116 of the Public Records of Palm Beach County, Florida, which portion of such real property is described in Fuchibit A attached hereto and made a part hereof. The parties acknowledge that conveyance of the reversionary rights from the Seller to the Buyerwould result in the vesting of title in the Buyer in the event of abandonment of said roadways as public rights-of-way or as a result of the vacating of the above referred-to plat. In consideration of the seller granting to the Buyer such reversionary rights, the Buyer agrees to remove a section of median at Coral Trace Boulevard at approximately the North boundary of the remaining property of Seller, and to install a traffic-calming device along Coral Trace Boulevard in a manner and location determined by the City. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach within thirty (30) days following the Effective Date, and this Contract shall expressly not be deemed an "offer" for any purpose unless and until the said City Commission shall have approved and accepted said Contract in open session. If this Contract is not approved by the City Commission of the City of Delray Beach within thirty (30) days following the Effective Date, then this Contract will be null and void and of no further force or effect. D. The conveyance by the Seller to the Buyer shall be subject to the express reservati6n by Seller of a non-exclusive perpetual Easement for the use of the existing storm water retention p~nd located on the subject real property. The Buyer, its successors and assigns, shall have the right to modify such retention pond provided that the Seller's currently required storm water. retention capacity is not reduced or diminished as a result of such modification or any future action. The Buyer shall be responsible for the maintenance of such storm water retention pond. S. In the event the School Board locates the athletic stadium, on the South end of its parcel adjacent to the Seller's remaining property, the Buyer shall provide seller with up to One Hundred Thousand Dollars ($100,000.00), on a reimbursement basis, to allow Seller to install fences, hedges, walls, or such other sound proofing barriers and/or improvements to the seller's remaining property in an attempt to mitigate the noise impact of such stadium. Prior to incurring such expenses, Seller may obtain, at its election, the City's prior approval for such expenditures. The said mitigation funds shall be provided to Seller upon receipt of paid receipts for such work as shall be reasonably related to the purposes set forth above F. The provisions of Paragraphs XI(C) and (E) shall survive the closing of this transaction. BUYER'S INITIALS: SBLLERS' INITIALS: LANE) DESCRIPTION A PORTION OF THE PLAT OF' -rF_MPLE~ SiNN OF' PALM BEACH COUN'F~' A REPLAT OF' PART OF' 'REPt.AT OF PART. BR~-r.,f RIDGE ESTA1~'~'' pLAT BOOK 24-. PAGE 116. SECTION 18. TOWNSHIP 4.6 SOUTH. RANGE~ 4,~ ~ 0E1,P, AY 8EACHo PAJ..~ BE.~CH COUNTY° FLORIOA~ ACCORDING TO THE PLAT THEREOF RECOROE~ IN PLAT BOOK 46, pAGE 55 OF' THE PUBLIC RECOROS OF' PALM BEAC~ COU~[Yo FLORIDA AN0 BEING I~ORE pARTICULARLY 0ESCRIBED AS FOLLOWS: 8E(~NNING AT THE NORTH~.,~[' CORN~:R OF TRACT A "CORAL TRACE' AS REOOROED IN PLkT 1~3OK 82~ PAGE 197--2~01 oF. THE PUI~LIC RECOROS OF P,~M BEACH COUNT~o FLORIOA 'ANO EE~IO 'Rf~ INi~SECTION OF THE EAST RIGHT---OF--WAY OF' CORN. TRACE BOULEVARD A~IO THE SO~JTH RIGHT--OF--WAY UNE OF THE LAKE WORTH ORNNAGE DISTRICT LAi~I. ~ NORTH 8g'40'57'EAST ALONG THI[ ~OLITH RIGHT--OF--WAY UN£ OF THE LAi~,cAL CAt~. 5~. 348.03° TH~I~CE $OU~H OI'06'~SS'F-_~-F. I04.98' FEET TO A P~r ON THE ~RC OF A CURVE CONCAVE ~HE NORTHEAST (A RAO~L UNF' 'I~ROUGH SNO POINT GEN~S THriCE N~Y ANO SOUTH~Y N. ON~ ~tE N~C OF SAiD CURVE HAVING A R~XUS OF 50.00 ~'~', A ~ NtU"LE OF 168'27'57'. AN ~RC oL~TANCE OF 1~7.01 FF.~r TO ~T OF; ~ SOU~ 01'06°55'EAST. 66.00 THI~ICE SOUIH I(O5'O~'~kST. 8g.30 t~t:~' TO A POINT IN ~ ~rc~[ ONE OF ~AJO PLAT OF ~ SOCWH 01'06!33'EAST..~_.ONG ~ ~ UNE, 115,25 FEEl'; ~ SOUTH 88'54'05'V~.~ TO A POINT ON ~ SAID EAST RIGHT--OF--WAY LINE OF CORAL TRA THENCE NORTHO1'OS,55'Wr.~i' ALONG THE EAST RIGHT--OF-WAY UNE OF CORAL TRACE 8(XJt.EVARO, 477.00 t-~..EI' TO ~ POINT OF BEGINNING. SNO LANO$ LYING IN PALM BE. ACH COUNTt'. R.ORIOA AND CONTAINING AN AREA OF ~.71 _ ACRES (161761 :~)UARE I-~.~.i). MOl~ OR f ;'c~.. ~ - TOGETHER ~'ITH: That portion of Ihe right-of-way of N.W. 1st street ~d N.W. ?-~.th Avenue as shown on the REPLAT OF PART BREEZY ' I and pLAT OF TEMPLE SINAi lEDGE ESTATES, according 1o the Plot thereof as recorded In PR Book ?-4, Page 116 OF PALM BEACH COUNTY, according to lhe Plat thereof as recorded in Plot Book er6, Page 5.3, all of the Public Records of Pc~m Beach Courtly, Florida. described as fallows: COIV/d~ at the southwest cornU' af Lei 45 of said RFJ~.AT OF PART BREEZY RIDGE ESTATES, sdd poht dso be'~J o poht on the easterly boundary of said PLAT OF TENF~t-E SINAI OF PALM BEACH COUNTY; thence S07'05'26"E, dong said boundary. 25.00 feet to fha cented~e ef sdd N.W. 1st Street md the POINT OF BEGTNN[NG; thence NB?.'54'34"E done3 said centerline, 1:50 6?- feet to Ihe cenlerline of N.W. 2Z~th Auenue, sdid centeri~ne being the contort[ne of a 50 foot right-of-waY as shown on said REPLAT OF PART BREEZY RiDGE ESTATES; thence S07°05'~6"F-, along sdd c~terline, 197-95 feet to on inlersection with the e~slerly extension of the south §ne of sdd PLAT OF' TEtv~'L.E SINAi OF pALM BEACH COUNTY and Q peinl on Ihe arc of a non-tangent curve, concave to Ihe northwest, o radial line lo said point bears N13°02'56''W; Ihence southwesterly along the arc of so~d curve, having a radius of ?.252.01 feet end o control ~gle of 01'?_9'47". a distance of 582.9 feet to the most southerly southeast corne~' of sdd PLAT OF' TEMPLE SINAI OF PALM BEACH COUNTY; thence N55°40'45'E. doncj the west right-of-way o[ N.W. 2~-th Avenue os shown on ~oid PLAT OF TEMPLE STNAT. OF PALM BEACH COUNTY, :~$.c35 teal; thence NO7'OS'26'W, along said v;est ~ri~ht-.ol"waY. 118.32 feet to a point of curvature of o curve concave to the southwest; the~c:e ~rthwestedy along the arc of sdd'curve, havincj a radius of :~0.00 feet and o centrc~ angle of 90'00'00". o distance of 47.12 feet; thence Se2°54':~xl"W, along the south r. ight-of-way of N.W. 1st Street, 6.5.62 feet to the easterly boundary of said PLAT OF TEMPLE SiNAi OF PALM BEACH COUNTY; theace NO7°05'26"W, dong said boundary. 25.00 feet Io the pOINT OF BEG[NN[NG- ' Sdd laruds ~ituate i~ the City o( De[roy Beach, Palm Beach County, Florida ~ conlaini~ 9.66:5 square feel. 0.22 ac~es, more or less. STA/~DARDS FOE ~EAL ESTATE TRANSACTIONS CF CF MIC [lTV OF DELEE¥ BEFt[H CITY ATT01tl:rY'S OFFICE 2°° Nwi,, 33.4. TELEPHONE 561/243-7090 · FACSIMILE 561/278.4755 1993 Writer's Dlrecl Une: 581/243-7091 MEMORANDUM DATE: June 18, 2002 TO: City Commission David Harden FROM: Susan A. Ruby, City Attorney SUBJECT: Fire Station #5 Access In 1991 the City entered into an agreement to acquire land from the Bloods to accommodate Orchard View Park and Fire Station #5, located on Linton and Germantown Road. As part of that purchase, the City acquired an access easement which was Co cease when Germantown Road was realigned or no later than January 1, 2001. It was anticipated that the realigned read would alleviate the need for the access easement. It appears however, that the realignment of Germantown Road was such that a gap was created when the access easement expired. The Contract for Sale and Purchase seeks to obtain the land not covered by previous agreements to provide access. The appraised value of the land was $24,000.00. The Contract for Purchase of the land in the amount of $24,000.00 is before you for approval. The Contract requires a closing by October 1, 2002. Our office requests this matter be placed on the July 2, 2002 City Commission agenda for approval. u have any questions. SAR:ci Attachments · cc: Barbara Garito, City Clerk Chief Kerry Koen, Fire Department Dick Hasko, Director of Environmental Services Randal Krejcarek, City Engineer cig RESOLUTION NO. 50 _ O2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Dekay Beach, Florida, wishes to acquire certain property, fronting the Dekay Beach Fire Station on the south side of Germantown Road, southeast of Linton Boulevard in Dekay Beach; and, WHEREAS, the Seller hereinatter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Dekay Beach, Florida to purchase said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to 'purchase from Norman W. Blood, Jr., l~I and James D. Blood, as Sellers, land for the purchase price of Twenty-Four Thousand Dollars ($24,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: See Exhibit A Section 2. That the terms and conditions contained in the contract for sale and purchase and addendum thereto between the City of Dekay Beach, Florida, and the Seller as hereinabove named are incorporated herein (as Exhibit B). PASSED AND ADOPTED in regular session on this the day of ,2002. ATTEST: MAYOR City Clerk Plat Map Kx#tB~T A / / CONTRACT FOR SALE AND PURCHASE PARTIES: NORMAN W. BLOOD, JR., NORMAN BLOOD, III AND JAMES D. BLOOD, ("Seller"), and CITY OF DELRAY BEACH, a FIodda municipal corporation, ("Buyer"), hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"): I. DESCRIPTION: See attached survey. II. PURCHASE PRICE ....................................... $24,000.00 II1. TIME FOR ACCEPTANCE; E?FECTIVE DATE: If this offer is not executed by and delivered to all parties OR FAC~T~F~ .,~.UT?~..N communicated in writing bet'ween the parties on or before July/l', :2002 the c~posit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on October 1, 2002, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ¼ feet in width as to the side lines, unless otherwise specified herein); provided, that there exists at closing no violation of the foregoing and none of them prevents the. use of Real Property for Fire Station purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, except as provided and permitted by the Interlocal Agreement, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all dsk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX; ASSIGNABILITY: Buyer may not assign Contract. X. DISCLOSURES: (a) (b) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public health unit. Buyer may have determined the energy efficiency rating of the residential building, if any is IocateJ on the Real Property. XI. SPECIAL CLAUSES; ADDENDUM: If additional terms are to be provided, they will be provided in the attached addendum. If there is an addendum, check here. BUYER: ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By: David W. Schmidt, Mayor Approved as to Form: City Attorney ESSES: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH SELLER: By: ¢-'~'~ .~... fl.,,: Norman W. Blood, Jr. By:f __.ames D. Blood The foregoing instrument was acknowledged before me this ,/O day of /~-/.Y-.,4--~ , 2002, by Norrn.a.n W. Blood, Jr. who is personally known to me or who ha~roduced as identification. COUN~ OF PALM BEACH The foregoing inst~ment was acknowledged before me this /O day of ~~, 2002, by Norman W. Blood, III, who is personally known to me or who ha~produced as identification. ~g~atUre of Not*~ p~ COUN~ OF PALM BEACH The foregoing instrument was acknowledged before me this /O day of ~, 2002, by James D. Blood, who is personally known to me or who has as i~nt~tion. produced ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: NORMAN W. BLOOD JR., NORMAN W. BLOOD, III AND JAMES D. BLOOD BUYER: CITY OF DELRAY BEACH, a Florida municipal corporation PROPERTY ADDRESS: XI. SPECIAL CLAUSES; ADDENDUM (Continued): A. The soil, surface water, drainage requirements and run off availability, geological conditions, and environmental state of the properly being purchased must be acceptable to Buyer in Buyer's dis¢-etion. This shall be determined using existing test borings and studies or by performin~ other test boring and other soil, geological and engineering studies which may be conducted by Buyer at Buyer's expense within forty- five (45) days from the date of this Contract. Notice of the results of such testing shall be furnished to Seller. Dudng the term of this Contract, the Buyer, or Buyer's employees, agents, representatives, or assigns, shall have full and complete right to enter upon the properly for the purpose of making any and all inspections, tests and studies of the properly. In the event the Buyer determines within said inspection period that the property shall be in a condition unacceptable to Buyer, the Buyer shall have the dght to cancel this Contract by delivering written notice thereof within said inspection pedod to Seller and receive a full refund of the deposit paid under this Contract. In the event the Buyer does not cancel this Contract as aforesaid, the Buyer expressly waives any and all claims against Seller with respect to the condition of the subject properly and the Buyer accepts the subject properly in its "as is" condition. Seller hereby notifies Buyer that Seller is unaware of any defects or repairs required to the subject property other than: B. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach and Norman W. Blood, Jr., Norman W. Blood, III and James D. Blood -- 4 STANOARCS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in the pubtic records of the county whrein Real Property is located, through Effective Cate. It shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable title standards adopted by authority of: The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it, If title is found defective, Buyer shall, within 3 days thereafter, notify Sell,_' in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have thirty (30) day° From receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it ten is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore, If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligation under this Contract. B. Survey: Buyer', at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and ce~ified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. In tess and E resa: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to BuYer copies of all wdtten leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Setler's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless other~vise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing, if property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of ali such general contractors, subcontractors, suppliers and materialmen and further affirming that ali charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closinq: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m, of the next business day. H. Documents for Closin : Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall ~umish closing statement, mortgage, mortgage note, security agreement, and financia~ statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Seller. J. Prorations; credit;- Taxes, assessments, rent, interest, insurance and other expe~3ses and revenue of property shall be ~rorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's m[iage is not fixed, and current year"s assessments is avaitable, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified speciat assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completad as of Effective Date, such t3ending lien shall be considered as certified, confirmed or ratified and Seltar shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Insoecfion. Reoair and Maintenance. Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior wails do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of' those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of oroperty prior to closing in order to confirm compliance with this standard. ' M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performa~ 'e. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Age~::'s option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent oi' accounting for any items previously delivered out of escrow, tfa licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987). as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonat:)le attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdeliver~ to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Fai ute of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketatile after diligent effort, Belier fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. A~reement Not Recordable; Persons Bound; Noticm Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any par'b/shall be as effective as if given by or to that party. " Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Aclreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. NO modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Wan'antfes: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. [ITY OF DELRI:iY BEI:i[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 TO: June 25, 2002 City Commission MEMORANDUM FROM: Susan A. Ruby, City Attorney SUBJECT: Approval of Contract for Breezy Rid.qe Resident The additional contract with the party listed below is presented for your approval. The contract price represents a purchase price of thirty percent over the appraised value. The contract also provides for: Early closing in an effort to get the money into the hands of the residents as soon as possible. Early closing also makes possible the early payoff of any mortgages, so that no mortgage payments will need to be paid for August, September and October. There is an opportunity for the residents to stay on after closing until November 1, 2002 at no rent. A relocation benefit is provided, of $1,500.00, payable when a resident vacates the property. The following additional contract is before you for approval: Property Owner Purchase Price Clarissa Mayorga 12-43-46-18-02-000-0200 $169,00.00 By copy of this memorandum to David Harden, City Manager, please place this item on ission agenda of July 2, 2002. Thank you, Attachment CC'. David Harden, City Manager Barbara Gadto, City Clerk Joe Safford, Finance Director Becky O'Connor, Treasurer Robert Federspiel, Esq. CONTP. ACT FOR SALE AND FURCHASE pA/~TIES: CLARISSA E. MAYO~X~A, a single woman, ("S~]]~r") , of 5 NW 23rd Avenue, Delray Beach, FL 33445, {Phone: 965-0102}, and the CITY OF DELRAY BEACH, a Florida municipal corporation, ("B~"), of 100 N.W. 1st Avenue, Delray Beach, FL 33444 {Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "prnperty") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("~r~l~d~kLs_h") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("CQm~ract") - DESCRIPTION: (a) Legal description of the Real Property located in Palm Beach County, Florida: Lot 20, Replat of Pa ~ of Breezy Ridge Estates, according to the map or plat thereof as .ecorded in Plat Book 24, Page 116, Public Records of Palm Beach County, Florida Property Control No.:12-43-46-18-02-000-0200 (b) Street address, city, zip, of the Property is: Delray Beach, Florida 5 NW 23rd Avenue, II. PURCHASE PRICE: PAYM~ITT: (a) Deposit(s) paid within three (3) business days following the Effective Date of this Contract, to be held in escrow by Robert W. Federspiel, P.A. Trust Account in the amount of $ 1,000.00 (b) Balance to close (U.S. cash, attorney trust account check, LOCALLY DRAWN certified or cashier's check, or wire transfer) subject to adjustments or proration Total $169,000.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties prior to such offer being withdrawn by the first party signing, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract ("F.~") will be the later of the date when the last one of the Buyer and the Seller has signed this offer or the date the City Commission of the City of Delray Beach approves this Contract. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY ONE) : ~Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): Dabstract of title or ·title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. V. CLOSING DATE: This transaction shall be closed and the Warranty Deed and other closing papers delivered on the third Tuesday following the expiration of the feasibility study period as provided for in Section XI(A), unless modified by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7-1/2 feet ~n width as to the side lines, unless otherwise stated herein); taxes for ~ar of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided that there exists at closing no violation of the foregoing. VII. OCuuwANCY: Seller warrants there are no parties in occupancy other than Seller. Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer {1) · may assign and thereby be released from any further liability under this Contract; Dmay assign but not be released from liability under this Contract; or []may not assign this Contract. XI. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit. Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. (b) SPECIA~ CLAUSES; ADDENDA: If additional attached addendum and CHECK HERE ·. terms are to be provided, CITY OF DELRAY BEACH Date Tax ID No. 59-6000308 Clarlssa E.~May~g~ 'J Date Social Security or Tax ID No. Deposit(s) under Paragraph II (a) received; IF OT~ER TH~%N CAS~, T~EN SUBJECT TO CLEAP3%NCE: ROBERT W. FEDERSPIEL, P.A. By: ADDENDUM TO CONTRACT FOR SALE ~ PURCHASE SELLER: BUYER: pROPERTY ADDRESS: CLARISSA E. MAYORGA, a single woman CITY OF DELRAY BEACH, a Florida municipal corporation 5 NW 23rd Avenue, Delray Beach, FL 33445 XI. SPECIAL CLAUSES; ADDENDA (Continued): A. The Buyer shall have twelve (12) business days following the approval of this contract by the City Commission as set forth in ~ below within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, sul-~eys, soil sampling and other ~uch testing. B. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach within fifteen (15) business days from the date the Seller signs this Contract, and this Contract shall expressly not be deemed an "offer" by the Buyer for any purpose unless and until the said City Commission shall have approved and accepted said Contract in ope~ session. If this Contract is not approved by the City Commission of the City of Delray Beach within fifteen (15) business days from the date the Seller signs this Contract, then this Contract will be null and void and of no further force or effect. C. This purchase is in lieu of eminent domain. The parties believe that this transaction is exempt from documentary stamp tax pursuant to Fla. Admin. Code Ann. r- 12B-4.013, however in the event the obligation for documentary stamp tax is determined and assessed, the Seller agrees to be responsible for the same and to indemnify, save, and hold the Buyer harmless for such taxes. D. Early Closing: Notwithstanding the provisions set forth in Section V of the Contract, Sellers elec5 to close fifteen (15) business days following the date of delivery to the Buyer of the executed Contract and a copy of all mortgage account information relative to any mortgages Seller may have on the s~bject property. Contract.f~r Seller hereby acknowledges that they have delivered the executed this ~- ~ay Sale an~ Purchase and provided the mortgage payment information on If you wish to elecD ~his early closing option, please initial here: E. Purchase Price Adjustment: The Buyer hereby agrees that in the event it shall have entered into any voluntary contract outside of eminent domain for the purchase of another property within tke Breezy Ridge Estates subdivision prior to the closing of this purchase and sale and such other contract would provide a purchase price as defined in Article II. of the Contract for Sale and Purchase which is greater than thirty percent (30%) above the appraised value of such other property according to a bonafide appraisal acceptable to the Buyer (the "other Contract"), the Buyer shall increase the purchase price for the property which is the subject of this Contract to reflect the same percentage variance above appraised value agreed to be paid in such Other Contract. F. Property Excluded: The following appliances, improvements, and fixtures located in or on the subject property are hereby excluded from the sale and will be removed when we vacate the premises: G. Post-Closing Occupancy: The undersigned Sellers hereby elect to continue to occupy the property after closing as a Tenant under a lease agreement with the Buyer to be signed at closing in form substantially as attached hereto, which lease will provide for the ~ght to occupy the premises until November 1, 2002, at no rent. Further, provided that in the event the undersigned Seller has entered into a lease with the School Board of Palm Beach County on or prior to November 1, 2002, which lease is acceptable to the School Board of Palm Beach County and provides for the Seller's right to continue to occupy the premises after the conveyance of the property by the Buyer to the School Board of Palm Beach County, the Seller shall have the right to continue occupancy after November 1, 2002 under the lease with the Buyer until the earlier of: December 1, 2002, or the conveyance of the subject property by the Buyer to the School Board of Palm Beach County. lIf you wish to elect this post, Closing occupancy option, please initial here: H. Relocation Benefit: The Buyer hereby acknowledges that if the subject property is occupied as of the date of closing, the occupant will receive a relocation benefit in the amount of One Thousand Five Hundred Dollars ($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating the subject property. BUYER'S INITIALS: SELLERS' INITIALS: STANDARDS FOR REAL ESTATE TRANSACTIONS LF2%SE THIS LEASE, is made by and between CITY OF DELRAY BF~ACI{, hereinafter called "Landlord," whos~ ~dd~ess is ~q0 N.W. First A~ue, Delray Beach, , hereinafter called "Tenant.'' ~ '~ ~ ':~ J W I TNE S SETH: In consideration of the faithful performance of all covenants, agreements and conditions herein contained, on the part of the Tenant to be kept, done and performed, the said Landlord does hereby lease to the Lessee the following described property: Single family residence _~cated at ~ ~I i~-~ ~"~ ' , Delray Beach, Florida. Said property to be in its "as is" condition. TO HAVE AND TO HOLD the same until November 1, 2002, at no rent. Further, provided that in the event the Tenant has entered into a lease with the School Board of Palm Beach County on or prior to November 1, 2002, which lease is acceptable to the School Board of Palm Beach County and provides for the Tenant's right to continue to occupy the premises after the conveyance of the property by the Landlord to the School Board of Palm Beach County, the Tenant shall have the right to continue occupancy after November 1, 2002, under the Lease with the Landlord until the earlier of: December 1, 2002, or the conveyance of the subject property by the Landlord to the School Board of Palm Beach County. NOTICE TO TENANT (Pursuant to Chapter 83, F.S.) A. Landlord designates SUS/kN RUBY, ESQ., of the City Attorneys' Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person authorized on its behalf to receive all notices and demands of Tenant. TME TENANT FURTMER COVENANTS AND AGREES AS FOLLOWS: 1. Not to use or permit to be used the premises for any illegal, immoral or improper purposes. 2. Not to make whatsoever detrimental neighboring residents. or permit any noise, to the premises or to disturbance or annoyance the comfort and peace of 3. The parties agree that the premises, including lawn and plantings, and pool (if applicable), shall be continuously maintained in good condition by the Tenant, including but not limited to air conditioning and heat, appliances and/or appliance service contract, interior pest extermination (if desired), law~ & plantings, lawn pest control, building exterior, building interior, pool and equipment/pool service, and that the oblLgation and cost of maintenance shall be borne by the Tenant. 4. All charges fo~ utilities services during the term of this Lease, including but not limted to electric, telephone, gas/fuel, sewer, water, and refuse collection, shall be payable by the Tenant. 5. The Tenant assume full and complete risk of loss and injury to themselves and others which may result from the occupancy of the subject premises pursuant to this Lease and in consideration of such tenancy, the Tenant agrees to indemnify, save, and hold the Landlord harmless from any and all liability, costs, claims, expenses, or damages of whatsoever nature including defense costs, attorneys' fees, and administrative COSTS. 6. Tenant shall deliver up possession of the premises at the end of the term in as good condition as they now are, ordinary wear and tear excepted; Tenant acknowledges prior inspection of the premises and finds same to be in good condition except as hereinafter noted. 7. Tenant agrees that Landlord shall have the right, upon reasonable notice, to inspect the premises and to show the premises to prospective Tenants or Purchasers. 8. Tenant agrees to pay the cost of repairing any and all damage to the premises occasioned by Tenant or any other party during the term of this Lease, including the cost of removing foreign substances from toilets and sinks. 9. Tenant covenants and agrees that the premises shall not at any time be occupied by more than one family or persons without written approval of the Landlord. 10. DEFAULT: Tenant's default in the performance of the covenants and conditions hereunder shall immediately constitute Tenant as a tenant at sufferance and, in such event, Tenant waives all right of notice to vacate said premises, and the Landlord shall be entitled to re-enter and retake possession of the premises immediately and without liability for such action. 11. Tenant agrees to pay all court costs and reasonable attorney's fees which may be paid or incurred by Landlord or Landlord's agent enforcing the covenants, conditions, agreements and obligations of this Lease in the event of Tenant's default hereunder. 12. This Lease contains the entire agreement of the parties and supersedes any and all prior agreements between them. This Lease shall be binding upon the benefit of the parties, their Personal RepresentatiVes, successors and assigns. 13. Tenant shall not assign the Lease, or sublet the premises or any part thereof, or permit the premises or any part thereof to be used or occupied by anyone other than Tenant or members of Tenant's imznediate family, without the prior written consent of Landlord. 14. Tenant is hereby prohibited from making any improvements to the subject real property other than pursuant to its repair and maintenance and obligations as described herein and in the event a Claim of Lien shall be recorded against the subject property as a result of any of Tenant's actions and such Lien shall not be discharged of record within ten (10) days thereafter, the Tenant shall be deemed to be in default pursuant to the terms of this Lease. IN'WITNq~SS WHEREOF, the parties hereto have executed this Lease the day and year first above written. BY SIGNING THIS RENTAL AGREE:4ENT THE TENA/qT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TEND~gT'S PERSONAL PROPERTY. WITNESSES: As to Landlord (2 required) L~DLORD: CITY OF DELRAY BEACH Printed Name: Title: As to Tenant (2 required) TENA/gT: To: From: Date: David T. Harden, City Manager loseph M. SaUce Director June 27, 2002 Subject: Submission of Flexible Benefits Plan for Employee- This office presented correspondence to your office dated April l0th regarding a package of voluntary benefits to be presented to employees. Part of this benefit package includes pre-tax benefits which have to be incorporated into a Section 125 Flexible Benefits Plan document and passed, in resolution form, by the City Commission. The attached memorandum dated April 10, 2002 provides a full explanation of all the voluntary benefits to be offered to our employees. In summary, these benefits include: Group medical insurance plan for dependents · Group dental/vision insurance plan for employee and dependents · Personal cancer care protection insurance · Personal heart and stroke care protection insurance · Personal hospital and confinement protection insurance · Personal accident expense protection insurance · Medical flexible spending account · Dependent care flexible spending account · Whole life and term insurance protection · Section 529 higher education savings plan · ICMA VantageCare retiree health savings plan · Personal financial planning services The Section 125 Flexible Benefits Plan Resolution (No. 59-02), as drafted by the City Attorney, is attached and is requested to be submitted to the City Commission for approval. This plan will include any benefits that are elected by the employee on a pre- tax basis. All post-tax benefits are not included in the Section 125 plan. We would request approval of Resolution No. 59-02. RESOLUTION NO. 59-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A CAFETERIA PLAN IN ACCORDANCE WITH SECTION 125 OF THE INTERNAL REVENUE CODE, INCLUDING DEPENDENT CARE IN ACCORDANCE WITH SECTION 129 OF THE INTERNAL REVENUE CODE AND MEDICAL REIMBURSEMENT IN ACCORDANCE WITH SECTION 105 OF THE INTERNAL REVENUE CODE; PROVIDING FOR CONFLICTS; SUPERSEDING AND REPEALING PREVIOUS PLANS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission wishes to adopt a flexible benefits plan for city employees that provides a "cafeteria plan" within the meaning of section 125 of the Internal~ Revenue Code, inclUding dependent care as provided in section 129 of the Internal Revenue Code, and medical reimbursement as provided in section 105 of the Interna Revenue Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. A. That the City adopt a Flexible Benefits Plan known as a cafeteria plan under section 125 of the Internal Revenue Code, including a dependent care selection as provided by section 129 of the Internal Revenue Code, and a medical care expense reimbursement as provided by section 105 of the Intemal Revenue Code. B. That the Flexible Benefits Plan be that attached hereto. C. That the adoption extends to the plan adoption agreement and policies also attached hereto. D. That the City through its authorized officials execute such documents as may be necessary to implement the plan. E. That the City may amend the plan from time to time by resolution as may be necessary or appropriate. Section 2. That this resolution shall supersede any and all conflicting provisions of any previously adopted resolutions. Section 3. That the Flexible Benefits Plan adopted herein shall supersede any such similar or equivalent plan previously adopted, and that any and all such similar or equivalent plans are hereby repealed. Section 4. That should any section or provision of this resolution or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this resolution shall take effect on PASSED and ADOPTED this day of ,2002. ,2002. ATTEST: MAYOR CITY CLERK 2 RES. NO. 59-02 Appendix to Resolution No. 59-02 REIMBURSEMENT SERVICES AGREEMENT This Agreement, effective upon execution for the Plan Year, by and between CITY OF DELRAY BEACH and American Family Life Assurance Company ("AFLACe'') WITNESSETH: WHEREAS, the Employer has adopted a Medical Care Expense Reimbursement ("URM") Plan and/or a Dependent Care Expense Reimbursement ("DDC") Plan for its Employees in conjunction with its Flexible Benefits Plan (collectively referred to as the "Plan" and attached hereto) to be adopted and administered in accordance with Sections 105, 125, and 129 of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the Employer will serve as the Plan Administrator; and WHEREAS, the Employer desires that AFLAC, as its agent, furnish reimbursement services within a framework of policies, interpretations, rules, practices and procedures (the "reimbursement practices and prodedures") made and established by the Employer in: (i) receiving and processing requests for benefits under the Plan ("Requests") and (ii) disbursing benefit payments from Employer funds (as provided for in Section ILA.) for eligible expenses under the flexible spending account provisions of the Plan; (if Self-Pay Option is selected in SectiOn ILA. balDTM. AFLAC shall convey its initial benefit determi~lati0ns to Employer so the Employer can disburse reimbursement payments for eligible expenses under the Flexible Spending Agreement provisions of the Plan); and WHEREAS, the Employer is to pay all plan benefits owed or established under the Plan to its Participants, and AFLAC is to provide the agreed upon services to the Plan without assuming any such liability; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, it is hereby agreed as follows: Section I. Enrollment and Determination of Eligibility A. The Employer shall: (1) be responsible for interpreting the Plan and its provisions, its terms, conditions and operation; and (2) notify Plan Participants of their ability to apply for reimbursement benefits and supply them with Request forms (to be provided by AFl. AC) and Request filing instructions; and (3) provide AFl_AC with the names, addresses, Social Security Numbers, and elected amounts of all participants in the Plan; and (4) upon the occurrence of events that would change a Participant's status under the Plan (e.g. termination, Change in Status Change in COSt or Coverage for DOC, etc.) immediately provide AFLAC with updates (Via Telefax) wh ch identify eligible Participants in each of the respective reimbursement Plans and/or the amount of reimbursement benefits for which they are eligible; and (5) immediately inform AFLAC (via Telefsx) as to any new Participants in either of the reimbursement Plans, any Change in Status affecting a Participant's election, or any Qualified Beneficiary electing coverage under COBRA and the amount of such election (if COBRA applies to the Employer), or of any other change which will affect AFLAC's responsibilities hereunder. B. In determining any person's right to benefits under the Plan, AFl. AC shall rely on the eligibility information furnished by the Employer, and any signed statements by Participants regarding the eligibility of their Requests under the respective Plan. It is mutually understood that the effective performance of this Agreement by AFl_AC will require that it be advised on a timely basis, by the Employer during the continuance of this Agreement of the identity of individuals eligible for benefits under each of the respective reimbursement Plans. Information modifying a Participant's eligibility or status/election under either reimbursement Plan shall identify the effective date of eligibility and the termination date of eligibility and shall be provided to AFL.AC (via Telefax) prior to the effective d~te of such modification in order t° be considered by AFLAC in making benefit determinations hereunder. AFLAC shall not be responsible for Requests paid in error where the Employer has failed to inform AFl_AC (in a form end with such information as may reasonably be required by AFLAC) of a Participant's eligibility or status change prior to the release of the benefit payment. Section II. Funding and Payment of Requests for the Plan Benefits A. Select one below: ] Daily Processing Option. The Employer shall: (i) make sufficient funds available from its general assets for amounts allocable to eligible reimbursement benefits under its plan by depositing a "Maintenance Deposit" (in amounts specified by AFLAC from time to !ime) in an Employer-owned and named account (the I '~s~, (inclu(Jing applicable fees) under which such services are provided are set forth in Appendix B "Nondiscrimination Testing and Form 5500 Preparation Services". (2) Upon written request submitted to AFLAC's FLEX ONEeDepartment at the close of each Plan year; AFLAC may assist with the preparation of Form 5500 for the Plan. Such request must be made within 120 days after the end of each Plan Year. The terms and conditions (including applicable fees) under which services are provided are set forth in Appendix B "Nondiscrimination Testing Services and Form 5500 Preparation Services In providing services, AFLAC shall assume that ERISA and COBRA apply to the Employer's Plan unless the Employer gives AFLAC written direction otherwise. C. AFLAC shall not be obligated or responsible for any duty with regard to the administration of the Plan (imposed by the Plan or otherwise) except as specifically provided above. Employer has carefully reviewed and agrees to be responsible for the "Plan Sponsor Responsibilities" summarized on the back of the Plan Document Request (PDR) Form. Without limiting Employer's responsibilities described therein, it shall be the Employer's sole responsibility (as Plan Administrator) and duty to: ensure compliance with COBRA; perform required nondiscrimination testing; amend the Plan as necessary to ensure ongoing compliance with applicable law; file any required tax or governmental returns (including Form 5500 returns) relating to the Plan tO determine'if and when a valid election change has occurred; handle Participant claim appeals; allow AFLAC, by and through independent associates, a reasonable opportunity to discuss AFLAC, URM, and DDC benefits; execute and retain required Plan and claims documentation; and take all other steps necessary to maintain and operate the Plan in compliance with applicable provisions of the P~an, ERISA, the Code and other applicable Federal and State laws. D. In the event that AFLAC overpays any person entit ed to benef ts under the Plan, or pays benefits to any person who is not entitled to them, AFLAC shall take all reasonable steps to recover the overpayment except that AFLAC shall not be required to initiate court proceedings to recover an overpayment. AFLAC shall promptly notify the Employer if it is unsuccessful in recovering any overpayment. E. AFLAC will optically scan and maintain electronic copies of all FSA Reimbursement Requests and supporting documentation for a period of seven (7) years after the claim is processed. Copies Of FSA claim documents can be reproduced upon written request at AFLAC's currently prevailing rate. Section III, Liability and Indemnity A. In performing its obligations under this Agreement, AFLAC neither assumes nor underwrites any liability of the Employer under the Plan, but with respect to the Employer, acts only as provider of those services specifically described in Section II.B. of this Agreement and with respect to Plan Participants, acts only as the agent of the Employer. The services to be performed by AFLAC shall be ministerial in nature and shall be performed within the framework of policies, interpretations, rules, practiceS, and procedures made or established by the EmploYer. AFLAC shall have no discretionary authority or discretionary control over any assets of the Employer, the Plan, or Plan Participants. B. AFLAC shall have no duty or obligation to defend any legal action or proceeding brought to recover a Request for Plan Benefits. AFLAC shall, however, make available to the Employer and its counsel, such evidence relevant to such action or proceeding as AFLAC may have as a result of its processing of the contested benefit determination. :Except as otherwise explicitly provided in this Agreement, the Employer shall retain the liability for all Plan Benefit Requests and all expenses incident to the Plan and for any and all violations of the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), if applicable, and agrees to indemnify AFl, AC for and hold it, its directors, officers, and employees, harmless from all amounts and expenses (including reasonable attorneys' fees and court costs) for which AFLAC may become' liable. This indemnity shall survive the termination of this Agreement. AFl. AC shall use ordinary and reasonable care in the performance of its duties, but shall not be liable to the Employer for mistakes of judgment or other actions taken in good faith unless such error results directly from an intentionally wrongful or grossly negligent act of AFLAC, its officers or employees. AFl.AC shall have no duty or obligation with respect to Requests incurred prior to the effective date of this Agreement (hereafter "Prior Reimbursement Requests") and/or Plan Administrator (or other) services arising prior to the effective date of this Agreement regardless of whether such services were/are to be performed prior to or after the effective date of this Agreement (hereafter "Prior 'Administration"). The Employer specifically acknowledge(s) and agree(s) that: (i) AFLAC has no responsibility or obligation with respect to Prior Reimbursement Requests and/or Prior Administration; (ii) the Employer will be responsible for processing Prior Reimbursement Requests (including any run-off Requests submitted a~ter the effective date of this Agreement) and maintaining legally required records of all Prior Reimbursement Requests and Prior AdminiStration sufficient to comply with applicable legal (e.g., IRS substantiation) requirements and (iii) the Employer agrees to indemnify and hold AFLAC harmless for any lia,,bility relating to Prior Reimbursem.ent Requests and/or Prior .Administration. 3 ~s^ (4) At the option of AFLAC, if no Plan Participant is an AFLAC policyholder or if the Employer denies AFLAC a reasonable opportunity (as determined by AFLAC in its sole discretion) to meet with Employees, AFLAC shall immediately communicate its election of this option to the Employer. (5) Any other date mutually agreeable to the Employer and AFLAC. Upon termination of this Agreement, AFLAC shall cease the processing of all Requests then in its possession, return any undistributed funds to the Employer, and make all records relating to Requests in process reasonably available to the Employer. If the termination occurs pursuant to VI.AA. (above), AFLAC shall process all run-off claims provided any Service fee(s) is current. Thereafter, the Employer and/or Plan Administrator shall be responsible for all aspects of Reimbursement Requests processing and Plan administration. section vii. Miscellaneous (~) Notices. Any notice required to be given hereunder to AFLAC shall be sufficient if in writing and de~d personally or by prepaid first class mail to AFL.AC Administrative Services/Flex One®, 1932 Wynnton Road, Columbus, GA 31993-9615, or if to the Employer, at the address of the Employer denoted on the signature page attached hereto. (2) Applicable Law. This Agreement shall be governed by, and shall be construed in accordance with the laws of the State of Georgia, to the extent they are not preempted by ERISA, the Code, or any other Federal law. (3) Le,qal and Tax Status. The Employer acknowledges that neither AFLAC nor its agents is Providing legal or tax advice, and that neither AFLAC nor its agents serves as the plan administrator or a plan administrator or a fiduciary under the Plan. The Employer shall be the sole party responsible for determining the legal and tax status of the Plan under applicable law. AFl. AC shall have no power or authority to waive, alter, breach or modify any terms or conditions of the Plan. (4) (5) Assignment. This Agreement may be assigned by AFLAC to any other party, including any successor to the business of AFLAC by merger, consolidation, purchase of assets, or otherwise, without the prior consent of the Employer. This Agreement shall be binding upon any corporation into which the Employer may be merged or with which it may be consolidated, or any corporation succeeding to all or substantially all of the business of the Employer. Entire Contract. This Agreement constitutes the entire contract between the p~rties and no modification or amendment hereto shall be valid unless in writing and signed by an officer of the Employer and an Officer or duly authorized representative of AFLAC. Tax Reportin,q and Withholdings. The Employer has ultimate control over the payment of Plan benefits and shall be the sole party responsible for income and employment tax reporting and withholding obligations imposed as a result of the includability of such payments in the gross income of recipients. AFLAC is a mere agent of the Employer for the processing of benefit Requests. Confidential Information. The term "Confidential Information" as used in this Agreement means confidential or proprietary information of any party that is not generally known to the public, including, but not limited to compilations, lists of actual or potential customers or suppliers, hardware systems, software, or other documentation of any type, whether in printed or machine readable form, computer databases, forms and form letters, contracts, information regarding specific transaction and marketing and business plans. For the purposes of this subsection, Confidential Information shall not.include the personally identifiable information relating to any of Employer's employees. The term "Trade Secrets" as used in this Agreement shall mean Confidential Information that: (1) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. The terms "Confidential Information" and "Trade Secrets" do not include information that: (a) is known to the receiving party prior to its disclosure by the disclosing party~ as evidenced by the receiving party's written records; (b) is developed by the receiving party independently of any of the Confidential Information or Trade Secrets received in confidence from disclosing party, evidenced by the receiving party's written records; (c) is rightfully received by the receiving party from a third party without restriction and without breach of any obligation of confidentiality running to the disclosing party. , Each party agrees that it shall not disclose to others or use for any purpose other than 'performance of the Agreement any of the other party's Confidential Information or Trade 5 Appendix A Schedule of Services to Be Provided By AFLAC In accordance wlth attached Reimbursement Services Agreement AFLAC shall provide the following services for the Employer:. General Plan Services: provide the Employer with a sample cafeteria plan document, including a medical care expense reimbursement ("URM") Plan and a dependent care expense reimbursement ("DDC") Plan to be reviewed by the Employer and its legal counsel; and provide the Employer with a sample flexible benefits summary plan description for distribution to each Plan Participant and employees and where may be required by a Change in Status; and upon receiving instructions from the Employer on a Change in Status, AFl_AC will make the change requested by the Employer. Additional Services If DDC or URM Benefits Are Offered: assist the Employer in explaining the URM and/or DDC features of the cafeteria plan to employees; and process for the Employee-executed salary redirection agreements as they relate to the URM and DDC components of the Employer's flexible spending account; and prepare an enrollment confirmation letter and send it to the Employer to verify URM and DDC elections; and provide each Participant with a URM and/or DDC statement on a quarterly basis; and provide the Employer with written monthly reports summarizing the previous period's URM and/or DDC and Acceunt activities; and receive Requests for URM and/or DDC benefits, and expeditiously review such Requests to determine what amount, if any, is due and payable with respect thereto; and disburse the benefit payments it determines to be due (provided the Employer transfers sufficient funds to AFLAC or has sufficient funds in the Account) or if Self-Pay is elected under Section II, A., notify the Employer of the benefit determination in accordance with the provisions of the Plan and the following procedures: valid reimbursement for URM and/or DDC benefits shall be paid by AFLAC on the date funds are received from the Employer (with resPect to such Requests) by mailing a check in the appropriate amount(s) directly to the Participants at their home addresses; and if the amount of the (otherwise) reimbursable DDC Request exceeds the amount the Participant had withheld for DDC benefits, the excess shall be carried forward (within the same Plan Year) and treated as an Eligible Employment Related Expense for that month; and if the amount of the reimbursable URM Requests exceeds the amount the Participant has had withheld from URM benefits, the entire amount Shall be processed (provided the Employer makes available sufficient funds for AFLAC to satisfy the Request); and Requests of less than $15.00 may be carried forward and aggregated with future Request~ until the reimbursable amount is greater than $15.00, provided however, that the entire amount of the reimbursable Requests shall be paid after the close of the Plan Year without regard to the $15.00 threshold; and under the Daily Processing Option, checks of $2,000 or more shall be forwarded to the Employer for countersignature and disbursement; and unless otherwise specified in writing by the Employer, Health FSA claims following a Change in Status impacting the Health FSA election shall be processed using a "blended approach" i.e., the maximum Health FSA benefit for a period of coverage following a Change in Status will be limited to the lesser of: a) the annual Health FSA maximum set forth in the Plan document less any benefit payments made prior tO the Change in Status; and b) the sum of the Participaht's Health FSA Account balance immediately before the Change in Status and any additional contributions made during the remaining period of coverage; and 7 ' RSA APPENDIX B Nondiscrimination Testing Services and Form 5500 Preparation Services [Provided Upon Annual Request] Nondiscrimination Testing: The Employer, upon submission of an annual Employee Census Data Sheet, authorizes AFLAC to compile nondiscrimination testing percentages based upon the employee census data provided. As consideration for this service, the Plan Sponsor/Administrator agrees to release and hold AFLAC, its subsidiaries, affiliates, officers, directors, owners, shareholders, attorneys, successors and assigns harmless from any liability arising as a result of the provision of, or reliance upon such testing percentages. In addition, the Employer understands and agrees that: AFLAC is not in the business of providing legal or tax advice, and the Employer, as the plan sponsor/administrator, will not construe the testing percentages provided by AFLAC to be legal or tax advice. Accordingly, the Employer will seek the advice of its own tax or legal advisor to interpret and verify the testing percentages provided, and ensure compliance with applicable nondiscrimination requirements. The Employer bears sole responsibility for nondiscrimination testing and the continued qualified status of its cafeteria plan under all applicable provisions of the Internal Revenue Code. The testing percentages provided by AFl. AC are merely an indicator of compliance with two of the applicable nondiscrimination tests - the Cafeteria Plan 25% Key Employee Concentration Test and the Dependent Care 55% Average Beneiits Test. Each Employer' must also ensure compliance with the Eligibility Test and Contributions and Benefits Test applicable to the Cafeteria Plan, the URM, and the DDC Plan, as well as other tests that may apply to the benefits offered through the Cafeteria Plan. To ensure compliance with applicable provisions of the Internal Revenue Code, additional nondiscrimination testing and result verification must be undertaken by the Employer with the assistance of its tax or legal counsel. Discrimination testing should be conducted at least 180 days prior to the end of the Plan Year to which the data relates to ensure adequate time to make any required corrections. AFLAC will assist with discrimination testing no tess frequently than once per year and no more frequently than once every thirty (30) days. ~ Form 5500 Preparation: The Employer, upon submission of an annual Request for Form 5500 Filing Assistance, Plan Sponsor and Cafeteria Plan Information Data Sheet, authorizes AFl. AC to prepare a sample Form 5500 and applicable schedules based upon the information it provides regarding the company and its cafeteria plan. In consideration for this service, the Employer agrees to release and hold AFLAC, its predecessors, representatives, agents, associates, employees, parent companies, subsidiaries, affiliates, officers, directors, owners, shareholders, attorneys, successors, and assigns, harmless from any liability arising as a result of the provision of, or reliance upon such sample forms. In addition, the Employer understands and agrees that: AFLAC is not in the business of providing legal or tax advice, and Employer will not construe the completed sample 5500 forms to be legal or tax advice. Accordingly, the Employer should seek the advice of its own tax or legal advisor to verify that the form was properly completed and all required information included, and ensure compliance with all applicable regulations and requirements. The Employer bears sole responsibility for submitting the Form 5500 and all applicable schedules and the continued qualified status of its cafeteria plan under all applicable provisions of the Internal Revenue Code. The completed 5500 and attached schedules are provided by AFLAC, upon request, for active · ' FLEx ONEeaccounts, merely as a service tO help fulfill the filing requirements set forth by Section 6039D of the Internal Revenue Code for cafeteria plans. To ensure compliance with the applicable provisions of the Internal Revenue Code and ERISA guidelines, additional information or filings may be required as it pertains to other welfare benefit plans sponsored by the Employer/Plan Sponsor. Providing AFLAC with the information needed to complete the Form 5500 does not constitute an actual filing with the internal Revenue Service. The timely submission of the appropriate forms remains the responsibility of the Employer. if AFl_AC has been asked to prepare sample Form 5500s after the filing deadline has passed, the Employer agrees to release and hold AFLAC, its predecessors, representatives, agents, associates, employees, parent companies, subsidiaries, affiliates, officers, directors, owners, shareholders, attorneys, successors, and assigns, harmless from any liability arising as a result of the late filing of the forms. 9 FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION FOR: CITY OF DELRAY BEACH FLEXIBLE BENEFITS PLAN EMPLOYER INFORMATION 1) Name and Address of Employer/ CITY OF DELRAY BEACH Plan Administrator: 2) Employer's Telephone Number: 3) Employer's Federal Tax ID Number: 4) Plan Number Assigned to Cafeteria Plan (e.g., 501 if this is the first ERISA plan number assigned): 5) 125 Start Date: 6) Effective Date of the Plan: 7) Last Day of the Plan Year: Subsequent Plan Years: 8) Name and Address of the Plan Service Provider: 9) 10) Name and Title of Registered Agent for Service of Legal Process: JOSEPH SAFFORD 100 NW 1ST AVE DELRAY BEACH. FL 32~.~.~. (561) 243-7116 59-6000308 08/01102 08101102 02/28103 03101-02/29 CLAIMS PROCESSOR: FLEX ONE 1932 WYNNTON ROAD COLUMBUS, GA 31999 SUSAN RUBY CITY ATTORNEY Affiliated Employers which will participate in the Plan: 11) Employer's Type of Business OTHER 5 FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Introduction Your employer (the "Employer") is pleased to sponsor an employee benefit program known as a "Flexible Benefits Plan" (the "Plan") for you and your fellow employees. Under Federal tax laws, it is also known as a "cafeteria plan". It is so called because it lets you choose from several different insurance and fringe benefit programs according to your individual needs. The Employer provides you with the opportunity to use pre-tax dollars to pay for them by entering into a salary redirection arrangement instead of a Corresponding amount of your regular pay. This arrangement helps you because the benefits you elect are nontaxable; you save social security and income taxes on the amount of your salary redirection. Alternatively, your employer may allow you to pay for any of the available benefits with after-tax contributions on a salary deduction basis. This Summary Plan Description describes the basic features of the Plan, how it operates, and how you can get the maximum advantage from it. The booklet is only a summary of the key parts of the Plan, and a brief description of your rights as a participant. It is not a part of the official plan documents. If there is a conflict between them and this booklet, the plan document will apply. By enrolling in the Flexible Spending Account (FSA) option and submitting FSA claims you specifically authorize the Plan, AFLAC and FLEX ONE, and their respective agents, employees, sub-contractors, and assigns to use your personal information in their possession to administer the Plan (including the evaluation of eligibility for reimbursement under the Plan) and to detect or prevent fraud or misrepresentation, and to further disclose such information as is reasonably required for those purposes. You further authorize any provider, insurer, or other entity to release any health or treatment information for the purpose of determining eligibility for Plan benefits or for detecting or preventing fraud or misrepresentation. You further waive and release any cia[ms related to the use, disclosure, or release of such information so long as the information is used in furtherance of administering the Plan (including processing or evaluating a claim for benefits under the Plan) or to detect or prevent fraud or misrepresentation. This authorization does not and is not intended to in any way limit any right the Plan, AFLAC and FLEX ONE , or their respective agents, employees, sub-contractors, and assigns may have under applicable State or Federal law or regulation regarding the use of such information. PART I General Information about the Flexible Benefits Plan Questions & Answers Q-I. What Is the purpose of the Plan? The purpose of the Plan is to allow eligible employees to use funds provided by the Employer through employee salary redirection, to choose one or more of the Benefit Plans or Po c es offered through the Plan, and enable them to pay for the selected coverage(s) with pre-tax dollars. Q-2. What Benefits can I purchase on a pre-tax basis through the Plan? You will be able to choose to participate in the Plan's pre-tax program options by filling out any required enrollment form(s) for the component Benefit Plan or Policy. The Plan may also permit you to select Unreimbursed Medical Care Expense Reimbursement or Dependent Care Expense Reimbursement on a pre-tax basis. To the extent described on enrollment materials, employees who opt-out of certain benefits may be entitled to additional cash compensation. The various benefit options available will be described to you in information materials distributed prior to each enrollment period. For the details regarding eligibility provisions, benefit amounts, and premium schedules, please refer to the plan summary of each of the. above programs. Ask the Plan Administrator for copies. Q-3. Who can participate In the Plan? Each emplOyee of the Employer is eligible to participate in the Plan who meets the description of eligible Employee in the Employer Information Section. Those employees who actually participate in the Plan are called "Participants". An employee continues to participate Until he or she: i) elects not to participate in accordance with Q-7; or ii) is no longer employed by the Employer, or Continuation Coverage (as described below) is no longer in effect. Q-4. What tax advantages are available through the Plan? The Plan permits you to pay for insuranCe and fringe benefit programs with pre-tax dollars through salary redirection rather than regular pay. You should note, however, that paying for coverage on a pre*tax basis may cause insurance claim payments under health and medical coverage to be subject to Federal and State taxes if claim payments from all health and medical policies/plans are in excess of medical expenses relating to the condition which triggers the payment. You will be responsible for including such excess amounts (if any) in your tax return. Paying for disability income policies with pre-tax premiums will Cause the benefits payable thereun~fer to be taxable. Alternatively, you may be permitted to pay for the same benefits with after-tax dollars on a salary deduction basis. The Plan may also permit you to select Unreimbursed Medical Care Expense Reimbursement or Dependent Care Expense Reimbursement on a pre-tax basis if these benefits are setected by your Employer as noted in the Employer Information Section. Q-5. How do I become a participant? You become e Participant 'by signing an individual Salary Redirection Agreement on which you elect one or more of the benefits available under the Plan, as well as agree to a salary redirection to pay for those benefits so elected. You will be provided a Salary Redirection Agreement when you first become eigible tO partc ate You must corn eta the form and turn 't m to the Personnel Office w~thm the bme penod specified by the Plan Administrator. If you are eligible on the initial Effective Date of the Plan, you will be able to enter the Plan during the Initial Enrollment Period and shall become a Participant on the data set forth in the Employer Information Section. Otherwise, you will be able to enter the Plan on the effective date of your coverage under the component Benefit Plans or. Policies. In future years, a new Salary Redirection Agleam. ant will be made 3 Mike and Sharon constitutes a Change in Status. An election to cancel coverage for Sharon is consistent with this Change in Status. However, an election to cancel coverage for Mike and/or the child is not consistent with this Change in Status. In contrast, an election to change to employee-plus-one-dependent coverage would be consistent with this Change in Status. However, if you, your Spouse, or a Dependent elect COBRA continuation coverage under the Employer's plan, you may be able to increase your contribution to pay for such coverage. (b) Gain of Coverage Eligibility Under Another Employer's Plan. For a Change in Status in which you, your Spouse, or your Dependent gain eligibility for coverage under another employer's cafeteria plan (or qualified benefit plan) as a result of a change in your marital status or a change in your, your Spouse's, or your Dependent's employment status, your election to cease or decrease coverage for that individual under the Plan would correspond with that Change in Status only if coverage for that individual becomes effective or is increased under the other employer's plan. (c) Dependent Care Expense Reimbursement Benefits. With respect to the Dependent Care Expense Reimbursement benefit, you may change or terminate your election only if: (1) such change or termination is made on account of and conforms with a Change in Status that affects eligibility for coverage under the Plan; or (2) your election change is on account of and conforms with a Change in Status that affects the eligibility of dependent care or adoption assistance expenses for the available tax exclusion. Example: Employee Mike is.married to Sharon, and they have a 12 year old daughter. The employer's plan offers a dependent care expense reimbursement program as part of its cafeteria plan. Mike elects to reduce his salary by $2,000 during a plan year to fund dependent care coverage for his daughter. In the middle of the plan year when the daughter turns 13 years old, however, she is no longer eligible to participant in the dependent care program. This event constitutes a Change Status.in Status. Mike's election to cancel co~/erage under the dependent care program would be consistent with this Change in (d) Group Term Life Insurance, Disability Income, or Dismemberment Benefits. For group term life insurance, disability income and dismemberment benefits, if you experience any Change in Status (as described above), you may elect either to increase or decrease your coverage. Example: Employee Mike is marded to Sharon and they have one child. The employer's plan offers a cafeteria plan which funds group-term life insurance coverage (and other benefits) through salary redirection. Before the plan year Mike elects $10,000 of group-term life insurance. Mike and Sharon subsequently divorce during the plan year. The divorce constitutes a Change in Status. An election by Mike either to increase or to decrease his group-term life insurance coverage would both be consistent with this Change in Status. 2. Spectal Enrollment Rights. If you, your Spouse and/or a Dependent are entitled to special enrollment rights under a group health plan, you may change your election to correspond with the special enrollment right. Thus, for example, if you declined enrollment in medical coverage for yourself or your eligible dependents because of outside medical coverage and eligibility for such coverage is subsequently lost due to certain reasons (i.e., due to legal separation, divorce, death, termination of employment, reduction in hours, or exhaustion of the maximum COBRA period), you may be able to elect medical coverage under the Plan for yourself and your eligible dependents who lost such coverage. Furthermore, if you have a new dependent as a result of marriage, birth, adoption1 or placement for adoption, you may also be able to enroll yourself, your Spouse, and your newly acquired dependents, provided that you request enrollment within 30 days after the marriage, birth, adoption, or placement for adoption. Please refer to the group health plan description for an explanation of special enrolrment rights. 3, Certain Judgments and Orders. If a judgment, decree or order from a divorce, separation, annulment or custody change requires your Dependent child (including a foster child who is your tax DePendent) to be covered under this Plan, you may change your election to provide coverage for the Dependent child. If the order requires that another individual (such as your former spouse) Cover the Dependent child, you may change your election to revoke coverage for the Dependent child. 4. Entitlement to Medicare or Medicaid. If you, your Spouse, or a Dependent becomes entitled to Medicare or Medicaid, you may cancel that person's accident or health coverage. Similarly, if you, your Spouse, or a Dependent who has been entitled to Medicare or Medicaid loses eligibility for such, you may, subject to the terms of the underlying plan, elect to begin or increase that person's accident or health coverage. 5. Change In Cost. If the Plan Administrator notifies you that the cost of your coverage under the Plan significantly increases or decreases during the Plan Year, regardless of Whether the cost change results from action by you (such as switching from full-time to part-time) or the Employer (such as reducing the amount of Employer contributions for a certain class of .employe~s), you may make certain election changes. If the cost significantly increases, you may choose either to make an increase in your contributions, revoke your election and receive coverage under another Benefit Plan or Policy which provides similar coverage, or drop coverage altogether if no similar coverage exists. If the cost significantly decreases, you may revoke your election and elect to receive coverage provided under the option that decreased in cost. For insignificant increases or decreases in the cost of Benefit Plan(s) or Policy(les), however, the Plan Administrator will automatically adjust your election contributions to reflect the minor change in cost. The Plan Administrator (in its sole discretion) will determine whether the requirements of this section are met. (Please note the above "Change in Cost" exceptions are not applicable to Medical Care Expense Reimbursement accounts under the Plan). 5 Q-11. Will I have any administrative costs under the Plan? Unless otherwise indicated in the Employer Information Section, the Employer is bearing the entire cost of administering the P Jan. Q-12. How long will the Plan remain In effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the program at any time. It is also possible that future changes in State or Federal tax laws may require that the Plan be amended accordingly. Q-13. What happens If a Request for Reimbursement is denied? If your request is for a benefit under one of the component Benefit Plan(s) or Policy(les), you will generally proceed under the reimbursement procedure applicable under the component Benefit Plan or Policy. However, if you are denied a benefit under this Plan including a benefit under the Medical Care Expense Reimbursement Plan and/or the Dependent Care Expense Reimbursement Plan (such as the ability to pay for premiums on a pre-tax basis) due tO an issue germane to your coverage under this Plan (i.e., such as a determination of: a Change in Status; a "significant" change in premiums charged; or eligibility and participation matters under the Flexible Benefits Plan document), the reimbursement procedure under this Plan will apply, and you will be notified in writing by the Plan's Administrator within 30 days of the date you submitted your request if the request is denied. Such notification will set out the reasons your request was denied, and further advise you of what steps, if any, you might take to validate the claim request, it will further advise you of your right to request an administrative review of the denial of the request. This 30-day period may be extended 15 days if the Plan Administrator determines that an extension is necessary for reasons beyond the Plan Administrator's control. You will be nofified, in writing, if an extension is necessary. If the extension is necessary because you failed to submit the necessary information to decide the claim, the written notice will indicate what information is required and you wilt have 45 days from receipt of the notice to provide the required information. You may request a review of a denied claim any ti~e within the 180-day period after you have received notice that the request was denied. You or your authorized representative will have the opportunity to review, free of charge, all "relevant" (as determined by the Plan Administrator in accordance with applicable rules and regulations) documents held by the Administrator and to submit comments and other supporting information. A decision will be reached within 60 days of the date of your request for a review. If your claim is denied on review, in whole or part, you may file suit in Federal or State court, if you fail to make a timely application for administrative review of the denial, you lose your right to sue in State or Federal court. Q-14, What Is 'Continuation Coverage" and how does it work? "Continuation Coverage" means your right, or your spouse and dependents' right, to continue to be covered under any of the component medical benefit plans if the Employer is subject to COBRA (i.e., typically employs 20 or more employees) and participation by you (including your spouse and dependents) otherwise would end due to the occurrence of a "Qualifying Event." A Qualifying Event is: -termination of your employment (other than by reason of gross misconduct); -or reduction of your work hours; -your death; -divorce or legal separation from your spouse; -your becoming entitled to receive Medicare benefits; -when a dependent of yours ceases to be a dependent. For a Qualifying Event, other than a change in your employment status, it will be your obligation to inform the appropriate Plan Administrator of each medical benefit plan you have elected of its occurrence within 60 days of the occurrence. The appropriate Plan Administrator, in turn, has a legal obligation to furnish you, or your spouse, as the case may be, with separate, written options to continue the coverages provided at stated premium costs with respect to each health plan in which you are a participant. The notification you will receive will explain the terms and conditions of the continued coverage. Certain Medical Care Expense Reimbursement Expense Account Participants will be eligible for COBRA Continuation Coverage if they have a positive Medical Care Expense Reimbursement AccOunt balance at the time of a Qualifying Event (taking into account 'all claims submitted before the date of the qualifying event). You will be notified if you are eligible for COBRA Continuation Coverage. However, even if COBRA is offered for the year in which the qualifying event occurs, COBRA coverage for the Medical Care Expense Reimbursement Account will cease at the end of the year and cannot be continued for the next plan year. Q-15. What effect will Plan participation have on Social Security and other benefits? Plan participation will reduce the amount of your taxable compensation. Accordingly, there could be a slight decrease in your Social SeCurity benefits and/or other benefits (e.g., pension, disability and life insurance) which are based on taxable compensation. Q-16, What happens If I take a leave of absence? (a) If you go on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to maintain your Benefits Plans or Policies providing health coverage (including the Medical Care Expense Reimbursement Benefit) on the same terms and conditions as though you were still active (i.e., the Employer will continue to pay its share of the contribution to the extent you opt to continue coverage. (b) Your Employer may elect to continue all coverage for Participants while they are on paid leave (provided Participants on non*FMLA paid leave are required to continue coverage). If so, you will pay your share of the contributions by the method normally used during any paid leave (for example, on a pre-tax salary redirection basis if that is what was used before the FMLA leave began). 7 SPD -are married, but you furnish more than one-half the cost of maintaining those Dependents for whom you are eligible to receive tax-free reimbursements under the DDC, your Spouse maintains a separate residence for the last 6 month of the calendar year, and you file a separate tax return; or -are single, or a head of household for tax purposes. If you are married, reside together, but file a separate Federal income tax return, the maximum DDC benefit you may elect is $2,500. Q-5. How Is my Medical Care and/or Dependent Care Expense Reimbursement benefit paid for and what amounts will be available at any particular time during the Plan Year? For URM, when you complete the Salary Redirection Agreement, you specify the amount of Medical Care and/or Dependent Care Expense Reimbursement(s) you wish to pay for with your salary redirection. Thereafter, you must pay a premium for such coverage by having an equal portion of the annual premium deducted from each paycheck. Your employer will distribute benefit payments from its general assets. For Medical Care Expense Reimbursement Benefits, the full amount of the coverage you have elected, reduced by the amount of prior reimbursements received during the Year, will be available to reimburse you for your out-of-pocket medical expenses at any time during the Plan Year, provided that you have continued to pay the periodic contributions due for this benefit. For DDC, the amount that is available to your Account at any particular time will be whatever has.been credited to such Account less any reimbursements already paid. Q-6. How do I receive reimbursement under the Plan? If you elect to participate in URM or DDC, you will have to take certain steps to be reimbursed for your Eligible Medical and/or Eligible Employment Related Expenses (as defined below). When you incur an expense that is eligible for payment, you submit a request to the Plan's Administrator on a Request for Reimbursement form that will be supplied to you. For URM, you must include written statament(s)/bill(s) from an independent third party(les) stating that the medical expenses have been incurred, and the amount of such expense(s) along with the Request for Reimbursement form. In addition, you must include an Explanation of Benefits (EOB) form(s) from any primary medical and/or dental insurance carrier(s) indicating the amount(s) which you are obligated to pay. For DDC, if your reimbursement request is for an amount that is more than your current Account balance, the excess part of the reimbursement will be carried over into following months, to be paid out as your balance becomes adequate. Remember that you can't be reimbursed for any total Dependent Care expenses above your available annual credits to your Account. With respect to either DDC or URM benefits, you may not be reimbursed for any expenses that arise before your Salary Redirection Agreement becomes effective, or for any expense incurred after the close of the Plan Year. To have your Request for Reimbursement processed as soon as possible, please read the reimbursement instruction you have been furnished. Please note that it is not necessary that you have actually paid an amount due for Eligible Medical and/or Eligible Employment Related Expenses -- only that you have incurred the expense, and that it is not being paid for or reimbursed from any other source. In addition, you will have 90 days affer the end of the Plan Year in which to submit a Request for Reimbursement form for Eligible Expenses incurred during the previous Plan Year. You will be notified in writing if any Request for Reimbursement is denied. Q-7. What la an "Eligible Expense?" For URM, an "Eligible Expense" generally means any item for which you could have claimed a medical expense deduction on an itemized Federal !ncome tax return, (without regard to any threshold limitation)for which you have not otherwise been reimbursed from ~nsurance, or some other source ("Eligible Medical Expense"). YotJ should note, however, that Section 125 of the Internal Revenue Code places additional restrictions on such expenses. For example, premiums for accident or health insurance are not Eligible Medical EXpenses. Also, expenses for long-term care services are not eligible. For DDC, You may be reimbursed for work-related expenses incurred on behalf of any individual in your family who is under age 13 who resides with you and for whom you Could clam as a Dependent exemption on your Federal income tax return; any other Dependent who is mentally or physically incapable of caring for himself or herself; or your Spouse, if the Spouse is likewise physically or mentally incapacitated ("Eligible Employment Related Expenses"). Generally, these expenses must meet all of the following conditions for them to be Eligible Employment Related Expenses: 1. The expenses are incurred for services rendered after the date of your etection to receive Dependent Care Expense Reimbursement, and during the calendar year to which it applies. Each individual for whom you incur the expenses is (al Dependent under age 13 whom you are entitled to a personal tax exemption as a Dependent, or (b) a Spouse or other tax dependent who is physically or mentally incapable of caring for himself or herself. The expenses are incurred for the care of a Dependent (as described above), or for related household services, and are incurred to enable you to be gainfully employed. If the expenses are incurred for services outside your household and such expenses are incurred for the care of a Dependent who is age 13 or older, such Dependent regularly spends at least 8 hours per day in your home. if the expenses are incurred for services provided by a dependent care center (i.e., a facility that provides care for more than 6 individuals not residing at the facility), the center complies with all applicable State and local laws and regulations. The expenses are not paid or payable to a child of yours who is under age 19 at the end of the year in which the expenses are incurred or an individual for whom you or your spouse is entitled to a personal tax exemption as a Dependent. This reimbursement (when aggregated with air other Dependent Care Reimbursements during the same year) may not exceed the least of the following limits: (t) SS,00.0 9 Q-14. Forfeiture of Unclaimed Reimbursement Account Benefits. Any Reimbursement Accoudt benefit payments that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Dependent Care Expense was incurred shall be forfeited, Q-15, What happens to my Reimbursement Account(s) when I take a leave of absence? The affect of a leave of absence on your Reimbursement Account(s) is described in Q-16 of Part I, PART Ill Premium Benefits You will be able to choose to participate in one or more of the component insurance or fringe benefit programs designated in the Employer Information Section by separately filling out any required enrollment form(s) for the component Benefit Plan or Policy. You should then select your chosen method for funding the coverage(s) (pre-tax or after-tax) by indicating your choice or choices on the Salary Redirection Agreement, and financing your share of the cost by pre-tax salary redirection or after-tax salary deduction, as described earlier. For the details regarding eligibility provisions, benefit amounts, and premium schedules, please refer to the plan summary of each, separate plan that will be furnished to you by the Plan Administrator. PART IV Electing Less Than The Maximum Annual Benefit Any portion of your Compensation that you do not choose to apply toward the purchase of the benefits described above will be paid to you as regular, taxable Compensation, PART V ERISA Rights The Flexible Benefits Plan is not an ERISA welfare benefit plan. However, certain component Benefit Plans or Policies (e.g., such as the URM benefit may be subject to ERISA. As a participant in an ERISA-covered Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act ("ERISA"). ERISA provides that all plan participants shall be entitled to: Reoelve Information About Your Plan and Benefits -Examine, without charge, at the Plan Administrator's office and at other specified locations, such as work-sites and union halls, all plan documents, including insurance contracts, collective bargaining agreements and copies of all documents filed by the Plan with the U.S; Department of Labor, such aS detailed annual reports and plan descriptions. -Obtain, upon written request to the Plan Administrator, copies of all documents governing the operation of the plan, including insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 series) and updated Summary Plan Description~ The Plan Administrator may make a reasonable charge for the copies. -Receive a summary of the Plan's annual financial report. The Plan Administrator is required by law to furnish each participant with a copy of this summary annual report. Continue Group Health Plan Coverage Continue health coverage for yourself, spouse or dependents if there is a loss of coverage under the plan as a result of a qualifying event. You or your dependents may have to pay for such coverage. Review this Summary Plan Description and the documents governing the plan on the rules governing your COBRA continuation coverage rights. Reduction or elimination of exclusionary periods of coverage for preexisting conditions under your group health plan, if you have creditable coverage under another plan. You should be provided a certificate of creditable coverage, free of charge, from your group health plan or health insurance issuer when you lose coverage under the plan, when you become entitled to e act COBRA continuation coverage, when your COBRA continuation coverage ceases, if you request it before losing coverage, or if you request it up to 24 months after losing coverage. Without evidence of creditable coverage, you may be subject to a preexisting condition exclusion for 12 months (18 months for late enrollees) after your enrollment date in your coverage. Prudent Actions by Plan Fiduciaries In addition to creating rights for plan participants, ERISA imposes duties upon the people who are responsible for. the operation of the employee benefit plan. The people who operate your plan, called "fiduciaries" of the plan, have a duty to do so prudently and in the interest of the plan participants and beneficiaries. No one, including your employer, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a (pension, welfare) benefit from the plan, or from exercising your rights under ERISA. Enforce Your Rights If your claim for a welfare benefit under an ERISA-covered plan is denied in whole or in part, you must receive a written explanation of the reason for the denial. You have the right to have the Plan review and reconsider your claim. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request materials from the Plan and do not receive them within 30 days, you may file suit in a Federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless-the materials were not sent because of reasons beyond the control of the Administrator. If you have a claim for benefits which is denied or ignored in whole or part, you may file suit in a State or Federal court. In addition, if you disagree with the Plan's decision or lack thereof concerning the qualified status of a domestic relations order or a medical child support order, you may file suit in Federal court. If it should happen that plan fiduciaries misuse the Plan's money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suite in a Federal court. The court will decide PRIVACY PRACTICES Protecting the privacy and confidentiality of employer and participant information through FLEX ONEa's cafeteria service plans is very important to American Family Life Assurance Company of Columbus (AFl.ACe) and American Family Life Assurance Company of New York (AFLAC New York). Throughout this notice when we use the name "AFLAC" we will be referring to both organizations. Accordingly, we strive to comply with each of the following practices in everything we do. - We do not sell, rent, lease or otherwise disclose personal information about employers or employees of an employer for purposes unrelated to our products and services. The personal information of our customers is of paramount importance to us. Therefore, we provide this information only to our employees, agents and third parties as required to allow them to help us develop and provide our insurance and employee benefit products and services. - We work to ensure information Integrity and security. We use technology tools and design our business practices to help ensure that the personal information of the employer and employees of the employer are properly gathered, stored and processed. We also work to maintain the security of, and internal and external access to, the personal information of our customers through the use of technology and our business practices. - We expect our agents and employees to respect the personal Information of our customers. AFLAC has business policies and practices in place to help ensure that its employees and agents carry out these practices and otherwise protect the personal information. Both employees and agents are subject to censure, dismissal or termination for violation of these policies. These Privacy Practices apply to our U.S. customers. Due to legal and cultural differences, our practices may vary outside the United States. PRIVACY NOTICE AFLAC and our agents provide this notice to let you know about the current privacy practices of AFLAC, and our agents. You do not need to do anything In response to this notice. This notice Is merely to Inform you about how we safeguard your Information. Collection of Information AS part of AFLAC's normal operating procedures, AFLAC (and our agents acting on our behalf) need to obtain information trom both the employer and the participant to service the flexible spending accounts. AFLAC and our agents may cotlect nonpublic persbnal information (which includes both nonpublic personal financial information and nonpublic personal health information) about AFl. AC customers, including but not limited to: - Information from the employer or the participant (including names, addresses, Social Security numbers, financial and marital status, and health and dependent child-care information); - Information about the employer or the participant's transaction with AFLAC or our agents (including claims, payment information and banking information); - Information fi-om the employer or the participant's health care providers (including drug receipts and medical information), employers (inclu~ling benefit elections and employment information) and family members. Disclosure of Inforlllatlon A#LAC may disclose the nonpublic personal financial information we collect, as described above, as well as information about your transactions with us (such as election amounts, premiums and payment history) to our agents or other third parties who perform services for us or functions on our behalf, including the marketing of AFLAC services. AFLAC may also disclose the nonpublic personal financial information we collect to other third parties as authorized by you, or as required or permitted by law. Our agents will make disclosures of the employer or the participants' nonpublic personal financial information only while acting on AFLAC's behalf and, furthermore, will make such disclosures only as AFLAC itself is permitted to make. Neither AFLAC nor our agents will use or share with other parties any nonpublic personal health information about our customers for any purpose other than the servicing of the employer's frexible.spending account plan by AFLAC or on our behalf or to which the customer consents. Neither AFl. AC nor our agents will further disclose any nonpublic personal health information about a former customer of AFLAC other than as may be required or permitted by law. Confidentiality and Security AFLAC and our agents will safeguard, sccording to strict standards of security and confidentiality, any information we collect, receive or maintain about AFLAC's customers. AFLAC maintains administrative, technical and physical safeguards to ensure the security and confidentiality of the employer and employees, and the employer information and records; to protect against anticipated threats or hazards to such records; and to protect against unauthorized access to or use of such information or records. Internally, AFl. AC limits access to our customers' information to only those employees who need access to the Information to perform their job functions. Employees who misuse information are subject to disciplinary actions. Externally, we do not disclose customer information to any third parties unless we have previously informed the customer of the disclosure, have been authorized to do so by the customer, or are required or permitted to make the disclosure by law or our regulators. L4C M)MINISTRAT1VE SERVICES The #1 Provider of Cafeteria Plan Services Administrative Services · FLEX ONE* ° A Service of American Fanlih' Lil~ Assurance Company of Columbus (AFLAC) Worldwide Headquarters: 193_ ~ ynnton Road · Coltmlbus..Georg a 31999 ° Phone: (800) 323-5391 Dear JOSEPH SAFFORD: 04-23-02 Welcome to AFLAC~'s FLEX ONE®, the//1 provider of cafeteria plan services! Enclosed in this packet are the documents necessary to establish a cafeteria plan with the assistance of FLEX ONEe. Please carefully review the Flexible Benefits Plan Document and Summary Plan Description to verify that all of the information regarding benefits offered, eligibility, plan administration and funding appear correctly. You should note that these documents are only sample documents typical of a plan intended to qualify as a Section 125 cafeteria plan with the terms and conditions thereof, and that they may need to be modified to conform to your individual circumstances. AFLAC has developed these documents with legal counsel and it is AFLAC's intent and belief that the documents in form satisfy the requirements of Code Section 125. However, AFLAC is not in the business of offering legal counsel or tax advice, and thus AFLAC cannot and does not make any representations about the legal or tax effect of these documents upon any particular employer. Therefore, it is each employer's responsibility to determine, with the assistance of the employer's own legal counsel, the suitability of these particular documents and the legal and tax effect of these plan documents upon the employer and its employees. Since AFLAC has no control over your subsequent modification and/or administration of the Plan, and the .Internal Revenue Service will not render an opinion as to a plan's qualified status under IRS Code Section 125, AFLAC makes no representation (express or implied) as to your Plan's qualification under IRS Code Section 125 and related provisions as it is adopted and subsequently amended. You as sponsoring employer bear sole responsibility for amending your plan (as necessary) to comply with future tax law changes, for meeting all reporting and disclosure requirements imposed by applicable law, and for the daily administration of your plan. As such, we recommend you review the following important information: Important Compliance Issues FOrm 5500 Annual Reports - All employers that sponsor a cafeteria plan are required to file a Form 5500 annual report by the Internal Revenue Code. A separate Form 5500 may need to be filed to satisfy any ERISA imposed obligations. ERISA filing obligations will arise Whenever there are 100 or more part c pants n any particular Benefit Plan or Policy. Failure t© file a Form 5500 annual report could i~esult in the imposition of fines by the IRS or Department of Labor (DOL). As set forth in the checklist of Plan Sponsor responsibilities included in the Plan Document Request form, each plan sponsor is responsible for ensuring that it files any required Form 5500 returns. AFLAC will provide certain insurance information for its coverage required for plan sponsors to complete Schedule A of their Form 5500 fiting. This insurance information will automatically be generated when there are 100 or more AFLAC policyholders in any type of AFLAC insured product, and will also be provided to other plan sponsors upon request. Nondiscrimination Testing is at the very core of the legal requirements imposed by Section 125 of the Internal Revenue Code. Each cafeteria plan sponsor must ensure that its plan satisfies all applicable nondiscrimination requirements imposed by the Internal Revenue Code. Failure to satisfy these requirements will cause adverse tax consequences to highly compensated employees and could possibly disqualify the plan. At a minimum, each plan sponsor should undertake nondiscrimination testing near the beginning and end of each plan year, and whenever there is a substantial change in the participation and/or elections under the plan. Company Affiliations - If your company is related to any other company through stock ownership or otherwise (e.g,, partnership, relatives owning other company etc.), you may need to consider the employees of the affi iated company for purposes of nOndiscrimination testing even if the affiliated company does not adopt this plan, or adopts an entirely separate plan. In addition, if the requirements of IRS Code Section 414 (b), (c), (m) or (o) are satisfied, the employees of the affiliated company may be able to participate in this plan. You ~hould consult with your tax advisor concerning the potential impact of IRS Code Section 414(b), (c), (m) and (o). Certain Insurance Premiums which cover the employee (or in the case of coverage other than life insurance, the employee and tax dependants/family) may be included in the FLEX ONEe Plan Documents if adopted as part Of your benefits plan, These include: -Group Term Life Insurance covering the employee (Eligible under IRS Code Section 79) that is equal to or less than $50,000 (life insurance coverage on dependents is not eligible for pre-tax treatment); -Accidental Death and Dismemberment (AD&D) coverage; -Medical, Dental, Hospital Indemnity, Cancer Insurance, Vision, Hearing and other qualified accident and health premiums. Please note: When including health, medical and disabiflty income policies within the FLEX ONEe Plan: Paying for coverage on a pre-tax basis may cause insurance benefit payments under medical coverage to be subject to Federal and State taxes if benefit payments from all medical policies/plans are in excess of medical expenses. Covlet Due to the complexity of cafeteria plans, we recommend that you consult with your accountant, attorney or other tax advisor concerning the plan provisions, administration and operation before executing the plan documents. Remember that your cafeteria plan will not be effective until your plan is adopted, and the plan documents must be signed PRIOR TO THE EFFECTIVE DATE. If your plan document is executed subsequent to the effective date, the IRS may attempt to challenge the qualified status of your plan. We recommend you retain any evidence you have that would establish your plan was adopted and enrollments were completed prior to the effective date. In the event there have been no pre-tax deductions taken thus far, you may consider changing the start date of your cafeteria plan. AFLAC will make its best efforts to provide employers information about developments concerning Section 125 plans. However, for reasons stated above, it is the employer's responsibility to maintain the qualified status of the Section 125 plan, in form and in operation. Should you have any questions concerning the FLEX ONEe Cafeteria Program, you may contact us at 1-800-323-5391 between the hours of 8:30 a.m. and 7:00 p.m. Eastern Time, Monday through Friday. We are pleased you've chosen AFLAC's FLEX ONEe to help you meet your cafeteria plan needs and we look forward to the opportunity to serve you. Sincerely, Robert M. Ottman Second Vice President AFLAC Administrative Services/FLEX ONEe TABLE OF CONTENTS FLEXIBLE BENEFITS PLAN PREAMBLE 3 ARTICLE I DEFINITIONS 1.01 "Affiliated Employer" 1.02 "After-tax Premium(s)" 1.03 "Anniversary Date" 1.04 "Benefit Plan(s) or Policy(les)" 1.05 "Board of Directors" 1.06 'Change in Status" 1.07 "Code" 1.08 "Compensation" 1.09 "Dependent" 1.10 "Dependent Care Expense Reimbursement" 1.11 "Earned Income" 1.12 "Effective Date" 1.13 "Eligible Employment Related Expenses" 1.14 "Eligible Medical Expenses" 1.15 "Employee" 1.16 "Employer" 1.17 "ERISA" 1.18 "Highly Compensated Individual" 1.19 "Key Employee" 1.20 "Medical Care Expense Reimbursement" 1.21 "Nonelective Contributions" 1.22 "Participant" 1.23 "Plan" 1.24 "Plan Administrator" or "committee" 1.25 "Plan Year" 1.26 "Pre-tax Premium(s)" 1.27 "Qualified Benefit" 1.28 "Qualifying Employment-Related Expenses" 1.29 "Qualifying Individual" 1.30 "Qualifying Services" 1.31 "Reimbursement Account(s) or Account(s) 1.32 "Salary Redirection Agreement" 1.33 "Spouse" 1.34 "Student" 1.35 "Trustee" 3 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 ARTICLE II ELIGIBILITY AND PARTICIPATION 2.01 Eligibility to Participate 2.02 Entry Date 2.03 Termination of Pmlicipation 2,04 Eligibility to Pa~cipate in Reimbursement Benefits 2.05 Qualifying Leave Under Family and Medical Leave Act 2.06 NonoFMLA Leave of Absence 5 5 5 5 5 6 6 ARTICLE III PREMIUM ELECTIONS 3.01 Election of Premiums 3.02 Initial Election Period 3.03 Annual Election Period 3.04 Change of Premium Election 3.05 Termination of Election ARTICLE IV PREMIUM PAYMENTS AND CREDITS AND DEBITS TO ACCOUNTS 4.0t SOurce of Premium Payments 4.02 Allocations Irrevocable During Plan Year 4.03 Reduction of Certain Elections to Prevent Discrimination 4.04 MediCal Care Expense Reimbursement 4,05 Dependent Care Express Reimbursement ARTICLE V BENEFITS 5.01 Qualified Benefits 5.02 Cash Benefit 5.03 Repayment of Excess Reimbursements 5.04 Termination of Reimbursement Benefits 5.05 ,. COBRA Coverage 6 6 6 7 7 9 9 9 9 10 10 10 10 10 11 11 11 11 PREAMBLE The Employer hereby establishes a Flexible Benefits Plan ("Plan") for its Employees for purposes of providing eligible Employees with the opportunity to choose from among the fringe benefits available under the plan. The Plan is intended to qualify as a cafeteria plan under the provisions of Code Section 125. The Dependent Care Expense Reimbursement Plan ("DDC") is intended to qualify as a Code Section 129 dependent care assistance plan, and the Medical Care Expense Reimbursement Plan ("Health FSA") is intended to qualify as a Code Section 105 medical expense reimbursement plan. Although printed within this document, the DDC and Health FSA Plans are separate written plans for purposes of administration and ail reporting and nondiscrimination requirements imposed by Sections 105 and 129 of the Code and all applicable provisions of ERISA. The DDC and Medical Care Expense Reimbursement Plans are available only if designated on the Adoption Agreement. FLEXIBLE BENEFITS PLAN ARTICLE I DEFINITIONS 1.01 "Affiliated Employer" means any Employer within the context of Code Section 414(b), (c), or (m) of the Code which will be treated as a single employer for purposes of Code Section 125. 1.02 "After-tax Premiums(s)" means amounts withheld from an Employee's Compensation pursuant to a Salary Redirection Agreement to purchase coverages available under the Adoption Agreement on an after-tax basis. 1.03 "Anniversary Date" means the first day of any Plan Year. 1.04 "Benefit Plan(s) or Policy(les)" means those Qualified Benefits available to a Participant under the Adoption Agreement. Where a Benefit Plan or Policy is made available through an individual insurance policy, the insurer(s) and policy form numbers shall be listed in Appendix A. 1.05 "Board of Directors" means the Board of Directors of the Employer. The Board of Directors, upon adoption of this Plan. appoints the Committee to act on the Employer's behalf in all matters regarding the Plan. 1.06 "Change In Status" means any of the events described below, as well as any other events included under subsequent changes to Code Section 125 or regulations issued under Code Section 125 which the Plan Administrator (in its sole discretion) decides to recognize on a uniform and consistent basis: (a) Legal Marital Status: A change in a Participant's legal marital status, including marriage, death of a Spouse, divorce. legal separation or annulment; (b) Change in Number of Tax Dependents (as defined in Section 1.09): A change in the Participant's number of tax Dependents, including the birth of a child, the adoption or placement for adoption of a Dependent, or the death of a Dependent. (c) Change In Employment Status: Any change in employment status of the Participant, the Participant's Spouse or the 'Participant's Dependents that affects benefit eligibility under a cafeteria plan (including this Plan or other employee benefit plans (including the Benefit Plan(s) or Policy(les) of the employer of the Participant, the Spouse or Dependents), such as: termination or commencement of employment; a strike or lockout; a commencement of or return from an unpaid leave of absence; a change in worksite; switching fi.om salaried to hourly paid; union to non union; or part-time to full-time; incurring a reduction or increase in hours of employment; or any other similar change which makes the individual become (or cease to be) eligible for a particular employee benefit. (d) Dependent Eligibility Requirements: An event that causes a Participant's Dependent to satisfy or cease to satisfy the Dependent eligibility requirements for a particular benefit, such as attaining a specified age, getting married, or ceasing to be a Student. (e) Change In Residence: A change in the place of residence of the Participant, the Participant's Spouse or the Participant's Dependent. 1.07 "Code" means the Internal Revenue Code of 1986, as amended. 1.08 "Compensation" means the cash wages or salary paid to an EmPloyee by the Employer. 1,09 "Dependent" means any individual who is a tax dependent of the Participant as defined in Code Section 152(a), or who is determined to be an altern.~tive recipient of a Plan Participant under an order determined to be a qualified medical child support order (QMCSO) by the Plan Administrator, provided however, that in the case of a divorced Employee: i) Dependent shall be defined as in Code Section 21(e)(5) (e.g., dependent of the parent with the custody) for purposes of the Dependent Care Expense Account Plan; and ii) for purposes of accident or health coverage, a child shall be considered a dependent of both parents, 1.10 "Dependent Care Expense Reimbursement" shall have ~e meaning assigned to it by Section 5~01(c) of the Plan. 1.11 "Earned Income" means all income derived from wages, salaries, tips, self-employment, and other Compensation (such as disability or wage continuation benefits), but only if such amounts are includible in gross income for the taxable year. Earned income does not include (a) any amounts received pursuant to any Dependence Care Reimbursement Plan established under Code 129; or (b) any other amounts excluded from earned income under Code 32 (c)(2), such as amounts received under a pension or annuity, or pursuant to workers' compensation. term life insurance coverage, that is includable in gross income by virtue of exceeding the dollar limitation on nontaxable coverage under Code Sec. 79). Long-term care insurance is not a "Qualified Benefit". 1.28 "Qualifying Employment-Related Expenses" means those expenses that would be considered to be employment- related expenses under Section 21(b)(2) of the Code (relating to expenses for household and dependent care services necessary for gainful employment) if paid for by the Employee to provide Qualifying Services. 1.29 "Qualifying Individual" means: (a) a Dependent of the Participant who is under the age of thirteen (13); or (b) a Dependent of a Participant who is mentally or physically incapable of caring for himself or herself; or (c) the Spouse of a Participant who is mentally or physically incapable of caring for himself or herself. 1.30 "Qualifying Services" means services relating to the care of a Qualifying Individual that enable the Participant or Spouse to remain gainfully employed which are performed: (a) in the Participant's home; or (b) outside the Participant's home for (1) the care of a Dependent of the Participant who is under age 13, or (2) the care of any other Qualifying Individual who resides at least eight (8) hours per day in the Participant's household. If the expenses are incurred for services provided by a dependent care center (i.e., a facility that provides care for more than 6 individuals not residing at the facility), the center must comply with all applicable State and local laws and regulations. 1.31 "Reimbursement Account(s) or Account(s)" shall be the funding mechanism by which amounts are withheld from an Employee's Compensation and retained for future Medical Care Expense Reimbursement or Dependent Care Expense Reimbursement. These amounts may either be retained by the Employer, sent to a third party plan administrator, and/or kept in trust for Employees. No money shall actually be allocated to any individual Participant Account(s); any such Account(s) shall be of a memorandum nature, maintained by the Administrator for accounting purposes, and shall not be representative of any identifiable trust assets. No interest will be credited to or paid on amounts credited to the Participant Account(s). 1.32 "Salary Redirection Agreement" means the actual or deemed agreement pursuant to which an eligible Employee or Participant enrolls in the specific component Benefit Plans or Policies with Pre-tax Premiums or After-tax Premiums in accordance with Article Ill. If the Employer utilizes an electronic (e.g,, electronic signature pad or digitized signature) or interactive voice response (IVR) system for enrollment, the Salary Redirection Agreement may be maintained on an electronic database. 1.33 "Spouse" means an individual who" is legally married to a Participant and who is treated as a Spouse under the Code, but for purposes of the Dependent Care Expense Reimbursement Plan provisions, shall not include an individual legally separated from the Participant under a divorce or separate maintenance decree, nor shall it include an individual who, although married to the Participant, files a separate Federal income tax return, maintains a separate, principal residence from the Participant during the last six months of the taxable year, and does not furnish more than one-half of the cost of maintaining the principal place of abode of the Qualifying Individual. 1.34 "Student" means an individual who, during each of five (5) or more calendar months during the Plan Year, is a full time student at any college or university, the primary function of which is the conduct of formal instruction, and which routinely maintains a regular faculty and curriculum and normally has an enrolled student body in affendance at the location where its educational activities are regularly presented. 1.35 "Trustee" (if applicable) means the person(s) or institution (and their successors) named on the signature page attached hereto, who have assented to being so named by their signature to this Agreement, otherwise empowered to hold and disburse the funds that are created hereunder. ARTICLE II ELIGIBILITY AND PARTICIPATION 2.01 Eligibility to Participate. Each Employee who meets the criteria set forth in the Adoption Agreement shall be eligible to participate in the Plan as Of anY applicable Entry Date. Eligibility for the benefits elected in the Adoption Agreement shall be subject to the additional requirements, if any, specified in the applicable Benefit Plan or Policy. The provisions of this Article are not intended to override any eligibility requirement(s) or waiting period(s) specified in the applicable Benefit Plans or Policies. 2.02 Entry Date. Each eligible Employee shall become a Participant in the Plan on the Entry Date specified in the Adoption Agreement provided that he or she has satisfied the requirements of the Adoption Agreement. 2.03 Termination of Participation. Participation shall terminate on the earliest of: i) the date an Employee ceases to be an Employee (except as otherwise provided in Section 3.05 for "COBRA coverage"); ii) when an Employee ceases to meet the eligibility requirements of Section 2.01 of this Plan, iii) the date this Plan is amended to exclude the Employee or is terminated; iv) the effective date of the Employee's election not to participate pursuant to Sections 3.03 or 3.04. Subject to any specific limitations for any particular benefit which the Participant has elected: (a) participation shall be continued during a leave of absence for which the Participant continues to receive a salary from his or her employer and (b) participation shall be suspended during an unpaid leave of absence. 2.04 Eligibility to Participate In Reimbursement Benefits. An Employee, Who is otherwise an Eligible Participant pursuant to Sections 2.01 and 2.02 shall be eligible to receive Medical and/or Dependent Care Expense Reimbursements (if selected by 5 PlandoC (c) the Participant on this thitial Salary Redirection Agreement shall be prospectively effective as of the first pay period coinciding with or immediately following the date that the Salary Redirection Agreement is filed (or if later, the date of the employee's eligibility under the Flexible Benefits Plan) and, subject to Section 3.04, ending on the last day of the Plan Year in which such participation began. Coverage under the component Benefits Plan or Policies will be effective in accordance with the eligibility requirements contained in such Bane[its Plans or Policies. An eligible Employee who fails to comPlete, sign and file a Salary Redirection Agreement with the Plan Administrator in accordance with paragraph (a) or (b) above during an initial election period may become a participant on a later date in accordance with Section 3.03 or 3.04. 3.03 Annual Election Period. Each Employee who is a Participant in this Plan or who is eligible to become a Participant in this Plan shall be notified, prior to each Anniversary Date of this Plan, of his right to become a Participant in this Plan, to continue participation in this Plan, or to modify or to cease participation in this Plan, and shall be given a reasonable period of time in which to exercise such right. Such period of time shall be known as the "annual election period"· An Election shall be made by submitting a Salary Redirection Agreement to the Plar~ Administrator during the election period, and shall be effective for the entire Plan Year beginning on the Anniversary Date. A Participant or Employee who fails to complete, sign and file a Salary Redirection Agreement as required by this Section 3.03 shall be deemed to have elected to continue the same coverage's under the Benefit Plans or Policies funded by the same election (e.g., either Pre-tax Premiums or After-tax premiums adjusted to reflect any increase or decrease in premium/cost) then in effect for such Participant or Employee. Notwithstanding the foregoing, annual elections for participation in the Medical Care and Dependent Care Expense Reimbursement Plans must be made by submitting a Salary Redirection Agreement prior to the beginning of each Plan year -- no deemed elections shatl occur under such Plans. 3.04 Change of Premium Election. A Participan! shall not make any changes to the Pre-tax Premium amount elected under the Plan, or to the Participant's elected allocation of Nonelective Contributions (if applicable), except for election changes permitted under this section 3.04, 2.04, 3.03 and 3.05 herein. Except as provided in Section 3.04(b) for HIPAA special enrollment rights in the event of birth, adoption, or placement for adoption, all election changes shall be effective on a prospective basis only (i.e., election changes will become effective no earlier than the first day of the first pay period coinciding with or immediately following the date that the election change was filed, but, as determined by the Plan Administrator, election changes may become effective later to the extent the coverage in the applicable component plan commences later). (a) Change In Status. A Participant may change his or her actual or deemed election under the Plan upon the occurrence of a Change in Status (as defined in Section 1.06), but only if such election change is made on account of and corresponds with a Change in Status which affects eligibility for coverage under a plan of the Employer or a plan of.the Participant's Spouse's, or the Participant's Dependent's employer (referred to as the general consistency requirement). A Change in Status that affects eligibility for coverage under aa employer's plan includes a Change in Status that results in an increase or decrease in the number of an Employee's family members (i.e., a Spouse and/or Dependents) who may benefit from the coverage. The Plan Administrator (in its sole discretion) shall determine, based on prevailing IRS guidance, whether a requested change is on account of and corresponds with a Change in Status. Assuming the general consistency requirement is satisfied, a requested etection change must also satisfy the following specific consistency requirements in order for a Participant to be able to alter his or her election based on the specified Change in Status: (1) Loss of Dependent Eligibility. For a Change in Status involving a Participant's divorce, annulment or legal separation from a Spouse, the death of a Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage, a Participant may only elect to cancel accident or health insurance coverage for the Spouse involved in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent that ceased to satisfy the eligibility requirements. Canceling coverage for any other individual under these circumstances would fail to correspond with that Change in Status. Notwithstanding the foregoing, if the Participant's Spouse (but not a former Spouse) or the Participant's Dependent becomes eligible for COBRA (or similar health plan continuation coverage under State law) under the Employer's Plan, the Pa~icipant may increase his or her election to pay for such coverage. (2) Gain of Coverage Eligibility Under Another Employer's Plan. For a Change in Status in which a Participant, a Participant,s Spouse, or a Participant's Dependent gains eligibility for coverage under another employer's cafeteria plan (or another employer's qualified benefit plan) as a result of a change in marital status or a change in employment status, a Participant may elect to cease or decrease coverage for that individual only if coverage for that individual becomes effective or is increased under the other employer's plan. (3) Special Consistency Rule for Dependent Care Expense Reimbursement Plans, With respect to the Dependent Care Expense Reimbursement benefit when offered by the Plan, a Participant may change or terminate his or her election upon a Change in Status: (i) if such change or termination is made on account of and corresponds with a Change in Status that affects eligibility for coverage under an employer's plan; or (ii) the election change is on account of and corresponds with a Change in Status that affects eligibility of dependent care expenses for the tax exclusion available under Code Section 129. (4) Special Consistency Rule for Group Term Life Insurance, Disability and Dismemberment Coverage. For any Change in Status, a Participant may elect either to increase or to decrease group-term life insurance, disability coverage, or accidental death and dismemberment coverage offered under the Plan. HIPAA Special Enrollment Rights. If a Participant, a Participant's Spouse or a Participant's Dependent is entitled to special enrollment rights under a group health plan as required by HIPAA under Section 9801(f) of the Code, then a Participant may revoke a prior election for group health plan coverage and make a new election (including an election for Medical Care Expense Reimbursement) provided that the election change corresponds with such HIPAA special · enrollment right. As required by HIP,aA, a special enrollment right will arise if: (ii) Significant Curtailment With a Loss of Coverage. If the Plan Administrator determines that a Participant's Benefit Plan or Policy under this Plan (or the Participant's Spouse's or Dependent's coverage under his or her employer's plan) is significantly curtailed, and such curtailment results in a Loss of Coverage during a Plan Year, the Participant may revoke his or her election for the affected coverage, and may either prospectively elect coverage under another Benefit Plan or Policy that provides similar coverage, or drop coverage if no other Benefit Plan or Policy providing similar coverage is available. (iii) For purposes of this Section 3.04(f)(1), a "Loss of Coverage" means a complete loss of coverage (including the elimination of a Benefit Plan or Policy, an HMO ceasing to be available where the Participant, Participant's Spouse or Dependent resides, or a Participant, Spouse or Dependent losing all coverage under the Benefit Plan or Policy by reason of an overall lifetime or annual limitation). In addition, the Plan Administrator, in its discretion may treat events described in 1.125-4(f)(2)(ii) as a loss of coverage. (2) Addition or Significant Improvement of a Benefit Plan or Polioy. If during a Plan Year the Plan adds a new Benefit Plan or Policy or significantly improves an existing Benefit Plan or Policy, the Plan Administrator may permit the following election changes: (i) participants who are enrolled in a Benefit Plan or Policy other than the newly added or significantly improved Benefit Plan or Policy may change their election on a prospective basis to elect the newly added or significantly improved Benefit Plan or Policy, and (ii) Employees who are otherwise eligible under Section 2.01 may elect the newly added or significantly improved Benefit Plan or Policy on a prospective basis, subject to the terms and limitations of the Benefit Plan or Policy. The Plan Administrator (in its sole discretion) will dec!de, in accordance with prevailing IRS guidance and on a uniform and consistent basis, whether there has been an addition or a significant improvement of a Benefit Plan or Policy. (3) Loss of Coverage under other Group Health Coverage. A Participant may prospectively change his or her election to add group health coverage for the Participant, the Participant's Spouse, or the Participant's Dependent, if such individual(s) loses coverage under any group health coverage sponsored by a governmental or educational institution, including (but not limited to) the following: a State children's health insurance program ("SCHIP") under Title XXI of the Social Security Act; a medical care program of an Indian Tribal government (as defined in section 7701(a)(4)), the Indian Health Service, or a tribal organization; a State health benefits risk pool; or a foreign government group health plan, subject to the terms and limitations of the applicable Benefit Plan(s) or Policy(les). (4) Change in Coverage under another Employer Plan. A Participant may make a prospective election change that is on account of and corresponds with a change made under another employer plan (including a plan of the Employer or another employer), so long as: (i) the other cafeteria plan or qualified benefits plan permits its participants to make an election change that would be permitted under applicable IRS regulations; or (ii) the Plan permits Participants to make an election for a Plan Year which is different from the pJan year under the other cafeteria plan or qualified benefits plan. The Plan Administrator shall determine, based on prevailing IRS guidance, whether a requested change is on account of and corresponds with a change made under the other employer plan. Any change in an election affecting annual Plan contributions to the Medical or Dependent Care Expense Reimbursement Plans pursuant to this Section also will change the maximum Reimbursement Benefits for the period of coverage remaining in the Plan Year. Such maximum Reimbursement Benefits for the period of coverage following an election change shall be calculated by adding the balance (if any) remaining in each of the Participant's Reimbursement Accounts as of the end of the portion of the Plan Year immediately preceding the change in election, to the total Plan Contributions scheduled to be made by the Participant during the reminder of such Plan Year to such Account(s). An employee who is eligible to become a Participant but declined to become a Participant during the initial election period pursuant to Section 3.02(a) or (b) may become a Participant and file a Salary Redirection Agreement within thirty (30) days of the occurrence of an event described in Section 3.04 above, but only if the election under the new Salary Redirection Agreement is made on account of and corresponds with the event (as described above). A Participant otherwise entitled to make a new election under this Section must do so within thirty (30) days of the event (e.g., Change in Status, significant change in cost or coverage, Medicare or Medicaid eligibility, special enrollment right or judgment, decree, or order). Elections made pursuant to this Section shall be effective for the balance of the Plan Year in which the election is made unless a subsequent event (described above) allows a further election change. 3.05 Termination of Election. Except as otherwise provided in Section 2.03, Termination of employment shill automatically revoke any Salary Redirection Agreement. Except as provided below, if revocation occurs under this Section 3.05, no new election with respect to Pre-tax Premiums may be made by such Participant during the remainder of the Plan Year. ARTICLE IV PREMIUM PAYMENTS AND CREDITS AND DEBITS TO ACCOUNTS 4,01 Source of Premium Payments. The Employer shall withhold from a Participant's Compensation on a Pre-tax or After- tax basis (as elected on the Salary Redirection Agreement) an amount equal to the contributions required from the Participant (less any applicable Nonelective Contribution) for coverage of the Participant, or the Participant's Spouse or Dependents, under the Benefit Plans or Policies elected bythe Participant and maintained by the Employer as noted in the Adoption Agreement under this Plan. The component Benefit Plans or Policies and required Employee contributions thereunder shall be set forth on an annual schedule and/or disclosed to Participants in enrollment material. Amounts withheld from a Participant's Compensation as Pre-tax Premiums or After-tax Premiums shall be applied to fund benefits as soon as administratively feasible. The maximum amount of Pre-tax Premiums plus any Nonelective Contributions made available by the Employer for the benefit of each Plan Participant shall not exceed the aggregate cost of the benefits elected. 4.02 Allocations Irrevocable During Plan Year. Except as provided in Sections 3.04, 3.05, 4.03 and 4.04, neither: (i) the insurance coverages nor amounts withheld therefore elected under Section 5.01(a), nor (ii) the amount to be credited to a (1) are not covered, p~aid or reimbursed from any other source; and (2) meet the criteria of tax-deductibility as a medical or dental expense Under Section 213 of the Code, as amended and the regulations thereunder; and (3) meet any limitations imposed by applicable regulations promulgated under Code Section 125; and (4) will not be taken as a deduction from income on the Participant's Federal income tax return in any tax year; and (5) do not exceed the lesser of: (a) the maximum annual amount allocable to Medical Care Expense Reimbursement specified in the Adoption Agreement, or (b) the annual amount that the Employee has elected to have withheld for Medical Care Expense Reimbursement; less previous Medical Care Expense Reimbursements made during the Plan Year; and (6) are verified in writing to the satisfaction of the Administrator that a covered expense has occurred and the reimbursement for which meet the substantiation requirements of Section 6.11. (c) Dependent Care Expense Reimbursement. If pursuant to the Adoption Agreement, the Employer has elected to maintain a Dependent Care Expense Reimbursement Plan, payment shall be made to the Participant in cash as reimbursement for Eligible Employment Related Expenses incurred by him or her while an Employee, during the Plan Year for which the Participant's election is effective, provided that the substantiation requirements of Section 6.11 have been complied with. No payment otherwise due a Participant hereunder shall exceed that smallest of: (1) the Participant's Earned Income for the applicable month; or (2) the Earned Income of the Participant's Spouse for such month (Note: a Spouse of a Participant who is not employed during a month in which the Participant incurs Eligible Emp!oyment Related Expenses and who is either incapacitated or a Student shall be deemed to have Earned Income in the amount of $200 per month per Qualifying Individual for whom the Participant incurs Eligible Employment Related Expense(s), up to a maximum amount of $400 per month); or (3) the annual amount the Participant has elected to have withheld from his Compensation for Dependent Care Expense Reimbursement less any prior Dependent Care Expense Reimbursements during the Plan Year; or (4) Five Thousand Dollars ($5,000), or, if the Participant is married and files a separate tax return, Two Thousand Five Hundred Dollars ($2,500) (or any future aggregate limitations promulgated under Code Section 129) less any prior reimbursements during the Plan Year. 5.02 Cash Benefit. Employees who elect not to receive coverage under certain Employer sponsored plans may be entitled to additional, cash compensation as described in the Adoption Agreement under "Opt-out Option". To the extent that a Participant does not elect under a Salary Redirection Agreement to have the maximum amount of his Compensation contributed as a Pre- tax Premium or After-tax Premium hereunder, such amount not elected shall be paid to the Participant in the form of normal Compensation payments; provided however, that Nonelective Contributions maY not be received in the form of cash compensation. 5.03 Repayment of Excess Reimbursements. If, as of the end of any Plan Year, it is determined that a Participant has received payments under this Plan that exceed the amount of Eligible Reimbursement Expenses that have been substantiated by such Participant during the Plan Year, the Plan Administrator shall give the Participant prompt written notice of any such excess amount, and the Participant shall repay the amount of such excess to the Employer within sixty (60) days of receipt of such notification. 5.04 Termination of Reimbursement Benefits. Coverage under the Medical Care Expense Reimbursement and/or Dependent Care Expense Reimbursement Plan(s) shall cease as of the date on which a Participant is no longer employed by the Company or When a premium payment has not been made for any reason. Provided, however, that Participants shall have the right to submit Claims for reimbursement for Eligible Employment-Related Expenses arising during the Plan Year at any time until ninety (90) days after the end of the Plan Year for which the election had been in effect, and to receive reimbursement hereunder. Participants in the Medical Reimbursement Plan shall have the right to submit claims for reimbursement for Eligible Medical Expense arising during the Plan Year and before the date of separation from service at any time until ninety (90) days after the end of the Plan year for which the election had been in effect, and to receive reimbursement hereunder. Unless a COBRA election is made, Participants shall not be entitled to receive reimbursement for Medical Care expenses incurred after coverage ceases under this Section, and a~ unused reimbursement benefits at the expiration of the 90-day period following the close of the Plan Year shall be treated in {~ccordance with Sections 4.04 or 4.05. 5.05 Coordination of Benefits Under Health FSA. The Health FSA is intended to pay benefits solel~, for otherwise unreimbursed medical expenses. Accordingly, it shall not be considered a group health plan for coordination of benefits purposes, and its benefits shall not be taken into account when determining benefits payable under any other plan. ARTICLE VI PLAN ADMINISTRATION 6.01 Allocation of Authority. Except as to those functons reset, ed within the Plan to the Employer. the Plan Administrator appointed pursuant to the Adoption Agreement shall control and manage the operation and administration of the Plan. The Plan Administrator shall have the exclusive right to interpret the Plan and to decide ail matters arising thereunder, including the right to make determinations of fact and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and the Summary Plan Description issued in connection with the Plan: All determinations of the Plan Administrator with respect to any matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Plan r-. Administrator shall have the following powers and duties: ~ (a) To require any person to furnish such reasonable information as he may request for the purpose of the proper administratiOn of the Plan as a condition to receiving any benefits under the Plan; To make and enforce such rules and regulations and prescribe the use of such forms as he shall deem necessary for the efficient administration of the Plan; 11 Flexible Benefits Plan Docu. ment). This Article shall be the claims procedure applicable to the Medical Care Expense Reimbursement and the Dependent Care Expense Reimbursement Plan(s). 8.02 Procedure If Benefits are Denied under the Plan. Any Employee, beneficiary, or his duly authorized representative may file a claim for a benefit to which the claimant believes that he is entitled, but that has been previously denied by the Plan Administrator. Such a claim must be in writing and delivered to the Plan Administrator in person or by mail, postage paid. Within thirty (30) days after receipt of such claim, the Plan Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole or in part, of such claim, unless special circumstances require an extension of time for processing the claim. In no event may the extension exceed fifteen (15) days from the end of the initial period. If such extension is necessary, the claimant will be given a written notice to this effect prior to the expiration of the initial 30-day period. If an extension of time is necessary because the claimant failed to provide sufficient information necessary to decide the claim, the notice of the extension shall describe the required information and the claimant shall have forty-five (45) days from the receipt of such notice to provide the required information. The Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the denial of a claim is not furnished in accordance with this Sect[on 8.02, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to review pursuant to Sections 8.04 and 8.05. 8.03 Requirement for Written Notice of Claim Denial. The Plan Administrator shall provide a written notice to every claimant who is denied a claim for benefits under this Article. Such written notice shall set forth in a manner calculated to be understood by the claimant, the following information: (a) The specific reason or reasons for the denial; (b) Specific reference to pertinent Plan provisions on which the denial is based; (c) A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material is necessary; and (d) An explanation of the Plan's claim review procedure. 8.04 Right to Request Hearing on Benefit Denial. Within 180 days after the receipt by the claimant of written notification of the denial (in whole or in part) of his claim, the claimant or his duly authorized representative may make a written application to the Plan Administrator, in person or by certified mail, postage prepaid, to be afforded a review of such denial; may review pertinent documents; and may submit issues and comments in writing. 8.05 Disposition of Disputed Claims. Upon receipt of a request for review, the Plan Administrator Shall make a prompt decision on the review matter. The decision on such review shall be written in a manner calculated to be understood by the claimant and shall include specific reasons for the decision, specific references to the pertinent plan or insurance policy provisions on which the decision was based, and a description of any voluntary appeal procedures offered by the Plan. The decision upon review shall be made not later that Sixty (60) days after the Plan Administrator's receipt of a request for a review. ARTICLE IX AMENDMENT OR TERMINATION OF PLAN 9.01 Permanency. While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future business contingencies, permanency of the Plan will be subject to the Employer's right to amend or terminate the Plan, as provided in Sections 9.02 and 9.03, below. Nothing in this Plan is intended to be or shall be construed to entitle any Participant, retired or otherwise, to vested or nonterminable benefits. 9.02 Employer's Right to Amend. The Employer reserves the right to amend the Plan at any time and from time-to-time, and retroactively, if deemed necessary or appropriate to meet the requirements of Code Section 125, or any similar provisions of subsequent revenue or other laws, to modify or amend in whole or in part any or all of the provisions of the Ptan. All amendments shall be made in writing and shall be approved by the Board of Directors (or a duly authorized officer of the Employer) in accordance with its normal procedures for transacting business. Such amendments may apply retroactively or prospectively. Each Benefit Plan or Policy shall be amended in accordance with the terms specified therein, or, if no amendment procedure is prescribed, in accordance with this section. Any amendment made by the Employer shall be deemed to be approved and adopted by any Affiliated Employer. 9.03 Employer's Right to Terminate. The Employer reserves the right to discontinue or terminate the Plan without preiudice at any time and for any reason without prior notice. Such decision to terminate the Plan shall be made in writing and shall be approved by the BOard of Directors (or a duly authorized officer of the Employer) in accordance with its normal procedures for transacting business. Affiliated Employers may withdraw from participation in the plan, but may not terminate it. ~ 9.04 Determination of Effective Date of Amendment or Termination, Any such amendment, discontinuance or ~ termination shall be effective as of such date as the Employer shall determine. Subject to Sections 4.04(a) and 4.05(a) (if applicable), no amendment, discontinuance or termination shall allow the return to any Employer of any Reimbursement Account balance nor its use for any purpose other than for the exclusive benefit of the Participants and their beneficiaries. ARTICLE X GENERAL PROVISIONS 10.01 Not an Employment Contract. Neither this Plan nor any action taken with respect to it shall confer upon any person >. the right to continue employment with any EmploYer. ~ 10.02 Applicable Laws. The provisions of the Plan shall be construed, administered and enforced according to applicable ~ Federal law and the laws of the State of the principal place of business of the Employer to the extent not preempted. , 10.17 FoHelture of Unclaimed Reimbursement Account Benefits. Any Reimbursement Account benefit payments that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Health or Dependent Care Expense was incurred shall be forfeited. ARTICLE Xl CONTINUATION COVERAGE UNDER COBRA The following provisions shall be applicable to the Medical Care Expense Reimbursement Plan, and any other group health plan (as defined by Code Sections 4980B and 5000(b)(1) and the regulations promulgated thereunder) subject to COBRA that does not otherwise contain COBRA provisions, As noted in Section 11.05, COBRA coverage need not be extended to certain Health Care Expense Account Participants. The intent of this Article is to extend continuation rights required by COBRA. To the extent greater rights are provided for hereunder, this Article shall be void, 11,01 Continuation Coverage after Termination of Normal Participation. During any Plan Year during which the Employer is subject to Code Section 4980B, each person who is a Qualified Beneficiary shall have the right to elect to continue coverage under the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA) upon the occurrence of a Qualifying Event that would otherwise result in such person losing coverage hereunder. Such extended coverage under the plan is known as "Continuation Coverage". 11.02 Who Is a "Qualified Beneficiary". A "Qualified Beneficiary" is any person who is, as of the day before a Qualifying Event: (a) an Employee of the Employer (including persons who are considered to be "employees" within Code Sec. 401(c), directors and independent contractors) covered under a health plan offered under the Plan as of such day (such persons are called "Covered Employees"), (b) the Spouse of the Covered Employee, or (c) a Dependent of the Covered Employee. A Covered Employee can be a Qualified Beneficiary only if the Qualifying Event consists of termination of employment (for any reason other that gross misconduct) or reduction of hours of the Covered Employee's employment. A child born to or placed for adoption with a Covered Employee during Continuation Coverage will also be a Qualified Beneficiary. A retiree or other former Employee actively participating in the Plan by reason of a previous period of employment will be treated as a "Qualified Beneficiary ". 11.03 Who Is not a "Qualified Beneficiary". A person is not a Qualified Beneficiary if, as of such day, either the individual is covered under the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA) by virtue of the election of Continuation Coverage by another person and is not already a Qualified Beneficiary by reason of a prior Qualifying Event, or is entitled to Medicare coverage under Title )(VIII of the Social Security Act. Furthermore, an individual who fails to elect Continuation Coverage within the election period provided in Section 11.07, below, shall not be considered to be a Qualified Beneficiary. ~ 11.04 What Is a "Qualifying Event". Any of the following shall be considered as a "Qualifying Event": (a) death of a Covered Employee; or (b) termination (other than by reason of gross misconduct) of the Covered Employee's employment Or reduction of hours of employment; or (c) divorce or legal separation of a Covered Employee's spouse; or (d) a Covered Employee's becoming entitled to receive Medicare benefits under Title XVIII of the Social Security Act; or (e) a dependent child of a Covered Employee ceasing to be a Dependent. In the case of any person treated as a "Covered Employee" but who is not a common-law employee, termination of "employment" means termination of the relationship that originally gave rise to eligibility to participate in the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA). 11,05 COBRA Not Applicable to Certain Health Care Expense Account Participants. In accordance with IRS regulations, COBRA continuation coverages will nOt be offered to Medical Care Expense Account Plan participants under certain circumstances: (a) Unavailability of COBRA In Plan Year in Which Qualifying Event Occurs, COBRA continuation coverage will not be offered to a Qualified Beneficiary in the Plan Year in whiCh the Qualifying Event occurred if: (1) Conditions in 11.05(b) are Satisfied. The Medical Care Expense Account Plan satisfies the conditions set forth in Section 11.05(b); and (2) Health Care Expense Account has a Deficit at the Time of the Qualifying Event, Taking into account all claims submiffed on or before the date of the Qualifying Event, the Qualified Beneficiary's remaining Medical Care Expense Account balance for the Plan Year is less than the maximum required COBRA premiums for the rest of the year (i.e., the Medical Care Expense Account is in a deficit position). Unavailability of COBRA In Subsequent Plan Years. COBRA continuation will not be offered to a Medical Care Expense Account Participant in any Plan Year following the Plan Year in which the Qualifying Event occurs (thus even if COBRA is offered for the year in which the qualifying event occurs, the COBRA coverage will cease at the end of the year and cannot be continued for the next plan year); (1) Health FSA Is Exempt from HIPAA. The Medical Care Expense account is exempt from HIPAA (i.e., a major medical plan is available in addition to the Medical Care Expense Account, and the Medical Care Expense Account benefit does not exceed two times the salary redirection or, if greater, the salary redirections plus $500); and (2) COBRA Premiums Equals or Exceeds Medical Care Expense Account Benefit, If for the plan year in which the Qualifying Event occurs, the maximum amount the Qualified Beneficiary could be required to pay for a full year of Medical Care Expense Account COBRA coverage equals or exceeds the maximum benefit available to the ~ Qualified Beneficiary for the plan year, ~ The Plan Administrator will notify Medical Care Expense Account Participants as to their COBRA eligibility (if any). ADOPTION AGREEMENT FOR: CITY OF DELRAY BEACH FLEXIBLE BENEFITS PLAN ESTABLISHMENT OF THI~ PI.AN The Employer named below established as set forth herein, a Flexible Benefits Plan (the "Plan") as of the Effective Date consisting of this Adoption Agreement, the Plan Document and the Benefit Plans and Policies specifically referred to herein including the Dependent Care Expense Reimbursement Plan and/or a Medical Care Expense Reimbursement Plan. The purpose of the Flexible Benefits Plan is to provide eligible employees a choice between cash and the specified welfare benefits described in this Adoption Agreement, Pre-tax premium elections under the Plan are intended to qualify for the exclusion from income provided in Section 125 of the Internal Revenue Code of 1986, EMPLOYER INFORMATION 1) Name and Address of Employer/ CITY OF DELRAY BEACH Plan Administrator: 2) Employer's Telephone Number: 3) Employer's Federal Tax ID Number: 4) 125 Start Date: 5) Effective Date of the Plan: 6) L~ist Day of the Plan Year: Subsequent Plan Years: 7) Name and Address of the Plan Service Provider: s) 9) Name and Title of Registered Agent for Service of Legal Process: JOSEPH SAFFORD 100 NW 1ST AVE DELRAY BEACH, FL 33~.~ (561) 243-7116 59-6000308 08101102 08/01102 02/28/03 03101-02/29 CLAIMS PROCESSOR: FLEX ONE 1932 V~fNNTON ROAD COLUMBUS, GA 31999 SUSAN RUBY CITY ATTORNEY Affiliated Employers which will Participate in the Plan: aim 1 EMPLOYER'S ACKNOWLEDGMENT As evidenced by the formal execution of this Adoption Agreement, the undersigned Employer adopted and established this Plan on the Effective Date as the Flexible Benefits Plan of the undersigned Employer. In doing so, the undersigned Employer acknowledges that this Adoption Agreement an..d this Plan ara important legal instruments with significant legal and tax implications. The Employer also acknowledges that it has read this Adoption Agreement and the Plan in their entirety, has consulted independent legal and tax counsel other than representatives of American Family Life Assurance Company of Columbus (AFt-ACe), to the extent considered necessary, and accepts full responsibility for participation of employees hereunder and the operation of the Plan~ The Employer acknowledges that as Plan SpOnsor and the Plan Administrator, it shall have sole responsibility to comply with all filing, reporting and disclosura requirements imposed by the Department of Labor, Internal Revenue Service, or any other government agency, specifically including, but not limited to, craating and filing Form 5500s and preparing and distributing Summary Plan Descriptions. Furthermore, the Employer further acknowledges that it shall bear sole responsibility for amending the Plan as necessary to ensure compliance with applicable tax, labor, and other laws and regulations. Employer acknowledges receipt of the checklist of Plan Sponsor Responsibilities included in the Plan Document Request form and has agreed to the obligations set forth therein. It is also understood and agreed that American Family Life Assurance Company of Columbus (AFLAC) and its Subsidiaries, agents, and representatives, ara not providing legal or tax advice to the undersigned Employer in connection with this Plan and that no representations, are made by it with respect to the operation of the Flexible Benefits Plan pursuant to the sample documents provided by Amedcan Family Life Assurance Company of Columbus (AFl_AC) to the Employer. This Plan shall be construed and enfomed according to the internal Revenue Code of 1986, as amended from time to time, the applicable regulations thereto and the laws of the State of the principal place of business of the Employer. IN W?~N~ESS WHEREOF, the Employer has caused this Plan and Adoption Agreement to be executed on the day of , ....,-~,J.~ 7~ to ratify the adoption of the Plan adopted and effective as of the Effective Date. WITNESS: Co~Officar To: David T. Harden, City Manager From: Joseph M. Safford, Finance Director Date: April 10, 2002 Subject: Emulovee Benefit Plan Dgsi~n As previously discussed, the City of Delray Beach is presently designing a package of voluntary benefits to be offered to employees. If an employee is required by the Internal Revenue Service (IRS) to elect either pre-tax or post-tax benefits, i.e. during an annual enrollment process, the benefits will have to be incorporated into a Section 125 Cafeteria Plan. If the employees are not allowed, by IRS regulation, to make an election to receive a benefit pre-tax or post-tax, these additional benefits will be provided outside the Section 125 Cafeteria Plan. Therefore, to summarize the various benefits to be provided in our new package, we would offer the following: Section 125 Cafeteria (Flexible Benefit) PInn Employee will be given a one-time per year election to choose the following benefits either pre-tax or post-tax. Employee must maintain their election for the entire plan year unless there is a qualifying event which would allow a change in their election. a Grouo (Deoendent) Medical lns~rance plo. (Code Section 105 and 106) Premium Only Plan (POP) This plan allows employees to make an annual election to make premium payments to the Cigna group health plan with pre-tax dollars (or after-tax dollars) for deoendent health insurance premiums. a Groun Dental/Vision Insurance Plan (Code Section 105 and 106) Premium Only Plan (POP) This plan allows employees to make an annual election to make premium payments to the City's dental/vision group plan with pre-tax dollars (or after-tax dollars) for employee and dependent dental and vision insurance premiums. · Personal Cancer Care ProteCtor Insurance pla. (Code Section 105 and 106) Premium Only Plan (POP) This plan allows employees to make an annual election to make premium payments to the AFLAC Personal Cancer Protector Plan with pre-tax dollars (or after-tax dollars) for employee and dependent cancer expense insurance premiums. Personal RecoverT Plus Insurance plan (Code Section 105 and 106) Premium Only Plan (POP) This plan allows employees to make an annual election to make premium payments to the AFLAC Personal Recovery Plus Plan with pre-tax dollars (or after-tax dollars) for employee and dependent heart attack, stroke, coronary artery bypass surgery, paralysis, major burns, coma, end-stage renal failure, and major organ transplant expense insurance premiums. Personal Voluntary IndemniW Plnn (Code Section 105 and 106) Premium Only Plan (POP) This plan allows employees to make an annual election to make premium payments to the .~FLAC Personal ¥oluntary Indenmity Plan with pre-tax dollars (or after-tax dollars) for employee and dependent hospital confinement, surgery, rehabilitation, heart attack, stroke, coma, paralysis, ambulance, etc. expense insurance premiums. Personal Accident Expense Plnn (Code Section 105 and 106) PremiuTM Only Plan (POP) This plan allows employees to make an annual election to make premium payments to the -A~'LAC Personal Accident Expense Plan with pre-tax dollars (or after-tax dollars) for employee and dependent accident emergency treatment, follow-up treatment, hospitalization, hospital confinement, intensive care confinement, physical therapy, prosthesis benefit and appliance benefit, blood and plasma, ambulance, transportation, family lodging, and wellness benefit expense insurance premiums. Medical Flexible Soendin~ Arraneememn (PSA Plan) This plan (COde Section 105 and 106) allows employees to set aside funds to use pre-tax dollars to reimburse medical, dental, optical care, deductibles, co-pays, and prescription drug costs not covered by insurance. Unused amounts are forfeited at year-end. Deoendent Care Flexible SoendinR Arrannement (PSA Plan) This plan (COde Section 129) allows employees to set aside funds (up to a maximum of $5,000, or $2,500 if married filing separately) to use pre-tax dollars to reimburse dependent care expenses. This benefit can only be used if both spouses are working on a daily basis. If either the employee or spouse is not working on a daily basis, then you are not eligible for reimbursement. The intent of this benefit is to allow both parents to work. Dependent care includes: 1. Care for a child under the age of 13 (age 12 or under) for whom you are entitled to receive a personal tax exemption as a dependent or 2. Care for a spouse or other tax dependent, age 13 or over, incapable of caring for him/herself and living with the employee 3. Household-related servicos (i.e. visiting nurse) Unused amounts are forfeited at year-end It should be noted that all Section 125 Cafeteria Plan benefits are elections by the employee, are at employee cost, and are at no cost to the Employer. O~herBenefit Fians (Not Section 12SFiexibleBeneflt Plan) ' _.Life Assurance (Various perSonal Life Insurance Policies and Riders) Premium Only Plans (POP) This plan allows employees to choose among several AFLAC term and whole life insurance policies and riders and to make premium payments to AFLAC with post-tax contributions. By paying the premiums post-tax, any life insurance benefit payment would be received tax-flee to the beneficiary. · Section 529 Hi~,her Education Exnense Plan This plan allow~ an employee to deposit vost-tax contributions to a fund, invested at the option and control of the employee, for use on higher education costs (tuition, books, housing, etc.) on a tax-free basis. Funds remain under control and ownership of employee which is important for a dependent or grandchild applying for a scholarship or grant since these are not included in the assets of that individual. Employee can change the recipient or beneficiary at any time. · ICMA VantaneCare Retiree Health Savines Pla a This plan allows an employee to deposit accumulated sick and vacation time prior to retirement pre-tax and use, following retirement, for medical premiums or other medical costs not paid by insurance on a tax-free basis. * _Retiree Financial Plannin~ Servic~ This Plannifig service is proposed for employees within 5 years of retirement and will include the following topics: 1. Retirement Planning 2. Estate Planning 3. Insurance Coverage 4. Cash Flow and Debt Management 5. Portfolio Management 6. Education Planning These financial planning services are provided at no-chargu to the employee. It is extremely important to get the Section 125 Cafeteria Plan document in place and approved by the City commission since we have existing benefits in place pre-tax without this document. This is an IRS regulation and includes the filing of 5500 tax forms. If this overall benefit package meets with your approval, we will proceed with the Section 125 Cafeteria Plan document design by AFLAC as well as the documentation of the non-Section 125 benefits. These final documents will be presented to you for submission to the City Commission for a final approval process. It would be recommended that we set up a meeting as soon as possible with Ned Gusty and Susan Ruby regarding the question of what employee groups will be offered these benefits. Cc~ Ned Gusty, Human Resources Director Susan Ruby, City Attorney MEMORANDUM TO: MAYOR AND CITY COlVllVESSIONERS FROM: ~CITYMANAGER sus cr: # OF rO Y 2. 2002 3,,La2q'AGEMt!NT ADVISORY BOARD DATE: JUNE 28, 2002 The term for Ronald Radabaugh, representative for the Chamber of Commerce will expire on August l, 2002. Mr. Radabaugh is eligible and would like to be considered for reappomtment. Please see attached letter from Mr. Bill Wood, Chamber of Commerce. The term is for two years ending August 1, 2004. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA) as well as all public parking areas located along State Road AIA within the corporate limits of the City. Recommend City Commission approve and ratify the reappointment of Mr. Radabaugh, representative for the Chamber of Commerce for a two year term ending August 1, 2004. Board commission toe. mo ?MAB 07-02-02 COMMERCE PAGE 81 86/_87_88- 13:44 5612788555 DB CHAMBER OREA'I"EIt DELRAY BEACH C~mbec of Comm~rc~ June 7, 2002 Kare~x Schell City of Delray Beach Office of City Clerk 100 N-W 1'~ Avenue Delray Beach FL 33444 Dear Karen: It is with great pleasure that I submit for re-appointment; the GJ applicant for the Parking Management Advisory Committee, Ron We believe Ron's experience as a member of this commit~.ee and issues related to parki~g in our downtown make him a v~lluable Thanks to the City Com~r~issioners for their consideratior~. Sincerely, William J- Wood Presidet~t cc: Ron Radabaugh Na~,cy Reagm'~ , Greater DeIray Beach Chamber of Cornmerce, 64 SE 5th Ave. , Delray B:ach FL ¢~amb~...~..~lL~rt~each.co~xa , www.delra beach.con%~ ~ ~elray Beach Char0I ~er's :adabaugh. knowledge of th~ 3ource. 278-0424 FAX 2~8-0555 ~ , ~EMORANDUM TO:, MAYOR AND CITY GOMMISSIONERS FROI~ ~(~TYMANAGER SUBJECT: AGENDA ITEM~-T_- REG~ MEETING OF ?ULY 2. 2002 APPOINTMENTS TO DELRAY BEACH HOUSING AUTHORITY DATE: JUNE 28, 2002 The terms for Alfred Etienne, Dawn G~,:~;,etta and Yvonne Wxlson will expire on July 14, 2002. All three members have fulfilled an unexpired term, are eligible and would like to be considered for reappointrnent. The term is for four years, ending July 14, 2006. Per statute, an appointee may not be an officer or employee of the City. Further, each housing anthority must have at least one m_ember who is a resident, current in rent, of the housing project or a person of low or verylow income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority. There is a resident member currently serving on the Housing Authority. The following have submitted applications for consideration: Joseph Bemadel Gineger Eisem'od Alfred Etienne Joe Farkas Philip Friedman Dawn Guzzetta Ilse Nathan Wdlie Ports GaryRosen Yvonne Wilson (incumbent) (also applying for Historic Preservation and Planning & Zoning) (also applying for Historic Preservation) (incumbent) (currently servlng as an alternate for Board of Adjustment) (incu nt) A check for code violatiom and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Willie Ports. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Homing Authority appointees. Based on this system, the recommendation/appointment will be made by Commlssioner Perlman (Seat # 1), Commissioner Archer (Seat # 2), and Commissioner Levinson (Seat # 3). Recommend appointment of three (3) reg,,hr member to the Delray Beach Housing Authority to a four (4) year term ending July 14, 2006. Bom'd commission memo dbha 0%02-02 BOARD MEMBER APPLICATION Igg3 Plcas~ ~.'pe or print the following information,: I 2. Home Ad'mss: ~ 3. Legal ~sid~cc City i4. Principal Busineslfiddress: ,:5' HomePhone:,4~l '~. What Board(s) are you interested lll~sep~lnlt? I / ~'~{i'C~E/~oards on which you ~ eu~:ly~crvln$ oy have prevloasly ,em~:' (Please f State Zip Code~ StaLe Zip Code State Zip Code Li':t any rvlared professional Certifications and licenses which you held: _ ,, _.___5,.eg-.5.._.,t~_~__.cat ~ ,gl $r include da:es) 8. F.d,,calional ~ualifications:/. · I0. Give )our p~sem, or most recent employ._er. ~,[~d position: : ~ibe experiences, skills or kno~ge which ~al~ you to s~e on ~is bo~; (Ple~e ~ch a brief resume) '-' .I I her~b--~ certify ~hat afl the above statemen~ are true, and I agree and understand that any O~aPp~?tement of ma~e[ia[ facts contained tn ['his application mag cause ~elture upon my pa~ ~ ~ote: TNs nppU~n~on ~1 rem~ on ~e in ~e Ci~' Cf~'~ O~ee fm a ~fi~ of 2 y~s ~rom ~e d~te i~ ~'J subml~cd. It wi~ be ~e ~lle~t ~ ~spons~bwty to ~sure ~t n c~em npp~c~fion is ~ file. FEB 0 ~ ~I b-/3 /~&~ GITY CLERK JOSEPH M. BERNADEL 2901 CL1NT MOORE ROADi SUITE 158 BOCA RATON, FLORIDA'33496 Telephone 561 883-3457; Fax 561 883-5465 E-mail: haitimuseum@~aol.com: Website: www.sakpase:net OBJEC'nVE To promote education and fadlitate dialogue on cross-cultural Issues, race reconciliation, diversity and leadership among residents of our South Florida ' community. SUMMARY OF EXPEP3ENCE Leadership expeflence as a U.S, Army Officer in increasingly responsible and sensitive positions !n The United.States, Afdca, Asia, Central Amedca and: the Caribbean for 22 years, with three years active duty on the Army Staff at the Pentagon. Professional expeflence as a Senior M!litary Instructor with emphasis on PerformanCe Odented Training in field and dassroom environment. Expeflence with all aspects of curricUlum development, design and delivery of hundreds of hours of insLruction. Global competence as a US Hilitary Attach~ (soldier-diplomat) in three foreign countries; acquired conceptual and practical knoWledge of G/obal/$m aS comprising worldwide systems of contemporaneously influentia! events, options and constraints: the human activity happening around the globe is Interconnected and interdependent. Extensive international trevels.and fluency. In five languages: French, Spanish, Portuguese, Haitian-Creole, and English. Prudential Youth Leadership National Trainer; received this highly regarded certification by the Points of Light Foundation. · Anti-Defamation League (ADL) Dialogue Fadlitator; a $1.3 Million grant awarded to ADL by the Quantum Foundation of Palm Beach County underwrote the drive tc train teachers and studentslof Palm Beach County schools in anti- bias and an~d-dlscrlmlnation skills. Extensive Community Service commitment in Palm Beach County. Non-Profit management and grant wilting experience, as CEO of a Multicultural, not4or- profit Center. Advocate for Education and Social Justice. B~'OGRAPHY Personal: 3 year resident of Paln."Beach County; Married 14 years to Victoria; two children ae Graduate studies In Latin Amedcan Studies with a concentration In Caribbean politics. University of Flodda, Ga~nesville, Flodda.~ Successfully defended thesis (1992), be Bachelor In Sciences In Business Administration, Hawaii Pacific University, Honolulu Hawaii (1984) Professional acoomolishments: Founder and Co-Director of the Toussalnt Louverture Arts for Social Justice High School, a Charter schOOl Scheduled to open In Delray Beach in August 2001. Founder and President of the National Haitian Coalition, Inc. a not for profit organization dedicated to bringing tOgether the more than z00000 Haitian residents of South Florida. (2000) Founder and President of the .IODI Training Institute, Inc. a training and management consultancy operating in Florida. (2000) Founder and Vice-President of the Center for Training, Education and Holistic Approaches, Inc (CE-FHA, Znc), anon-profit 50! c (3) organlzaUon dedicated to the training and edUcation of residents of Palm Beach CoUnty, using a whole person (holistic) approach (2000). Founder and President of the Haiti Museum of Arts and Culture, scheduled to open in Delray Beach in 2004 as part of the Bi-centennial celebration of Haiti independence. (1999) CEO and Board president of the Milagro Center, a 501 (c) 3 Rorida organization dedicated to community development thru artistic endeavors (1999- 2000) Graduate of Focu~leadersh/p Pa//. 8each County, an Intensive educational program devoted to teachingabout the community issUes, problems and how the county functions (1999).. Trainer in Drug Prevention and Drug Demand Reduction curriculum, with extensive knowledge on how to develop and sustain an action plan for a community anti-drug coalition (1992). Participant at the State of the Wodd Forum (Octl-6. 1999) In San Francl~o, a gathering of active worldwide community leaders supporting one anothr:r in their ongoing efforts to envision and create a compassionate and sustainable global dvilization. 2 Corm)rate involvement: 1~t Vice-President for Government/CommunitY relations, Delray Beach Merchants Association, a consortium of minoritY merchants seeking a VOice in the development projects of Delray Beach West Atlantic Ave. (i999). Member, Delray Beach Chamber of Commerce (1999). · Member, Steedng Committee of the Delray Beach Downtown Business District Plan (2000). CommunK'v Service: Director, Lake Worth CommunitY Development CorporaUon (1999). · Director, World Centers of Compassion for Children, an Initiative of Nobel Peace Laureate Betty William to help orphans children worldwide (2000). · Treasurer and Parliamentarian, Palm Beach CountY Charter School Nliance, a lobbying groUp promoting the Interests and issues affecting Charter SchOOlS In Palm Beach County (2001). Member, Palm Beach CountY School Disbict, Executive Committee of the Multicultural Task Force; charged with the development of.the Haitian- American Curriculum to be taught in all Palm Beach CountY schools (2000). Member, Palm Beach CountY School Disbict, Safe Schools Task Force, dedicated to seeking new ways to maintain our kids and SChools safe from violence (2000). · Member, FAU-Quantum Foundation Uteracy Project, aiming to bring literacy to Haitian Immigrants residing in Palm Beach County (2000). · Member, FAt symposium on ,rdentity, Exile and/.figratton: Caribbean Culture and,4rts in .~outh F/o/ida, to be held in Harch 2001. Member, Advisory Board of the Haitian-American Edqcators Coalition, an advocacy group examining issues affecting Haitian students in Palm Beach CountY (2000). Member, Haitian Studies Association, a University of Massachusetts/Boston' organiZation dedicated to the Pmmobon of academic research on Haiti and Haitian issues both from a disdplinary and Interdisciplinary perspectives (2000). · Member, KIWANIS Oub of Delray, a communitY service organization (1999). · Member, Palm Beach CountY Cultural Council, Friends of Multiculturalism. A support group for multicultural events In the county (2001). Hember, Host Committee at the Norton Huseum during the ]acob Lawrence Tou~alnt Louve~ture series exhibit (2000).:. · Moderator, Colloquium on Outsider Arts, The Levenger forum in Delray Beach - A Palm Beach County Cultural Council sponsored event, (2000) · Hember, Community Chat of Delray Beach,.a community group dedicated to seeking, among other goals, peaceful solution to the conflicts between HaiUans and African-American yoUth (2000). · 'Co-Host, B/ac/~ on 8facf. ne~, a fadlltated panel discussion with audience participation discussing similarities and.differences ah~ong people of color and what it means to be Black (1'999). · Team member of Citizens Emergency Response Team (CERT) of Boca Raton, a team of volunteer citizens paramedics organized to Support Fire and Rescue authorities dudng periods of local emergendes (1999 - present)'. · Graduate of Citizen Police Academy of Boca Raton, an Zl-week educational program designed to fami!iadze citizens of Boca Raton with the internal ' workings of the Police Dept. and emergency services. Recent SDealdna enaaaementslDresentati(~l?s: · ]upiter High School, Peer trainers (10t~ and 11= graders) · Ughthouse Elementary, Teachers (all grades) · Indian Pines Elementary, Teachers (all grades) · Galaxy Elementary, Teachers (all grades) · Palm Beach County Health Care District, Supervisors and Staff · Comprehensive Aids Program (CAP), Supervisors and staff · Fellowship for Ethical Humanism, Hembers and Guests · Abbey Delray Men Club, Hembers and Guests 4 B°ARD MEMBER APPLICATION 1993 2001 Please type o~ pzint the £ollowinR inform,lion: Z Home Ad.ess: S~ 3. ~ Re~&nce: ~ S~te ~p C~e 4. ~dp~ ~u~ess Ad~: ~ S~ ~p Code 5. Home ~fio~e: ~sbess ~oae: [-M~ Ad.ess: C~ ~boae: [~: ~. Are you a te~steted votez? ~ ~ If so, where ~e you te~steted? ~OC ~ 7. ~at Bo~d{s) ~e you ~t~ested ~ se~g? Pi~se hst ~ ~der ofpref~ce: 8. ~st ~ Ci~' ~o~ds on w~ch you ~e ~endy =~g ot ~ve p~5oas~' s~ed: ~]ease ~dode ~tes) 10. ~t ~y t~ted pzof~ c~ons ~d ~c~s~ w~ch yoa bo]d: ~E~ ES?~E ~lC~ ., C~TiF~D ~ 11. O~e yo~ pzesen~ or most recur ~ploy~, ~d pogdon: 1Z .Des~ ~c~, s~ ~ ~le~e ~ch qu~ you to s~e on ~s b~: ~l~se a~ a ~ef ~s~e) . St~ O~c~ -YouT~ FoR U~Td~P/~6 ~Yc~R~6& P~¢- ~'. I h~y c~0 ~t ~ ~e I~ve s~t~ ~ ~ ~d I ~ ~d ~d~d ~t ~y ~s~t~t of~t~ fmc~ con.ed ~ ~s spp~cafi~ ~y ~use f~fd~e ~ my pm of~y spp°~mt I ~y ~e. Note: This application will remain on file in the Cit7 Clerk's Office foz a period o~l~.~[~te it was submitted. It will be the applicant's xeSponsibility to ensure that a ~nt a~.a't~c;n ~s bn-tile. JUN -~. q'~i CITY CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Plense r),l:,e or pdflt the io"o3~ info,'~.don: 2. Home Address: City Stere _Zip Code ~7 Le~ Residence: '; City Stere Zip Code '4. Principal Business Address: City Stele Zip Code ,5. Home Phone: Business Phone: E-Mail Address: ' Cell Phone: Fax: '7. What BoLrd(s) &re you intereszcd in ser~ing.~ Please list in order of pre£erence: 8. List ~ City Boards on which you are currently sm'lng or h;ve previous¥ served.: (Pleise include dates) ,,~ 9. F.,duca~ional~lullificstions: ~" ~'-~- - ' - ' 10. List an), related professional certitications and licenses which you hold: 11. Give your l~resent, or most recent emvlove~, and posidon: 12. Des=ibc expe~iences, skills or knowledge which quslif~ you to serve on this board: (Plcsse attach I brief resume) ] h~by ce~ rmt.U ~he above st.teme,.s L-e u~e.*-d I .gree and unden~nd eontsined in this application may cause forfeiture upon my pL, t Of Shy Splx~inunent ! may receive. 'Sl2HAUl'RE DATI~ Note: This ,pplication will remain on fie in the City Clerk~t~¥6"~d of 2 years from the d2te it was submitted. It will be the applicant's responsibility to ensure that a cu~ent applic~tlon is on file. JUN 1~ 2002 CITY CLERK 311 Steding Avenue Delray Beach, FL 33444 November 26, 1998 Pat Warren Executive Aseistant Clerk Office 100 NW 1 Avenue Delray Beach, FL 33444 Dear Ms. Warren: I would like to acknowledge with thanks your invitation for my participation on the Planning and Zoning Board.. It immediately Caught my affention because your interest welcomes me to this Democratic Society: To cite some of my wo~$ that would contribute to the Board, I belong to several organizations that help create vital neighborhoodinVolvement. I am an a. ct ve ally to the DelraY B~.. ch Police Departent for~in.g a collaboration, which identifies and solves communfty Problems. Also'as a 'R°v!ng Patrol member, i assume an active role of guardian of law and order enhancing the safety and quality of life in. Delray Beach. I am confident that my life experience and my ability to work well with others qualify mefor this position? After YOu have examined ~e enclosed application, I would be happy to answer any questions about my qualifications. Please Cell me to arrange an interview at YOur convenience so that we can discuss on how I can contribute to the City's Planning and'Zoning Board. Sincerely, Er~sum · DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~pe or print the following information: 2. Home Address: 3. Legal Residence: 4. Principal Business Address: Name City State State State Zip Code Zip Code Zip Code 5. Home Phone: [ Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are [ou a re~stered voter? If so, where ~e you re~stered? 7. ~%at Board(s) ~re you interested ~ sec'mE? Please 5st ~ order ofp~ference: _~./~ a/zT.z~ z r~. ./-// (~-z>~'. /. /'. ~ ' ~..~ ts~//~ -x/~ ,,., ~d'& ,4;-.~. .. List aH Cit7 Board~ on which you a~e cu~enfly serving or have pre,qeusly se,red: ~lease include dates) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. G. ive your present, or most recent employer, ~nd position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby cet~dfy that all the above statements axe true, and'l agree and understand that any misstatement of material facts , contained in this application ri'my cause forfeiture upon my p~U't of my appointment I may receive. (.. t /J---'t'.v / Note: This application will remain on file in thc City Clirk's Office for a period of 2 years from rhe-fla~e,g-,~a submitted. It will be the applicant s responsibility to ensure that a current appiicafio"~ ~<~. V 3-& 1~%c'~- ~-~3 NO¥ 2 9 2001 d'~r~ 4' ~A. AA~k3 Northwest 37th Avenue Delruy ~c~ ~O~de 3~S (~ 499~78 SUMMARy OF OUALWICATION~ · Posiffve 'cea do' I~mde 12/1/92 to present 4/$$to~ H/92 IAsslsUnt Brunch Mantger · Boca (1~8~ to · ~isted h ~ ~e~on~ ~m or b~nch ma~fement I~oater. B~ ~d Palm h~ · ~volved h M~er ~d n~fs hnc~om for branches ~ Br~d and P~ Buch FIRST BANKERS.. Marpte, FL IHud TtlJtr UNF~R$1TY OF TOLI~DO. Toledo, Ob/o Bachelor of BUsineu, 1982 !' .. 1993 DEU~Y, B,E~,CH~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pl~ue ~ infom~o~ No~ tis application wgl rema~ on file in the CJty Clerk's Or, ce for a period of 2 yeah .fro .m ~e &~ k ~ subminecL It wt]l be the applicant's responsib~ty to emure thal'a current at:)plicauon. °n ~le. · RECEIVED ~ -&' ~-'~-/~..-~ APR 2 3 2001 CITY CLERK 05/18/2002 08:-29 5512781774 FQ~4 YACHT SALES PAGE 01 ,06,'17/0;~ ~ION 17:$& F.-~ §~1 243 377! CITY CLERK ",~"'"'~ / ~ CITY OF DELRAY BEACH 1993 * 20~1 RECEIVED JUN 1. f~ 2002 CiTY CLERK 200~ ¢1T~* CL~ItlC · CITY OF DELRAY BEACH 'BOARD MEMBER AppLicATIoN Sate" P~E Ol t~oo2 : l'i. Giv~ ~u~ pte~*~t oz mos/i~c~t ~oyet, end ~d~o~ . REGEIVED JAN 1.6 ~,lTV CLERK NY; 19'/4 to present 19"/4 to 19'96 197~ to 19S~ BA. French $953 to 1957 T.a~dly ~~ Temdly, bU.. Lecmru ~ Woflnbo~ hrem F, chc..io~ F~nder, ?mme~ Ex, cra%ye Dir~0~ ' 1991 to 19~2 Adjunct Professor, Women's C~er CtRTWICAT[ON'S AND LICENSES: N~w York/New Jets¢7' .' New York/New l~ey · . S~¢ o£Mnq, l~nd 'l~ew .Ic~ey MH CoumeJor5 Assochlion Founder. Presidem. Chair No,,~mion/F-lecuous. ' American ~ Co,~eilors As.qoc~on ReSioMI.C~ordinsm~. ltesiOnal P. epreoen~i,~ to Board 'l~'cw Zers~ Proffessional Coun.~orS' ~xecuth, e Board.'~e Comminee Membership, rmndrsisir~ Proi~nt, F. dur~ion Member Member V,'~c,'., '0,'Bo of Amcrlcan Wome0J V,'h,, .. v,'t,o in the lnt .~. -,~i;onal Lcader$ of ~e World ~.,: m' Disord~s ~ciation New ~ersey ~!o~ Cou~o~ R~s~ ' ~mfe.~ior~l Re~ NofiO~l' ~g~ ~ig W~s t~Jue~.: ir, f..~unlsk Fseflch, C, erm~, some lulian. Granl wriling. Travelln_~ exmnsi~ in Europe and Sout~ Am;Nca. WOrMng With.disadvantaged minoriges. C · DELRAY BEACH 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: [ 1. Last Name:: Name Middle Initial ?oC,te, Jr. 2. Home Add~ess: City State Zip Code 636, Au~ler Drive Delra¥ Beach ~ 336,45 3. Legal Residence . ' City '4. P~cip~ Bus~ss Ad.ss: Ci~ ' S~ Zip Code 5. Home Phone: 274-9087 B~iness Phone~74_9087 [ F~:' 6. Whn~ Bon~(s) ~ you interested in 7._ List all Ci~ Boards on which you ~cu~ently se~ing of have p~vi~sT~[e~ed: (Please include dates) 8. Educational qualifications: 9. List any ~lated professional certifications and licenses which you ~91d: ·. I -10. Give your p~sen~ or mo~ ~cent employs, and ~sition: ~otta [a~ ~tntenance i 1. Describe exp~mnces, skdls or knowledge which quah~ you to se~e on th~s board: (Ple~e a~ch a br~f~sume) ~ he.by cenl~ that afl the above sta~emen~ are t~e. and ~ agree and un~e~:and~tha: any misstatement of mate6al fa~ C°ntalne~ In th/s appl/~t/on mag ~use foffe/:ure upon my of an~ppointmeet Z mag fete/ye. RECEIVED ~,~ ~U~. ' JAN OI 2001 /' /-~ I SIGNA~ OA~ CI~ C~ERK Note: This application will remmn on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ,/ DELRAY BEACH' - 1993 2001 - CITY.OF DELRAY BEACH . BOARD MEMBER AppLICATION Please type or print the following iMorm~tion: 1. Last Name: Rosen 2. Home Ad&ess: 817 NW Second Avenu~ Lagal Residence: 4. P~ncipal Business Ad&ess: 1515 N. Federal Hwy. Suite 300 Nme Gary Ci~ Delray Beach City Boca Raton State State State FL SL I, Zip Code 33444 Zip Code Zip Code 33432 Home Phone: ] Business Phone: E-Mail Ad&ess: ]Cell Phone: 330-0099 ] 266-9669 garyrosen0att.ne~ 251-1065 Are you a registered voter? If so, where are you registered? ¥~$ Delrav Beach. FL · \Vhat Board(s) are you interested m serving~ Please fist in order of preference: Planning' & ~.oning, Board bf Adjustment, 'Comm. Redevelopment, Fax: 266-9166 Housing Auth 8. List all Ci~' Boards on which you are currently serving or have previously sen'ed: (Please include dates) City of Boca Raton Zoning Board Of Adjustment - 10 Years 9. Educational qualifications: State University of NY - AA Ohio State University 10. ~stanyrelatedpro~ssionalcemficafionsandhcenseswNchyouhold: Florida Real Estate & Mortgage Broker Licens 11. Givevo~ ~esent, ormostrecente~ployer, andposifion: Ta~Ior Rarketing Group President 12. Descg~ ex~enc~,skillsorknowledgewNch~u~yo%tO!.erveonthisbo~d:~leaseattachab~efresum~ Ten Years of service as a Member ann Chairman of the Boca Raton Zoning Board of Adjustment, Real Estate Developer, Consultant,' Builder. ceni~aw,-~ ~kove stat~,neflu sre u'ue, md I ~ md ~deflmd mat my ~ssut~cnt of material facts I h~eby Note: ms apphc~on wm re~ on ~e ~ ~e Ci. Clerk's Omce for s period of 2 sub. Red. It w~ be ~e a~cant's res~onsib~' to ensue ~at~ c~ent a~phcafion ~s c .. . N0/TT W CITY OLERK / ( ~ 201 WEST PAL.I~a~:; TO pARK ROAD" BOOA RATON, Ft.0F~IDA 33432-3795 ° PHONE: (561) 393'??00 C~ITY HALL · (FOR HF_ARIN(3 IMPAIRED) TDD: (561) 367-7046 SUNOOIM: (561) 922-7700 August 20, 2001 Mr. Gary Rosen 1027 Pepper Ridge Terrace Boca Raton FL 33486 Desr Mr. Rosen: We want to thank you very much for your service as a m~mber of the Zoning Board of Adjushaent over the past ten years. Because of your dedication, Boca Raton is abetter place for all of us. In recognition of your service, please find enclosed our Certificate of Appreciation. We wish you success in your feture endeavors. CRy L~jf enclosure GARY ROSEN 1027 'pefldge Boca Eaton ~ 33486 ' November 12, 2001' Ms. Karen City Of Delray Beach 100 NW 1t Avenue Delray Beach~ Florida 3~ ~.~.~. Re: Advisory Boards & Col~mlttees I have recently moved to Delray Beach having been a resident of Boca Raton for the past fifteen years. While residing in Boca Raton I served as a Member and Chairman oftbe Zoning Board of AdjUatmem for a period often years. I now have an interest in serving as a member of an Advisory Board or Committee for the City Of Delray Beach. Since 19791 have acquked and developed real estate in South Florida, acted as a consultant for various national and regional development firms, and have served as President oftbe Florida Atlantic Builders. Assochtion representing more than one thousand builder and associate members. My preference would be a position with Planning & Zoning, Board of Adjustment, Community Redevelopment Agency Or Housing Autliotit~. I can be reached by rnnil at 817 NW 2~d Avenue, Delray Beach 33~.~., telephone at 251-1065 or via fax at 266-9166. Your comideration on my behalf is appreciated. ( ' '~ ~ GELI~YBEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION l~,l~e t~pe o~ p~int the follo~ 2. Home Ad,ess: /~ '~ 7~*' ~ F-~. c~ .~'~\~-o~ ~. s~ ~c~ 4. ~ B~s Ad~s: ~ "- S~ 6. ~ you a ~t=ed vo~?~ ~ ~ If so. wh~e ~e you ?. ~st Boud(s) ue you ~t~ted M s~ PJuse ~t M ~ of ~f~c~ 8. ~t ~ ~' ~ou~ ~ ~ you ~ ~' s~g ~ ~e ~ous¥ s~ed: 10. ~t ~, :~ted pzofes~o~ c~fions ~d ~c~s~ w~ you h~d: 11. G~e ~o~ presen~ o; most ~c~t ~ploy~, ~d Not~: ~ spplicagon will rennin on Ele in the C, it~ Clerk's Or, ce for · pegod of 2 ~etts ~.~ the date itwu submitted. It ~ be the applicant's tesp0nsibility to ensute ~~Fp~ation is on ~le. jun i.9 200z CITY CLERK MEMORANDUM TO: FROM: I~ SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM # ~- REGULAR. MEETING OF ?tJLY 2.2002 APPOIN'IMENTS TO THE HISTORIC PRESERVATION BOARD DATE: JUNE 28, 2002 The terms for Mary Lou Jamison, James Keavney, Rhonda Sexton, and Donnamarie Sloan will expire on August 31, 2002. Mr. Keavneyhas fulfilled an unexpired term, is eligible and would like to be considered for reappointment. Ms. Sloan has completed one full term and is not interested in being reappointed. Ms. Jamison and Ms. Sexton have completed one full term; both are eligible and would like to be comidered for reappointment. The term is for two years, ending August 31, 2004. To q,,alify for appointment, a person shall be a resident of, own property, own a business or be an officer, director or manager of a business located within the City. In addition, and providing there are applicants, the City Commission shall appoint professional members from the fields of architecture, landscape architecture, history, architectural history, licemed contractor farnilhr with restoration, planning, archaeology, or other historic preservation rehted fields such as design, urban planning, Armrican studies, American civilization or cultural geography. La)persons 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 hy persons who own property within historic districts or whose propertyis individ~Mly listed in the Local Register of Historic Phces. The £onowin§ applicants would like to be considered for appointment. (See Exhibit A check for code viohtions and/or municipal liens was conducted. None were found. Votem' registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Levlnson (Seat # 3), Commissioner McCarthy (Seat # 4), Mayor Schmidt (Seat # 5) and Commissioner ?erlm~ (Seat # 1). Recommend appointment of four (4) members to the I-~toric Preservation Board for a term ending August 31, 2004. EXHIBIT "A" HISTORIC PRESERVATION BOARD APPLICANTS The following individmh have submitted applications for consideration: Shane Ames John Bennett Ron Brito Sarah Brown Daniel Carter Joe Farkas Phlh'p Friedman Leslie Horenburger Mar7 Lou Jamison James Keavney Terry Lessard Ralph Morse Francisco Perez-Azua SamuelResnick Rhonda Sexton Jeffrey Silberstein Jillian Woehlkens (also applying for Site Plan Review and Appearance Board) (also applying for Planning & Zoning) (currently serving on Board of Construction Appeals) (also applying for plann~g & Zoning and Site Plan Review and Appearance Board) (also applying for Planning ~; Zoning and Site Plan Review and Appearance Board) (also applying for Plarm~g & Zoning and Delray Beach Housing Authority) (also applying for DelrayBeach Housing Authority) (currently serving on Site Plan Review and Appearance Board) (currently serving as an altemate on Board of Adjustment) (also applying for Board of Construction Appeals and Site Plan Review and Appearance Board) (inc -d,ellt) (currently serving on Board of Adjustment) (also applying for Board of Adjustment, Planning and Zoning and Site Plan Review and Appearance Board) f!ilff0?/10/01 TUE 15:00 FAX 561 Z43 3'??4 CITY CLERK [~002 ~ l~l~J Cl~ OF DEL~Y BEACH BOARD MEMBER APPLICATION 1993 info~tion: 2. ~°me Ad&css:~0 ~ ~. J.e~ Residence: Pmicit~ B~,,~-,'~_ s Address: ~5. Home Phon~: B~*~ess Pho~: 6..P,..t'e you a ~ei~stcred voter? Code City Stat~ 9~;? (:ode City S~Lte Zip Code If ,o, where Cell Phone: V'g/- ~oz-~/ ,5'~/-~ List: 1City r r~ted pw£essional ceni~c~t~ons ~d l~cc~es which you hold: un,'le~'g~and t~nt any ~s~tement ofmat~'~*l ~ JUt oo, ' ;' DA'I~ -- CITY CLERK WE WELCOME YOLI TO £XP~ERIENCE AMES DF. SIGN INTERNATIONAL Sh=ne Ames, multi-talented, cre~tlve and a Florida licensed Designer and Architect, formed Ames Design Intervarional in 198,5 with his business partner, Maria Dechantsreiter. The rum has enjoyed tremendous success ever since, contr~uting approxim~te!y a /-'//,bn do//ar~ to the industry via the construction of luxurious, single family homes. We were involved in the documented ~ovation of a historic house located in the PROFESSIONAL HISTORIC PARK DISTRICT, Del-Ida Park in Delray Beach, Florida. This gem became the home of our new offices in December 1996. Once completed, it was included in the Delray Beach Historic Society Homes tour. $hane Ames specjaliTcs in very high-end custom designed residences.. His work has been featured in most of the leading architectural magazines such as FLORIDA ~ ~ and PROFESSIONAL BUn.hER, just to name a few. One of the models he designed, *THE XVESTBAY,' won five awards at the coveted 'Pinnacle Award for 1990' ceremony at the Crocker Center in Boca Raton for BF~T' ARCItlTEC"IIJRE, BEST MODEL, BEST INTERIOR DESIGN and BEST lANDSCAPING. Shane's work for Interior Merchandising won the PRISM GOLD AWARD in 199,5 for the midrise, ~ Sanctuairef We are proud that the popuhr national ma~ine, ~ has given us recognition via an unprecedented 20-page coverage on two of our unique single .family residences in the Boca B~tnn area in their Winter 1995 issue (Vol. $, No. 3), a f,~s, mre in their Summer 1997 issue (Vol. 7, No. 2). We were fpamred ~ in the Winter 2000 issue (Vol. 10, No. 4), and recently in the Spring 2001 issue, giving us special prominence via an 18-page article pubtlri~ing two of our homes. Shane and his handpicked staff serve an international clientele who demand the best in dramatic and sophisticamd house design. Shane's impact upon the architectural beauty of South Florida is evidenced by the several thousand residential designs in all the leading and prestigious Yacht, Golf and Tennis Country Club Communities, as well as Oceanfront and Intr~oastal areas. Shane designed the original Sales ~enter in the luxurious St. Andrews Country Club, and continued with cr~arln~ some of the most duplicated and sought- after models named ~AI~I.INGTON,~ 'HAMILTON,~ l~ate, r renamed. ~O~J~BROOIq~ 'MANCHESTER,' 'BARRINGTON,' and 'MANSFIlV.! .D.' Shane designed about every fourth residence in the St. Andrews Country Club. We ~ake you from your initial cons-ltatlon through to the production of architectural plans, detailed interior drawings to securing the highest quality builder best suited to conslmct your home. We are committed to providing personal anenfion to all phases. WE WELCOME YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL IN FLOI~I DA . SANCTUARY, BOCA RATON SUN & SURF CLUB, BOCA RATON ST. ANDREWS cOUNTRY CLUB, BOCA EATON BOCA BATH & TENNIS CLUB, BOCA EATON WOODFIELD COUNTRY CLUB, BOCA RATON WOODFIELD HUNT CLUB, BOCA RATON THE SEASONS~'BOCA EATON BOCA RATON POLO CLUB, BOCA RATON BOCA GROVE PLANTATION, BOCA RATON .. BONIELLO'S ACRES, BOCA RATON LES JARDiN, BOCA EATON LONG LAKE ESTATES, BOCA EATON LE LAC, BOCA EATON BOCAIRE COUNTRY CLUB, BOCA EATON OLDFLORESTA, BOCA RATON BOCA HARINA, BOCA RATON HORSESHOE ACRES, BOCA EATON ENCANTADA, BOCA RATON' FOX LANDING, BOCA RATON ROYAL PALl4 YACHT & COUNTRY CLUB, BOCA RATON ' STONEBRIDGE COUNTRY CLUB, BOCA RATON EAGLE TRACE, CORAL SPRINGS THE HAHLET, DAVIE STONEBROOK ESTATES, DAVIE SUNSHINE RANCHES, DAVIE FOX cHASE, DELRAY BEACH LAS PALHAS, DELRAY BEACH HIZNER COUNTRY CLUB MIZNER's PRESERVE, DELRAY BEACH DELRAY DUNES, DELRAY BEACH DELRAY OCEAN ESTATES DELRAY GOLF & COUNTRY CLUB, DELRAY BEACH DELRAY ESTATES, DELRAY BEACH STONE CREEK RANCH, DELRAY BEACH · SEAGATE, DELRAY BEACH THE HAHLET, DELRAY BEACH TROPIC ISLE, DELRAY BEACH ADDISON RESERVE, DELRAY BEACH BARCELONA ISLES, FORT LAUDERDALE CORAL ISLES, FORT LAUDERDALE DAWSON'S POINT, FORT LAUDERDALE NURHI ISLES, FORT LAUDERDALE ISLES OF PALM, FORT LAUDERDALE SUNRISE KEY, FORT LAUDERDALE EXOTIC ESTATES, FORT LAUDERDALE GREY OAKS GULF STREAH HARBOR BEACH, FLORIDA ~-~,- -HIGHLAND BEACH ROYAL COVE AT BOCA HIGHLANDS, HIGHLAND BEACH HOLLYWOOD OCEAN WALK, HOLLYWOOD BEACH HYPOLUXO ISLAND BALLEN ISLES, JUPITER ,2 JUPITER INLET BAY, JUPITER ANGELFISH CAY, KEY LARGO LANTANA .UGHTHOUSE POINT 'HANALAPAN GOLDEN BEACH, HIAHI PINECREST, HIAHI GABLES, NAPLES' QUAIL WEST, NAPLES QUAIL CREEK, NAPLES ROSEHEAD AT WYNDEHERE ESTATES, NAPLES WlNDSONG HARBOR, NORTH HIAHI BEACH HIDDEN KEY, NORTH PALH BEACH OCEAN RIDGE DUNES OF OCEAN RIDGE, OCEAN RIDGE PALH BEACH HARBOR ISLES, PALl4 BEACH PALH BEACH POLO CLUB, PALl4 BEACH CASA DE HARBELLA, PALH BEACH GARDENS J.D.H. COHHUNITY, PALH BEACH GARDENS FRENCHHAN'S CREEK, PALl4 BEACH GARDENS HIRASOL, PALl4 BEACH GARDENS SAN HICHELE, PAI. H BEACH GARDENS CYPRESS HEAD, PARKLAND IN THE PINES, PARKLAND PINETREE ESTATES, PARKLAND BEL AIRE AT GRAND PALHS, PEHBROKE PINES SUNSHINE ACRES, PLANTATION LONGBOAT KEY, SORASOTA LAUREL OAK, SARASOTA PRESTANCIA, SARASOTA PEBBLE BEACH, SARASOTA SINGER ISLAND WILLOUGHBY COUNTTRY CLUB, STUART STILWELL ISLES PROSPECT PARK, TE(~UESTA EQUESTRIAN CLUB, WELUNGTON WELUNGTON BREAKERS WEST, WEST PALH BEACH EGRET LAKES, WEST PALL4 BEACH WESTON HILLS COUNTRY CLUB, WESTON OTHER STATES THRO~/GHOUTTHE U.S.A. LAHONTAN, CALIFORNIA ASPEN, COLORADO 'BEAVER CREEK, COLORADO DENVER, COLORADO CHICAGO, ILLINOIS ,L'ESPRIT, LA GRANGE, KENTUCKY WARDS POINT WEST, NORTH CAROLINA HARION, OHIO BATAVIA, OHIO CITY OF LAKEWAY, TEXAS VIRGINIA BEACH, VIRGINIA INTERNATIONAL LOCATIONS. FREEPORT, BAHAHAS NASSAU, BANAHAS LYFORD CAY, NEW PROVIDENCE, BAHAHAS · OCEAN CLUB ESTATES, PARADISE ISLAND, GRAND BAHAHAS ST. JOHN, U.S.VIRGIN iSLANDS ST. THOMAS, U.S. VIRGIN ISLANDS CURACAU, NETHERLAND ANTILLES ST. HAANTEN, NETHERLAND ANTILLES WOODBRIDGE, ONTARIO, CANADA QUEENSTOWN, 'NEW ZEALAND LUGANO, SWITZERLAND MONACO, PRINCIPALITY OF MONACO II * COlvll4ERCIAL PROJECTS IN FLORIDA Heal& Spa & Mass~ge Center, Boc~ Pawn A. Stnm-Of-the-An Dental Office F,,,.illt~, Boca Pawn A St~--Of-t,h~-An Veterin~ Clinic, Boc~ Rawn A 34-unit Townhouse Complex in Deerfield Beach 100 O. uadraplex Units in Boca Rewn Affordable Commullal Livillg Fagi]ilies poss~ly ioo~ ted on Disney World Property in Orlando Award winning ~Casa La Brisa' 5-unit Courtyard Town Villas with individual pools in Delray Beach (offAtlantic Avenue) "Sea,.ate,' a 14-unit Town Villa Complex in Delray Beach 12-stor{ Townhouse Condominium Complex in Highland Beach 10-unit, F~ve-Star Condominium, Via Marina Court. rd Townhouses, with docks on the Intracoastal W._t,.~v-~y in Delray Beach Another award winning Multi-Family Bermuda Style Courtyard Townhouses, 'St. George's Landing" in Delray Beach 'Place Des Artsf a 5-story luxu~ Condominium on Hendricks Isle, Fort Lauderdale Two Video Warehouse Concept Stores in Delr~y Beach and West Palm Beach Three ~I-InircolorXpress' B-~,,ty and Hair Salons in ! i~ahthouse Point, Marg'~c and Coral Spr The Amadeus Gourmet Bistro, Pompano Beach Tuscan Wine & Pasta Shoppe, Pompano Beach Two uniquely designed Card Shops, one in Wind Song Harbor, North Miami Beach and the other in Ocean Walk, Hollywood Beach A 5-sto~y Luxury High-Rise named "The Renaissance at The Oceans Edge' in Delmy Beach Architectural Design for many of the ~Aragon' Lman~ Condominiums in Boc~ Ramn Architectural Design of a two-story 4-unit Penthouse at the '"I'oscana~ Luxury Condominium in ~e Sky, Highland Beach Lux'my 2, 3 and 4-stor~ Townhouse Complex Resort, plus custom single family homes in 'Gardem ~t l-Ii~ohland Beach," l-li..o~land Beth EievaIiom and Floor Plan Redesign and Renovation of"The Estuary~ Luxury Townhouses on the Intracoastal Warm'way in Delray Beach Renovating and Redesignin. g an existing Office Building in the heart of Downtown Delray Beach into Luxury Mini-Aparlments. Renovation Design for the Sheraton Four Points Hotel in Pompano Beach Design of Elevations and Floor Layouts for the Hampton Inns Hotel Chain State-Of-the-Art ~'Pearle Vision' Eye Center in Boca Raton, #1 in the nationwide chain A family oriented total Resort Hotel with · Dinner Thealre and Shops designed with conversion to Casino in mind, Orlando Area Renovation of the 'Helen Wilkes Hotel' in West Palm Beach 2 COI¥1VIERCIAL PROJECTS - NATIONAL ~ INTERNATIONAL B~%vaian Resort in uhe Bahamas Unique Bed & Breakfast Concept Resort ~o be marketed n~ionwide 3 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: Middle Initial ~. j~[ kamen: Name_~_o ~-~ C. ~0. 2. Home Address:~ ~..~ State Zip Code 3. Leg~ Residence CiW State Zip Code 4. P~cip~ Bus.ass Ad.ss: Ci~ S~te Zip Code 5. Home Phone: ~ ~ _ ~e ~O Bm~ess Phone: ~] ~ I F~q _~ 6. ~at Bo~(s) ge you inte~sted in ~ing? 7. List all Ciw Boards on which you ~e c~ntly se~ing or have previously sc~: (Ple~e include dines) 8. ~ucational qualifications: 9. List any related professional ce~ifications and licenses which you hold: 10. Give ~ur~ most r~cent employer, and position: 11. Deseri~ experiences, skills or knowledge which q~li~ you to se~e on ~is bo~d: (Pl~e a~ch a brief resume) I hereby ce~l~ that ~ll the above statements are tme. and I agree and unde~tand that any misstatement oF material t~ contained In this aoplic~tion may ~use to~etture upon my s~nm~ - JUL 0 ~ 2000 ~ITY GLERK 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. Jom~ C. W. B~.NNgrr 137 SF. AB]~.z~. AVENUE D~.RAY BEACH, FL 33483-7017 EMPLOYMENT: 1995-present, retired naval officer (Judge Advocate) 1974-1995, naval officer with a variety of assignments, including 6 years in the Pentagon (3 as a Policy Planner) and service on several higher level headquarters staffs 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 COMMUNITY ACTIVITIES: Current: President and Director of Progressive Residents of Delray Vice President, Government Relations and Trustee, Beach Property Owners' Association Member, School Advisory Committee, Atlantic Community High School Member and Volunteer, Atlantic C.H.S. Band Boosters Organization (Pit Crew, Chaperone, & Winter Guard Support) Pas~ Member, Deiray Beach Visions 2010 Steering Committee (& Fundralsing Subcommittee) Member, Delray Beach Tennis Facilities Task Team Member, School Advisory Committee, Roosevelt Community Middle School (1996-1999) I~ROFESSIONAL AFFILIATIONS District of Columbia Bar (Inactive) American Bar Association American Society of International Law U. S. Naval Institute To any Board I would bring my ingrained sense of fairness an respect for appropriate process. I have both academic and practical experience in policy analysis and formulation, as well as extensive experience in applying rules and regulations to specific circumstances. I bring education in economics and law, as well as broad-based general knowledge, to the table, but have no clients whose patronage might require me to recuse myseff from Board actions. As I have no active practice or other business, I do not have to worry about the impacts that the time demands of Board service could have on my livelihood. I understand the different responsibilities of advocates and adjudicators. On several occasions in my naval career I decided cases producing outcomes different from what I personally would have preferred, because that was what the adjudicatory criteria required. My prior participation in various City efforts (including the Tennis Facilities task Force, Visions 2010, and the City Charter review process amply demonstrate my capacity for hard work and my willingness to undertake it. With regard to the l~lannlnff and Zontne Board. I have attended many meetings, · usually gavel to gavel (In 2001, I missed one.). I have spoken for and against individual development proposals and have commented on proposed plans and ordinances. In the course of researching my stands, I have acquired significant familiarity with many aspects of the City's Land Development Regulations (LDRs). On at least four occasions, my suggestions for improvement on proposed plans or LDR amendments have been adopted by the Planning and Zoning Board either in principle or ~ With regard to the Historic Preservation Board. I have also attended numerous meetings from start to finish and have also addressed the Board on various proposals. As the result of preparing for speaking, I have delved into the sections of the LDRs of concern to the Historic Preservation Board. In my capacity as President of PROD I was involved in the meetings concerning the loss of contributing structures in the West Settlers Historic District. My personal interest in local historic preservation is documented by approximately SO pages of original research into q~n!ifying structures in the beach area, which was provided to the City contractor undertaking a survey of the City's historic (but undesignated) buildings. Based on the foregoing, I feel that 1 would be able to hit the ground running, should I be appointed to either Board. Jdn 17 02 09:34a £nterpri~e Contra~tor~ pS/J4/02 FRI 12:13 FAX 561 243 3774 CITY DIL~Y B~CH 1993 2001 ' (S61)~9-03~S CITY OF DELRAY BEACH BOARD MEMBER APPLICATION p.2 l~oo2 . ~-/?.~/ P~se tTpe or p";~c the follo.~ iuf~6ou: mm 3. ~1 R~c~ ~ Su~ ~p C~ 4. ~pnl B~ess Ad~: ' ~ Sure ~ C~ 7. _~at Bo~(s) ~e you ~ter~t~ ~ ~ Please ~t ~ ~der o~te[~ence: 8. ~st ~ ~' BO~ ~ ~ch you m~ ~n~ s~'~g ~ have pt~ous~' s~cd: lO. ~ any tehtcd pxotcs~on~ c~fi~don~ ~d ~c~s~e w~c~ou hold: il. Gwe yow p~s~k o: ~st zcccnt ~pl~, md ~ ~ ~ ap~6on ma~ f~d~e upon my ~ of ~y a~mt ~ ~ ~e. Note: This application will ren~ on ~e in the City Clark's Office for a pe~od oar2 yeats from the date it was submitted. It will be the app]ican*'a responsibility to e~sute that · RECEIVED JUN I 7 2002 CITY CLERK RON BRITO 198 S.E. 27rna VENUE BO YNTON BEACH, FLA. 33435 PERSONAL RESUME ~YORK HISTOR Y: 1965-1979 14 years as a framing and finish carpenter in Riverside, San Bernardino, and Laguna Beach, California. Production framing on several multi- family complexes, housing tracts encompassing slab layout, framing, joisting, trussing, fascia, siding, setting doors, windows, cutting rafters & stairs etc. Eventually started high quality custom finish worlc 7years as carpenter, 2 years as Leadman, S years as Foreman on new residential and commercial projects, as well as some renovation and remodeling. 1979 - 1983 Obtained Building Contractor License / B-388997 Calif. (currently in- active status) still valid thru 4-30-00 Spent S years sub-contracting and running framing, siding, trussing, floor joisting, stair fabrication and installation on multi-family complexes from large contractors. During this time I contracted new single family homes, additions, remodeling, commercial roofs, and commercial tenant improvements. 1983 - 1985 .lob superintendent on custom housing in the Nashville, Tennessee area for 1 year. Sub-contracting framing, trussing, siding Jobs for the next two years. 1986-1989 Obtained General Contractor License / CGC-047369/FLORIDA (Active) FForked at ~'The TownsMpn as PUnch out foreman for l year. F?orked for David .lones Cons~ at Gleneagles, Polo Club as Lead Carpenter. Foreman for 1 year on 32 eight-plex wood frame multi-family duplexes. Constructed custom housing from Manalapan to ~t. Andrews, Boca Raton. Received General Contractor's License in February 1989. 1989-1991 LICENSED GENERAL CONTRACTOR / U.S. V.L 2-01392-91 Went to St. Croix, U.S.V.L after Hurricane Hugo for 5 days to bring supplies and help restore power and water to 'units of condos for a friend. Agreed to come back to restore 2 koases. Acquired General Contractors License in the U.S.V.L in February 1990. Restored 14 residences, 2 commercial buildings and 6 rental units. Also completed renovations in S~ Thomas and St. John on custom homes. Returned to Florida July 2, 1991 and began new additions and remodeling projects. After Hurricane Andrew, opened a field oj~ice in Miami for restoration work. My Miami office completed 16 residential restorations and about 44 roofing projects. 1992-1993 Was asked to take over operations of Falkav Construction and to qualify the company. Although thorough research into Falkav prevented me from qualifying the company, I did bring the Delray Tennis Center to substantial completion in tlme for the Virginia Slims Tournament. Falkav Construction was at that time under contract with the City of Delray Beach for the Tennis Center (2.5 million-dollar contract) and was also engaged in 6 school projects for school districts from Palm Beach County to Dade County. Falkav Construction went into bankruptcy and was dissolved. Currently, my company, Enterprise Contractors Inc. is located at 2210 N. Federal Hwy. Delray Beaci~ I do Custom Homes, Historical Renovations, and Commercial Projects. I do my own estimating, contract negotiations, and am computer literate and familiar with several different estimating and accounting programs. I also run most of my own projects. · am a 30- year carpenter, experienced in material take-offs for jobs, flow chart and scheduling for jobs wltk deadlines and fast track completion. Familiar with AIA contracts & draw requests. I am used to bard work and long hours. I remain teachable with an open mlnd. I believe that a good leader has to first be a good follower. PERSONAL HISTORY I am $2 years old, marriea~ with four children. I'm a high school graduate with 2 years junior college in business management. I have 30 years of construction experience. · hold three different Contractor's licenses: Florida, the U.S. Virgin Islands and California. I am currently applying for a State of Tennessee General Contractor's License. I am an active member of my church (SDs4) where I am a Sabbath (Bible Stud),) teacher for an adult class. I am also on the Church Building and Notal~-n_tl_ng Committee attd a Deacota I am a l$-yeur member of A. A. and active on several committees within (2 yr. Former board member of Crossroads Club). I am the Cludrman of the Construction Board of Appeals for the City of Delray Beach. Two years on Brentwood Hills Home Owner's Archt.!ectural Com~_t_~ee. I own a house in Boynton Beach where my family and I have lived for the last 14 years. · also own prOperty in White House, Tennessee and Delray Beach, Florida. Tennis, surfing, and jogging are my favorite pastimes. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~993 =~ 20~ Add~.: r b~ c~du of & ~,t .ti C. it)' Go.ds off w~m~.h yo~ ere c~.~.,,.'.:' ._w~g ~ bsYe I~e~,iously s~s~ed: (Pleue Lock. de t10..List uy reJaTed ptof.~_~_d ~.1%eat~ons and licenses v~.-i~ you hold: 1 !, youz , · 12. Describe expe~cnce*. ~ki~l, or knowledge v, dzlch qua~ you to se"re on d~is bo~d: (Plea. att~ ~ brief toume) and ~l ~c and zax~-zst~d &st ~ny misstatemmt of ms~e~al ~'~:~ '/~ spp~icntion adll :,,~.~ on =ity Clerk's Of Gce lot · pe..~)d of 2 ~Jears ~om ~he datc it RECEIVED TO NAR - R 2002 EO0~/80/£O S~-ah Brown 218 ~/W 9~ St., Delray Beach. FL 3~ Dcscribe e. xpertenees, skills, or knowledge which qualify you to serve on this [Historic PreservotionJ boor& I am a young professional leader and Delray community member dedicated to Historic Preservation. Delray's rich culture and history are vital to the pmdem growth of our community. As a professional roscarcher and graduate of Historic Studies ~rom thc University of Colorado at Boulder, I have a sincere respect and appreciation for the valuable role history and heritage play in our cornmmgty and am committed to planning for the future while preserving our past. Jo. 2001- July. 2001 Sept. 1993- May 1997 Florida Atlantic University, Bo~a K,~o~. Flm'ids Comple~azl $*,~i~, ~-~-oeoonomics~ md Amm~.an Oovmunent ~mses University of Colorado-Boulder, Boulder, Colorado Backelot of An~, United Sines Histmy-Cold Wa~ Atomic Diplomacy l~not, l~nt~ioiogy. Sci~ific Wtifin8 July 2001- Present Jan. 1999- Sept. 2001 Jan. 1999- Jan. 2001 Florid~ Brite Legislature, West Palm Beec~ Florida l, efbla~tve A~bm~ to House ~odO' L~der · L.ad late~agoa;y Liaison fot · ~ L~iga~v~ i~ill ~ · Desired and developed mmml newdeaer and Legislative l~source · Or~fize and archivo all ma~ers ofrepre~tafive business · Administer day.to-day Ol~r~o~, ofbuslnees office · Sul~vi~ 10 vol~mteers, :2 intents Christopher J. Brown & Associates, Delray Hbtor~c Research $peciabt ~nd Project* Manager · Re~e~ch~sas~e~_ 5 ~ red~volopmont plans · Wrote I-Lis~otic ~ Applications md · Wrote historical conM Hampton Sides, Co.~butor to Out~Jf Mdx~ne · P.~S~bM events, persons, md pi~ for Historical N~'r~ve etttitled: G~vt Soldler. v · N'ew York Times Boot Seller · Subjo~ maffca': P~ific Theater. WWII Sept. Sept. 2000 Pro,nm Developer and C'oordhtator/AmerlCorps*VLSTA Winfl~rop, Marne · State of Ma/ne Honorable Recogn/fion for t~xemplary Serv/ce * l~/~l $10,000 tbrou~ ~ ~ oft~..~* * W/mhrop Youth Counci]-Sph-h of Amer/ca Award re~pi-~t · Reducible for l~.O/a~.....~-~, volmteet~ (30 ~lult~), ~ me~ pmlcipat/on (100+ · Dcvolol~! 10 diff~rem community youth pro~*/z~volv/n8 yo~ VOLUNTEER EXPERIENCE & MANAGEbIENT Jan. Aug. 2000 ~an. 2001- Aug. 2001 Council Member of Maine Corps Council, Ame~Corl~ of Maine, Maine, USA · Corps Couucih m~ advisor/md rapport wuadls of Am~Corps mm~b~rs for AmeriCorps prosrams md its mind.rs in ¢aoh state · Publish~l 6rst ~,,i,,e AmeriCmps memb~ newsle~,t · Org, nized *nd ov~r~w Corp Coundi ~ · Org-,,i-~.d ~md ove~m~ a reooS~fion m~d ~1~ a~vioe for Ma~n~ AmedCorps members ,, Conduc~l ~ai~wid¢ Am~riCorps Pro, am Sm-v~y ~nd As~ssm~ Con.bund w ~olmnc~ r~ruimi~k Imblic l~tions and ~,,,+~i,,~ m"~ies for AmcriCorps m~nbers Palm lh~¢b Photographic Center, Delr, y B~:h, FL A~st. Vol~t~er and Educnflon Coordinator · R~rlli~m~lt Of OV~ !00 Vohlllt~s width ~ mo~th · Supervir~d volm~s for FotoFasioo 2001 ;100 p~ople Offi~ Admiaisu~iou: ~ ~is~ra6o~. ~ours. ~. Awards & Addition~! Ezuerienee 2002 Core lrdiow~btp or PuMic Affab.~: ~ Almmate for mdm~ly r~ed Fetlo~slgp Pro~m Sprit of America 2000: aw~td recipient for Wif~hrop Youth Council- · tern and pare~ ors~u~Jon dedkatod to provid~J8 8lterna~ve ~c~ivifie for teen in mrd m ofM~ne. Dimaor. ~uMication: Co~orado H/.~o~, 1997: ' Fsi Mo~ md Lirt~ Boys Nev~ ~roq~r: ~ ki~ofio~ l~otive M~ubeeabJpf: National Tflm fo~ ~,~stori~ Ptmervnfion, Palm Be~.h Coumy Young D~no~rm~, So,my for Adol~ lkemmroh BouJder Mm or HMory: Intern in obarse of SiR shop, tours, dusit~a dozmion&'contfib~tloos. 1996 Museum or Llfm71c and Fmbion History; Member of tiM Board of TrusteeL AdviJor~ Tusm-2000, 2QQ! CITY OF BELRAY BEACH BOARD MEMBER APPLIeATIOH ~ -- : 1 1 ~Ivc ,'our i~/eati~i. O: most recent emplayet, nd posle, on: RECEIVED NOV ! 3 200! CITY CLERK DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please ~ ot pfiat the followint~ info,mation: 2. Home Address: 3. ~ Residence: 4. Principal Business Adckess: Nme State Zip Code State Zip Code State Zip Code 5. Home Phone: [ Business Phone: E-Mail Address: Cell Phone: I Fax: 6. Are~ y, ou ~ ~egiste~ed vote~? If so. where ~Xe you ~egiste~ed? 7. What Board(s) are you imerested in serving? Please list in order of preference: List all E~ Bozrds' on which you a~e currently serving or have previously served: (Please include dates) F...ducafional qualifications: 10. List any related professional certifications and licenses which you hold: 11. G. ive your present, o~ most ~ecent employex, and position: 12. Descxibe ezperiences, sl~;ll, or knowledge which Cl,,alif~ you to serve on this boar& (Please attach a brief resume) · m~ts'ri.1 faCtS I hexeby certify that all file above statememz are ~'ue; and I agree and understand that any misstatement of contained in this application may cause forfeiture Upon my pan of any appointment I may receive. ~R~NATORE DATE Note: ~ application will remain on file in the City Cl-rk's Office fox a pexiod of 2 years~o~tt, b~-~~ aubmitted. It will be the applicant's responsibility to ensure that a cun, v. at applicaf6i~fdO., w ~-- NOV 9 2001 CLERK f ?~'; NortMvest 37th Avenue Delmy Beach, Florfda 3344S (407) 499-~$78 SUMMARY OF OUALIFICATION,q ! · Posil~ve 'can do' a~tude · organized and inaova~e · ExCellent interpersonal relations · Effecffve wrkten comnun~catJon skllh · Adaptable and flexible AI~I~UST BAh'K, LOAlq OFFICER, BOCA BATON CALIFORA'IA FEDERAL SAVINGS & LOA~ OBranch MAnager. Pompano Beach (1987 to present) · Management raspons~'bRiges include operating budget and st~ ensuring complete customer sattr~On wl~e controlling ex~enses · Create customer awareness by developing and unplemenRng marketing pro~re~ns and sollci~.ng ouuide business · Branch consistently achieves OVer 100~ of production goals · Provide hi~ customer service levels empha.~,~g problem resolution and staff development · Increased deposit base bom S12 million to $$! mRUon · Received several 'Branch Manager of tbe Month' awards 12/1/92 Co present 4/8$te~lumemx n/92 oAssistent Branch MAnager - Boc~ Fast (1986 to 1987) · Assisted in aL! operational areas of branch management eFloater. Broward and Palm Beach Counties (19. to 1986) · Involved in teller and uvinp ~unc~ions for branches within Broward and Palm Beach Count2 FIRST BANKERS · Marlite, FL gilead Teller · Control]ed daf~ operations · Supervised staff of $ · Conducted st~ and u'aining mee~np . · ProvMed customer sauce UNIVERSITY OF TOLBDO. Toledo, Ohio Bachelor of Business, 1982 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or pr~ the [ollov~ information: 2. Hor~ Address:_ 3. Legal Re.ddenc& City [ Sine Zip ~e 4. ~dp~ B~ess A~: ~ Stm Zip ~e 6. ~eyouaRe~Vo~r~ f~ ~so, whee~eyou~Meed~ ~ ~ 10. ~ ~ ~ p~f~o~ ~6~ ~d ~s w~ ~ hol& / 12. De~c~ b ~s,~ or ~e ~ ~r~ tp ~e on,~ ~&~l~ ~ bHef r~e;~ ~ ~ Now. This application w~l r~-~;,~ on file ia the City Qerk's O~ce {or a l~riod of 2 ye~ horn r~e date submined, h will be ~he ~pplic~'s re~'ponsibiliv/~o msur~ ~ · currem applk~on is on fle. RECEIVED APR 2 3 2001 CiTY CLERK alI,Ame~.aC~ 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Cio] S~e Zip ; 5. Home Phoae: Bu~ess Ph~e: E-~ Ad.ess: C~ Phon.: .F~x: 7. ~%st Bol~(s)~ ~ou ~smd ~ s~n~ Please ~st ~ ~ ~f~ce: 8. ~st ~ ~' ~ds on which ).~ a~c ~en~' s~g ~ h.ve p~s~' s~ed: ~ase ~c~ d~s) !0. ~st ~ re,ted ~ofes~n~ c~c~ons ~nd ~c~ses w~h y~ hold: ' ! I. Give your pre--t, ot ~s~ ~Ccnt ~ploy~, snd posi~on: 12. Dcs~c ~xp~c~/s~s m ~lcd~e ~ch~u~ yea to s~e on~ b~: ~lc~se s~ch a brief tes~e) ~ . , ' ~o~,~ ~ ~.~ I / Note: Tlgs ippbcndon will zemsin on f'ge in the City Clerk's Offa:e for n period ot~ 2 yeats from the d~te it wis submitted. It ~ be the spplicnnr's tesponsibili~ to ensue that st current stpplication is on fOe. RECEIVED ~// ? /~C/- ,~'.3 CiTY CLERK LESUE BRUGH HORENBURGER 510 North Swinton Avenue Delray Beach, Florida 33444 (661)278-6389 EDUCATIONALBACKGROUND 1971 Spalding University Louisville, Kentucky B.A. - Mathematics Cum Laurie EMPLOYMENT HISTORY 1988 - Present MIG Realty Advisors, Inc. West Palm Beach, Florida Senior Portfolio Manager Asset Management Responsibilities Equity Investments - Supervised on-site management of nine commercial properties located nationally with 500,000 af of retail space including two outlet malls and 100,000 sf of off,ce space; responsible for annual budget and business plan, preparation, review and approval and monthly/quarterly financial performance review and reporting. From 1989 through January 1998 responsible for asset management for limited partner (LP) of portfolio of 11 self storage facilities located nationally; negotiated for LP during securitization of debt ($15.0M) to be included in $63.0M secured portfolio (1992); responsible for review of reporting for compliance with loan documents; negotiated and consummated $33.75M sale of 10 facilities (1996) and ultimate disposition of entire partnership portfolio including one parcel of vacant land (1998); acted as LP's liason to resolve distribution dispute requiring legal action end ultimate settlement. Responsible for the sale of other assets valued at over $28.0M. ParticiPating and Tredltlonal Debt Investments - Since 1994 have been responsible for loan compliance for over $280.0M in loans on 30 properties; negotiated loan workouts on $25.0M in debt; underwrote, structured, negotiated terms and supervised construction draw process for $24.22M construction/permanent loan; coordinated the refinancing of approximately $30.0M in bond debt through the re- issuance of new bonds to finance a 300 unit apartment complex and cufTentfy working on a $13.0M refinancing for a 387 unit apartment high rise; responsive for annual business plans for participating debts; completed forecJosure of two assets. 1988 - Present (Cont'd) Portfolio Responsibilities Responsible for preparation of quarterly and annual reporting for six portfolios with a total of 32 investments (both residential and commemial; current value over 750.0M) for pension fund clients. 1987-1988 Designated Employee of the Month by Senior Management - February 1995, August 1996, August 1997 Condovest, Inc. Miami Beach, Florida Senior Property Manager Supervised management/rental of ninety-unit condominium, thirty-unit apartment complex and 100,000 sf shopping center for FADA contractor, prepared FADA reports, 1985-1987 Sun OP Management, Inc. Boynton Beach, Florida Property Manager Managed foreclosed property for Insolvent savings and loan including 500 000 sf of retail apace located in Florida and supervised management of 92 rental units in condominium. 1984-1985 Lever's International Tennis Resort, Delray Beach, Florida Brantwood Prope~es, Inc., Boca Raton, Florida Leasing Agent Leased apartments; seasonal and annual. 1983-1984 Boca Polnte Country Club (P.M.A. Realty, Inc.) Boca Raton, Florida Bales Associate 1972-1984 Prior to 1984 professional experience included the management of a 50 unit luxury condominium, commercial leasing for a Boca Raton developer (Knight Enterprises, Inc.), purchasing agent for a Denver based construction company In Vail, Co., office manager for an Aspen, Co. single family home/commercial builder and merchandising manager for ~wo single family home builders in South Florida, Leadership Homes and General Development Corporation. PROFESSIONAL DESIGNATIONS: Ucensed Florida Real Estate Broker Ucensed Florida Mortgage Broker CCIM (Certified Commercial Investment Member- Commercial Investment Real Estate Insitute) Jun-la-ZOOZ 11:04am Fro~-I (I 1993 2001 +l-$E1-$B$-4B?8 T-rilE P.OOZ/OOZ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ' .F-O~S Zip Code axe cutt~, se~'~ng ot hs*e l~-e~oudy ~erved: ('Please h~clude d~tes) lO. List cer~cazions add .Uce~$es w~ch 7ou boM: '~t ~tlthe: , ~ause ~.=v_._~.__ _n~_ _~ndl~ -- d that any n~ssUtemenz of marital &cra This applic~.o~ ~ ~ on ~ i~ the Cir~ a' yea~ ~om the date it sa, as m~bmi~cd. It xvfll be Rte sppZic&ot's Ptar 07 02 08:~3a 3&mes 03/00/02 ~ 18:&O PA3 181 I43 3774 C. Keavne~ CITY CLERK 561-673-6471 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2. Ho~z Add~cs~: ' · ~ Sute ~ Cod~ 1: Y s~nitted. It ~ be the npp~;.'-.,¢s ~n~--~*~l~ity to ~ ~t · D.~ent q~pl~c~non ~s~ ~. .~ RECEIVED NAR -7 2002 CITY CLERK p.3 JAMES C. KEAVNEY 2934 S.W. 22d Circle, Ste. B J)dr~y Beach, FL 3344S Home: S61'272-83S6 Office: S61.278.349S Jim Keavney is a registered arcl~tect inthe State of'Florida. He studied ~ stthe~ °flY, ami and was selected tO study at the Architectural Assochtion in London, England for one ~ear as part of an exchanse prosram. He received his Bachelor of Architecture from the University of IVJ~ami and has been working with arChitectural fiflTtS in South Florida since 1986. Some ofthe firms he has been employed at include Edward D. Stone Landscape Architects, ]effFaikan~n~* & Associates Architects, (~tincy Johnson & Associates, Robert O. Cume Architects, and £§opoulos ArclStecture He is currently the owner and president of J.C.l~eavney Architecture & Plarmin$. Some of the many projects that Jim has managed include the Brickell Station Riverwldk, a historic renovation in Ft.Lauderdale, and ~m~nerous co~cial renovations and restaurants such as Roadhouse Ofill, 1~ Subs, ]:fiend's Caf~, and The Little Mermaid. In addition to the local restaurants, he has clesisned and ananased custom homes throughout South Florida as well as in the New England area. Oth~' local C°rnmercial jobs include the new Tampa Electric Company o~ice in JupiteJ' Park of Commerce, thc White House historic renovation in Delray Beach and the Delray Beach Ch~ Hail renovation. Jim is · curren~ resident of Delray Beach and his architectural f~zn is located ~ the City as %veil. His goal would be to pursue an active position in the prese~ation and well beinl~ of this city. JAMES C. ARCmTECT 1~-. Keavney has been practhaing architecture in the State o~Florkla ~ 1986, recently s~arfin8 his own architectural firm, J.C.Keavney Architecture & Planning, L.L.C. Univenit~ of Miami Mismi, Florida Architectural Association L~ndon, England ]~cheior of Architecture, 1986 Student ~ Program, 1984 Registration: Archi~cct: Certi~ad: Florida ! 3894 NCA.R.B: #AR0016878 Ezperience: Mr. ~eavney has an extensive portfolio of experience and knowledge pertinent to project management and multi-discipline team coord~mfion' for -,variety of project types. ~ experience with local, tnur~cipal and federal ~gencies in the zreas of code research and interpretation, construction doO-unent development, projeei implementation and ability to coordinate with a mult~tuda of consultants tnsures that each project is dehvered vnth opamum efficiency and thorough detail ~vith design. Sotne of the mar~ projects that Mr. Keavney has managed includ~ the Briokell Station Riverwalk, an historic renovation tn Ft.Lauderdale; numerous commercial ~novattons and restaurants such as Roadhouse Grill, Miami Sub, friend's Caf~ and Little Mermaid are a few of the recent jobs that he has managed, while employed wi~h various local firms. In addition to these local restaurants, he has designed and managed oustotmhbmes thrOughout South Florida as well as ha the New England · Other local cotntnercial jobs include the new Tampa Electric Office in Jupiter Park of · !'~ . ' Commerce, the White House Restoration m Delray Beach and the Delray Beach City Hall renovation. ~,, from 561 243 3?74 - BREWER ARCHITECTU~ Received Mar-08-02 el:eepm 2001 OITY OF DELRAY BEACH -.BOARD MEMBER APPLICATION page f NAR 1 2 ~0o2 OITY CLERK FROI'I : PLIES OF I,ELRA',' F~'( 110, · ' "03..0iL'0o ~;D 18:~3 F.i.I ,~] ~',13 199~ 2001 : ~6127~46~4 Hat. 0,'? ~--'002 lO:44AH CITY OF DELRAY BEAGH BOARD MEMBER APPLIGATION P2 ~oo~ c*v / ' Ci~ ZiP Code Zip Cod.~ , ~/ . . ..... ~../ I_ any rdaxecl profession,ti c~.'~r~-.afions ~od licenses v'kich you hokb [1, Gi,,c 7o~ pzcscn~, oz most ~c~t ~ploy~, Md pos~con: 12. D~Cnbe experi~c.~. ~IG ' Note: ~ ~pp~g~ ~ ze~ on ~ m ~c ~ ~ct~s Or, ce for · p~od of 2 y~ ~m ~e date it was RECEIVED MAR - 7 2002 CITY CLERK FRX HO. : CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~un. 18 =~3~2 11:~S~'1 P2 RECEIVED F*R~,~ : F'FO,: HO. : Fe~. 2!. l.~ ~:3-2PI,I P3 ., ,. o,.~a~uo .~a~ /,o.',~ -"A/ ~'O.L 243 a??4 /~'I,' CLEI~ ~1003 leRANCll¢O PEREZ-AZUA~ AIA AIl · HITB,OT {I .( · ' NI-Amedca C~ 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~ense type o~ p~nt ~e followinR info~tion: 6. A,e yOu a ,egistered voter? if so, wh~e are you registered? 7. _~hat B.~.d(s) .e you interested in ser~4ng? Please li~t in ord~ of ~e(~ence: -- __ 8. ~st ~H Ci~' Bo.ds on which you .e ~en~y sen~g or have p~4ousb' s~ed: &l.~e m~ude ~te~) 9. Educational qualifications: 10. List any rela[ed professional certifications and licenses which you hold: 11. Give~ you: present, or most recent employer, and position: 12. Describe [Xpezience,/, skills or knowledge%hich qualify you to serve on ~ bo.d: (P.l~ase atta~ a brief resume) % I hereby certify that ali the above state,lentS ate true, and I sgree Jnd undmtma that any misstatement Of material facts contained~ tlds applicafion,?)ay cause forfeiture upon my part of any appointment ! may receive. $1~NA~{JRE DATE Note: This application will remain on file in the City Clerk's Office for a period of ~y~~[~e it was submitxed. It will be the applicant's responsibility to ensu:e that a cut-tent application is on file. MAR 9 CITY CLERK IVlarch 21,2002 Karin City Clerk's City of Delray Beach 100 NW 1st Ave. Deb'ay Beach, FI.33444 Dear Ms. Scbell S~muel Resnick 283~ SW13th S~eet Delray Beach, FI. 33445 Ph# 561.330.8419 As per our phone conversation of to-day, I am submitting this letter. When I retired and moved to South Florida in 1995, I volunteered to the City of Delray Beach for any commission or committee that could .use my background. Unfor0mately, I was not living in the city proper and could not serve. I have recently moved to Pines of Delray West, at the above address, wh/ch is in the city proper. I am again requesting to be considered for any commission or committee. Enclosed please find my resmne and a letter from the Mayor of Norwalk, Ct. Hoping to hear from your office. Samuel Resnick 2835 SW 13th Street Delray Beach, FI. 33445 ?h# 561.330.8419 Resume of Samuel Resnick 1. Fxiucation 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 BuiIdln§ Officials and Code Admini~i~ors, 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, Pennsylwnla, and the Nationsl Council Architectural Review Board. c) Certified as Chief Buildlng Official by State of Connecticut in 1979. 3. Or~mni 7~tions a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistnnt Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construct/on panel of The American ArbiWation Association. d) Member of the pnlm Beach County Board of EducaIion oversight committee on school constroction from 19915 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consult:ant to the Mayor of Nonralk, 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 19157 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 19157- (excel~t for two years in U.S. Navy and three years in en~nering school) worked for various architectural and en~neerint firm~. OFFICE OF THE MAYOR FRANK J. ESPOSITO, MAYOR February 21~, 1995 To Whom It May ~oncern: 'This latter-is by vay'°f introduction to a ~ry £1ne architect-engineer l~or~alk, ~onnactl~ut, ~a~ual R~snick. the department of Code ]~'~.for~me. nt..' In 1991 he was h/red back to the Code Enfor~_ment of£1Ge as a consultant ~or 3 1]2 years.. (October'l,:1991 to NarCh' 1, - 1995~-)-- During this ~ti~u, San's'-dutles', /n addition to ~lng' 'i~'- consultant, were as iollows: 1, Analyzed the operation of the Department-of Code Enforcement and asststud the Director of Code ]b~orcaent in Buildinq Code interpretations. City Coordinator £or the' Auerican 'with Disability Act (ADA). ~urveyed all city buildings, including schools, for oo~pliance with M)A. &lso~ prepared the Transition Plans Sharing methods and cost;s to comply with ADA. 3. Na¥or's Liaison to the Norwalk School Building Cowmittea wherein al!-. committee seatings w~re attainted. 4. City represantative for the construction of 'the Concert Hall at City Hall and repair of water damage at Rowayton Suhool. 5. Code and cost analysis of various s~hool alterations and addition work. · Sa~ is licensed in Connecticut, New York and Florida as a r?q. istered a~hitact, and in t~nnacti~ut, New York, New J~y ~d Florida as a : professional engine~. H~ is hh~ld ..~ .high--r~ by' ~osa~n ~s. professional field a~ ~e city. him well in ~s new ho~ state-of Florida. 'It ts wl~ pride ~at I give this any u~anization wi~ ~om he ~es aas~iated. :'Frank ~;! EsP°sito ' NAYOR 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t inirom~,~on: 5. ~ ~csldencc: ~ S~te 5. HomePh~e: Bu~essPh6~c: ~M~Ad~en: · : ~. ~Ph~e: F~x: I0. ~t nn), ~ted p~fessio~ ~r~fio~ ~d ~censes w~ you ho~: /~ ~ ~' , ,. ~.. ,, cOn~~ ~s ~ m~ ou~ ;~ ~ my ~ ~ ~ ~m~t ].~F ~c · , · '. "' submitte4t. It will be thc applicant's re..qponsibility to ens~re.di~t s cut~nt npplicntion is on 6Jo. ~11~~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 t HAY 30 2001 CERr~'iCATION: Re/isiored Archi~"c~: Florida and minois Silberstein Architects was fo,,,,ded in 1990. We are a ,anAl! finn with a r~p,,t,,~on for innovative design and delivering projects within budget and on schedule. This is evident as we continue to wurk with repeat clients and ref~,,~is genm'ated by our rep, u-fiou. Our success evolves as we assist clients in defi,~i,,_a project goals well before suggesting solutions, a process that creates a full understanding of objectives before tran~onnation into reality. interior office and ~ealdemial ~ovations, mns~% a~t 8alieries, relisious facilities, residences, mixed - use developments and com~ projects. sp~ial h. OHOS.. In 1998-Jeffrey'Silbei~-in was. a~u'ded The. A~trd ofH.o, ne. r..for Design 'by The American Institute of Architects. He was reco?i,~d for ~ high quality and or{~-,,~{~y of his work ov~"an extended period oftime". ~ work has been lean,red The Miemi Herald, The ~ - Smuinel, The pal,,, Beach Post, Florid Archi~x, Interior Mr. Silbetetein bas sorved as, a ~,_ _,~*_ wrlier fur the Hartfimrd Archi*__ _,~o_-,el Conservancy and The Palm Beach Post, · critic member of the Works of Art Comm~ee of the Boca Raton Museum of Ar~ st n,*,,,her of Junior Achievement and mm ~be Boca Raton serves as Cbeirm,,~ oftbe Board for The To,,*~,{,,* L'Otweture High School for Arts and Social Jns~ea in Delray Beach, Florida. lvir. Sflb~ resides with his wife Rosemary and two d.,,,_~,,,-,.% Angelica and Sarah in ( Boca Raton, Florida. PROJECTS LIST OF PROJECTS: Boca R~ton Con~m~nf.ty High ~qchool,-Science'AddJ~o~ nd Master Plan, Boc~ ~ FI. AIA AW~.F~J fOF excellence in De~i~n 'Florida Atlantic University, ~.olle~e ofF, duc~fi(m, Boca P~iton, FL Hunt Element~r~ School, Coral SI~-~, FL HnrJd Conservntor?, Boca Rut(m, Fl. Temple brael Early Cldldbood, West Palm Beech) FL All * St~r Academy & Sports Camp, Delay Beech, FL Temple Bet Emet Early Childhood and Grades 1,2 ~3, COOl~' Ci~,, FI. Tousnint L'Ouverture High School for Arts and Sochl Justice, Delay Beech, FI. MUSEUMS: Museum of Modern Art, Seou], Sou~h Eore~ AIA Awnrd for F. xcellence fn Design. The Gallery Center, Boca l~ton, Fl. Morihnd Museum, Deh~ Beech, FI. LI~T OF PROJECTS: National Custom Homes: Custom Homes Wycliff Country Club: Custom Homes Governor's Walk, Delray Beach, FI. Neol's Market Townhouse Community, Debay Beach, Fl. (Current) KolJmvan Residence, Les Jardim, Boca gaton, FI. (Curm3t) Hakkenberg Residence, Boml~re, Netherlands A~es Featured in Caribbean World Magazine Foght Residence I, Bonaire, Netherlands Antilles AIA Aw~Fd of Honor For Design Foght Residence ~, Chicago, lll~,~,is (Current) Foght Residence 11~ Bomh'e, Netherlands Antilles (Curet) Richman Residence, Delray Beach, Florida .Lfffmn. Residence, Bon,~e, Netherlands Antilles KnUev Residence, Bom~e,~q .e~J~ds Autilles - Gardenia Place Townhouse Community, ~_~,~_~lale By The Sea, FL One Young Circle Condo,~t,,tum Tower, Hollywood Beach, FL Andrews Residence, Ocean Ridge, Florida Andrew's Residence I~ Oce~ Ridge, Florida ( cufl'~t ) Tlci~tn Residence, FL Laudardale, FL l.~ OF RESIDENTIAL PROJ]:C3~ CoN'rflq'oT.D RESIDENTIAL: Botman Residence, Bonaire, Netherlands Antilles Epstein Residence, Weston, Florida Green Residence, Boca gaton, Florida Pineapple Place Condominiums, Dell'ay Beach, Florida Schuler Residence, l~Iray Beach, Florida Schllcht Residence, Boca Raton, FL Nucldes Residence, Z~ay Beach, Florida Caribbean Blue Condomlnlumt, Bona~re, Neth~lands ~es (CUIT~lt) Cohen Residence, Delray Beach, Fl. (Current) lkola Residence, Boca Raton, Fl. (Current) Sehnrer Residence, Ahnalapan, FL (Current) King's Row Tow~houfe Community, D~lra¥ Beac]~ Fl. (Cur~nt) LIST OF PROJECTS: O~'z'ICE BI~o,WlNG$: 'Bank.or Nova Scofla,-Cursca~, Neth~hnds Fr~idenflal C~e, Ho~ ~ ~er o~y d~i~ Management Systm World.de, ~ ~y Bea~ FI. (~) W~ Smdi~, B~ ~ FL ~ A~ for ~gence ~ D~I~ ~ ~,~.~ squa~ of office a~ phnn~g f~ H~d~ M~ H~ C~, click. Spec~um Office Par~ T~ P~ 4~,~ ~f Offi~ B~ Ft ~e, FI. S~ hc., ~ B~ ~ S~benteh A~te~ De~ B~ ~ ~ A~ for ExceBence h ~l~ ~. Office Bufldhg for Dr. b~, ~ B~ ~. (~t) COMMERCIAIJRETAIL PROJECTS: Hertz Service and Ren. bd Facility, Windsor Locla, .Connecticut. AIA Awnrd Boca Valley Shopping Ce ~n~r, Boca ~ FL Key West Espreno & Ice Cream) K~ We~, FL LItmmn Jewelers, Bo,,oh% Nether~,,,,,~, Antilles. Lftm~n's At The Pb~m, Bomire, Netb~lands.~fi~f~s Littman's, Bonatre, Netherlands ~intill~ Peppercorn's Care, ll~ West, Fl. !,!-~T OF PROJECTS: HOTELS & B.ESORTS: Paradise Village Tulip Hotel, Cura~o, The Hamlet Resort, Bomire, Hetherlmnd~ ~illes Avila Beach Re~ort, Curacao, Ne~h~lands ~ti!!es MIXED USE PROJECTS: Union Station, H~orcl, Connecticut Pine4pple Place, Delay Beach, Fl. One Young Circle Condom~nium Tower, Holl~ocl Beach, Sirs Office amd R~tail Complex, Delray Beach, FI. INTERIOR AR~m-r~;% t~RE: Foght Residence, ~omJre Ne, th~'1~a~ .A-~il!es. ~ ~l'_& Award ~y hiden~ B~ ~ ~ ~ ~idenc~ ~ N~ S~n i S~on bw O~cff, ~y B~ Flofi~ W~ Studios, B~ ~ Fl. ~ A~rd for Ezce~ence h RECOGNITION RECOGNITION: AmerJcsn Imfltute or. ~rchitecU Awards for Excebence In D~ign: . Boca P~on Corem,miry High school, Boca WLMK Smdlo, Boca Raton. FI. Fo~ht Residence, Bonake, Netherlsnd~ B~¢k~ P. esid~nc~, Boc~ P~ton, FI. Museum of Modern Art, Seoul, Somh Korea Silbers~eJn Archhec~s, Delray Beach, FL AwoFd of Honor for Design from The Palm Clmp~ of the American lnstitu2 of Architects to Silbe~stein Archite~.s for ~heir out. riding contribution towards architectural de~i~n. Je~'y Silbm'stein was cited for the "high quality and originality of his work over an ext~ded p~iod of time'. 1998 Public, flora: Architecunl P. ecord Florida/Caribbean Arcbitcc~ Boca P~(m News Sm3- Sentinel Miami Hei-ald lut~rior Design DB,Z Oerman Design publication. · Ch-ibbe.8~ World l~lg~n~ . I ,tqT OF PROJECTS: O~r'ICE Bur[Y~D~GS: · Bank of Nova Sco~ta, Curacao, Netb~mnd* ~m Pr~Jd~ ~e, Ho~ ~. Whner o?mny d~l~ twar~ Management Systems WorJd~d~ ~ ~y Bea~ ~ (C~t) W~ Smdf~. B~ ~ ~ ~ A~ for ~ce~en~ h ~ign. ~ S~,~.~ squsre of o~ce spa~ phu~g f~ H~ M~ H~ ~, ~ ~ce, T~mmel ~w, ~I ~g~';?~o~ P~ ~, c~. Sputum Omce PaF~ ~ ~e 4~,~ s.fO~ B~ Ft ~e, Fl. S~ h~, ~ B~ FI. Sflb~t~ ~t~ ~ B~ ~ ~ Awa~ for Ex,Hence O~ce BufldhI for Dr. b~y, ~ B~ ~. (~t) COMMERCIAL/RETAIL PROJECTS: Hertz S~rvJce and Rental Factll~, W'mdsor Locks, Connectix.. AIA Award Boca Valley Shopping Center, Boca Raton, FL K~ West bpresso & Ice Cream, Key West, FI. Llffmnu Jewelers, Bf~h% Ne~berlfw~,~.~ntillqs. Liffrnn~'s At The P~, Bombe, Netherlands Antilles I2ttmn's, Bombe, Neth~ls~ls ~a~.~ Pepperc0rn's Cn~e, Key West, FL !.~ST OF PROJECTS: HOTELS & RESORTS: Paradise Village Tulip Hotel, Curacao, Netherlands The Hamlet Resort, Bonalre, Netherlands Antilles Avib Beach Resort, Curacao, Netl~rlancls Antilles MIXED USE PROJECTS: Union Station, Hartford, Connecticut Pineapple Place, D~ray Bear.~, FL One Young Circle Condominlm Tower, Hollywood Bear.~ FI. Sin Office and Retail Complex, Delray Beach, Fl. ' INTERIOR . lk, cker i~esidence, B.cc~ l/eton, FL A.LA. Award 1999 Foght Residence, Bo~I~ l~etherhnds Antilles. A.I.A Aw~Fd 1997 Agnrdy Residence, Boca Raton, FL Kttzev Residence, Bomi~, Netherlands Green Residence, Boca P~tou, Plorid~ Simon & Simon 14w Offices, Delray Beach, Florida WJ'MX Studios, Boca Retort, FI. AIA Award foF Excellence in Design. RECOGNITION RECOGNITION.. A'meric~ Institute o~ Architects A~Fds for F. xce~enc~ in Design: ' Boca P~ton Community High school, Boca Ratoa, Fi. WLMK Studio, Boca Raton, FL Foght Residmee, Bonaire, Netherlands Be~k~ l~e~dence, Bocs ~ ~1. Museum of Modem An, S~oul, South Silberstein Architects. Delray Beach, Fl. Award of Honor for Design from The Palm Cbapt~ of the American Institute of Arcbhects m Silberstein Architects f0F theiF outstanding contribution towards architectural desi~. Jeffrey Silberstein wa~ cited for the "high quality and oli~.~llly of his work over an extended period of time'. 1998 PubUeaflonm Architectural Record Florida/Cmibb~an Architect Boca Raton Ne3~s Sun- Sentinel Miami Herald Interior Design . - ' DB~Z .Oe!ma~Design publication Amillean Revi.ew Caribbean World 20~1 Silberstein Architects, delray beach, florida Foght Residence, Bonaire, Netherlands Antilles The island of Bonaire in the Netherlands Antilles is located 38 "miles nt~rth isfVenezuela. After spending ten winters on the island, the owners of this house bought property on which to build a . permanent winter home. Bounded on three sides by.r~sidential lots and a tw~-Iane ro~d, the hous~ faces west toward the oc.ean. With 3,000 square feet of floor space, the two-story house has three bedrooms and two bathrooms on the first floor along with family room, storage and kitchen and a large master suite and library on the second floor. The plan resulted from a clear program and specific site conditions. For reasons of noise, privacy and security, the front of the house has two wings, garage and guestrooms, connected by a privacy wall that creates a harrier between the house and the public road. The house can be entered through an orn.amental . doorvay leading into the courtyard or through'the garage. -The court- ya'rd is enclosed by the gu,;st'wing on the north, the living room on the west and the garage on the south. A stairway leads from the courtyard to the master bedroom suite on the second floor. This suite is. directly above the living room and fronted by a terrace on the west that overlooks the court- Photo, top: West elevation of the house at mtn f~om the ocean; Alive: Second floor terrace on th~ u~t ~hat ~en~ ~ e~unyanl and ~e~an. Ph~tot by Chuck Wilki~u. · dnt~r 2001 yard as well as the ocean beyond. The courtyard, with its 30-foot long fountain fringed with seven water-spouting frogs on each side, acts as a buffer against roadway noise while providing privacy for the three guest bedrooms. The guest bedrooms have access to the main living room from the courtyard, as well as to the ocean. The floor plan is'axial. From the ornamental courtyard gate that serves, as · the'front door, there is a direct view of the ocean through the courtyard, living room and terrace. The terminus of the axis between the front door and the sea is a radial cedar deck that cantilevers over the clit'~: This deck is edged with cedar bollards housing indirect lights. Below the deck are lights that illuminate the sea. Views from the house were important to the client so most of the rooms have direct views to the sea. Windows and doors are typically located opposite one another to allow cross ventilation during the months when air -conditioning is not necessary. All of the floors and bathrooms are finished in limestone and all other s~faces are painted stucco.. Do~rs and windows were custom de- ' sign.ed and ~ade olr mahogany b~' cr~tftsmen on the island~ Mdflter 2001 IS PI.~ASI~D TO ¢ONI~ T~ AWARD OF HONOR FOR DESIGN I~OR'Ti'mm. O~ING COIV~I~D'TION TOWARDS ARCH1T~ Dm0N' FUTURE :DESIGN"":-' :' ~" Architects ar~ remodeling'buildings ,. ~' ". ~ - ..... ..' ,.~- '.' ' 'WHERE :ZEBRAS'ONCE !RO/ EI 'We liked the idea of. .having a park so ~lose ...' Moving Up* Jeffrey $ilberstein Owner, SEber~tein Arc~itecta, Int~, in Boca Raton Recent accomplish- meats: JerSey Silberstein of Silberstein Architects I~t'i, Boca Raton, is the 1998 Award of Honor whiner from the Pa/m Beach Chapter of the America~ Institute of Architects. Silbersteia was recognized for advancing the cause of out* standing arcMtecture and pro- . riding inspiratiOn to fenow pra~ti°ners. His design of a two-story, four-bedroom resl- dence in BonaJre, The Nether- lands Amflles, was the overaU wirmer in the "Built Project" category. . The home des~ was noted for its dramatic lighting rangement built into a cantile- vered ded~ug, overloo~g the oce~. '"It was'a chal]onge beeause - it wu a very nerrgw 1oi," he Jeffrey Sllbersteln (above) designed the Ali-Star Academy In Delray Beach. His design of a two-sto- ry, four-bedroom res- Idence In Bonaire, The Nethedands An- tilles (left} won an award from the Palm Beach Chapter of' the American Insti- tute of Architects. ' HEA~MER SELWITZ/ ~ly~. "[ was able to {~eate, a omc that gave .a lot of p. fivacy. once. I year. AU other e~me$ years, · received merits, lis a real hon- erhnds Anq~ :rilles, Silber8~ has' Siibersteln's projects in Florida include desiard~ of the M~- or because You're juclsed by )'our peers." . lived in Boca since 1985. kaml Museum, Hafid Conser- vatory, College. of Education at Education: Graduate of Comer #lghllil~ts: Si]bet- FAO nd Presidential Ch'de. Clark University and -rece--ived his professional de~ree from Pratt Institute in New York. ' Age: 44. Pemonah Married to Rose- mary and has two daushters -- stein also received AIA awards for several projects including Hogblea: Reading, mt, ten- the Boca Raton Community his and going to the ~ym. High School Sclonce addition, Key to Sum: '~ever WJMK Studios mu] the Muse- stop leamin$" he uys. '~/ou um of Modern Art, Seoul, never know enough, and 1 love South Korea. what I do." 4 Boca Rliton Newl/Society Mondl~,, Sept.m~r ~g. lgg7 .~xll-Star Academy holds dedication ceremony for new campus atict policy of k4=pi~l~ .. couqxch~i~ review of cur~uJunx Fui~ MIDDLE SCHOOl. 07/.1~','01 THD le:O? FAX, ~1 24~ 3??4 CYT~ BOARD MEMBER APPLICATION 1993 2001 1. /asr N,m= Woehlkens 3. l~,al Re..4~nce: Same ~, Princiiz~ Bum~us Adck(~s: N~e Jtllian Cig Delray Bch M. )'M Z~ Zip Co,~e 33444 205 George Bush BLVD Delray Beach I FL 274-93~5I 27~6011 I jwoehlkens9 t I ~~~ In th~ ~proces~ recently just chanqeda~~ have ~ked in of yearst How~v,r~ r~cently moved into H.P.B and P ~ Z, and S.P.R.A.B city. None at present time. ~,ducsdoml 9u~lifi~fion~': J ~one at Dr~n~ ~tm~_ 'Elioploulos & Associatest Graduated Architect. lZ DcscTibc expefeq.~s.~ ,k~s or ~o~cd~ w~ch qu~i~ ~u ,o s~e ~n this ~r& t'ormer ~ ~resent work experience under current boara memner o~ ' "5.~.R.A.B. Extremely dedicated & eager to enhance my knowledge" a~ skills especially related ~ cp~unitv as wen pertaining to' future endevo~. .... ' '' ~ta~t RECEIVED JUL' 1.3 2001 CiTY CLERK ELIOPOULOS & soc s, An:hitects, P~ ers & Interior Designem AA0003179 JILLIAN M. WOEHLKENS 205 George Bush Blvd. 33444 Fnone: 561/276..6011 Fax: 561/2766t29 F.-mnil: tme,~ol.com OB,1ECTWE EDUCATION WORK EXPERIENCE AC'ITvI-flF, S INTERESTS BEI~RENCES No~c.h Unimsity - Nonl~teld, Vermont Masters of Architecture, Bachelors of Scionce in Architectural studies May 2001 Minors in Engineering and Art · l~dpient of t~ad~ Scholarsh/p for ~uL.~ndi.~ ex~:racunio,l,,- scfiw'fies nil four years. · Onz ora fou~ pemon team to deign n-d t.,'~ an ~ddi~on to ex~fing home ~n a de~gn~ild studio. for ~,nlnln5 building l~'mits. Acquixe field meast~ments to ~ be placed on CA~, produce 8tn~al OffiCe ~ clb~lt int~l~don, & ~l:~n~tn~i0n ndmlnletrafioIL Notwdch Unlversfl2, Northfield, VT 1996- 5/01 . Work Study Program - Hold ~ lx~ifions head., ndmlni~"T ~ aid as needed. Aamini~lt~ .&=~tnnt for Sw~xl Adn~nistmfive Assistant for Hockey Coach - antnhn~ mnn~:nt, off, ce ~ suRx~ ~mit A.I.D. Models ]ne., Wn*hln_~ton, NJ 9/95 - 7/96 I~ ~or minlnm~ ac:c~)fies, ,te/,~d Set Hp on ~ ~ ~.h/tectu~l] II.leis for · N0~wi.s~h ~ Wm"um'$ --SOOO~-- T~'m - Co-C21]~lt~ 1,2,3,4 · ~ - Member 1,2,3,4,5 * Girl Sconts - redpient of gnld ",~ sil~r awards, higt~st honom "m'~"'h~e · Axchitectore Comloefifion - 2nd place for design ,,nd conm'ucfion otscaled model MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDAITEM'~. - REGULARMEETING OF_IULY 2.2002 AP?OrNTMZNTS TO THE SIT WEW Vl'E2WO NCZ SOAV, D DATE: .pJNE 28, 2002 The term for Roger DeCaplto, Deborah Dowd, Gary Ellopoulos, Francisco Perez-Azua and Michael Sneiderman will expire on August 31, 2002. Mr. DeCapito and Mr. Perez-Azua have fulfilled two full terms and are not eligible for reappointment. Ms. Dowd, Mr. Eliopoulos and ' Mr. Snelderman have all completed one full tern; are eligible and would like to be considered for reappointment. The term is for two years ending August 31, 2004. To q, allfy for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the Gty. One member shall be a registered architect, one member shall be a registered architect or a registered professional civil engineer, and one member shall be a landscape architect or a person with expertise in landscap'mg or horticulture. Due to the expiration terms of Mr. Perez-Azua and Mr. DeCapko there is a vacancy for a registered architect or a registered professional cml engineer and a landscape architect or a person with expertise in landscaping or honicukure. The following individmk have submitted applications for consideration: See Exhibit "A' A check for code violations md/or municipal liens was conducted. None were found. Voters' registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat # 3), Commissioner McCarthy (Seat # 4), Mayor Schmldt (Seat # 5), Commissioner Perlman (Seat # 1) and Commissioner Archer (Seat # 2). Recommend appointment of five (5) reg,,lar members to the Site Plan Review and Appearance Board for a two year term ending August 31, 2004. boardappt.memo.sprab 07-02-02 SITE PLAN REVIEWAND APPEARANCE BOARD APPLICANTS EXHIBIT Ma~er Abbo Shane Ames Ronald Brito Daniel Carter architect architect enterprise contractor landscape architect Roger Cope architect Deborah Dowd educator Gary Eliopoulos architect Mark Gregory real estate David Hawke architect ClnSstina Morrisonreal estate Samuel Resnlck Jerome Sanzone Jeffrey Silberstein Michael Sneiderman Jillian Woehlkem (also applying for Plamaing & Zoning) (also applying for I-~stofic Preservation Board) (currently serving on Board o£ Construction of -~'pe~) (also applying for Iff~storic Preservation Board and Planning & Zoning) (also applying for I-~stofic Preservation Board and Planning & Zoning) (currendy serving on Code Enforcement) (incum t) (also applying for Planning & Zoning) (also applying for Planning & Zoning) code administrator/eng'meer (currently serving as alternate for Board of Adjustment) (also applying for Board of Comtmction of Appeals and Historic Preservation Board) building official (also applying for Planning & Zoning) architect (also applying for Historic Preservation Board and Planning & Zoning) couuacto (incumt t) architect (currently serving on Board of Adjustment) (also applying for Board of Adjustmem, Historic Preservations Board and Planning and Zoning) CITY OF DELRAY BEACH BOARD MEMBER APPLICATION (- It will be ~e applkanx,s respo,~h~7 ~o ensure ,~, I cuzre~ a MAYER ABBO ARCHITECT AND ASSOCIATgS. INC. AA0008142 in 'safisfyfng the needs and ~°nS_of its-clients. The comic's ~,~- 8oal is the l~rsult 6f ~tt--ll~nc~ in design, th~ugh · pe13o~l. ~d service that is on. schedule and witl~n budget U~i,,.a CAD applications nd advanced technolo~, systems, l~hyer Abbo Architect and Associ*~ assures the most efficient and practical design solutions. The firm has completed a number of'h/ih-end luxury h0meS, mdti-family residential projects, inter/or space planning and tenant impiov~aent desi/ns which ~'flect its COmmilm~t tO the hi.st qu~ity mnd~r~. Meyers At)h), founder and pr/ncipel t, chi~ect of the ~ re.ed a Mester of Arch/tecture degree from the ~husetts Institute of TeChnology and a Bachelor oF Design in Architecture degree from The Un/versi~7 of Plorid~ He is ~ member of the American InstitUte of Architects (A/A) and is aho actively involved in numerous community orga~i,s~ions. Mr. Abbo focuses in g/v/rig Iris clients the best of serv/ces and · clear vision of th¢i~ individual projects. .nd had P. ,in l~ojecl Administration and Site l:)esi~n Visits C M~ N.[. MF'~ AVE., IiJrr[ ! DEiJ~Y F..(CH. FL ~40~ M.kL(Y~A~BCWK~.COM f4:~l~l~: M1272.4g40 STATUS MAYER ABBO ARCHITECT AND ASSOCIATES. INC. AR - 0016289 f~iallzi~g in custom luxury homea, multi-~mily ~mid~t/al [~o~ects. intexic~ ~e .~1...,;.$. eumnmrc. Jal ~'d ~ena~t impr~'ement jol~. WE WELCOIqE YOU TO EXP*ERIENCE AMES DESIGN INTERNATIONAL Sh,,e ,ames, m,,l~alented, creative and a Florida licensed Designer and Ar~-h~,ct, formed Ames Design Internatio,,sl in 1985 ,,i~h his business parmer, Maria Dechantsreiter. The f~ hs~ enjoyed ~emendous success ever since, contributing · ppm. ximately, a b,'//,bn do//ars to the industry via the construction of luxurious, single family homes. We were involved in the doo,mented re, ovation of a historic house located in the I~ROFF_~IONAL ItlSTORIC PARK DISTRICTs DeMda Park in Delray Beach, Florida~ This gem became the home of our 'new offices in December 1996. Once completed, it was included in the Delray Beach Historic Society Homes tour. Ames speri~liT~-_, in very high-end cus{om designed residences.. His work been f~mm, d in most of the leading archir~tural magazines tach as ~ ~ ~ and PROFESSIONAL BUII~ER, just to ~sme a few. One of the models he designed, '~rHE WESTBAY," won five awards at the coveu;d ~Pinnacle Award for 1990" ceremony at the Crocker Center in Boca l~stnn for BEST' ARCHITECTURE, BEST MODI~.t~ BEST INTERIOR DESIGN and BEST .LANDSCAPING. Shane's work for Interior Merchandising won the PRISM GOLD AWARD in 1995 for the mldrise, *La Saactuaire." We are proud tlUt the pop,,Is.- nalions! magazine, ~ has given us x~cogniti0n via an unprecedented t0-page cow. rage on two of our -nique single family residences in the Boca Raton area in their Winter 1995 issue (VoL 5, No. 8), a featu_~ in their Summer 1997 issue (Vol. 7, No. v_). We were f~,~t~,red ~ in the Winter ~000 issue (Vol. 10, No. 4), and recently in the Spring ~001 issue~ givi~ us S~,';sl prominence Via an 18-page article pub~jt~rlg two of our homes. Shs,~e and his handpicked s~FFserve an intemagon~! d/entele who d~ms,.d the best in dr~msrlc and sophis6~t,~d house design. Shane's impact upon the architectural beauty of South Florida is evidenced by the several thousand residential designs in all the leading and prestigious Yacht, Golf and Tennis Country Club Communifie.4, as w~ as Oc~fi-om and lntracoastal ar-~,, Sh~ne designed the original Sales Cem~r in the luxurious St Andrews County/Chb, and co-tl-ued ~,kh cr~i-~- some of the most dupli~t-d and sought- ater models n~med ~ARLINGTON," ~HAMILTON," l=t~r zexmzned. ~OAKBROOK," "MANCHESTER," "BARRINGTON," and ~LM~ISFr~.I.I~.~ Sh=ne designed about every fourth residence in the St Andrews Co--r,y Club. architectm~ plans, d-~,qed interior chewings to secunng the highest quality builder best suited to comlruct your home. We are committed to providing personal altention to all phases. WE WELCOME YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL IN FLOgii)^ , SANCTUARY, BOCA EATON SUN & SURF CLUB, BOCA RATON ST. ANDREWS COUNTRY CLUB, BOCA RATON BOCA BATH & TENNIS CLUB, BOCA RATON WOODFIELD COUNTRY CLUB, BOCA RATON WOODFIELD HUNT CLUB, BOCA EATON THE SEASONS~BOCA RATON BOCA RATON POLO CLUB, BOCA EATON BOCA GROVE PLANTATION; BOCA RATON BONIELLO'S ACRES, BOCA RATON LES IARDIN, BOCA RATON LONG LAKE ESTATES, BOCA EATON LE LAC, BOCA RATON BOCAIRE COUNTRY CLUB, BOCA RATON OLD FLORESTA, BOCA RATON BOCA HARINA, BOCA RATON HORSESHOE ACRES, BOCA EATON . . ENCANTADA, BOCA RATON' FOX LANDING, BOCA RATON ROYAL PALH YACHT & COUNTRY CLUB, BOCA RATON STONEBRIDGE COUNTRY CLUB, BOCA RATON EAGLE TRACE, CORAL SPRINGS THE HAHLET, DAVIE, AAC001720 STONEBROOK ESTATES, DAVIE .. SUNSHINE RANCHES, DAVIE FOX CHASE, DELRAY BEACH. LAS PALHAS, DELRAY BEACH HIZNER COUNTRY CLUB HiZNER'S PRESERVE, DELRAY BEACH DELRAy DUNES, DELRAY BEACH DELRAY OCEAN ESTATES DELRAY GOLF & COUNTRY CLUB, DELRAY BEACH DELRAY ESTATES, DELRAY BEACH STONE CREEK RANCH, DELRAY BEACH SEAGATE, DELRAY BEACH THE HAHLET, DELRAY BEACH TROPIC. ISLE, DELRAY BEACH ADDISON RESERVE, DELRAY BEACH BARCELONA ISLES, FORT LAUDERDALE CORAL ISLES, FORT LAUDERDALE DAWSON'S POINT, FORT LAUDERDALE NURHI ISLES,·FORT LAUDERDALE ISLES OF pALH, FORT LAUDERDALE SUNRISE KEY, FORT LAUDERDALE 'EXOTIC ESTATi~s, FORT LAUDERDALE GREY OAKS GULF STREAH HARBOR BEACH, FLORIDA -~ '~-.~-:~ ~HIGHLAN D BEACH ROYAL COVE AT BOCA HIGHLANDS, HIGHLAND BEACH HOLLYWOOD · . ~.--':?~ OCW WALK~ HOLLYWOOD BEACH HYPOLUXO ISLAND BALLEN ISLES, JUPITER ..2 JUPITER INLET BAY, JUPITER ANGELFISH CAY, KEY LARGO LANTAHA 'LIGHTHOUSE POINT mALAPAN GOLDEN BEACH, HIAHI PINECREST, HIAHI GABLES, NAPLES' QUAIL WEST, NAPLES . QUAIL CREEIL, NAPLES ROSEHEAD AT WYNDEHERE ESTATES, NAPLES WINDSONG HARBOR, NORTH HIAHI BEACH HIDDEN KEYi NORTH PAI. H BEACH OCEAN RIDGE DUNES OF OCEAN RIDGE, OCEAN RIDGE PALH BEACH HARBOR ISLES, PALl4 BEACH PALl4 BEACH POLO CLUB, PALH BEACH CASA DE 14ARBELLA, PALH BEACH GARDENS J.D.H.~ COHHUNITY, PALH BEACH GARDENS FRENCHHAN'S CREEK, PALH BEACH GARDENS , HIRASOL, PAI.H BEACH GARDENS · SAN HICHELE, PAI. H BEACH GARDENS CYPRESS HEAD, PARKLAND "IN.THE 'PINES, PARKLAND PINETREE ESTATES, PARKLAND BEL AIRE AT GRAND PALI4S, PEHBROKE PINES SUNSHINE ACRES, PLANTATION .-. ~'-~'LONGBOAT KEY, SORASOTA LAUREL OAK, SARASOTA ' PRESTANCIA, SARASOTA PEBBLE BEACH, SARASOTA SINGER ISLAND WILLOUGHBy COUNTI'RY CLUB, STUART STILWELL ISLES PROSPECT PARK, TE(~UESTA EC~UESTRIAR CLUB, WELLINGTON WELLINGTON BREAKERS WEST, WEST PALH BEACH EGRET LAKES, WEST PAI. H BEACH WESTON HILLS COUNTRY CLUB, WESTON 4 OTHER, STATES TH[LOLIGHOUT THE U.S.A. J.AHONTAN, CALIFORNIA · ASPEN, COLORADO BEAVER CREEK, COLORADO DENVER, COLORADO CHICAGO, ILLINOIS L'ESPRIT~ LA GRANGE, KENTUCKY WARDS POINT WEST, NORTH CAROUNA HARION, OHIO BATAVIA, OHIO cITY OF.LAKEWAY, TEXAS VIRGINIA BEACH, VIRGINIA INTEP. NATIONAL LOCATIONS. FREEPORT, BANAHAS NASSAU, BANAHAS LYFORD CAY, NEW PROVIDENCE, BANAHAS OCEAN CLUB ESTATES, PARADISE ISLAND, GRAND BAHAHAS ST. JOl~N, U.S.VIRGIN ISLANDS · ST. THOHAS, U.S. VIRGIN ISLANDS CURACAU, NETHERLAND ANTILJ. ES ST. HAANTEN, NETHERLAND ANTILLES WOODBRIDGE, ONTARIO, CANADA qUEENSTOWN, 'NEW ZEALAND LUGANO, SWITZERLAND HONACO, PRINCIPAUTY OF HONACO 6 COld]'4ERCIAL PROJECTS IN FLORIDA Two uniquely designed Card Shops, one in W'md Song Harbor, North Miami Beach and d~e o~her in Ocean Walk, Hollywood Be_~¢~ A 5-~tor~ Luxury l-l~oh-Rise named "I'he Renaissance ~The Oceam F. Age' in Delray Beach Archi~ D,'~;? for m,ny oflhe"Ar~on" Lumuy Condo,~,,~,-m in Boc~ lhton Archi~ecl:uml Design of · two.story 4-trait Peril:home ~' the "Fmcma' Luxtuy Condo,'~,i-i,~', in Ihe Sky, I-li~l,~,~d Luxury 2, 8 ~nd 4-story Townhouse Complex Resort, plus custom .in_de family homes in "Gardem ~t l-li~o~l,nd B~oh;' Highland Beach Elevations ~nd Floor ~ Redesign and Renovation of'The Esmmy' Luxury Townhouses on ~he Inlracoasml Wa~ay/n Delray B~h Renovating ~nd Redesi?i~ an ~isti~g Office Building in ~he heart of Downtown Ddray Beach inw Renovation D~;? for ~he Sheraton Four Poin~ Ho~el in Pompano Beach Design of Elevatiom ~nd Floor layouls for Ihe Hampto~ Inn, Ho~.l Chain Sme-Of..d~e-An "Pcarle V',,ion" Eye Center in Boca Rawn, #1/n the mfionwide chain A ~ oriented to~ Resor~ Howl with · Dinner The~re and Shops d,~i~'~ed wi~ conversion w C~sino in ~;-d, Orlando Area Renov~ion of the ~l-Ielen Vfllkes Hotel' in West P~n Beach 2 COl~vl~kC~ PkO]ECTS - NATIONAL ~ INTERNATIONAL Bahamian Resonin the Bahamas · Unique Bed & Breakfut Concept ~ ~ be mazket~ nationwide Ju*n 17 02 09:34a Enterprise Contractors 06/J4/02 FR[ 12:13 FA~ 561 243 3774 CITY CLER~ DEL~AY BEACH 1993 2001 - (561)279-0335 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION {~002 ~. ~! R~c~ ~ , Su~ ~ C~ ~. H~e ~b~: ' B~ss Pbgc: E-~ Ad~s: ~ Ph~e: Fax: "~' ~nt B~(s) ~e you M~t~ted ~ ~ Please ~t m ~d~ of ore[e~nce: 8, ~ t ~ ~ ~u~ ~ ~ch you I~ ~en~' s~'mR or have Dz~o~k s~cd: ~kase ~clude ~tes~ 10..~t ~W tela?d p~f~sdonM c~fions ~d bc~s~s w~chffou hold:' il. Gwe }'o~ p~s~L oz mo~t t~cnt ~pl~, ~d ~sido~ Y Tiffs application.will r~m-m on fiJe in the City Clerk's Office fce a period of 2 yeats fzom the date it was submitted. It w~ be the applicant's tes,oons~b~lity to ~mure ~at a current appl~c~fon RECEIVED JUN ] 7 2002 CITY CLERK RON BRITO 198 ~E. 27~ A VENUE BO YNTON BF~CH, FLd. 33435 RON JO20~AOL.COM - PERSONAL RESUME ]FORK HlSTOR Y: - '1965-1979 14 years as a framing and finish carpenter in Riverside, San Bernardino, and Laguna Beach, California. Production framing on several multi- family complexes, housing tracts encompassing slab layout, framing, joisting, trussing, fascia, siding, setting doors, windows, cutting rafters & stairs etc. Eventually started high quality custom finish work. 7 years as carpenter, 2 years us Leadman, $ years as Foreman on new residential and commercial projects, as well us some renovation and remodeling. 1979 - 1983 Obtained Building Contractor License / B-$88997 Calif. (currently in- active status) still valid thru 4-30-00 Spent $ years sub-contracting and running framing, siding, trussing, floor joisting, stair fabrication and installation on muiti-family complexes from large contractors. During this time 1 contracted new single family homes, additions, remodeling, commercial roofs, and commercial tenant improvements. 1983 - 1985 Job superintendent on custom housing in the Nashville, Tennessee area for 1 year. Sub-contracting framing, trussing, siding jobs for the next two .years. 1986-1989 Obtained General Contractor License/CGC-047369/FLORIDA (Active) gForl~ed at "The Township" as punch oat foreman for 1 year. ]Vori~ed for David .lones Const. at Gleneagles, Polo Club as Lead Carpenter. Foreman for 1 year on 32 eight-plex wood frame muiti-family duplexes. Constructed custom housing from Manalupan to S& Andrews, Boca Raton. Received General Contractor's License in February 1989. 1989-1991 LICENSED GENERAL CONTP~CTOR / U.S~ V.L 2-01392-91 Went to St. Croix, U.~ I~.l. after Hurricane Hugo for $ days to bring supplies and help restore power and water to units of condos for a friend. .4greed to come back to restore 2 houses..dcquired General Contractors License in the U.S~I/'.L in February 1990. Restored 14 residences, 2 commercial buildings and 6 rental units. Also completed renovations in S4. Thomas and ~t. John on custom homes. Returned to Florida July 2, 1991 and began new additions and remodeling' projects. ~fler Hurricane Andrew, opened a field oj~ice in Miami for restoration work. My Miami office completed 16 residential restorations and about 44 roofing projects. 1992-1993 Was asked to take over operations of Falkav Construction and to qualify the company..41though thorough research into Falkav prevented me from qualifying the company, I did bring the Deiray Tennis Center to substantial completion in time for the Virginia Slims Tournament. Fallurv Construction was at that time under contract with the City of Delray Beach for the Tennis Center (2.5 million-dollar contract) and was also engaged in 6 SChool projects for school districts from Palm Beach County to Dade County. Falkav Construction went into bankruptcy and was dissolved. Currently, my company, Enterprise Contractors In~ is located at 2210 N. Federal Hwy. Deiray Beach. I do Custom Homes, Historical Renovations, and Commercial Projects. I do my own estimating, contract negotiations, and am computer literate and familiar with several different estimating and accounting programs. I also run most of my Own projects. · am a 30- year carpenter, experienced in material take-offs for jobs, flow chart and scheduling for jobs with deadlines and fast track completion. Familiar with AIA contracts & draw requests. I am used to hard work and long hours. I remain teackabie with an open mind. I believe that a good leader has to fwst be a good follower. PERSONAL HISTORY I am $2 years old, married, with four cht_t_dren. I'm a high school grad~!e with 2 years junior college in business management. I have 30 -years of construction experience. I hold three different ContraCtor's Licenses: Florida, the U.S. Virgin Islands and California. I am currently applying for a State of Tennessee General Contractor's License. · am an active member of my church (SDA) where · am a Sabbath (Bible Study) teacher for an adult class. · am also on the Church Building and Nominating Committee and a Deacma · am a 13-yeur member of A. A. ,,and active on several committees within (2 yr. Former board member of Crossroads Club), I am the Cludrman of the Construction Board of ~ Appeals for the City of Delray Beach. Two years on Brentwood Il'dh Home Owner's Architectural Committee. I own a house in Boynton Beach where my family and · have lived for the last 14 years. · also own property in White Home, Tennessee and Delray Beach, Florida. Tennis, surfing, and jogging ore my favorlte pastimes. C · 1.' YON J.U:,& k'A..L O,J. :'4:) CITY OF OELRAY BEACH BOARD MEMBER APPLICATION .~. P~m. ~ --. RECEIVED NOV ! 3 ZOO! CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER AppLICATION ?. Listal! City Beau*ds ~1 which you ~c CmTenily M,-vblg OZ ~~t ~~~ccht emplo)~z. ~ position: J ~,ere: v cert/fy th It ell the el !ye statements am true. and ] mg~e end ~ ~,s~a ~' *~'~ conta*ed~.~'~ ~y ~use ~;tu. upon my p.~ gnp~~~ k~ ............. 3bmi~ed. ltwJU ~i~ ~nts~sib~~a~t~pJicmlonis~fil¢. ARCHITE~r60 · C~ter Obl~ctlve 'fo promote tl~ concept of Atr. hit~mre, Im~rior ~i~n ~d ~acili~ Planning ~ ~[~e~ ~d ~l ~ey encompass ~r~ ncc~ p~ilo~h~s~hich r~ze ~e in~uen~ of · e built ~vito~t ~ hum~ ~avior, ~uc~vi~ and ~gani~ti~l OL'°.~ ,o 06,"~4: 05.0.2: 07~¥ lo 06~6: o.~,'g3 to Blesland, Bouck & Lee, l~c. Engln~r~ and Scientists 185 N. W. Spanish R~v~ Blvd., Sui~ ! ! 0 Boca Raton, FI 3343~-4~30 407 750-3733, ~t. 255 R. $. Heisenbottle, Architects 340 M'morca Avenue, Suite 10 Coral Gables, FL 33134 305 446-?799 Cope Architect.~ ( ]~/vate Practice ) 1174 S. W. $~h Stree~ Bocu Raton, FI 33486-5180 407 368-5180 Barretta and Associates, Inc. ]001 Yamnto Road, Suite 301 ]~oca Raton, FI 33431 40'/ -Reh]er, Vaughn, Bealy & Koon~, Inc. 1250 N. E. Loop 410, Suit~ 800 San Antonio, Tx 78209 210 733-3535 ~-Th~ Breig Partnership 4l ! 6th Street San Antonio, Tx '/~t215 S } 2 22 %8043 I/4 C A r clt#¢aur~l £iaison: ~' Direno~. F. ~. & 1~..: Db~ctor. F.P. &~.: Pro. icc t Arc. btt¢¢t: :."........c, b,n Management Assistant: ?'ntjcrt Archit¢ct: Projen .4 rchttect: Ptcq.-,-: Designer: C Three Glacier Cre~k Park 61,425 sq. ft. ~ansion of coq~i,.:,,e h~adquaners Syracuse, New York 1994-95 Bluland, Bouck & L~_. In~. 12,~00 sq. fl. tanant improvement i~:a Raton, ]FI 1995 Bhshnd, Bouck & Lee, Inc. 1,600 sq. ft. remor," office Denver, Co !~$ Blasland, Bouck & Lee, Inc. 1,400 ~1. fl. remcne o~ee San Fnn~is~o. Ca ~994 Thoma~ A. Edison Middle School Complete D.C.ES.B. renovation/restoration of city block Miami, FI 19~] -94 Sugar Sand Park Ca, eater l~a Raton Beach Tax District Boca Raton, FI 1992-93 Sporting Club Bc~a Ealon 68,000 sq. ft. al~letic facility Joint venture wi~h Kisho Kurokawa Archlte~t & As~ocietes Tokyo, Japan 19~8-90 The Atlanta Sporting Club 80,000 sq. It i~hletic facility. Joint venl~re wi~ Kis~o Kurokawa Ad'chitoct & ^sso~iate$ Tokyo, Jnl~tn 198%89 J. P. Tanvella High S~ool Addition i~000 sq. ~ ~ging gience/g~eml cl~sr~ms ~al S~n~, Fl 1988 2/4 Project Coordinator/rob C~otain: Pt ,, i¢,-! ]~fan ager: .4.~.Gx:.~nt Pro]tct Do~gntr: Designer: Job Captain: Jefferson N&tionai Bank 3.000 sq. fl. intorior finish-out FI. Lauderdale, FI 1957 College of ~lu~t{on, Florida Atlantic University 90,000 ~. ~ in,iii,/tional facility ~ea Raton, Fl 1990-92 One Tumt~,~ Plaoc 155,000 sq.R. nin~mory class A office building -Aventura, FI · 1986-89 City View 228,000 SCl. h. ten-s~oo, speculative office building San Antonio, Tx 1986 Coca Cola Remodelin~ Phase Il !0,000 sq. fl. adminimation spa~e plan San Antonio, Tx 19g5 St~watl Cent~' Complete exterior renovation of retail shopping strip San Anumlo, Tx 1985 Patkside 35,000 sq. ft. speculative off,ce building San Antonio, Tx 19{4 Landmark 35 Busine~ Park Muhi-building offic, etwamhonse San Antonio. Tx 1984 C .3/4 C Bachelor of Archite~Jre D~si~n Sp~iaJintion, May 1984 T~s Tech Universit~ Lubbock. Tx Continuing Educational Units (CE-O's) Inuoduetion ~) AutoCAD 13 fcv Windows ,6~ Institute of lt. Lauderdale Ft. Laudcrdale, Fl Collegiate:. Pro. fcr$~ondl.. A.S.C. / A.I.A. Associate Student Chapter / American Institute of Archi~cts Texas Tech Unive~3ity ~ member of Delta Chi Ftntemi~. Texas Tech University Dean's Honor List Texas T~h Univ~sity Licensed Architect, State of Florida Regiswation No. AR. 0013552 N.C.A.R.B. Jq~tionai Council of Archkecmral Registration Bom'ds Pile No. 42,846 I.F.M.A. International Facility Management Association South Florida Chapter A portfolio as weU as pefsorml and/or professionsd references -are avoilable upon requasL 4/,4 · 08/14./02 FR! 12:43 FAX 56.1. 243 3774 CITY CLERK ~002 . DB. RAY ~iACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 5. Home ?bo~e: ; Ba~ess Phone: ~ ~d~ess: C~ Phone: F~x: 6. Arc yo= a re~stercd voter? Va~ If so, where ~e you z~st=ed~ _ L l~ Dei~be~p~mcei~ .~ ~owle~ ~ q~ you to , ~ / - _ SIGNA~ DA~ S '/ Note: This tpphcalion will zemain on file in the City Clerk's Office for s period of 2 years f~o~ the dste iswas submitted, It will be the applicant's zespomibility to ensure that I CUZz~t application is on ~le. FAX 561 .~43 ~?74 CITY CL~Rfi CITY OF D.LRAY BEACH BOARD MEMBER APPLICATION 19q3 2001' 2. Home 3. Lel~ P. c6dcn~e: 4. PJincip~] B~uia~u Ad~¢ss: State ~p C~e eob~d, h ~ be ~t app~cant's sespo~' ~o ~e ~at a c~em *ppb~on i* on file. RECEIVED JUN 1~ ,q 2002 CITY CLERK ELIOPOULO$ ARCHITECTURE, INC. Archilcc~ur~, Planning * Oe~ig~ A A0003179 GARY P El A(}P(}ULOS CURRICULUM VITAl,: PRINCIPAL Sir. F liopoulos has been practicing arcl~ccture in thc state of Florida since ! 985. during which time he has developed ztn acute portlblio of work and }alowledge pertinent to hospitality and commercial deveh,pment. EDUCATION PRATT INSTITUTE Bachelor of Architecture, 1985 PR ATT INSTITUTE Special European Studies program. Janu.'uT - June 1983 HARVARD UNIVERSITY SCHOOL OF ARCHITECTURE Continuing Education Prol~ram, September 1979 -June 1980 REGIS'IRATION Architect: Certified: Florida # AR 17527 Certified: Maine # 2544 Certified: Ma.ssachu.*:tts # 10875 Certified: Ne,.,,' ltampshize #2899 NC,ARB # 41,939 PROFESSIONAL AFFILIATIONS Memher 2" Vice Chair Member Fom~er Vicc Ch.ak Fom~cr Vice Pres. Former Member Former Chair Former Member City of Delray Site Plan and Appcarance Board Design Guidelines, Pineapple Grove Main Street City o£Delray Planing and Zoning Pineapple Grove Main Street School Advisory Council, Pine Grove ElementaO' School I.argc Home Task Force Leadership Delray 205 {.~orgr Bush Bird, · Dclray Lleach. FL 33444 s Phone: (5~1') 276-6011 · Fax: (561) 276-6129 · l'-m~ i 6. ' ..'~AI )1 .COM EXPERIENCE Mr. Eliolxmlos has an exlensive portfolio ofexperie~e and knowledge pertinent to project managetnent and mulli-disciplinc team coordination for a variety ofprojecl typcs. His experience with local, municipal and federal agencies in the arena of code research and interpre(ali~m, construction document dcvclopmenl, project implementation and ab~ity to coordinate witlt a multitude of consultants insures that each project is delivered with optimum efficiency and thorough detail with design. Most recently Mr. £liopoulos completed preliminary design for the Marius Bay 'l'ownhou.ne devek~pmenL I 0 high end 2 and 3 story units with a estimate budget of $4 million, 36,000 square foot project, is expected to be completed in the Spring of 2002. Other experience as a former partner with the Robert Currie Panncrship, to Mr. Eliopoulos' credit, incinded his n~magemenl respon.s~i]itie$ on the $8 million SI. Andrews Counlo' Club expa~ion a~ rem~vation where he managed a multi-discipline team of consultants and contractors as well ten an extensive permitting eflbr~ over a three year period. Mr, Eliopeulos served as the project manager fi~r Iht- U.S. Embassy in Be|jing where: he worked closely w'hh thc eagh~eering tean~ and representatives from DOS' IDF and architectural divisions to produce and manage thc projects $3 n~llion interior renovation. Prior to his position with the Currie Partnership, Mr. Eliopoulos served as primary architect or~ ol'thc cast coast's most successful commercisl/hotel devehq'n.q's. Wlfile associated with Ocean Properties Ltd., Mr. Elior~>ulos was responsible for preliminary site and building design for hotels, otliccs, retail centers, rcstauram and muhi- family projects, as well as mined use projects. The diversi~y of Mr. Eliopoulos' experience is fucther dc~ted 1l~l'ough his involvement with the Silo plan approval applications, presentation drawings, development ofcotm-aet documents, on site project admb~Lslration, and CAD proficiency. D~LI~A',' BEACH ( CITY OF DELRAY BEACH , * BOARD MEMBER APPLICATION Plea.se vo, pe nr prim the following inf'om~ation: ] L~st Home Address: _ega, t~esidence Principal Business ,q Wl-~! Boardis) me you inte£ested in serving;? Code t.i.~r all Cra,- lt~oards o, which YOU are currently serving or hove previously served: (~ include dates) Educar;ona~ual,fi~-~fim~s. i o. ~-~."~ an~ rcht~ed professional c~nifications and lice~lseS which you h~ld: } lO~e ,',,ur presem, or most ,'e~ent e~loyer, ~,~ position: . D~.~:, ~i.?e e*pcrie~cet, skills or knowledg'~ which quali£3, .you.to sed've on this tmaia: (Please attach a briefrestune'~. hereby cedi0 ~het 811 ~he ~bove stetements ere erue, end I eoree end understend thee ~s~ate~e~ or meteriel f~cts conreine~'~'on mey ceuse m~eiture upon my p~rt ~.~ o ~ CITY CLERK DATE ~is application will r~fi~fin on file hi ~e Ciw Clerk's O~ee for a pefiod~2 years ~om the date it was submitted h will be the applicant's responsibili~ to erasure fltat a ctuzent application is on file. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pk.e ~pe cz p,';~t ~e follov.,~ hfo,'-,.~ion: 2. Home Address:, , City Su~ ~ Code 3. Le~ Residence: City State Zip Code 4. Plincipal Business Address: City $~t~ ~ Code 5. Home Phone: Business Phone: ~-Msil Address: Cell Phone: Fax: 6. Are you a ze~,iste~ed voter? If so, where rte you registered? ?. V,,"nst Bo~r,~(s) are yon inter,"st~4 in s?in~...Please, list it~ orde~ Ofl~efe~n.c,': 8. List tll City Boards on which you are currently sm'in8 or have previousl), served: (pl,",se include d~te0 9. Educational qt~li~cations.' 10. List nh), ~hted Pro£e'ssion~l certifications and licenses which you hold: ' 11 Gi~e yo~ present, o~ most tecent emplo~,~, tnd position: ' 1Z Desnil~ experiences, s~nl, or imowled~e which quslif~ you to serve on this bo~d: (Please a~ch a 1 hexeby cex~ that nil the above stttements are tzue, snd I agree and undenumd thst any misstatement of m~te~ial facts contained in this application maI, cause farfeimze upon my pan of any appointment I may receive. SIGNATURE DATE Note: ~ application will rennin on ~]e/n the City Clerk's Office foz · pe~od o~:~ ~ L~/~[~te it was suhmh~ed. It ~ be the applicant's tesponsibil/ty to ensure that · cut~ent CITY CLERK DAVID MATTHEW HAWKE 121 Heather Lane · Delray Beach, Florida 33444 (561) 740- 4440 To advance and broaden my knowledge of complex architectural, aviation, transit, and public facilities projects; To intensify my contract negotiations, design/build expertise, and design/construction supervisor' experience. Masters of Business .Ad'mlnlii~alion Matymo~ & Georgetown Uniw~ities, h-Progress Master Degree in Architecture/En~neering University of Maryiaad Bachelor of Sdence Degree in Architecture Clemson University PROFESSIONAL EXPERIENCE: HAWKE & ASSOCIATES ARCHITECTS. L.LC.- President, May 1998 to Present - Design Director and Principal of a full-service architectural finn in South Florida. Specializing in commercial structures, medical complexes, and public facilities. The office pursues and has teamed up with large f~-ms on jo'mt-venture projects in aviation and transit as a consultant throughout the nation. MASSACHUSETYS PORT ALrYHORITY- Senior Project Manager, February 1997 to April 1998 Logan Modernization Program Terminal Area Raaa'~ays - Developed a preliminary design to complete Construction Documents in eleven months. The 1.5 mile two level roadway system has + 60 caisson foundations and complex structural design. The aixpon traffic and roadways must be maintained during difficult phased construction. Estimated cost - $125M. People Mm, er ,bX2~em (.41'1'0 - As~sted in the development of a ElS for a automated htermodial transit connector awaiting Federal approval and ISTEA funding. Prellmi.ary transit station design, alrsidd landsida aliL3~ments and profiles, curbside disruption, passenger convenience, and busing interface. Estimated cost - $30 M Phase I / $375 M Phase H. Quality Assurance Manager. Supervised four construction inspectors and construction supervisors for active Logan terminal expansion and aviation projects. Airport passenser movements, air carrier, and numerous concession must be maintained during complex construction. RECEIVED MAY 2'"1 2OO2 CITY CLERK pA~I~L. MANN. ,JOHNSON. & MENDENHALL: November 1989 to Janua~ 1997 Project Unit Manager and Contract & Procurement Construction Manager: Tren Urbano Mass Transit Project, San Juan, puerto Rico - July 1995 to January 1997 Bayamoa Alignment ~___~_n - Negotiated procurement and op~imi=*tlon, including design, procurement, proposal evaluation and construction management, ora large design/build contract for two transit stations, concession areas, retail spaces and 2.4 Irm elevated gnideway. Contract Award - $68M. Centro Medico Alignment Sections - Negotiated procurement and optimization, including design, procurement and proposal evaluation, of a complex design/build co.i, ~ct for three transit stations and a 3.2 Inn elevated, at-grade, and rctained-COt guideway. Couhact Award - $72M. Project Design/Construction Manager: Metropolitan Washington Airports Authority, Capital Development Program, Washington, D.C. - November 1989 - July 1995 New Terminal Bridges to Metro at Washington National Airport. Coordinated design, supervised and managed Cesar Pelli and Walker Parking Consultants for the design of the pedestrian bridges interface with Metro Transit OVIVlATA). Contract Award - $39M. Mi4_~_e/Nortk Parking Structures. Supervised design of two structured parking facilities for Washington National AL, pon and coordinated with Metro Transit (WMATA). Managed design and early construction of retail spaces adjacent to and construction withinNorth Terminal Mall. Contract Award - $57M. Rental Cars Quiclt Turnaround Facili(y - Coordinated with Rental Car Representatives and supervised the selection, negotiation, design, and direction of the architectural/engineering firm of Dewberry & Davis for the design/construction of rental car facilities at Washington National Airport. Conlract Award - $21M. Ame~eans Disabilities Act, Title 11, Design/Implementation. Contracting Officer's Technical Representative in selection, negotiation, and direction of Crreiner, Inc. for all public facilities, tenants, retail construction at Washington National and Dulles International Airports. Implementation Costs - $157M. Delta S-Gate Addition Interim Terminal. Managed and directed Delta Airlines and its architect Efflton Pale Associ_'~,~ Fun range of airport issues and interface with the airlines, concessions, retail vendors, construction and operations adjacent to active gates. Contract Award - $38M. ELLERBE BECKET. INC. Architect - March 1989 to October 1989 Leader of a convention center and hospital design teams (Children's Hospital Center, Washington Convention Center, WMATA). Designed and produced construction documents on five Washington office buildings with retail on ground floors. Designed long span convention centers. SKIDMORE OWNINGS & MERRH.I- Architect - January 1988 to March 1989 Significant role in the design of two large-scale public projects (Metro Center, David Childs, Washington, D.C.; and Sears Franklin Center, Dean Johnson, ChiCago, Illinois) and their imerface with the local urban fabric and WMATA. THOMPSON. VENTULETr. & STAINBACK & ASSOCIATES- Consultant-1986-1987 Worked directly with the Project Maturer of the philadelphia Convec~ilon Center. Long span structural designs incorporating convention space and interfi~ with existing nmss transit (SEPTA) facilities. Developed designs related to A¢lsnta Convention Facilities and Expansion of an existing eonvention center. PORTMAN. RABON. HATCH. & MeWHORTEIL ARCHITECTS -Architect - May 1986 Member of design teams 0tilton Intercontinental and Hyatt Hotels). Experienced hotel design from schematics through construction. Working relationships with three principals, mass transits stations with MARTA engineers, gift shop, retail shops, and hotel management. Member of design teams (Hilton Intercontinental and Hyatt Hotels). Experienced convention center design bom schematic design through construction. Working relationships with three principals, mass transits stations with MARTA engineers, gift shop, retail shops, and hotel management. PROFR,E: COMPUTER: Massachusetts - License # 9840 District of Columbia - License #5030 Commonwealth of V'~nla - License #10736 State of MarYland - License # 9846- MD State of Florida - # AR 0016510 NCARB Certification # 42,428/File # 37,412 American Institute of Architects - January 1983 - Present Southern, Standard, & BOCA Building Codes - Examiner and Inspector AutoCAD2000, Intergraph, G.D.S., WordPerfect, Primavera Maryland C-raduate School of Architecture Palazzo, Massimo and Roma, Italy Cultural Associations - Pension lvrunosa, Pantheon, & Florence, Italy French, and Italian {Broken) Ivtay 10, 2002 www;Hawkcarchitects.¢om Ms. Karen Schcll, City Clerk C~ Clerk's Deponent City of Delray Beach 100 NW 1= Avenue Delray Beach, Florida 32*.*.*. P,~ference: Application for Advisory Board & Committees - Request for Membership or Alternate Position- City of Delray Beach- 2002 Board(s) ThRnk you for your assistance in ~he ~pplica~ion process of the City of Delray Beach Advisory Boards and Commlt~ees. ! ~m requesting in writing a potential position on the following City of Delray Beaches' Advisory Boards and Committees. As requested, the list of boards are arranged in order of preference. Please note, the following list: Site Plan Review & Appearance Board pl,nnlng & Zoning Board Downtown Development Authority I sppreeiste your sssisUmce to submit my-sine for the board(s) listed above. Thank you for your assistance. If you have any questions, please contact me at (561) 740 - ~.~?.0. Th~nk you in advance. David M. Hawke, r,~ Hawke & Assodates, Arc, him !! C Florida Lic~ce # AR 0016510 c~: file, -~.~ents (Oronnd Floor Plan) ! 21 Heather Lane Delray Beach, Florida 33444 RECEIVED HAY 1 .fl'2002 P. (561) 740 - 444.01TYC CLERK F. (S61) 921 - 0444 DELRAY BEACH 1993 2001 1. I~st Name: 2. Home Adckess: CITY OF DELRAY BEACH BOARD MEMBER APPLICATION infosmation: State ~ Code State Zip Code 4.. Principal Business Adckess:' 5. 'Home Phone: 6. Ate you E-Mail Add~esi: 8. List 9. ~2ca_~on~J qu~lifi""tions:A _ . 10. I~st any tehted professional certifications and _licenses.which you hold: .,, .- , 11 _Give ou~ resent, or most recent employer, and position: 12. D,'s _csibe e~a'iences, skills o~ kno_wI=d~ which ,:lu~li~/you m sm,-. on this bo=d: (Pl~se smch s b,-i,.£ r,.sum~)- herebl/certif7 that dl the .bore s=Lemen= L,e ~~ ~~d ~t my on~ ~ ~ph~~se ~otf~e upon my p~ of ~y appoint I ~y ~e. . ~s~" - ' CITY CLERK ~ Note: This application will remain on file in the City Clerk's Office for a period of 2 yeas fxom the date it was submitted. It will be the applicant's tesponfibility to ensuxe that a cu~ent application is on file. CHRISTINA MORRISON, CPM BACKGROUND DATA Christina Morrison is a Certified Property Manager (CPM) and a Licensed Florida Re~l, Estate Broker. She has been active in the real estate industry for over 20 years; her area~ of expertise include acquisitions, development, property manageme.n, t, sales and leasing manag6men~ training, and all'pha.~e;~ of real estate .marketh'fg, For the past SeVeral years,. Chris has been the Director of Property Management for the Southern Division of the pennSYlvania Real Estate investment Trust (PRE]T), a publicly-traded company based in Philadelphia, Permsylvania. Her duties included the supervision of apar~ent portfolios ran~ing from 2300 uniis to 3100 units in several states, the successful re-development of three apa~iuLent properties, and the authoring of the company's Polities and Procedures Manual and various training seminars on Leasing, Fair Housing, Safety, and assorted other topics. Prior to joining PRE]T, Chris was National Marketing and Training Director for Regency Windsor Companies, an ap~u:.-aent development and management firm based in Vero Beach, Florida. Chris' responsibilities with Regency Windsor included the analysis, development, and coordination of marketing activities for all properties managed by Regency Windsor, encompassing over 12,000 apa~;..,ent homes in eight states, and the development and implementation of various training programs for all Managers and Leasing Consultants. From 1991 until 1994, Chris was Director of Property Management for First Montgomery Properties of King of Prussia, Pennsylvania, overseeing the management and leasing of over 3,900 apa~'tu,ent and condominium units in four states. Chris is'a graduatelof Penn State University and is a Past Direc~r and President of. The Institute of Real Estate Manag'eme.n. t, Delaware Valley Chapter..She is. currently Pres~dent-Etect of the IREM ~ West Palm Beach Chapter. (~3xris is also a national ' instructor for the Institute of Real Estate Management, based in Chicago, Hllnois, and trains Property Managers and I.ea~ing Consultants throughout the country. 2~M I~3RIDA BLVD. D]~J~,AY I~A(~I, FI.131/IDA ~ 561.2~2~8 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please l~pe or print the following infonmtion: 1. Last 2. Home Address: 3. Legal Residence: 4. Pdncyal Business Address: _City Ci~ % State Scare Zip Code_ ~ ~.~- 5 Zip Code Zip Code 5. HomoPhone: I Business Phone: E-MsilAddress: [ CellPhone: I Fax: 6..Are you a ze~stezed votez? If' so, wh~e ~e yon re~dstered? 7. _What B.~ard(s) s.re you interested in ser~fingP Please llst in order o.f p~ef. erence: -- __ 8. List ~ll Cit')' Boards on w~ich you sre currently serving or have prm'iously served: (Please ~nklude chtes) 9. Educs6on~ quslific~gons: 10. ~st ~)' r~ed p~ofes~onzl ce~ficagons and hcenses w~ch you hold: 11. Give yo~ present, oz most recent employez, and position: I h~ebY c~ ~at ~ ~e Jb~e s~c~u ~e ~e) ~d ] ~ ~d ~dm~d ~at ~y ~s~t~l o~m~t~ facts S~NA~ DA~ Note: ~s a~phcadon ~ re~ on ~e ~ ~e Ci~ Clerk's Office for a p~od of~~~e it was sub.ned, h ~ be ~e apph~nt's ~e~ongb~ to ~s~e ~t a ~t apph~gon ~ on ~e. CITY CLERK March 21,2002 Karin Schcll City Clerk's Office City of Delmy Beach 100 NW 1st Ave. Delray Beach, FI.33444 Dear M~. Schell Samuel Resnick 2835 SW13th Street Deb'ay Beach, FI. 33445 Ph~ 561.330.8419 As per our phone conversation of to-day, I am submitldng this letter. When I retired and moved to South Florida in 1995, I volunteered to the City of Delmy Beach for any commission or committee that could use my background. Unfo~m~tely, I was not living in the city proper and could not serve. I have recently moved to Pines of Delray West, at the above address, which is in the city proper. I am again requesting to be considered for any commission or committee. Enclosed please find my res,,me and a letter from the Mayor of Norwalk, Ct. Hoping to hear from your office. Snmuel Remick 2835 SW 13th Street Delray Beach, FI. 33445 Phg 561.330.8419 Resume of Samuel Re.~nick 1. Education a) Graduated fora 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 Admini,ntrators, Interllational. (BOCA) 2. Licensing a) Retired professional e~neering licenses- FIorjrla, Conne~cut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, penn~Ivania, and the National Council Architectural Review Board. c) Certified as ChiefBuilrling Official by State of Connecticut in 1979. 3. Or?niTatious '~'a) Was member of State of Connecticut Codes and Standards Committee fora 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technlcal College. c) Member of the construction panel of The American ArbiWation Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 1996. a) Oct. 1991 to Mar. 1995- Consult_ant 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 en~nering school) worked for various architectural and en~neel'in[ firms. OFFICE OF THE MAYOR FRANK J. ESPOSITO, MAYOR February 23., 1995 · Thle letter'ls by-~my ~f introduCtion to a ~ f~ne architect-~nqineer fro~ S~ retired fro~ the Cl~y in 1986 ~t~ ~ ~ of ~ice as ~e Dtre~or-of ~e de. mt of ~e ~fom~tj*'- In '1991 h· ms hir~ ~*to ~e ~e ~or~ent offi~ as a ~sultant for 3 1/2 ~e~;' (~o~'1,' 1991 to Ha~.~ City Coordin. at?r for the ~aertcan 'with Disability all city buxl~s, includi~ s~ls, for c~li~ wi~ ~A. Also; prepaid ~e ~ition Plans Sharing ~e~s Xa~or's Liaison ~o ~e N~lk S~I ~ildi~ ~ittee co~tttee ~etin~ ~re att~ed. City representative for the construction of the Concert Hall at City Hall and repair of water damage st Rowayton School. Code and cost analysis of various school alterations and addition work.: ..Sa~ 'is licensed in Connecticut, Hew York and Florida u a reqlst~red erchitect, end in Connecticut, Hew York, New J~y and Florida as s professional, engi~e~r. He ' is ,'-held ._~ ~ high .~r~ by ~e ~n ~s~, P~fessional field ~ ~e city. S.a~ has hen un asset to Norwalk. We are sorry to see ld~ leave but we wish hen well in his new home state of Florida. It is with pride that ! give this letter Of r~endatton to a man of Sam's' caliber& He wall be an asset to any organization with whom he becc~es associated. ~AYOR PO~'T OFFICE BOX $125 - 125 EAST AVENUE NORWALK1 CT 0~:$~*$125 ,. TELEPHONE :' . ~ D£LI~AY BEACH, 1993 2001 ?0M?iit:> BD!i.H ~:LDG, [,]:F'T FAX t:<:i. !]54 756 CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION State Zip Code 3. Legal Residence: City Sute Zip C~e 4. P~p~ Bus~cssAd~ess: ~ 5. Home Phone: Bus.ess Phone: ~M~ Ad'ess: C~ Phoae: Fax: -' ~ ~0, whexe ~e you teDstered? 9. ~ Bo~d(s) ~e you ~t~es~ed ~ ~e~'~g~ Ple~e Us, ~ order ofpref~enc~ 10. ~st ~3' zchtcd p,ofessio~ c~flufions ~d ~censes w~ch yo~ hold: ' 11. Gh'e yom presenN o~ m?t recent employez, ~d position: ~z~E~. o,~ ~,~-~<~-.~ /~ (~. l/~-~q / ......... ..... ,, This .pphcafion~ e~-,n on file in the Ci~.. ~ ) submitted. It ~ be the applicant's tespons~blJitY to ensure tl~tRECEi ' m~aon ls,~,,,o,~.L,C..o.on ce. JUN I 3 2002 ~.tTv CLERK · $(!I-1.:-01 :~;EKi '): "-'- ii~f [::M['A}E' I::EA:.H I::LI:!:]. I:i:['T FiX ti<ii. ')54 7;5;{, 4~.,77 ['. : SEROME SANZON E 200 MACFARLANE DR. DELP~Y BEACtI, FL. 33483 (561) 243-3299 March, 1989- lune, 19$6- March, 1989 June, 1984- June, 1986 OUTLINE RESUblE City of Delray Beach 100 NW 1~ Ave Delray Beach, Fl. 33444 City of Oaldand Park 3650 NE 12' Ave Oakland Park, FI. 33334 City of Pompano Beach 141 SW 1~' Ave Pompano Beach, Fl. 33060 Sune, 1980- Self-Employed June, 1984 R..R. 2, Box 816 Pompano Beach, FI. 33067 April, 1978- August, 1980 October, 1986- April. 1979 August, 1965- October, 1966 February, 1963- August, 1965 April, 1960- December, 1962 February, 196G- February, 1963 June, 1959- September, 1959 General Development Corp. ! 111 South Bayshore Dr Miami, FL 33131 American Plywood Assoc. PO Box 11700 Tacon~,WA. 98411 Rinker Materials 805 N. Railroad Ave. West Palm Beach, Fl. Lindsley Lumber Co. Steel Division Dsnia, FI. Security Planniug, Inc. First National Bank Bldg. Miami, Fl Dade County Highxvay Design Section C & C Consn'uction 613 Tabor Place Investor Plamfing Corp. 60 E 42~a Sxxeet New York, N Y Building Official Building Official Assistant Building Official Construction Cousaltant & General Coneractor Director of Prin~ry Housing Sr. International Field Services Representative Eng. Coordinator Field & Fabrication of Projects Estimation, Deisiling, Pield Supervision, Customer Relations Sales Representative Estimator & Designer Designer Sales Representative JEROME SANZON£ 200 I~f. ACFAI~LA~qE DR. D~LKAY BEACH, ItL. 33483 (561) 243-3299 OUTLINE R.ESUME (CONT'D) Sept. 1958- Nexv York City Conmmnity Jan, 1960 College 300 Pearl St. Brooldyn, Sept.,1955- Sept.. 1958 June. 1954- Sept, 1955 United States Am~y Levy & O'Keef 171 Madison Ave New York, NY Consl~¢tion ABS Degree Corp of Engineers Mechardcal Design Date of Birth: Marital Statos: General Health: Military Service Certification: School: Organizations: PROFILE August 27, 1936 Married Excellent US Anny Corps of Eng. - Honorable Discharge, 1955-1958 Florida State General Contractors License #CGC-007690 Certified by the Department of Professional Regulations in thc Following areas: Buildhtg Code Adnsinistrator; Structural Plans Examiner and Inspector; Electrical Plans Inspector; Mechanical Plans Inspector Plumbing Plans Inspector C.A.B.O. Certified Building Official #923 Florida Board of Building Code and Standards Certificate #111 Building Officials Association Building Code Director Certificate #147 South Florida Building Code Building Official, Chief Structural Inspector and Plans Examiner NYC. CC A.B.$. Degree in Construction Technology Florida Atlantic Builders Association Chairman of Affordable House Conm~ittee Goverrm~ental Affairs Coram~ttee Builders Association of South Florida Co-Chaim~an of Teclmlcal & Comtruction Conm~ittee Consmtctlon Specifications Institute Building Officials Association of Florida JEP. OM£ SANZON E 200 MACFARLANE DR DELI:LAY BEACH, FL. PROFILE (COl,IT'D) Boards; Languages: Broward County Construction Industry Licensing Board Palm Beach County Building Code Advisory Board Palm Beach County Fire Code Advisory Board Fire Code Board of Adjustments and Appeals SBCCI By-Laws Commil~cc SBCCI Code Interpretation Committee SBCCI E~,isting Building Code Committee SBCCI General Design Con'znittec BOAF Resolution Comm.ittee Palm Beach County Hurrican~ Retrofit Conu~itx¢c Patm Beach County ph~mbing, Elec~xical and Mechanical Review Committee Italian, Spanish, Japanese and Latin WEE' 9:'-5 A}~I ?':~MF'.!II::' I::E.k<:H £:L[':3, [,EF'T F.':::: ~I:. :954 ?:::~, 4(,77 JEROME SANZONE 200 MACFARLANE DR DELR.AY BEACH, FL. 33483 US Dept of Agriculture National Homes, Inc. Ryan Hocnes G.D.C. Heller, Weaver & Assoc. ITT Norlhwood Industries MarChem Everglades Chemical MCI-Carter Coating C.A. Marando Florida Division of Law Enforcement CONSULTING ACTIVITY Set up constrnctiof~ companies to build fnas$ housing and train Personnel in Venezuela, S,A., 3 projects slatted. Acquire product approvals for their system under the SBCCl and SFBC. Analyze and solve construction problen'~. Analyze and solve construction problems. Evaluate buildings for eo~:~do conversions. Developed site plan for planned con~munity in S. Dade Evaluated stolen. Ires at Palm Coast i,x Bu~mell, Fl. Approved as expert witness in American Arbitration and Federal Court. Analyze and solve problen'm of consto~ction applications. Advised on marketing of construction products and gained code approvals. Advised on marketing of construction products ac~d gained Code approvals. Advised on marketing of construction products a0.d gained Code appruvals. Advised on marketing of construction products and gained Code approvals. Advised on marketing of construction products and gained Code approvals. Analyze, investigate and evaluate projects as -.veil as testify as An expect witness for the Construction Fraud Case JEROME SANZONE 200 MACFARLANI~ DR. DEI. RAY BEACH, FL. 33483 PROFESSIONAL ASSOCIATIONS An~erican Concrete h~titute (ACI) American Institute of Timber Consmaction (AITC) Building Officials Association of Florida (BOAF) Building Officials Association of Palm Beach County (BOAFPBC) Building O~cials and Code AdnKnistrators (BOCA) Construction Specification Institute (CSI) Council of American Building Officials (CABO) Imernational Conference of Building Officials (ICBO) Southern Building Code Congress International (SBCCI) PROFESSIONAL CERTIFICATIONS Broward County Board of Rules and Appeals: Building Official/Plans Examiner Building Officials Association of Florida: Building Official/Deparm~cnt Director Council of American Building Officials: Building Official Florida Association of Plumbing-Gas-Mechanical Inspectors, Inc. Stale of Florida, Department of Business & Professional Regulation: Building Official/Code Adn',inis~ator, Plans Examiner, Inspector State of Florida, Deparm'~ent of Business & Professional Regulation: ~3eneral Contractor State of Florida, Florida Board of Building Codes & Standards: Building Official RELATED IND. USTRY ACTIVITIES Building Association of South Florida: Co-Chairman, Construction & Codes Committee 19g0-81 Chaim:an, Palm Beach County Fire Code Adviso~ Board 1990-94 Chairman, Palm Beach County Fire Code of Appeals & Adjustments 1990-9~1 College of architects, Engineers & Surveyors Seismic Commillee 196g-73 Low Cost Housing Committee- Puerto Rico 1963-68 President, Building Officials Association of Bro'.vard County 1987-88 President, Building Officials Association of Palm Beach County 1994-95 Southern Building Code Congress lntemationa| By-Laws Comrmaee 1992-93 Southern Building Code Congress International Code Interpretatioo Committee 1994-95 Southern Building Code Conference International Existing Building Code Committee 1995-97 Southern Building Code Conference International General Deiign Committee 1997-Presem CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~EFFREY Sn.nERgrEIN, ~:lA., ~ II)~¢ATIO~: ~ Clark University, Wm~eater, ~ h'beral Am IvUjor ' Boston College, Boston, Ms. Economics major, one year Architects Medal for Excellence in Architecm~ Education Harvard University Oraduate School of Design, June 1989 Harvsrd University Oraduate School of Design, July, 1996 CERTIFICATION: Registered Architect: Florida and m!,,nis Silberstein Architects was founded in 1990. We are ~ ~l~:,i! ~ v~lh a rep-t~on for innovative design and delivering projects wlt~!,~ budge! and on ghod~e. T~s i~ ~vide~lt as we continue to work with repeat clients and referrals generated by our ~putation. Our success evolves as we assist clients in defining project goals well before su~esti~ solutions, a process thst creates a full undersumdlng of objectives before transformation into reality. Mr. Siiberstein has pranced architecture, both nationally and intem~onslly for over 21 years with a list of prominent ~rchitectural flints n~d projecU to his credit. He has been associated with many buildi%o types, including educational facilities, oeSce interior oeSce and r~sideutial ~uova~ons, musem~:~ art galleries, reli~iom fltcih'ties, The Americafi Institute of Atchite~ has ~n_.o!ed l~veral of these ex~mmi--~ions out for ip~ia] h, onor~ ~fl 19~8 'Je~]~.~y 'Si.lb~'~ was.awarded The Awed of Honor.for Design 'oy The American lnstltW, e of Archi_tects. He was reco?i,ed for "the high qunlity and ori.~,,,,ii~ff of his work ow~'nn extended period of time". I-Fa work has been featured in The Miami Herald, The Sun - Sentinel, The p.~rs Beach Post, Florid Architect, Interior Design, The Boca Ratm News, Architecurnl ~ and other international publlcalio~. Mr. Silberstein hns served as, a gust wriun' for tbe Hartford Aml~tecUmfl Conservancy and The Palm Beach Post, a critic member of the Works of Art C.~mmi~e oftbe Boca Eaton Musemn of Art, a member of Junior Achievement and on the Boca Rato~ Com~ Redevelopment Agency Task Force on The Grace Commi~elon. He cu,,m,i~y serves as Chalrm~m oftbe Board for The Toussaint L'Ouveture High School for Arts nmi Social Justice in Del-ay Beach, Florida. Eh'. Silbers~-"in resides wilh his wife Rosemary Ired tw~ daugt~rs, Angelica and Sarah in ( Boca Raton, Florida. PROJECTS LIST OF PROJECTS: SCHOOLS: Boca R~ton Co,~munJ.~ High ~qchool,-Science'A~ md ]~ust~ PLu, Boc~ ~ FI. AIA Awar~t for excellence in Design 'Florida Atinnllc University, ~ollege of Education, Boca Ratoo, Fl. Hunt Elementary School, Coral Springs, Fl. Harid Conservatory, Boca gaton, FI. Temple brael Early Childhood, West Palm Beach, FL All - Star Academy & Sports Camp, Delray Beach, FL Temple Bet Emet Early Childhood and Grades 1,2 &3, Cooper City, Fl. Tonssaint L'Ouverture High School for Arts and Social Justice, Delray Beach, FI. MUSEUMS: Museum of ModeFn Art, Scoul, South ~ AIA Award for Excellence in Design. The Gallery Center, Boca l~ton, Fl. Mortkaml Museum, DeL-ay Beach, FI. SI~ECIJ~TY PROJECTS.' West Regiomd Courthouse, Phntation, FL B'noJ Torah Congregation, Boca I~ FL Tempk Israel, West psllm B~ Fl. Boea Raton Mausoleum= Boc~ Rston, FL Temple Bet Emet, Coop~ City, Fl. ( Curm~ ) Temple Israel, West palm Beach, FL (Current) I .l.qT OF PROJECTS: arsmEp r L.. National Custom Homes: Custom Homes Wycliff Country Club: Custom Homes Governor's Walk, Delray Beach, Fl. NeaPs Market Townhouse Co*-muni~/, Delray Beach, Fl. (Current) KalJmvnn Residence, Les Jardl.~. Boca Raton, FI. (Current) Hakkenberg Residence, Bonalre, Neth~rhmds Antilles Featured in Caribbean World Magazine Fogbt Resfdence I, Bonaire, Netherlands Ant~!?~s AIA Award of Honor For Design Foght Residence IX, Chicago, l]llnois (CmTent) Foght Residence ~X, Bonaire, Netherln*~t~ Antilles (Current) Richman Residence, Delray Beach, Florida Llttman Residence, Bonaire; Netherlands Antilles ~.a~zev Residence, Bonai~ ~e~dands ~lles GaFdenh l'hce Townhouse C~m~,,,anf~, I~ __~dale By The Se~ FL One Young Ch*cie Condomhtfqm Tower, Hollywood 13~¢~ FL Andrews Resldenc~, Ocean Ridge. Florida Andrew's Residence I~ Ocean Ridge. Florida ( ctrrent ) TJckttn Residence, Ft. [~,,,d_..~lale. FL LI~ OF RES1D~ PROJECTS COh-~'h'~ll,m~ RESIDENTIAL: Botman Residence, Bomire, Netherhncls Antilles Epstein Residence, Wesmn, Florida Green Residence, Boca Retort, Florida Pineapple Place Condominiums, Delra¥ Beach, Florida Schmler Residence, Delray Beech, Florida SchlJcht Residence, Boca Retort, FL Nucldes Residence, Delray Beach, Florida Coribbesn Blue Condominiums, Boneire, Netherlands Anti.ties (Current) Cohen Residence, DeL-ay Beach, FI. (Ca, rent) lkoin Residence, Boca Retort, Fl. (Current) Schafer Residence, l~hnalapan, FL (Cun~nt) King's'Row Tow~houe Com,~,mlt~, Delrey Beach, Fl. (Current) LIST OF PROJECTS: O.¥1,'ICE BUTL~ING$: Bank.or No.s coff ,-Cura , N he tnds Pr~den~l CbOe, Ho~ ~. ~ner ofm~y dui~ Management S~tem World.de, ~. ~y B~ FI. (~) W~ Studios, Bo~ ~toK FL ~ Award for ~ce~a~ k ~. N~ Ba~ B~ ~t~ ~ ~ ~,~.~ squs~ of o~e~ space p~nning f~ H~ M~M H~& ~, client. Spec~m Office Par~ T~ ~ 45,~ ~fOffi~ B~d~; Ft ~e, FI. S~ h~, ~y B~ FL Sfl~nteh A~t~ ~ B~ FL ~ A~rd for Exce~ence h D~J~ 2~. Office Bufld~g for Dr. Re~, De~ B~ FI. (~l) COMMERCIAl/RETAIL PROJECTS: Hertz Se. rvJce and Ren. tsl Facilit~, WL~.,~ Locla, .C.~cu~ AIA Award Boos-Valley Shopph~g Cen. ta', Boca Paton, FI. Key West Espresso & Ice Cream, Key Wes% FL Litiman Jewelers, Bonaire, Nelb~lands ~till~s. Litiman's At The pl~--. Bo~ Neiherlands ~fltill~s LJmn'$, Bo~aire. Netherlands ~r~11es Peppercom's Cnfe, K~ ~e~, FL LIST OF PROJECTS: HOTELS & R~SORTS: Pnradise Village Tulip Hotel, Cu~c~o. Netherlands Antilles The Hamlet Resor~. Bonaire, Netherlands ~.~il]~s Avih Bench Resort. Curacao, N~erlands Antilles MIXED USE PROJECTS: Union Station, Hartford, Conne~icut · Pineapple Place, D~lray Beach, Fl. One Young Circle Coudominium Tower, Holl~t Beach, Fl. Slr~ Office hud Retail Complex, Delra¥ Beach, Fl. RF~COGNITION RECOGNIIION: Americtn Institute or. ,~rchitects Awards for Excellence in D~ign: - Boca Raton C. om~vnity High school, Boca Raton, Fl. WLMK Studio, Boca Rat~, Fl. Foght Residence, Bonaire, Netherlands Anti,es Becker Residence., Boca Raton, Fl. Museum of Modera An, Scoul, South Korea Silberst~ Architects, Delray Beach, FL Award of Honor for Design from The Palm Chapter of the American In.stittne of Arclgtec~ to Silberstein Architects for their outstanding contribution towards architectural design. Jeffrey Silberstein was cited for the "lg~,h quality and ori~nA,ty of his work over an ex~ended period oftim~'. 1998 Publications: Architectural Record Florida/Csribb~n Architect Boca Raton News Sun - Sentinel Miami H~rald Interior Desi/n . DIaZ German Design publication - Aatillean'R~vi~w · Caribbean World Ma~azine ~T OF PROJECTS: Bun.r*INGS: Presidential Cfrcle, HoHym)od, Fl. Winner o! many design awards. Management Systems Worldwide, LLC, l~=ray Beach, FL (Current) WJ-MK Studios, Boca Potton, Fl. AIA Award for Exeellenee in Design. NCNB Bank, Boca Rata2, FL Over S00,000.00 square of offea space planning for Henderson Mental Health Center, WR Grace, Trnmmel Crow, Gampel Or~an~,~tion, Panther Re~t~, and othe~ corporate clients. Spectrum Offee Park: Tw~ Phnse 45,000 s.f O~ee Building, Fl Lauclerdale, Fl. Sirs Inc., Delrs~ Beach, Fl. Silberstein Architects, Delrsy Beach, FL AIA Award for Excellence in Design, 2000. Office Building for Dr. Reilly, Delrsy Beac~ FI. (Current) COMMERCIAL/RETAIL pROJECTS: Hertz S~r'vfea.and Rental Ftc~llty, W'mdsor.l~cs, Connec~cut. AIA Awar~l Boca VnHey Shopping Center,'B6ca Rnto~, FI. Key West Espresso & lee Cream, Key West, FL Llttman Jewelers, Bonaire, Neth~-~d-.~nt~lles. 12ffmmi'l At The Plaza, Brmnb'e, Netherln~ .Antilles Llttmnn's, Bonali'e, Netherlands .A, ntZlle~ Peppercorn's Cife, Key West, Fl. LIST OF PROJECTS: HOTELS & RESORTS: Paradise Vii/age Tulip Hotel, Curacao, Nettierhnds The Ibm]et Resort, Bonabe, Avila Beach Resort, Curacao, Netherlands MI~X~D USE PROJECTS: Union Sm*ion, Hartford, Connecticut Pineapple Pince, Delray Beach) FI. One Young Cfrcle Condominim Tower, Holl;5'wood Beach, Fl. Sirs Office and Retail Complex, Delray B~cl~ Fl. 1NTER/OR - Becker'~eside~ce, Boc~ Paton, FL A.LA. Award 199~ Foght Residence, Bombe Netherlands Antiiles~ A.LA Amd 1997 Agardy Residence, Boca P4tc~ FL Green Resldenee, Boca Reton, Florida Simon & Simon Law Offices, Delr~ Beach, Florida WJ-MK Studios, Boca R,uton, FL AIA Award for Excellence in Design. RECOGNITION RECOGh~-~]ON: A~eric~ Imfltute of Arclg~eets A~rds for Excellenc~ ia Design: ' Boca Raton C~aity High school, Boca Raton, WLME Studio, Boca Rato~, FL Fogh! Residence, Bomire, Netherlands Becker Residence, Boca Ra~on, FL Museum of Modem ~ Seoul, South Korea $ilberstelu Architects, Delray Beach, FL Award of Honor for Design from The Palm Chapter of the American Imlitute of Arcldtects to Silberstein Arclgtecte for their oumaoding contribution towards architectural design. Jeffrey $ilbers%-in was cited for the "high quality and originality of his work over an extended period of time". 1998 Publications: Boca Raton News Son- Sentinel Miami Herald lamior Design , . . DB.'Z German Design publicalion Carib ,b~m World Silberstein Architects, delray beach, florida Foght Residence, Bonaire, Netherlands Antilles The island of Bonaire in the Netherlands Antilles is located 38 "miles north ~fVenezuela. After spending ten winters on the island, the owners of this house bought property on which to build a · permanent winter home. Bounded on three sides by.r~sidential lots and a two-lane road, the hous~ faces west toward the oc.ean. With 3,000 square feet of floor space, the two-story house has three bedrooms and two bathrooms on the first floor along with family room, storage and kitchen and a large master suite and library on the second floor. The plan resulted from a clear program and speciflc site conditions. For reasons of noise, privacy and security, the front of the house has two wings, garage and guestrooms, connected by a privacy wall that creates a barrier between the house and the public road. The house can be entered through an ornamental doo .nvay leading into tile courtyard ' or t.h~'ough.the garage· .The co.urt- yard is enclosed by the guest.wiiag on the north, the living room on the west and the garage on the south. A stairway leads from the courtyard to the master bedroom suite on the second floor. This suite is directly above the living room and fronted by a terrace on the west that overlooks the court- Photo, tOp: West elevation of the house aa uen from thy octan; Above: Second/loot re. race on th~ u*tst that o~)a tht counyaral and ~tea#. P~otot ~ Chuck Wi'lin'ns. ARCHITECT yard as well as the ocean beyond. Thc courtyard, with its 30-foot long fountain fringed with seven water-spouting frogs on each side, acts as a buffer against roadway noise while providing privacy for the three guest bedrooms. The guest bedrooms have access to the main living room from the courtyard, as well as to the The floor plan is'axial. From the orn.ainenta, l courtyard gate that serves, as · the front door, there is a direct view of the ocean through the courtyard, living room and terrace. The terminus of the axis between the front door and the sea is a radial cedar deck that cantilevers over the cliff. This deck is edged with cedar bollards housing indirect lights. Below the deck are lights that illuminate the sea. Views from the house were important to the client so most of the rooms have direct views to the sea. Windows and doors are typically located opposite one another to allow cross ventilation during the months when air -conditioning is not necessary. All of the floors and bathrooms are finished in limestone and all other surfaces are painted stucco.. Do~rs and windows were custom de- ' sign.ed and ~hade of mahogany craftsmen on the island~ .ll~,ida/ttr?~'tn ARCHI'IT. CT wlmer 2001 ,2~ TI~ PALM BEACH CHAFrJ~ IS PLF..~I~D TO ¢ONFI~R ~ AWARD OF HONOR FOR DESIGN FOR'~. OU'I~%NDING CON~RIBIJTION :BUSINESS ~Jn-Sef~tbl(d, Mmday, FM:x'uary 6o 1990 ; FUTURE :DESIGN"" Architect~ are remodeling buildings .. .... · .to.~atisfy'S.O, phisticated buyer~. 8 '-::. ::-. "~-"'i · SUNDAY, DECEMBER 7, 19(. 'WHE -ZI RAS'ONCE ROAME[ T 'We liked the idea of* -having a park so ~lose ...' ~g ~ Cas~.) ~ty m ~p~e~jl b~ ~ ~ ~ ~c~ ~a f~ ~ ll,,~re a~ ~re ~y ~ ~ ~m ~ ~ t~y ~y U~ ~ ~'~ ~ ~3i~ ~d a ~3~ fl~ ~ ~y ~.~ Moving Up* Jeffrey $ilberstein Oumer, $ilberstein Architects, lnt~, in Boca Patton Recent eccompll~h- merits: Jeffrey Sllbe~tein of SLlberstein Architects Iht'l, Boca Raton, is the 1998 Award of Honor whner from the Palm Beach Chapter of the American Institute of Architects. · for advancing the cause of out- stand~g architecture and pro- vid~g inspiration to fellow practitioners. ~s design of a twe.stor% four-bedronm resi- dence in Bonake, The Nether- lands An~lles, was the overall winner in the "Built Project" for its rangement built into a ~ngle- vored deddn& oveflook~ the '"Xt wsa*a challenge because* it was a vel'y narrow lot," he - Jeffrey SIIbersteln (above) designed the Ali. Star Academy In Delray Beach. His design of a two-sto- ry, four-bedroom res- idence in Bonaire, The Netherlands An- tilles (left) won an award from the Palm Beach Chapter of the American Instl-. tute of Architects.. HEATHER S~U.Wn'Z/ Clark Urdversity and received his professional de~ree from Pratt Institute in New York. · A~e: 44. Personal: Married to Rose- mary and has two daughters -- ~ays. "I was able to (xante a ome that gave a lot of pr/v~cy. "The is v.en 1.0, nd.. Smh, 6: . An yem, once a year. All other entr~es -received me~t~ I~s · real bm- ungm~y n-om ~uracao, ~em- Siiberstein's projects m Florida or because ~on're judged by erlands Antilles, Silber~tein has' include deal~.~ o.f the Morl- your peers." . lived in Boca since 198,5. kami Museum, Hafid Conser- vatory, College of Education at EducetJon: Graduate of . ©ercer highlights: $llber. FAU nd Presidential Circle. stein also received AIA awards Nol~bjes: Read~tg, art, ten* for several projects including nh and going to the gym. the Boca P~ton Conununity High School Sdence addition, Key to Success: "Never WJMK Studios and the Muse- stop lcamlng," he says. "You tun of Modem Art, Sooul, never know enough, and I love South Korea. What I do." 4 Bocl Rlton New~o~le~ Monclay~ 5ipleml~r ~9, 1997 '~dl-Star Academy holds dedication ceremony for new campus 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION :. ,-,,N,me: Sneiderman N~ Michael ~'" B. Z Hom, Admes,: 6626 Bali Hal Drive d~ Boynton Beach sm~FL 4'. ~c~ Bu~ess Ad'cs,: ~ 3125 S. Federal Highway Delray Beach FL 33483 5. Home Ph~e: B~s~ess Phone: ~M~ Ad.ess: ..... ~ Phon~ ~ax: ~61-733~363 ~61-27827~6 sneids~g~aol.eom ~61-703-6&~3 ~. ~,, ~o,, ,,p,~,~,.o,,,~ Yes I~so, ~.~t, =e Io, ,~,t~r,d~ Delr~ Beach SP~AB - Appointed 9/1/2000, servin~ until AuEust 21, 2002 ~. ~,,,o,~$,~o,,, Batchelor of Arts Degree in Economics Univ$[sltY of Conneetkut - 1967 ....... ~0. ~t an), ~el~ted p[okssJon~l C'~csao.~ and ~c~ses w~ch )~ h~d: 11. Give Yo~ present, or most recent emDlol'~. ~d po~gon: ' 0Qne~ ~ President o~ S~A~Rama 9f .Delray Beach 1'2 D~ ~p~ncc,. ,~ of ~ow]~, ~ch qu~ you to s~ on ,~, b~d' ~1~,~ ~tu~ · I've serv~ on SP~AB for almost 2 years. · I've had dire~ design & ~b~c~ion inv~v~t, as w~l as la.ut, Installation, materiel cho~e, color variations ~ c~ s~eming experl~ce in ll~erally thousands of signs ov~ the last ~ years in pr~ects ~rge and small in scope. Included my ~tf~io are t~ si~the ~d Sc~ol Sq~re, First Night. Joint Venture, ~e Tennis Ce~ De~y's ~f ~rses, etc., ~., ~c~ .... ~~~ . ' _~ ~' _ ......... Noze: on Gie in ch, Cie)' Clczk's Office fo: I pcziod of 2 ye~zs f~om ~c date it ~'a, submitted. It ~ be thc spplicaafs zespormbait7 to ensure ~hat ~ cu~erit eppbc~6on zs on ~ile. SPEEDY SIGN*A* RAMA, USA 3'125 8,~uth Federal Highway, Deb'ay Gel©h, FL 33483 56t-278-744~ FAX 56'I-Z78-G43¶ FAX COVER PAGE TOTAL OF TWO(2) PAGE(S) INCLUDING THIS COVER SHEET DATE: June 18, 2002 TO: Karen $chsll. Executiv~l~lstant I Board Liaisons FROM: Mike Snel~ · RE: Reappointm~nt ~B. Thank you for the ¢al~last Friday to advise me that my 2 year t~rm on SPRAB was · nearing ita end. rye enjoyed my tenure on the board and would consider It an honor to serve Delray Beach In this capacity again, To this end, please find attached to this communication my filled out application for reappointment- If you would See that it goes before the proper commissioners with this statement of my desire to serve in this capacity again, I would be much obliged. Thank you for your help. TEU 10:07 F&~ ~01 243 3??4 CIT~' CI~RK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 '1. ~tN~ W~hlkens S. l,e~ ~esiacnce: ~ame 205 George Bush BLVD Name Jillian (37 Delray Bch CAW Delray Beach St~t~ Zip Coa~ i FL 33444 5. H~me ~Phone~ your pod6~ ' E1 & Graduated Archit 6. ~n th~ ~proce~ recently J~st C~angedaddr~... I haveTor a ~ of years~However I h~v~[ and P & Z, an~ S.P.R.A.B recently moved into the~ H.P.B None at present time. ~. ~ Dc~cribc e~peg~ceh do~ls or lmowl~g,e which quillf7 ~o0 to ser~e on ~ bo~rd' (Ple~,e a~cb s bzicfte~umc) · 'ormer ! ~resent work experience under current boarfl member of.~ & eager to enhance my knowledge an skills Ay related to c~unitv ~s w~ a~ c,,]~ura] A~u~ pertaining to' future endevo~. ~~Wm on~ ~ ~e O~ C]&'* (Hfice [0~ a p~od of 2 y~s ~o~ ~ d~te it w~ RECEIVED JUL' 13 2001 CITY CLERK ELIOPOULOS & ASSOCIATES, INC. A~hilects, PI~--,~s & bit,riot D~igners AA0003179 JILLIAN M. WOEHLKENS 205 George Bush Blvd. 33444 Phon~: 561/276-6011 Fax: ~61/276-6129 E-mnil: ime~aol.com OBJECTIVE RDUCATION WORK EXPERIENCE INTERESTS REFERENCES No.rich Unimsity - Northfield, Vemont Masters of Arckltecmr~ Bachelors o[ Science in Arckltecmral indies May 2001 Minors in Engineering and Art · Recipienl of ~ ~,l~ml]ip Scholarship for O.t~ndln_a e, ra~,~ilcular activi~s all four · O1~ (Ifa fotlr ~ t~m [0 d~i~ll ~nd build ~n -ddi~iOll ~O ~i$1iZlg ~ in a ~,i~n-build studio. Proiect A~hi~-t- ~ on eom'in.don documents for both ~ & comm~rc~l pro/ms, projects & ~.lcgate project *.~k~. pr~par~ p~.~.~.lion drawings ..n assembi~ wo~-~ drawin~ for ob~i-l-$ buildin~ permits. Aoqui~ field ~ to th~n be placed on CAD, produce ~meral office _L. ee~_~, clim im~action, & ~onm~tion Norwich Universh~, Nortl~cld, VT 1996 - 5/01 Work Study Program - Hold throe positions ~i,m,h.-,~usly Architcctu~ De~utment Proctor - l~Octor for studio, attend me~ings, t~ort problems to dc~um~m ~ a~ml-i~ firs[ aid as ~ ~dm~ni~tv~llni~lnt for Swim and Soccer Coach - m:ruit prospective *ahletes, databasc · ,~.-.gement, office clerical suppo~ .ad,-ini~rative ~.~-i~.m for Hoc. kev Coach - database management, offic~ clcrical support, x~'ruil JCPmey Co., Inc., ~ VT 17~99 - 5/01 Cashier - sell stox~ items to public, pmvid~ ~lJty custome~ sefvJo~, dix~ct indlvldtmla to ~,~ln ~,iate otSces for im~blems, s~t up displays, co-~h,~t invemo~y. ~...'e ,.~.h drawls. A.LD. Medels lac., Wa~hln~a~o~ NI 9/95 - 7/96 'Assistant - ~astru~d t~*s, p~ant~, fumitm~, ~... for ,~i.i~,,,~ s~al~d mo~As, work~ ~ith ~hi~s for min;~ll~ a~c~'k~ aSSiSt[ S~ up on lar~f $calcd alghi~:~al models for architecllual c,l/~nts of the Exccl, Wonl Pcrfect, Medic · Norwich Univcrsit~ Wom~'s __Soc~___ Tmun -Co-CalVin 1.2.3,4 · AlAS -Membcr 1.2,3,4,5 · Cfirl Scouts - zc~ipie~ of gold and ~ awards, bi~ ho~o~ ~i~-hle Av~iU,Ne upon request MEMORANDUM TO:. FROIV~ ~ SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM # q[-- RE GULAR MEETING OF _IULY 2. 2007 ~vo~qrvm~rr 'to 'r~ Bcc~ ~'roN ^W^'nON ta)wso~¥ DATE: JUNE 28, 2002 On June 3, 2002 the City of Delray Beach received notice from the Boca Raton Airport Authority that the Boca Raton Aviation Advisory Committee was created and Bylaws were adopted. The Committee shall consist of one member to represent the City of Delray Beach commencing June 1, 2002 with an expiration date of June 1, 2004. This member must reside within the boundary of the appointing entity. No elected official or employee of the appointing entity shall be eligible for appointment to the Committee. No member or employee of the Airport Authority shall be eligible for appointment to the Committee. The following have submitted applications for consideration: Arthur Antin Harvey Brown, Sr. Robert Conway Robert Lengevin Bill Schwartz A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered. Based on the rotation system, the appointment for membership will be made by Commissioner Perlman (Seat #1). Recommend appointment of one (1) member to the Boca Raton Aviation Advisory Committee to a two (2) year term ending June 1, 2004. Bo~d co~,~,fission m~v~o BRAAC 07-02-02 Raton Airport Authority Boca RECEIVED June 7, 2002 Mr. David T. Harden City Manager- Delray Beach 100 NW First Avenue Delray Beach, FL 33444 JUN ! 3 2002 CITY MANAGER Dear Mr. Harden: On June 3, 2002, the Boca Raton Airport Authority authorized and executed Resolution 08-2002 creating an Aviation Advisory Committee ("Committee") and adopting Bylaws for the Committee. A copy of the Resolution and a copy of the Bylaws are attached. The purpose of the Committee is to provide input to the Airport Authority on noise, noise mitigation and aircraft traffic patterns as they affect the Committee member's respective municipalities and county lands and to serve as the voice of their respective municipality and county governments in advising the Airport Authority on policy matters relating to noise, noise mitigation and aircraft traffic patterns at the Airport. The Committee shall consist of only five members. The City of Boca Raton, the City of Delray Beach, the Town of Highland Beach, the City of Deerfield Beach and Palm Beach County shall each appoint one member who must reside within the boundary of the appointing entity. No elected official or employee of the appointing entity shall be eligible for appointment to the Committee. No member or employee of the Airport Authority shall be eligible for appointment to the Committee. The Mayor of Delray Beach has suggested thru the 5 appointing governmental entities enter into an interlocal agreement regarding their participation on the Committee and he has offered the services of his City Attorney to draft such an agreement. The Airport Authority will leave it up to the appointing entities to prepare and execute such an agreement. The Boea Raton Airport Authority respectfully requests that your respective entity appoint 1 member to the new Committee. We look forward to working with the Committee. If you have any questions, please feel free to call me. Airport Manager cc. Pat Barry, Airport Counsel Encl. Phtllp Modder Bruce BenefieM Lawrence Rayman Chairman Vice-Chairman Secretary & Treasarer HaroM lngraham Stanford Morris Janet Sherr Paul McDermot Member Member Membex Member BOCA BATON AmPORT AUTHORITY RESOLUTION 08-2002 A Resolution of the Boca Raton Airport Authority authorizing a Five-Member Aviation Advisory Committee Wm~.REAS, Chapter 82-259, Laws of Florida, provides that the Boca Raton Airport Authority shall · have jurisdiction over the operation and maintenance of and improvements to the Boca Ratou Airport; WN~.REAS, the Boca R~ton Airport Authority seeks input on noise, noise mitigation and traffic patterns from respective municipalities and county governments; W~r~REAS, an Aviation Advisory Commltt~ shall consist of fivo-members. The Ci~ of Boca Raton, tbe City of Dalray B~ach, the Town of Highland Beach, the City of Dec.eld Beach and Palm Beach County shall each appoint one member who must reside within the boundaries of the appointing entity. No elected official or employee of the appointing entity shall be eligible for appointment to the Aviation Advisory Committee. No member or employee of the Airport Authority shall be eligible for appointment to the Aviation Advisory Committee. WHEREAS, the Aviation Advisory Commit~e member's term shall commence June 3, 2002 ~nd expire on June 1= in the year of the e~oiration oftbe term. The initial appointments made by the City of Boca Raton, tbe Town of Highland Beach and the City of Delray Beach shah be for two (2) years and the initial appointments of ~e Ci~ of Dec. eld Beach and Palm Beach County shall be for one (1) year. Tbere~er. the terms for all Aviation Advisory Committee Members shah be for two (2) years; W~r. REAS, other terms and provisions are set forth in the Aviation Advisory Bylaws attached hereto. BE IT RESOLVED by tbe Boca Raton Airport Authority to authorize and execute the Aviation Advisory Committee's Byhws attached hereto as Exh~it "A'. This Resolution is adopted this 3rd day of Jura 2002. ATTEST: BOCA BATON AIRPORT AUTHORITY: Secretary & Treasurer Chairman BOCA RATON AIRPORT AUTHORITY AVIATION ADVISORY COMMITTEE BYLAWS ARTICLE I The name of the Committee shall be "BOCA RATON AIRPORT AUTHORITY AVIATION ADVISORY COMMITTEE" (the uCommittee'). ARTICLE II The Committee shall provide input to the Airport Authority on noise, noise mitigation and aircraft traffic patterns as they affect the Committee members' respective municipalities and county lands and to serve as the voice of their respective municipality and county governments in advising the Airport Authority on policy matters relating to noise, noise mitigation and aircraft traffic patterns at the Airport. ARTICLE III The Committee shall consist of five members. The City of Boca Raton, the City of Delray Beach, the Town of Highland Beach, the City of Deerfield Beach and Palm Beach County shall each appoint one member who must reside within the boundary of the appointing entity. No elected official or employee of the appointing entity shall be eligible for appointment to the Committee. No member or employee of the Airport Authority shall be eligible for appointment to the Committee. The Committee shall continue in existence with not less than 3 members in the event an appointing entity does not make an initial appointment or fill a vacancy when appropriate. The appointing entity shall provide written notice to the Airport Authority of its appointment and all subsequent appointments. No member of the Committee shall receive compensation for performance of his or her duties. ARTICLE IV The Committee member's term shall commence June 3, 2002 and expire on June 1~ in the year of the expiration of the term. The initial appointments made by the City of Boca Raton, the Town of Highland Beach and the City of Delray Beach shall be for two (2) years and the initial appointments of the City of Deerfield Beach and Palm Beach County shall be for one (1) year. Thereafter, the terms for all Committee members shall be for two (2) years. ARTICLE V A Chairman, Vice-chairman. and Secretary shall be chosen by the Committee members. The term of office for the Chairman, Vice-chairman and Secretary shall be one (1) year and no member shall hold the same office for more than two (2) consecutive years. ARTICLE VI QUORUM A quorum shall consist of three (3) members but the affirmative vote of not less than three (3) members shall be necessary to take any action but to adjourn meetings. ARTICLE VII REMOVAL Any Committee member may be removed by the commission or council who appointed that membe~ for any just cause. The unexcused failure to attend three (3) consecutive regular meetings of the Committee shall be deemed just cause without limiting the meaning of that term. ARTICLE VIII Vacancies shall be filled by the appropriate appointing entity for the balance of the term. ARTICLE IX RULES OF COMMITTEE The Committee may adopt Rules of Procedure not inconsistent with these Bylaws. The Committee shall establish a regular meeting schedule and shall provide for such other meetings as are neCessary to carry out the functions of the Committee. The Committee shall meet at least once each quarter at times and places to be determined by the Committee membership. The location of a regular scheduled meeting shall be within the boundary of each respective member's appointing entity on a rotating basis. In addition, there shall be an annual workshop meeting held jointly with the membership of the Airport Authority. The annual workshop meeting shall be set by the Airport Authority. The initial meeting of the Committee shall be set by the -2- Airport Manager after consultation with the members of the Committee. All meetings of the Committee shall be open to the public. Robert's Rules of Order latest edition shall govern meetings. ARTICLE X NOTICE TO MEMBERS The Chairman or the Recording SecretarY shall give notice of any regular or special meeting to the members, either personally, by facsimile, or in writing, not less than 10 days in advance of such meetings. Every written notice shall be deemed duly given when the fax has been received or when written notice has been deposited in the United States mail, with postage prepaid, addressed to member. Any member may waive such notice for a meeting bY written communication either before or during such meeting. Attendance by a member at a meeting shall constitute an automatic waiver of any required notice to such member of the meeting. ARTICLE Xl The Chairman may cell special meetings on such dates and at such times and places as may be reasonably designated by the Chairman. ARTICLE Xll Public notices of all meetings shall be given in accordance with law and meetings shall be held in a public building. ARTICLE Xlll RECORDING SECRETARY An airport staff employee appointed by the Airport Manager shall serve as Recording Secretary to the Committee. The Recording Secretary shall keep a record of the proceedings of Committee meetings. The Recording Secretary shall prepare the Agenda and minutes of each meeting and shall be responsible for the distribution of both to the members of the Committee and to the Airport Authority. The Recording Secretary is responsible for advertising the meetings and other such duties as are customarily performed by a Recording Secretary. -3- ARTICLE XIV SUNSHINE LAW and PUBLIC RECORDS LAW The Committee and its members are subject to Florida's Government in the Sunshine Law (Florida Statute 286~011). All documents or other material made or received pursuant to law or in connection with the transaction of official business of the Committee are public records and are subject to the Florida Public Records Law (Florida Statute 119.011). Adopted by Resolution of the Boca Raton'.', Airport Authority on June 3. 2002 r, Philip ~. Modder, Ch~:n~n - -4- DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t'~pe or print the following Jnforrnaton: 2. Home Address: 3. Legal Residence: 4. Principal Business Address: City 5. Home Phone: ~q7 -/~v~ 6. Are you a: State State M.I. fl Zip Code ~ :~.~q..r' Zip Code State Zip Code Business Phone: [ E-Mail Address: [ Cell Phon_.ne: I If so, where are.-vou re~iste,red? 7. ~t ~oard(s) are yo~ ~tere~ted ~ se~? P]east ~st ~ order o~reference:. ~ (. 8. List al~qi~'~3oards on which3'ou are currently rervmg or have previously served: (Please include dates) 9. Educafiol~al qgalifications: /.b a. , t'~. ,q · / ./ / 10. List any related professional certifications and licenses which you hpld: ¢ .,),.i u Zxt, 11. Give your lxresent, or most rec¢4tt employer, and poiition: V:c,~. ?;-~,,'.a.~-'r', ~'~ 'oh,l,e,x';'r7 , I,.-,/,,':~ ~/o;er., 12. Describe expefience~, skills or knowledge whi,c.h qualify you to serve on this board: (Please attncb a brief resume) ~ h .v~ _c~, ~,~ ~ ~,-~ [~ ~ ~,/' ~ ~ ..~ ~ Frt~.~,_-4~q"F y T~,~ /~, ~,~ I hereby certify that all the above statements are hue, and I agree and understand that any misstatement of material facts confined ~ this applir4tiop, may cause forfeiture u on my an of any a pointment I may receive. SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. 1993 ~o01 ])lo, sc ~ Nora This ._ ,~ filg in the Cit~ ~o: a ~. . .... 2 y~.rs fzom the d~t~ it ~as submitted. It ill he the al~l~t s xe~poms~biliry to exaSaZc r] a cun'~t q~plicstion is on ge. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION information: I. L~st Name: Name M.I. 2. Home Address: 4. Pzindpal Business Address: State State Zip Code City State Zip Code 5. Home Phone: Business E-Msil Address: Cell Phone: F~x: 6. A~e you a registered voter? are you iht .crest / 8. List all Ci9' Boards on which you are currently sen4ng or have previously served: (Please include dates) 9. Educational qualifications: 10. List any ~elated professional certifications and licenses which you hold: 11. Give your present, qr most recent employe~ and oosition:/ / 12. Describe experiences, skills pr know. ledge which qualify you to serve on this board:.(Please attach a brief r~spme) I hereby certify, tha~]l the above st~t~ment~ ~re tree, md I agree ~nd und~r~tand that ~ny misstatement of matexial facts cont~in~:l ~ thi~. applicatio. Sanay c~use forfeiture upon my pan of any appointment I n~y receive. S;GRATURE ' ~ DATE Note: This application will remain on file in the City Clerk's Office for a~~[l~ ~pm the date it was submitted. It will be the applicant's responsibility to ensure that a current appli'~'c;n is on file. JAN 1 6 2002 CITY CLERK Bot., L~n:,~.,,Jn ' F'I~ 183. Jan. *-'3 i~02 1~ 4-~:l.t Pi CITY OF DELRAY BU(3H BOARD MEMBER L",PI, ICATiON 3(301 C BOARD MEMBER APPLICATION ='~ Ci? BILL S~-'~ - Z/t~ Cod.. Dqlray Beach F1 '13445 ~ St~e 7.m C~ State 7~p Code I ~': ~:~;~ ~p~.-auon .,~ re~'~*~, ~x~ ~e m ~c Ci~ C~k's Office fo~ a ~aod of 2 w~s from ~c date ~t ~vas I RECEIVED JAN 18 2002 CITY CLERK ;. ;;~..LAi~D SCHWARTZ 496 - 1100 (S61) 496-798q .~863 Live Ca~ Bbulevard Ialray Beach, Florida 3~445 5£gvl cg. Attended New 3eraey schoolS, RiverSide Military Academy, Gainesvllle, Georgia~ Butler Univereitl, Indianapolis, Indiana; Vniverei~Y of Denver, Denver, Colorado; Rutgers UniversitY, Ne~ Brunswick, New Jersey; and Hsldelber~ UniverSity, Heidelberg, Germany served in world War Z! as First Lieutenant with the Infantry Division of the Army of the United elates. Former President and Chief Executive Officer of Hanauer Financial Corporation, s nationwide mortgage ban~ing firm that specialized in the financing of large income producing real estate. Former vice President of Premier Financial Corporation, a national mortgage banking firm. Farmer President and sole owner of A. Schwartz Co., s real estate firm that epecialize~ in selling, managing and construc%ing major industrial, commercial a,~d residential real estate. D~laire Country Club, Delray Beach, Florida Planning Committee, Communications & Community Relations Committee, 2002 Charity Tournament Plogresaive Residents of Delrey (P~OD) Ir.:ernational Executive Service Corps American Association of Arbitrators De. airs Property Owners Association, Board Member To9 ~ther Against Gangs (TAG), Board Member Coniregation B'nai Israel Vice Mayor, City of Delray Beach, Florida Chairman, Delray Beach Planning and Zoning Board Vice 'resident and Director of Peoples National [ .w~ of North Jersey ~oarc Member Par Troy S~ate Ban~ Director of United Jersey Ban~ Director of City Federal Savings Bank Commie. loner cf the Sta:e of New Jersey Real Estate Con,lesion Vice P~ .sident of ~el&ire Property Owners Associe~ton Member ~,elaire Country club Green Co~ml~tee ~ice President of the National Association of Re~l Estate License Law Officials N. W. S~hw&rtz -2- President of the Norris County, NJ Board of Rea~tors President of ~he NJ Association of Insurance AgeDts Industrial & Office Real Estate Brokers Association of the New York Hetropolitsn Area New Jersey and New York Hortg&ge Bankers Association Fee Appraiser for the United States Federal Housing Admintetr&tton American Legion and Vstersns o~ Foreign Wars Chairm~n, Parstppany, NJ Industrial Commission President, Parsipp&ny, NJ Chamber of Commerce Lis{ed in "Who's Who in the East," and Who's Who in Industrial Development" Chairman, Essex County, NJ Boy Scouts of America Guest Lecturer, Fairlsigh Dickinson University, Rutgere Un~vereity end Se*on Hall University President, Clarldge House II Condominium Association, Verona, NJ Pre&knsss Hills Country Club O Boca Raton Airport Authority 3700 Airpor~ Road Suite #304 Boca Raton, Florida 33431 Phone: (561)391-2202, Fax: (561)391-2238 E-mail: mail~bocaairport, com Website: www. bocaairport, corn June 7, 2002 Mr. David T. Harden City Manager - Delray Beach 100 NW First Avenue Delray Beach, FL 33444 RECEIVED JUN I 3 20O2 CITY MANAGER Dear Mr. Harden: On June 3, 2002, the Boca Raton Airport Authority authorized and executed Resolution 08-2002 creating an Aviation Advisory Committee ("Committee") and adopting Bylaws for the Committee. A copy of the Resolution and a copy of the Bylaws are attached. The purpose of the Committee is to provide input to the Airport Authority on noise, noise mitigation and aircraft traffic patterns as they affect the Committee member's respective municipalities and county lands and to serve as the voice of their respective municipality and county governments in advising the Airport Authority on policy matters relating to noise, noise mitigation and aircraft traffic patterns at the Airport. The Committee shall consist of only five members. The City of Boca Raton, the City of Delray Beach, the Town of Highland Beach, the City of Deerfield Beach and Palm Beach County shall each appoint one member who must reside within the boundary of the appointing entity. No elected official or employee of the appointing entity shall be eligible for appointment to the Committee. No member or employee of the Airport Authority shall be eligible for appointment to the Committee. The Mayor of Delray Beach has suggested that the 5 appointing governmental entities enter into an interlocal agreement regarding their participation on the Committee and he has offered the services of his City Attorney to draft such an agreement. The Airport Authority will leave it up to the appointing entities to prepare and execute such an agreement. The Boca Raton Airport Authority respectfully requests that your respective entity appoint 1 member to the new Committee. We look forward to working with the Committee. If you have any questions, please feel free to call me. Airport Manager cc. Pat Barry, Airport Counsel Encl. Phillp Modder Bruce BenefieM Lawrence Rayman Chairman Vice-Chairman Secrem~j & Treasurer HaroM lngraham Stanford Morris Janet Sherr Paul McDermot Member Member Member Member BOCA RATON AIRPORT AUTHORITY RESOLUTION 08-2002 A Resolution of the Boca Raton Airport Authority authorizing a Five-Member Aviation Advisory Committee WHEREAS, Chapter 82-259, Laws of Florida, provides that thc Boca Raton Airport Authority shall have jurisdiction over the operation and maintenance of and improvements to the Boca Raton Airport; WHEREAS, the Boca Raton Airport Authority seeks input on noise, noise mitigation and aireraR traffic patterns from respective municipalities and county governments; WHEREAS, an Aviation Advisory Committee shall consist of five-members. The City of Boca Raton, the City of Delray Beach, the Town of Highland Beach, the City of Deerfield Beach and Palm Beach County shall each appoint one member who must reside within the boundaries of the appointing entity. No elected official or employee of the appointing entity shall be eligible for appoinmaent to the Aviation Advisory Committee. No member or employee of the Airport Authority shall be eligible for appointment to the Aviation Advisory Committee. WHEREAS, the Aviation Advisory Committee member's term shall commence June 3, 2002 and expire on June 1a in the year of the expiration of the tenn. The initial appointments made by the City of Boca Raton, the Town of Highland Beach and the City of Delray Beach shall be for two (2) years and the initial appointments of the City of Deerfield Beach and Palm Beach County shall be for one (1) year. Thereafter, the terms for all Aviation Advisory Committee Members shall be for two (2) years; WHEREAS, other terms and provisions are set forth in the Aviation Advisory Bylaws attached hereto. BE IT RESOLVED by the Boca Raton Airport Authority to authorize and execute the Aviation Advisory Committee's Bylaws attached hereto as Exhibit "A". This Resolution is adopted this 3rd day of June 2002. ATTEST: BOCA RATON AIRPORT AUTHORITY: Secret~ry & Treasurer Philip Modder Chairman BOCA RATON AIRPORT AUTHORITY AVIATION ADVISORY COMMITTEE BYLAWS ARTICLE I NAME The name of the Committee shall be "BOCA RATON AIRPORT AUTHORITY AVIATION ADVISORY COMMITTEE" (the "Committee"). ARTICLEII PURPOSE The Committee shall provide input to the Airport Authority on noise, noise mitigation and aimraft traffic patterns as they affect the Committee members' respective municipalities and county lands and to serve as the voice of their respective municipality and county governments in advising the Airport Authority on policy matters relating to noise, noise mitigation and aircraft traffic patterns at the Airport. ARTICLE III MEMBERSHIP The Committee shall consist of five members. The City of Boca Raton, the City of Delray Beach, the Town of Highland Beach, the City of Deerfleld Beach and Palm Beach County shall each appoint one member who must reside within the boundary of the appointing entity. No elected official or employee of the appointing entity shall be eligible for appointment to the Committee. No member or employee of the Airport Authority shall be eligible for appointment to the Committee. The Committee shall continue in existence with not less than 3 members in the event an appointing entity does not make an initial appointment or fill a vacancy when appropriate. The appointing entity shall provide written notice to the Airport Authority of its appointment and all subsequent appointments. No member of the Committee shall receive compensation for performance of his or her duties. ARTICLE IV TERMS The Committee member's term shall commence June 3, 2002 and expire on June 1st in the year of the expiration of the term. The initial appointments made by the City of Boca Raton, the Town of Highland Beach and the City of Delray Beach shall be for two (2) years and the initial appointments of the City of Deerfield Beach and Palm Beach County shall be for one (1) year. Thereafter, the terms for all Committee members shall be for two (2) years. ARTICLE V OFFICERS A Chairman, Vice-chairman, and Secretary shall be chosen by the Committee members. The term of office for the Chairman, Vice-chairman and Secretary shall be one (1) year and no member shall hold the same office for more than two (2) consecutive years. ARTICLE VI QUORUM A quorum shall consist of three (3) members but the affirmative vote of not less than three (3) members shall be necessary to take any action but to adjourn meetings. ARTICLE VII REMOVAL Any Committee member may be removed by the commission or council who appointed that member for any just cause. The unexcused failure to attend three (3) consecutive regular meetings of the Committee shall be deemed just cause without limiting the meaning of that term. ARTICLE VIII VACANCIES Vacancies shall be filled by the appropriate appointing entity for the balance of the term. ARTICLE IX RULES OF COMMITTEE The Committee may adopt Rules of Procedure not inconsistent with these Bylaws. The Committee shall establish a regular meeting schedule and shall provide for such other meetings as are necessary to carry out the functions of the Committee. The Committee shall meet at least once each quarter at times and places to be determined by the Committee membership. The location of a regular scheduled meeting shall be within the boundary of each respective member's appointing entity on a rotating basis. In addition, there shall be an annual workshop meeting held jointly with the membership of the Airport Authority. The annual workshop meeting shall be set by the Airport Authority. The initial meeting of the Committee shall be set by the -2- Airport Manager after consultation with the members of the Committee. All meetings of the Committee shall be open to the public. Robert's Rules of Order latest edition shall govern meetings. ARTICLE X NOTICE TO MEMBERS The Chairman or the Recording Secretary shall give notice of any regular or special meeting to the members, either personally, by facsimile, or in writing, not less than 10 days in advance of such meetings. Every written notice shall be deemed duly given when the fax has been received or when written notice has been deposited in the United States mail, with postage prepaid, addressed to member. Any member may waive such notice for a meeting by written communication either before or during such meeting. Attendance by a member at a meeting shall constitute an automatic waiver of any required notice to such member of the meeting. ARTICLE Xl SPECIAL MEETINGS The Chairman may call special meetings on such dates and at such times and places as may be reasonably designated by the Chairman. ARTICLE Xll NOTICE TO PUBLIC Public notices of all meetings shall be given in accordance with law and meetings shall be held in a public building. ARTICLE Xlll RECORDING SECRETARY An airport staff employee appointed by the Airport Manager shall serve as Recording Secretary to the Committee. The Recording Secretary shall keep a record of the proceedings of Committee meetings. The Recording Secretary shall prepare the Agenda and minutes of each meeting and shall be responsible for the distribution of both to the members of the Committee and to the Airport Authority. The Recording Secretary is responsible for advertising the meetings and other such duties as are customarily performed by a Recording Secretary. -3- ARTICLE XlV SUNSHINE LAW and PUBLIC RECORDS LAW The Committee and its members are subject to Florida's Government in the Sunshine Law (Florida Statute 286.011). All documents or other material made or received pursuant to law or in connection with the transaction of official business of the Committee are public records and are subject to the Florida Public Records Law (Florida Statute 119.011). Adopted by Resolution of the Boca Raton i '/ Airport Authority on June 3, 2002 Philip C. Modder, Chairman -4- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM [~)h - REGULAR MEETING OF MAY 21. 2002 ORDINANCE NO. 22-02 (pARKING REGULATIONS) DATE: MAY 17, 2002 This is second reading and public heating for Ordinance No. 22-02 mending Chapter 71, "Parking Regulations", of the Code of Ordinances to provide greater flexibility by mending and/or enacting the following sections: · Section 71.041 - "Time l.imit for Vehicles" · Section 71.055 - "Definitions" · Section 71.059 - ''Parking Time Limits" · Section 71.060 - "Parking Meter Permits" · Section 71.063 - "Limited Time Parking Zones" Section 71.064 - ''Parking Meter Zones" Section 71.091 - "Liability for Payment of Parking Violations" In addition, Ordinance No. 22-02 repeals Chapter 73, ''P~rldng Schedules", Schedule I, "Two Hour/Four Hour Parking Zones" and "Parking Schedules", Schedule II, "Parking Meter Zones" to provide for a consolidated parking ordinance. At the first reading on June 18, 2002, The City Commission passed the Ordinance No. 22-02 unanimously. Recommend approval of Ordinance No. 22-02 on second and final reading. S:\Civ/(3erk\chevdle ftg~-r\agenda mem~\Ord.22-02.07.02.02 TO: THRU: FROM: SUBJECT: ~V~T.~CITY MANAGER P/~J.L OO~.R~. LING D~ECTOR OF PLANNING & ZONING SCOTT ARONSO~ PARKING MANAGEMENT SPECIALIST MEETING OF JUNE 4, 2002 - REGULAR AGENDA APPROVE THE PROPOSED AMENDMENTS TO TITLE VII OF THE CiTY CODE OF ORDINANCES, CHAPTER 71, "PARKING REGULATIONS." Currently, the City Code of Ordinances specifically identifies_the various types of parking zones (2-hour parking, 4-hour parking, meter zones) broken down by geographic area. Subsequent to the installation of the multi-space parking meters in the Gleason Street Lot and along Atlantic Avenue east of the Intracoastal Waterway the Code needs to be amended to reflect these additions. During review it is evident that changes that make more general references to parking zones and permitted hours are necessary to provide flexibility and limit the need to amend the ordinance. Upon direction of the City Manager staff recommends the following revisions to the code. ~ Sec. 71.041 - Add prohibition of parking on State Road A1A south of Miramar Street and north of Atlantic Avenue between the hours of 11:00 PM and 5:00 AM (This has been in force but not codified), )~ Sec. 71.055 - Adding the definition of Multi-Space Meter, ~ Sec. 71.0,59 - Eliminating reference to hours of operation for parking meters (8:00 AM - 6:00 PM) to be regulated by ~appropriate signage in the particular parking meter zone.' Sec. 71.060 - Increasing the cost of Parking permits from $50 to $60, amending lots the permit is valid in by changing Holiday Inn North to Orange Grove Lot and including Atlantic Dunes Lot, ~' Sec. 71.063 - Enacted instead of Chapter 73 imposing time limits designated by signage in a particular area excluding Sundays and Holidays in addition to making it a violation for parking outside the designated space markings, ), Sec. 71.064 - Enacted instead of Chapter 73 making it a violation to park at any meter after time has expired in addition tO making it a violation for parking outside the designated space markings, ~ Sec. 71.091 - Limiting an owner's liability for parking tickets in case of a stolen vehicle. These amendments will provide greater flexibility in addressing future changes in parking patterns in addition to creating a more simplified, user friendly code. The Parking Management Advisory Board, at their meeting of May 28, 2002 unanimously recommended approval of the proposed amendments to the Title VII of the City Code of Ordinance, Chapter 71, "Parking Regulations." By motion, approve the proposed amendments to Title VII of the City Code of Ordinance, Chapter 71, ~Parking Regulations." Attachment: [] Proposed Ordinance ORDINANCE NO. 22-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY D~.~.RAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING OF Dg~.RAY BEACH, BY AMENDING SECTION 71.041 '~I~IME LIMIT FOR VEHICLES", TO PROHIBIT PARKING ON STATE ROAD A1A, SOUTH OF MIRAMAR STREET AND NORTH OF ATLANTIC AVENUE, BETWEEN THE HOURS OF llPM AND 5 AM; BY AMENDING SECTION 71.055, "DEFINITIONS", TO ADD THE DEFINITION OF THE "MULTI SPACE PARKING METER", "MULTI SPACE PARKING METER ZONES", AND TO CLARIFY THE DEFINITION OF "PARKING METER"; BY AMENDING SECTION 71.059 '`PARKING TIME LIMITS", TO PROVIDE THAT THE SIGNS IN ANY GIVEN AREA SHALL ESTABLISH PARKING TIME LIMITS; BY AMENDING SECTION 71.060, '`PARKING METER PERMITS", FOR THE PURPOSE OF INCLUDING ATLANTIC DUNES AND TO UPDA'I'E THE CURRENT COST OF THE PARKING PERMITS; BY REPEALING CHAPTER 73, "PARKING SCHEDULES", SCHEDULE I, "TWO HOUR/FOUR HOUR PARKING ZONES" IN ITS ENTIRETY IN ORDER TO PROVIDE FOR A CONSOLIDATED PARKING ORDINANCE; BY ENACTING A NEW SECTION 71.063 '~IMITED TIME PARKING ZONES" TO ESTABLISH THAT IT IS A VIOLATION TO PARK OR STAND A VEHICLE IN EXCESS OF THE POSTED TIME LIMITS; BY REPEALING CHAPTER 73, ''PARKING SCHg. DULES", SCHEDULE II, "PARKING METER ZONES" IN ITS ENTIRETY IN ORDER TO PROVIDE FOR A CONSOLIDATED PARKING ORDINANCE; BY ENACTING A NEW SECTION 71.064 ''PARKING METER ZONES" TO ESTABLISH THAT IT IS A VIOLATION TO PARK OR STAND A VEHICLE A~'I'~R THE TIME HAS EX~PIRED ON THE PARKING METER; BY AMENDING SECTION 71.091 "LIABILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS" TO LIMIT AN AUTOMOBILE OWNER'S LIABILITY IN THE CASE OF A STOLEN VEHICLE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DA-I'~. WHEREAS, the City Commission has determined it to be in the public's best interest to prohibit parking along State Road A1A south of Miramar Street and north of Atlantic Avenue, during the hours of 1 l:00p.m, to 5:00 a.m.; and WHEREAS, the City Commission has detmanined it to be in the public's best interest to limit parking meter operation to the times stated by the signage in each partiofl~r parking meter zone; and WHEREAS, the expenses of monitoring the pemait-only lots has increased and in order to keep up with these expenses the parking permits shall also be increased; and WHEREAS, the City Commission has determined that it is in the public's best interest to have the designated limited time parking zones delineated by appropriate signage in the area; and WHEREAS, the City Commission has detemained that it is in the public's best interest to have this Ordinance refer to the signage in each parking area, street, or lot rather than having to list each parking area, street or lot in this Ordinance in order to avoid mending this Ordinance each time that a new parking area, street or lot is added; and WHEREAS, the City Commission has determined that it is in the public's best interest to institute parking meter zones in certain designated areas; and WHEREAS, the City Commission has determined that it is in the public's best interest to have the designated parking meter zones delineated by appropriate signage in the area; and WHEREAS, the City Commission recognizes that owners of stolen vehicles should not be liable for parking ticket violations accrued after the date that the car is reported as stolen; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI RAY BEACH, FLORIDA: ~ That Tide VII, "Traffic Code", Chapter 71, "Parking Regulations", Subheading ''Parking on State Road A1A", Section 71.041, ''Time l.imit for Vehicles', of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: PARKING ON STATE ROAD A-1-A Section 7L041 TIME LIMIT FOR VEHICLRS. It shall be unlawful to park any vehicle i~a-Rae-above-a~ on State Road A1A. south of ~'^~ ltl:O0 p.m. and ,.~ Miramar Street and north of Atlantic Avenue. between the hours of .... ;.~ ..... mm 5:00a.m. ~4sao~e4~a-~a',~h~ 2 ORD. NO. 22-02 ~ That Tide VII, "Traffic Code", Chapter 71, "Parking Regulations", Subheading ''Parking Meters", Section 71.055, "Definitions", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: PARKING METERS Section 71.055 DEFINITIONS. For the purpose of this subchapter the following definitions shall apply unless the context dearly indicates or requires a different meaning. "MULTI SPACE PARKING METER". Any mechanical device or meter phced or erected for the re_tmhfion of mOre than one parkin_a space. "MULTI SPACE PARKING METER ZONES". Any space or _m:oup of spaces controlled by a sinffle multi-space parkin~ meter. Spaces shall be numbered so as to allow users to identify. ~¢ appropriate space nnmher in order to pay the appropriate fees to park in said spaces. "PARKING METER". Any mechanical device or meter not inconsistent with this subchapter placed or erected for the regulation of parking by authority of this subchapter. Each parking meter installed shall indicate by proper legend the legal parking time established by the City and when operated shall ~ indicate the balance of legal parking time, and at the expiration of the period shall indicate illegal or overtime parking. "PARKING METER SPACE". Any space within a parking meter zone, adjacent to a parking meter and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably rnnrked on the curb or on the surface of the street adjacent to or adjoining the parking meters. "PARKING METER ZONE". Any restricted street upon which parking meters are installed and in operation. ~ That Tide VII, ''Traffic Code", Chapter 71, "Parking Regulations", Subheading, ''Parking Meters", Section 71.059, ''Parking Time LZmits", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: Section 71.059 PARKING TIME LIMITS. 3 ORD. NO. 22-02 The parking meters shall be operated in the parking meter zones every day ~ ......... --.~ ..... _p.~, for the hours stated by the appropriate si~_a~e in the Darticq~l~r ggl]g~gallgg,~,~!~, including Sundays and holidays. Section 4. That Title VII, "Traffic Code", Chapter 71, "Parking Regulations", Subheading, "Parking Meters", Section 71.060, "Parking Meter Permits", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: Section 71.060 PARKING METER PERMITS. (A) A "parking permit" may be purchased from the City by all persons which shall authorize the parking of the vehicle for which the permit was acquired in any designated permit only parking space and in any parking meter space located within Anchor Park, Sandoway Park, the ~hC, idaS~ ~.~lgg2~Ig~ Atlantic Dunes, and Ingraham Avenue parking lots without requiring the payment of money into the space's parking meter. (B) The cost of a parking permit shall be 59- ~ dollars ~50.00) ($60.00) per year, plus applicable taxes. (C) Each permit shall cover the period from October 1 st through September 30th. There shall be no proration of the permit fee. The application procedure and the form of the permit shall be determined by the City administration. It shall be illegal to deface a parking permit or to transfer a parking permit from the vehicle for which it was acquired to any other vehicle. However, ff the parking permit sticker and other sufficient proof is submitted to the City and when approved in advance by the City Manager or his designee, the parking permit sticker may be exchanged for a new sticker and the parking permit transferred to a substitute vehicle acquired by the permit holder subsequent to the issuance of the original parking permit. VIOLATIONS: ENFORCEMENT Se~on 5. That Title VII, ''Traffic Code", Chapter 73, "Parking Schedules", Schedule I, "Two- Hour/Four Hour Parking Zones" of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby repealed and a new section, Section 71.063, "Limited Time Parking Zones", is hereby enacted to read as follows: Section 7L063 LIMITED TIME PARKING ZONES. (A) Time limit, p~trkin? or standing a vehicl,, in a de~i?nuted space in the p~rlring areas or zones in excess of the posted time limit for that particular area shall be unlawfill. 4 ORD. NO. 22-02 Violations. It ~h, ll be unlawful and a violation of the provisions of this schedule fog (1) When s'_cgns are erected by the City ~ving notice thereof, to stop. park or stand a vehicle for longer than the time designatod by the s'~ns at any time between those hom~ stated by the signs on any day. except Sundays and holidays, including New Year's Day. Easter: Memorial Day. Fourth of_luly. Labor Day. Th~nks~ving Day. Chrisrm~ Day. and the days upo,, which the Delray Affair is held. (2) To cause, allow, permit or suffer any vehicle re~stered in the n~mo of thq[ person to be parked across any line Or markln~ of a parking space or in a position that the vehicl.' shall not be entirely within the snace desienated-bv such lines or markln_o~. ~ That Tide VII, "Traffic Code", Chapter 73, "Parking Schedules", Schedule II, "Parking Meter Zones" of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby repealed and a new section 71.064, ''Parking Meter Zones", is hereby enacted to read as follows: Section 7L064PARKING METER ZONES. (A) Time limit, pnrking or standing a v~hit-lv in a des'_umated space within an at~a 9r zone that is designated as a parking meter zone after the time has expired on the parking metal: 8h~ll (B) Violations. It ~h~ll be unlawful and a viohtion of the provisions of this schedule for any person: (1) When s'~l~ns are erected by the City Ovin_g notice thereof, to stop. park or stand a vehicle within the City. after time has ex~ired on the parking meter in any area des'_~mated to be a parkin_~ meter zone on any d~ay. (2) To cause, allow, permit' or suffer any vehicle re~stered in the namo Of that person to be parked across any line or marlting of a parking space or in a position that the vehicle shall not be entirely within the space des'ugnated by such line~ or markings. ~ That Tide VII, "Traffic Code", Chapter 71, "Parking Regulations", Subheading, "Violations; Enforcement", Section 71.091, "Liability for Payment of Parking Ticket Violations", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: 5 ORD. NO. 22-02 Section 71.091 LIkBILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS. (A) The t~ owner of a vehicle is responsible and liable for payment of any parking ticket violation ~_--:-,. --'a ..... ,.-. a-- --,-:-~ ........ '-- ':--- cf ~-ke~4eke&m~. The owner o£ a stolen vehicle is not responsible for a parking ticket violation from ~he date it is rcr~orted stolen to the Police Dena~U.ent. :*£ ~. _._1_:_,_: .... l_._a ....... u_ ,: ..... ~A_ (B) Any person issued a parking ticket by a parking enforcement speei*li~t or officer shall be deemed to be charged with a noncriminal violation and shall comply with the directions on the ticket. In the event that payment is not received or a response to the ticket is not made within the time period specified thereon, the County Court or its Traffic Violations Bureau shall notify the registered owner of the vehicle which was cited, by mail to the address given on the motor vehicle registration, of the ticket. Mailing of the notice to this address shall constitute notification. Upon notification, the registered owner shall comply with the Court's decision. (C) Any person who fails to satisfy the Court's directive shall be deemed to waive his fight to pay the applicable dvil penalty. (13) Any person who elects to appear before a designated official to present evidence shall be deemed to have waived his fight to pay the dvil penalty provisions of the ticket~ The offiei~l~ after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a civil penalty not to exceed $100 plus court costs. Any person who fails to pay the civil penalty within the time allowed by the Court shall be deemed to have been convicted of a parking ticket violation, and the Court a.s_w_dL~_tht~C,~ shall take appropriate measure to enforce collection of the fane. (E) Any provision of divisions (B), (C) and (D) above to the contrary notwithstanding, the provisions of F.S. Chapter 318 shall not apply to violations of the City's regulations. (F) The Clerk of the Circuit Court or the Traffic Violations Bureau shall supply the Depa~U.ent of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the Department, listing persons who have three (3) or more outstanding parking violations. The Depaxtment sh~l! mark the 6 ORD. NO. 22-02 appropriate registration records of persons so repotted. If the applicant's nnme appears on the list referred to herein, no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until the applicant presents a receipt from the Clerk showing that such parking fines have been paid. ~ 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 remniqder hereof as a whole or part thereof other than the part declared to be invalid. Se~on 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regnl~r session on second and final reading on this the day of. ., 2002. ATfEST: MAYOR CITY CLERK First Re~ding Second Reading 7 ORD. NO. 22-02 MEMORANDUM TO: FROM: n~YOR AND CITY COMMISSIONERS ~'/.CITY MANAGER SUBJECT: AGENDA ITEM # IOj~ - REGULAR MEETING OF .IULY 2. 2002 ORDINANCE NO. 23-02 (AMENDING CHAPTER 35 "EMPLOYEE pOLICIES AND BENEFITS") DATE: JUNE 28, 2002 This ordinance is before Commission for second reading and public hearing to amend Chapter 35 "Employee Policies and Benefits" of the Code of Ordinances by enacting Section 35.056, "Designation of Personnel as Critical to Security". The Police. Management Infoxmation Systems. and Fire Depa~i~ients have been designated as critical to the security of the City. Ordinance No. 23-02 provides for the fingerprinting and national/statewide background checks of the employees of these dep~t,.ents. At the first reading on June 18, 2002, Commission unanimously approved this ordinance. Recommend apprOval of Ordinance No. 23-02 on second and final reading. ~\Gity Clez~\chew. Be folder\agenda rumford 23.02Employee.07.0~0Zdoc [lTV OF DELRI:I¥ BER[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE $61/243-?090 · FACSIMILE 561/275-4755 1993 DATE: TO: FROM: MEMORANDUM June 13, 2002 City Commission David T. Harden, City Manager Terrill C. Pybum, Assistant City Attorney Writer's Direct Line: 561t243-7090 SUBJECT: Proposed Ordinance on Designation of Personnel as Critical to Security This proposed ordinance will allow the City to mn background checks and take the fingerprints of personnel that are designated as critical to security. The ordinance will apply to Police, Fire and MIS employees and applicants. Please place this matter on the June 18, 2002 City Commission Agenda for consideration. Please let me know if you have any questions. Thank you. CC: Barbara Garito, City Clerk Joe Safford, Director of Finance ORDINANCE NO. ~,3 -02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, .FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY ENACTING SECTION 35.056, "DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR CERTAIN EMPLOYMENT APPLICANTS AND EMPLOYEES FOR THOSE DEPARTMENTS WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, there are certain employment positions which are designated as critical to the security of the City; and WHEREAS, the City Commission has determined it to be in the public's best interest to subject both the employees and applicants of these designated positions to fingerprinting and background checks in order to ensure safety and security. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", of the Code of Ordinances of the City of Delray Beach, is hereby amended by enacting Section 35.056, "Designation of Personnel as Critical to Security" to read as follows: Section 35.056 DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY. (A) All departments desi.qnated herein, as critical to security shall require that any person app!yin.q for, or continuin.q employment in, any such department or in any such facility which is decided to be critical to security shall be finqerprinted. The fin.qerprints shall be submitted to the Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investi.qation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the City to determine an applicant's eliqibility for employment or appointment and determine the employee's eli.qibility for continued employment. Refusal to submit to fingerprinting and background checks may result in discipline up to and including termination of already existin.q employees or a decision not to hire new applicants. (B) Employees from the followin,q divisions and departments are hereby designated as critical to security and thus all aPplicants and employees of the followinq departments and divisions shall be subiected to finqerprintin.q and background checks: (1) Police (2) Mana,qement Information Systems (3) Fire Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200 MAYOR ATI'EST City Clerk First Reading. Second Reading. TO: DAVID T. HARDEN, CITY MANAGER~.<~ SUBJECT: MEETING OF JULY 2, 2002 - CONSIDERATION"OF AN AMENDMENT ...... TO THE LAND DEVELOPMENT REGULATIONS TO ADD PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF PALM BEACH cOUNTY AS A PRINCIPAL (PERMITTED) USE IN RESIDENTIAL AND COMMUNITY FACILITIES (CF) ZONING DISTRICTS; SECTION 4.3.3 ADDING SUPPLEMENTAL REGULATIONS FOR PUBLIC EDUCATIONAL FACILITIES; MODIFYING THE DEFINITION OF RESIDENTIAL ZONING DISTRICTS; RENAMING EDUCATIONAL FACILITIES AND CLARIFYING THAT PRIVATE SCHOOLS AND OTHER SIMILAR EDUCATIONAL FACILITIES ARE CONDITIONAL USES IN CERTAIN RESIDENTIAL ZONING DISTRICTS; AND ADDING PRIVATE SCHOOLS AND OTHER SIMILAR EDUCATIONAL FACILITIES AS A CONDITIONAL USE IN THE PRD ZONING DISTRICT. The proposed amendment adds supplemental regulations for public educational facilities and modifies the definition of residential zoning district in the LDRs to be consistent with the Comprehensive Plan. Further, the current regulations within the Community Facilities (CF) zoning district have been modified to allow public educational facilities as a permitted use. The amendment also incorporates changes per the Commission's direction, which related to removal of the reference to charter schools and adding public schools as a permitted use in the A (Agriculture), MH (Mobile Home), and RR (Rural Residential) zoning districts, based upon public comments. Additional background and a complete analysis are found in the attached Planning and zoning Board staff report. The Planning and Zoning Board held a public headng regarding this item at its meeting of June 17, 2002. There were several members of the public who spoke regarding the request. An attorney representing the Coral Trace Homeowners Association felt the amendment was not properly advertised and that the proposed amendment was too broad and inconsistent with State Statutes. A comment was also made that the School District should review and provide a recommendation on the proposed the amendment. Another person felt public schools should be allowed as a conditional use rather than a permitted use. After discussing the amendment, the Board voted 3-2 (Warner and Randolph dissenting, Krall and Sowards absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the City's Comprehensive Plan. With regard to the comment regarding the SChool District's review of the proposal, attached is a letter from the School District supporting the proposed text amendment. By motion, approve on first reading an amendment to the Land Development Regulations to add "Public Educational Facilities of The School District of Palm Beach County' as a permitted use in residential and Community Facilities (CF) zoning districts; Section 4.3.3 adding supplemental regulations for Public Educational Facilities; modifying the definition of Residential Zoning Districts; renaming Educational Facilities and clarifying that Private Schools and Other Similar Educational Facilities are conditional uses in certain Residential Zoning Districts; and adding "Private Schools and Other Similar Educational Facilities" as a conditional use in the PRD (Planned Residential Development) zoning district, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the City's Comprehensive Plan, .and setting a public hearing date of July 16, 2002. I O (~, ORDINANCE NO. 24-02 AN ORDINANCE OF THE CITY COIVIMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.1 "AGRICULTURE ZONE DISTRICT (A)", 4.4.2 "RURAL RESIDENTIAL (RR) ZONE DISTRICT", SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SECTION 4.4.4 "MOBILE HOME (MH) DISTRICT", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", AND SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", TO _AIJ.OW PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY AS A PRINCIPAL USE PURSUANT TO REGULATIONS SET FORTH IN SECTION 4.3.3(I-I1-I); AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RlVl) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVFI.OPMENT (PRD) DISTRICT", AND SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", TO .AIJ.OW PRIVATE EDUCATIONAL FACILITIES AS A CONDITIONAL USE SUBJECT TO THE RESTRICTIONS SET FORTH IN SECTION 4.3.3(HHH); AMENDING SECTION 4.3.3 (HH), "EDUCATIONAL FACILIITIES", BY RENAMING THE SUBSECTION TO "PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY" AND ADDING SUPPLEMENTAL REGULATIONS FOR PUBLIC EDUCATIONAL FACILITIES; AMENDING APPENDIX "A", "DEFINITIONS" TO MODIFY THE DEFINITION OF "RESIDENTIAL DISTRICTS"; PROVIDING A SAVING CLAUSE, A GENERAL REPF_,ALRR 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 heating held on June 17, 2002 and voted to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the pbnning and Zoning Board, fitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.KAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.1, "Agriculture Zone District (A)", Subsection (13), "Prindpal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.1 Agriculture Zone District (A): (13) Principal Uses and Structures Pemfitted: The following types of use are allowed within the (A) District as a permitted use: (1) The conduct of agricultural operations such as: crop lands, poultry, dolrles, grazing lands, flower growing and fruit, citrus, and orchard groves; and structures normally associated thcre with such as: barns, chicken coops, drying sheds, farmhouses, greenhouses. (2) Horse Ranches, Horse Boarding Stables, Riding Stables and Academies; and structures normally associated there with such as: stables and truining facilities. (3) Single family detached dwellings. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). Public educational facilities of The School District of Palm Beach County.. pursuant to the re_uuladons set forth in Section 4.3.3fi-IH3. Section 2. That Section 4.4.2, "Runt Residential (R.R) Zone District", Subsection (B), "Principal Uses and Structures permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delmy Beach, Flotida, be amended to read as follows: Section 4.4.2 Rural Residential (RR) Zone District (13) Ptindpal Uses and Structures Permitted: The following types of use are allowed within the (A) District as a permitted use: (1) Single family detached dwellings. 2 ORD. NO. 24-02 (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.30). Public educational ¢~eillties of The School District of Palm Beach County.. pursuant to the re_tndations set forth in Section 4.3.3(HH). $~ction 3. That Section 4.4.3, "Single Family Residential (R-l) Districts", Subsection 05), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.3 Single Family Residential (R-l) Districts: (B) Principal Uses and Stsuctures Permitted: The following types of use are allowed within the Single Family Dis~cts as a permitted use: (I) Conventionally sited single family detached residences. (2) Group Home, Type 1, pursuant to the restrictions set forth in Section 4.3.30). (3) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (4) Pocket parks. public edm-~finnal teaeilities of The School District of Palm Beach County. pursuant to the r%~dafions set forth in Section 4.3.3(HI-B. Section 4. That Section 4.4.4, "Mobile' Home (MH) District", Subsection (B), "Ptindpal Uses and Stxuctures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.4 Mobile Home (MI-I) District: 05) Principal Uses and Structures Permitted: The following types of use are allowed within the (Mid) District as a permitted use: (1) Mobile Home Parks which provide the sale or rental of sites for occupancy by mobile homes, wherein the park is operated as a unit. (2) The sale, by its owner or licensed dealer, of used mobile homes on sites presently or previously occupied by the owners of such mobile homes. 3 ORD. NO. 24-02 (3) Storage or parking of mobile homes on sites preparatory to occupancy or between periods of occupancy. L4~ lh~hlic educational facilities of The School District of Palm Beach County.. pursuant to the re_mJlations set forth in Section 4.3.3(HH). Section 5. That Section 4.4.5, "Low Density Residential 0IL) District", Subsection CB), "Principal Uses and Structures Permitted", of the land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.5 Low Density Residential (RL) District: CB) Ptindpal Uses and Structures Permitted: The following types of use are allowed wbhin the (ILL) District as a pemtitted use: (1) Single family detached dwellings. (2) Duplex structures. (3)Multiple family structures. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (5) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (6) Pocket parks. l~I p, hlic e~t,,~o~onal £~eilitles of The School District of Palm Beach County.. l?grsuant to the re_rotations set forth in Section 4.3.3fHH). Section 6. That Section 4.4.6, "Medium Density Residential (RIVI) District", Subsection CB), "Prindpal Uses and Structures Permitted", of the land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.6 Medium Density Residential CB_M) District: CB) Principal Uses and Structures Permitted: The following types of use are allowed within the 011v0 District as a permitted use: (1) Single family detached dwellings. 4 ORD. NO. 24-02 Duplex structures. Multiple family structures. An abused spouse residence with twelve (12) or fewer residents. Group Homes, Types 1 and 2, and Community Residential Homes, pursnunt tO the restrictions set forth in Section 4.3.3(I). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7) Pocket parks. Public educational Cueillties of The School District of Palm Beach County.. pursuant to the re_eulations set forth in Section 4.3.30ti-I). Section 7. That Sec'don 4.4.7, "Phnned Residential Development (PRD) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: Section 4.4.7 Planned Residential Devdopment (PR.D) District: 03) Principal Uses and Structures Permitted: The fo~owing types of use are allowed within the (PRD) District as a permitted use: (1) Single family detached dwelling whether conventional or zero lot line (2) Duplex structures. (3) Multiple F~mily structures. ~4] ~blic ~cl.eutional facilities of The School District of Palm Beach County.. pursuant to the re_tmhtious set forth in Section 4.3.3(HI-B. Section 8. That Section 4.4.21, "Community Facilities (CF) District", Subsection 03), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: 03) Pxincipal Uses and Structures Allowed: The following types of use ate allowed within the CF District as a permitted use: 5 ORD. NO. 24-02 (1) Governmental, such as: civic centers, courts, courthouses, temporary holding facilities, fire stations, governmental offices, public health facilities, law enforcement offices and facilities, post offices, public utility facilities (e.g. lift stations), water storage tanks, water treatment plants, water wells, wastewater treatment plants, dr~inuge facilities. (2) Community, such as: civic centers, community centers, community theatex, cultural facilities and auditoriums, arts and Crafts centers, libraries, museums, public parking lots and garages. (3) Recreation, such as: community centers, tennis centers, swimming centers. (4) Services, such as: abused spouse residences, child care centers, day care centers, community residential facilities with six or less occupants. (5) Religious, such as: churches and places of worship with attendant uses of day care, pre-school, educational facilities, and with other normal educational (Sunday school) and recreational facilities, and support facilities (e.g., parsonage). (6) Restricted usage allowed pursuant to an ordinance enacted to sever developments tights under a Transfer of Developments (II)R). (See Section 4.6.20). l~l Public educational fueilities of The School District of Palm Beach County.. pursuant to the re~malations set forth in Section 4.3.3(HI-B. Section 9. That Section 4.4.3, "Single Family Residential (R-l) Districts", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the Single Family Districts. (1) Child care and adult day care. (2) Churches, or phces of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C.F., as appropriate. (3) Private ~ducational facilities subject to the restrictions set forth in Section 4.3.3(I-IHI:D. 6 ORD. NO. 24-02 (4) The use of common recreational facilities such as $winamitlg pools and tennis courts, associated with a subdivision, for dub or commercial purposes. (5) Single family detached residences in zero lot developments but only in the R- 1-A and R-l-AA Districts. (6) . Levd I group homes. Section 10. That Section 4.4.5, "Low Density Residential (Il.L) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the ltL Dismct. (1) Child care and adult day care (2) Churches, or phces of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C.F. as appropriate. (3) Private ~,educafional facilities subject to the restrictions set forth in Section 4.3.3(HH/ci). (4) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for dub or commewiol purposes. (5) Single family detached residences in zexo lot developments. (6) Group homes, Level II. ~ection 11. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. (1) Adult congregate living facilities and continuing caxe facilities. 7 ORD. NO. 24-02 (2) Alcohol and dnxg abuse txeatment fa 'olities. (3) Child cate and adult day caxe. (4) private ~ducafional facilities subject to the restrictions set fox'ch in Section 4.3.3(HHI3I). (5) Churches, or phces of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (6) Convalescent homes, homes for the aged, nuxsing homes, and rest homes. (7) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for dub or commercial purposes. (8) Single family detached residences in zexo lot developments. (9) Group homes, Level IlL (10) Yacht dub with facilities. (11) Dock master facilities when associated with a multi-f~mily development which has a marina. (12) Private beach clubs with attendant recreational, dining, and related accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A. Section 12. That Section 4.4.7, "Planned Residential Development (PRD) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be amended to read as follows: (13) Conditional Uses and Structures Allowed: The following uses a~e allowed as conditional uses within the PRD District. (1) Child Care and Adult Day Care (2) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses for dub or commercial purposes. 8 ORD. NO. 24-02 (3) private educational ¢~cilifies subject to the restrictions set forth in Section 4.3.3(HHH). ~. That Section 4.4.21, "Community Facilities (CF) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses: (1) Health Care, such as: adult congregate living; continuing care; homes for the aged; nursing homes; substance abuse treatment facilities; hospitals, with or without helipads and associated laboratories, treatment cente~, rehabilitation centers, and testing facilities; and mental health treatment facilities including residential care. (2) Private ~ducational facilities pursuant to the re_inflations set forth in Section 4.3.3(HHH). ,~,,~v~v~'~, and vocational schools except for training or programs which can be conducted in multipurpose buildings or offices (e.g. a dance school, real estate school, etc.) which may be located in various commercial districts, pursuant to the re_oxflations set forth in Section 4,3.3(HHH). (3) Services, such as: community residential homes with seven or more (4) Transportation, such as: bus stations, railway stations, taxi dispatch (more than one taxi), and park and ride areas. (5) Special Services and Facilities, such as: privately operated parking lots and gemges; stadiums and arenas; refuse ttmasfer stations; resource recovery facilities, pursuant to provisions of Section 4.3.3(Z); and power mmsfer stations. ~. That Section 4.3.3, "Special Requirements for Specific Uses , Subsectio (HI-l), "Educational Facilities", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, be amended to read as follows: Section 4.3.3 Spec~! Requirements for Specific Uses: (HI-I) public Educational Facilities of The School District of Palm Beach County.: L= I a.. ~_1-:-1- ..... · 9 OR.D. NO. 24-02 Cr, n-~.ur.:'~- ~.-:',~2,~z; ?.~:~.~z~. The following re_mllafions apply. Relief from these requirements gh~ll 9nly b~ ~anted by the Ci_ty Co~mi~sion through the waiver process [Section 2.4.7 .(B)!. (1) Lot Area: ' ' ~'" ~ ~ ' ~,w o'z ...... ~$ one (1) acre. (;2) ~ A pickup and drop-off area for children shall be provided in a convenient area adjacent to the building and shall provide dear ingress and egress to the building. /~ minimum of a 100' d~cl~e~tod vehicular drop-off/pick-up hne shall be provided. The stackin~ area is measured from the loading area and shall not block drive-aisles or ?rkin~ areas. A ~eater distance may be required by the approving body based .on the capacity, of the facility. A reduced stackino ellgt~nce may be approved by the Board based on a traffic impact statement. Pathways that cross x~ehicular use areas ~h~ll be defined by special paving, brick, stripin~ or other method Landscape Reo.,irement:: When abutting residentially zoned properties. exc]ndino $onnr~tors such as st~eetsl c, nnl~ and railroads: a perimeter setback area of 15' must be provided'~ T~e ?rimeter 1,ndscape area shall be a landscaped area. No paving is allowed except for driveways and walkways ]o~clin~o stI~lctures on the premises provided they are perpendicular to the prgperty line. This perimeter setback area may be decreased to 10' when an outdoor recreation area i~ and abuts residentially zoned property.. p~rking Requirement: p~rldng for public educational facilities of The School District of Palm Beach County. must be provided pursuant to Section 4.6.9(.6)(e). .... ~- ...... :--'~ fi, il Public Educational Facilities of The School Board of Palm Beach County must comply with Chapter 235 of the Florida Statutes and the State Requirements for Educational ~. That Appendix "A", "Definitions", "Residential Distdct~" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach be amended to read as follows: 10 ORD. NO. 24-02 APPENDIX "An TERM RESIDENTIAL DISTRICTS DEFINITION All R-1AA, R-IAAA-B, R-1AA, R-IAA- B, R-lA, R-lA-B, RL, RM, PRD, A. RR. and MH zoning districts. ~ 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 derision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ~ That all ordinances or parts of ordinunces in conflict herewith be, and the same are hereby repealed. ~. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in reg,,hr session on second and final reading on this the day of ,2002. ATfI6ST MAYOR City Clerk First Reading Second Reading 11 ORD. NO. 24-02 06/25/2802 16:20 5614348~15 PAGE 02/02 3300 FORE6T HILL BLVD., C-110 WE8T P/q..M BEACH, FL 33406-5~13 (561)434-8020FAX:(~1)4,M-81~ Juxle 24, 2002 City of Delray Beach 100 N.W. First Avenue D~Iray Beach, FI. 33444 RE: Proposed Land D~elopment Regoistiom Amendment Affecting Schools The following is provided in r~pome to a requ~t for our input on the proposed land d~,elopmant code amendment to allow schools as a 10~,~it~d use in all I~siduatial arid community facilities zoning districts. The School District suppom the proposed amandm~ and has advocated this position to other municipalities in Palm Beach County. In 1998, Florida Statutes Chspter 163.3177 was amended to require that local gov~men~s' comprehensive plans show the land use categories in which public schools are an allowable use, including sufficient land proximate to residenlial development to meet projected needs for schools. In January 2001, Palm Beach County opted for school concummcy, establishing a level of service for schools. These concurrency provisions support the proposed laud development rel~ation amcudment to enable consiruction of achooIs in pace with residenlial development. The School District has adoptcd au aggressive capital plan for building and modemizin~ schools. In orde~ to keep pace with residential development and meet the needs of the growing student population, school construction is necessarily on a very tisht schedule. Allowin8 schools as a permitted use in all zoning dis~icts is preferable to other approval processes (conditional use, rezoning, etc) end would greatly assist thc School District in maintaining the ooncorr~cy level of service for schools. Moreover, Policy B-IA of thc City's adopted Public School Facilities Element requires expedited review of schools sites. Clearly thc proposed am~mdment furthers this policy. We fully support the proposed nmendmem. It' there are any questions, plcas¢ do not hesitat~ to contact me at 434-8935. ~CP Planning Director A~ .Eouq. Ovpom~ EA4~:~ PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT Ir .MEETING DATE: JUNE 17, 2002 AGENDAITEM: IV.~ AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO ADD PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY AS A PRINCIPAL (PERMITTED) USE IN RESIDENTIAL AND COMMUNITY FACILITIES. (CF) ZONING DISTRICTS; SECTION 4.3.3 ADDING SUPPLEMENTAL REGULATIONS FOR PUBLIC EDUCATIONAL FACILITIES; MODIFYING THE DEFINITION OF RESIDENTIAL zONING DISTRICTS; RENAMING EDUCATIONAL FACILITIES AND CLARIFYING THAT PRIVATE SCHOOLS AND OTHER SIMILAR EDUCATIONAL FAClLTIES ARE CONDITIONAL USES IN CERTAIN RESIDENTIAL ZONING DISTRICTS; AND ADDING PRIVATE SCHOOLS AND OTHER SIMILAR EDUCATIONAL FAClLTIES AS A CONDITIONAL USE IN THE PRD ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations to add "Public Educational Facilities of the School Distdct of Palm Beach County"as a permitted use in residential and Community Facilities (CF) zoning districts; Section 4.3.3 adding supplemental regulations for Public Educational Facilities; modifying the definition of Residential Zoning Districts; renaming Educational Facilities and clarifying that Private Schools and Other Similar Educational Facilities are conditional uses in certain Residential Zoning Districts; and adding "Private Schools and Other Similar Educational Facilities" as a conditional use in the PRD (Planned Residential Development) zoning district, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Currently, in the City's LDRs public educational facilities are only allowed in the CF (Community Facilities) zoning district as a conditional use. Educational facilities with a focus towards special needs students are also allowed as a conditional use subject to special criteria, similar to child care facilities. At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing on an amendment to the Land Development Regulations to allow Public Educational Facilities of Palm Beach County School Board as a permitted use in all residential zoning districts. IV.A. Planning and Zoning .Board Memorandum Staff Report LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts Page 2 The amendment was being processed to obtain consistency with the City's Comprehensive Plan as it relates to the Public Schools Facilities Element (adopted in 2001) as well as other policies (adopted in 1999) relating to sChools. The policies adopted in 1999 were in response to an amendment to Section 163.3177(6)(a), Florida Statutes, in 1998, which required local governments to include school siting location criteria in their comprehensive plans and designate the land use categories where public schools are an allowable use. There were several members of the public who spoke in opposition to the request which were site specific and primarily opposed the relocation of Atlantic High School to the property south of the Coral Trace subdivision, known as the Tate property. Also, they felt that as the CF (Community Facilities) zoning district currently allows schools as a conditional use, the proposed change to allow schools in residential areas is not necessary. Another person was concerned with privately operated public facilities, such as charter schools, being permitted within the residential zoning districts. After discussing the amendment, the Board voted 5-1 0Namer dissenting, Randolph absent) to recommend to the City Commission approval of the amendment to the Land Development Regulations to allow "Public Educational Facilities of Palm Beach County School Board, excluding Charter Schools"as a permitted use in all residential zoning districts, based upon a positive finding with LDR Section 2.4.5(M)(5). At its meeting of June 4, 2002, the City Commission considered the amendment as proposed by the Planning and Zoning Board. The Commission discussed the amendment and felt that the reference to charter schools should be removed. There were also comments from the public stating that the proposed ordinance was incorrect as it did not list public educational facilities in all residential zoning districts, as intended, as public educational facilities were excluded from the Rural Residential (RR) zoning district. The Commission directed staff to make the appropriate changes and re-advertise the ordinance for first reading. Subsequent to the City Commission meeting and during review of the proposed ordinance, staff felt that supplemental regulations for public educational facilities should be added to the LDRs and that the definition of residential zoning district in the LDRs should be modified to be consistent with the Comprehensive Plan. Further, in light of the amendment, the current regulations within the Community Facilities (CF) zoning district should be modified to allow public educational facilities as a permitted use. In addition to the above, the amendment incorporates changes per the Commission's direction. LDR Section 2.4.5(M)(5) (Findin.qs): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts Page 3 As presented in the Planning and Zoning Board Staff Report of May 20, 2002, the following goals, objectives, and policies apply. PUBLIC SCHOOL FACILITIES ELEMENT OBJECTIVE B-1 - School Facility Siting: To establish a process of coordination and collaboration between the County, local governments, and the School Distdct in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. Public School Facilities Element Policy B-'/.f The City of Delray Beach shall coordinate and provide for expedited review of development proposals with the School Distdct during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. Public School Facilities Element Policy B-1.4 The City of Delray Beach shall encourage the location of schools proximate to urban residential areas by: · Assisting the School Distdct in identifying funding and/or construction opportunities (including developer participation or City of Delray Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; · Providing for the review for all school sites as indicated in Policy B-1.1 above; and, · Allowing schools as a permitted use within all urban residential land use categories. FUTURE LAND USE ELEMENT GOAL AREA "D": THE PUBLIC SCHOOL SYSTEM WHICH SERVES DELRAY BEACH SHALL BE AN ASSET TO THE COMMUNITY THROUGH CONTRIBUTING TO THE STABILIZATION OF NEIGHBORHOODS AND ACCOMMODATING THE NEEDS AND DESIRES OF EXISTING AND FUTURE RESIDENTS OF THIS CITY. Future Land Use Element Objective D-2 - The role of schools in their neighborhoods shall be enhanced so that the school facilities aid in achieving the goals and objectives of this Comprehensive Plan, particularly those identified in the Housing element, which are directed toward stabilization and revitalization of neighborhoods. Future Land Use Element Policy D-2.2 - The City Commission shall work in concert with the School District to reduce and minimize the busing of Delray Beach out of Delray Beach, in order to enable as many children as possible to attend schools that are in or near their own neighborhoods. Future Land Use Element Policy D-2.3 - The City shall strive to achieve better cohesiveness of neighborhoods by lessening the number of school attendance districts to which students are assigned, and/or the number of students bused out of the City. This shall be accomplished through drawing such boundaries be adding or subtracting areas adjacent to existing districts, rather than by drawing from enclaves located elsewhere. Planning and Zoning ,Board Memorandum Staff Report LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts Page 4 Future Land Use Element Objective D-3 - The City shall cooperate with the School Board to achieve placement of new schools inside of the County's urban services area, to upgrade and enhance existing facilities with the City, and to schedule individual facility needs in an ordedy and timely manner that is responsive to meeting the other objectives of this goal area. Future Land Use Element Policy D-3.5 - Public educational facilities of the School Distdct of Palm Beach County shaft be consistent with all land use categories except Conservation. Future Land Use Element Policy D.3.6 - The location and construction of new public educational facilities and the expansion of existing facilities Shall be permitted based upon a finding that the proposal is consistent with applicable goals, objectives, and policies of the Comprehensive Plan, and is compatible with adjacent land uses and development patterns. In addition to Goal Area D above, there are a number of objectives and policies which support public educational facilities in residential zoning districts. State Statutes 235.193 requires coordination between School Boards and local governing bodies to ensure that plans for the construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other services. Further, local goveming bodies may not deny a proposal, but may impose reasonable development standards and conditions. Given the above, it is more appropriate to allow public educational facilities as a permiffed use. Construction of public schools are subject to the Florida Department of Education's "State Requirements for Educational Facilities", which are development standards for public schools. As previously discussed, at its June 4th meeting, the City Commission reviewed the text amendment and felt that the reference excluding charter schools should be removed and that the Rural Residential (RR) zoning distdct should not have been omitted. The Commission directed staff to make the appropriate changes. The text amendment has been amended to read: "Public educational facilities of the School District of Palm Beach County"; and includes public educational facilities as a permitted use in not only the Rural Residential (RR), but also the Mobile Home (MH) and Agriculture (Al zoning districts. The Mobile Home and Agricultural categories have been added as the Comprehensive Plan refers to these as residential zoning districts. This text amendment also modifies the CF zoning district regulations to allow educational facilities as a permitted use. The definition of residential districts in the Land Development Regulations is being modified to be consistent with the City's Comprehensive Plan. This modification adds Rural Residential, Mobile Home, and Agriculture as zoning districts, which are classified as residential. The proposed supplemental regulations are provided to address concerns related to schools on small lots, where vehicle stacking, parking and setbacks may be a concern. These regulations will replace the current LDR Section 4.3.3(HH), which have been incorporated into proposed LDR Section 4.3.3(HHH) pertaining to private schools, Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts Page 5 and are scheduled for second reading/adoption at the June 18th City Commission meeting. In addition, this amendment clarifies that private schools are allowed as a conditional use in certain residential zoning districts (R-ls, RL, and RM) and adds "Private Schools and Other Similar Educational Facilities" as a conditional use in the PRD (Planned Residential Development) zoning district, to obtain consistency with the other residential districts that allow conditional uses. The proposed regulations now before the Planning and Zoning Board include loading/stacking, landscape, and parking requirements, a minimum lot size, and compliance with Chapter 235 of Flodda Statutes and the State Requirements for Educational Facilities. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment clearly is consistent with and furthers the Goals, Objectives, and Policies of the City's Comprehensive Plan. Other Policies: At the June 4, 2002 City Commission meeting, a member of the public spoke in opposition to the changes and felt that there are policies of the Comprehensive Plan which did not support the proposed amendment to the Land Development Regulations. These policies are discussed below. Future Land Use Element Policy ,A-1 - Future proposals to establish regional public facilities shall be supported by data which demonstrates that the loss of property tax revenue and other negative impacts will be offset by mitigating measures which may include, but are no limited to: payment of fees, creation of significant numbers of local jobs, and measures to control odors, noise, traffic, and other potential impacts on the surrounding communities. If the approving body determines that the negative impact of a particular facility cannot be substantially offset by mitigating measures, the application shall be denied. This policy was adopted in 1997 in response to the EAR (Evaluation and Appraisal Report) of the City's Comprehensive Plan, which occurred in 1996. The policy was created as a result of a proposal by the Solid Waste Authority to construct a transfer station for recyclables on Congress Avenue for the south Palm Beach County area. In the Analysis section of the Future Land Use Element there is a discussion that the City is a strategic location for regional public and semi-Public facilities as the City is centrally located in south Palm Beach County (Solid Waste Authority transfer station, County courthouse, County bus maintenance facility, County administrative offices, County mental health and drug rehabilitation centers, etc). The paragraph goes on to state that the City has assumed the burden for these services facilities in the south Palm Beach county area, and is not obligated to accommodate additional facilities. The context of this policy clearly relates to regional facilities that service the south Palm Beach County area, and does not relate in any way to schools. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts Page 6 Description of Low Density and Medium Density Future Land Use Map designations: Low Density: This designation is applied to land which is developed, or is to be developed, at a density of five units per acre or less. Such land is usually developed for single family purposes although mixed residential uses may occur under a planned residential zoning district. Home ownership is charecteristic of this designation. Where this designation exists, uses other than Iow density residential shall not be considered. Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. The majority of the corresponding residential zoning districts currently allow other uses such as chumhes, child care facilities, and educational facilities, while others allow substance abuse treatment facilities and assisted living facilities. Inclusion of public educational facilities as a permitted use into residential zoning districts is probably more appropriate than other uses currently allowed. Schools are typically located in residential areas as is evident with the majority of schools in Delray Beach. There are policies at the local, state and national level which focus on neighborhood schools. Housing Element Objective A.14 - The City recognizes that the condition and operation of its schoOls has a direct bearing on the stability of its neighborhoods. A poorly maintained physical plant can have a blighting influence on a surrounding neighborhood, and a school with poor educational performance can have a depreciating impact on property values of homes located with the district. The City will continue its efforts to upgrade and improve schools located within its boundaries. Housing Element Policy A-14.1 - The future of the public schools located in rehabilitation and revitalization areas (Atlantic High, Plumosa Elementary, Spady Elementary, and Pine Grove elementary) is vital to the future of the associated neighborhoods. The City will continue to lobby the Palm Beach County School District to provide investment in physical improvements, staffing, and curriculum in order to have these facilities be assets to the neighborhoods Housing Element Objective A-4 - For those areas identified as needing "stabilization" on the residential Neighborhood Categorization Map", the City shall take measures to prevent further decline, and to help move the neighborhood toward a classification of "stable". These objectives and policies acknowledge that poorly maintained school facilities can have a negative impact on adjacent uses. However, conversely, a well-maintained facility will add to the stability of neighborhoods and these policies affirm the City's commitment to assure that adequate resources to upgrade and improve school facilities are provided. Planning and Zoning-Board Memorandum Staff Report LDR Text Amendment - Public Educational Facilities in Residential Zoning Districts Page 7 By motion, recommend to the City Commission approval of an amendment to the Land Developm. ent Regulations to add aPublic Educational Facilities of the School Distrfct of Palm Beach County" as a permitted use in residential and Community Facilities (CF) zoning districts; Section 4~3.3 adding supplemental regulations for Public Educational Facilities; modifying the definition of Residential Zoning Districts; renaming Educational Facilities and clarifying that Private Schools and Other Similar Educational Facilities are conditional uses in certain Residential Zoning Districts; and adding "Private Schools and Other Similar Educational Facilities" as a conditional use in the PRD (Planned Residential Development) zoning district, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the City's Comprehensive Plan. Attachments: LDR Proposed.~mendment TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER PAUL DORLING, DIRECTOR OF PLANNIiNiG~AND Z_r~O~G MEETING OF JULY 2, 2002*' ~"~* ~CONSENT AGENDA*~ REGULATIONS SECTION 3.1.1(B) AND SECTION 2.4.3(A)(9) TO ADD PUBLIC SCHOOL CONCURRENCY AS A REQUIRED FINDING AND TO MODIFY SUBMISSION REQUIREMENTS. At its meeting of December 11, 2001, the City Commission adopted Comprehensive Plan Amendment 2001-03, relating to school concurrency. This amendment included the creation of a new Public Schools Facilities Element, and revisions to the existing Capital Improvement Element to include the School Districts adopted Five-Year Capital Facilities Plan. The context of the amendment was adopted by 25 other municipalities, and the County pursuant to an interlocal agreement adopted by the City Commission at their meeting of October 3, 2000. The interlocal agreement requires that all participating municipalities amend their land development regulations in order to implement the terms of the interlocal agreement and the goals, objectives and policies of the adopted comprehensive plan. This amendment is being processed in order to make the necessary changes to the Land Development Regulations to implement public school concurrency into the development review process. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As the proposed text amendments incorporate school concurrency into the development review process, it is consistent and furthers Comprehensive Plan Policies: B-2.1, B-2.2, and B-2.3 of the Future Land Use Element, A-3.6 and Table CI-GOP-1 of the Capital Improvement Element. These policies and table establish Concurrency for specific services and facilities, as a required development review item. Similarly, the text change also furthers and supports Public Schools Facilities Element Objective A-l, and Polices A-1.1 & A-1.4, which establish the (LOS) level of service for public schools. At its meeting of June 17, 2002, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning the proposed amendment. After reviewing the staff report and discussion, the Board voted 5 to 0 (Sowards and Krall absent), to recommend approval. By motion, approve the attached amendments to the LDR Sections 3.1.1(B) and 2.4.3(A)(9) , based upon positive findings with LDR Section 2.4.5(M), and that the amendment is consistent with and furthers, the goals objectives and policies of the City's Comprehensive Plan. Attachment: · Proposed Amendments · Amendment Ordinance · P & Z Staff Report of June 17, 2002. S:~ P&ZV~oards~citycommissionV_DR $C CCDoc. doc /OD ORDINANCE NO. 26-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE LAND DEVF~OPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 3.1, "REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS", SECTION 3.1.1 (B), "CONCURRENCY", TO PROVIDE FOR THE IMPLEMENTATION OF THE PUBLIC SCHOOL CONCURRENCY AMENDMENT; AMENDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4:3(A), "STANDARD APPLICATION ITEMS", PROVIDING FOR A COMPLETED SCHOOL CONCURRENCY APPLICATION AS A STANDARD APPLICATION ITEM; PROVIDING A GENERAL REPEakLER CLAUSE, A SAVINGS 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 June 17, 2002, and voted 5 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 Phn. WHEREAS, Section 163.3180(13), Florida Statutes, authorizes Palm Beach County and the municipalities, unless exempt under sub-section 163.3180(13)(f)1., Florida Statutes, to adopt a school concu~ency program; and WHEREAS, Section 163.3180(13), Florida Statutes, requires that prior to establishing a school concurrency program, palm Beach County, the affected municipalities and the Palm Beach County School Board adopt an Interlocal Agreement for school concurrency to satisfy Section 163.3177(6)0a)1 and 2, Florida Statutea;, and WHEREAS, such an Interlocal Agreement was entered into by palm Beach County, the palm Beach County School Board, the City of Delray Beach and twenty-five (25) other palm Beach County municipalities; and WHEREAS, pursuant to the temas of the Inter. local Agreement, palm Beach County and all twenty-six (26) municipalities have adopted certain Comprehensive Plan amendments; and WHEREAS, pursuant to the terms of the Interlocal Agreement, the City of Delray Beach has adopted Comprehensive Plan Amendment 2001-03 to comply with its Agreement; and WHEREAS, the Interlocal Agreement further requires that all participants amend their land development regulations to implement the terms of the Interlocal Agreement and their adopted Comprehensive Plans; and WHEREAS, the City is hereby amending its Code of Ordinances to provide for the implementation of the Public School Concurrency Amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 3.1, "Required Findings for Land Use and Land Development Applications", Section 3.1.1 (B), "Concurrency" 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: (B) Concurrency_: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County. to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Section 2: That Axtide 2.4, "General Procedures", Section 2.4.3(A), "Standard Application Items", 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: (A) Standard A_Dplication Items: Ever/application for a development approval shall contain the following items: (1) A completed application form, appropriate for the development approval which is sought, as provided by the Director. (2) A copy of the latest warranty deed, as recorded with the County elerlg for all the property under consideration, and a certificate from an attorney-at-law or a tide insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein. 2 ORD. NO. 26-02 (3) If the applicant is other than a single person owner, the written consent of the owner(s) must be provided in a certified form. When an application is executed on behalf of a corporation or a business entity, documentation must be provided which demonstrates that the corporation's representative is authorized to act on behalf of the corporation. (4) A vicinity map which dearly shows the subject property, adjacent properties, and their relationship to streets located within one-half mile of the property. (5) A survey or plat which shows the property described pursuant to the legal description contuined in the warranty deed required in subsection (2), above. Such survey or plat shall show all improvements on the property and must be certified as reflecting conditions on the site as they existed within six (6) months prior to the filing of the application. (6) For all items which involve a public hearing which must be noticed by letter, a list of adjacent property owners pursuant to Section 2.4.2(B)(1)(m). (7) Copy of a letter of notification to utility providers to which a copy of the site plan or plat is provided. (Standard form letter provided by the city). [Reference 2.4.2(C)(2)(a)]. (8) Payment of the appropriate processing fee. See Section 2.4.3(I{) for the fee schedule. (.9) A completed "School District of Palm Beach County. - School Concurrency. A~nlicafion and Service Provider Form". 'and a check or money order for the appropriate fee. made payable to: The School District of Palm Beach County. This is required for all pro!ects which include Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a com't of competent i-ri~dicfion 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. ~ That all ordinunces or parts of ordinunces in conflict herewith be, and the same axe hereby repealed. Section 5. That this ordinance shull become effective immediately upon its passage on second and final reading. ORD. NO. 26-02 PASSED AND ADOPTED in reg,,l~r session on second and final reading on this the day of ,2002. ATrEST MAYOR City Clerk First Reading Second Reading 4 ORD. NO. 26-02 City Commission Documentation Meeting of July 2, 2002' LDR Amendment- Section 3.1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items) Page 2 ARTICLE 3.1 REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT Section3.1.1 Required Findin.qs: Prior to the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. (B) Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, includinq public schools, of the requested land use and/or development applicatiOn will not exceed the ability of the City and The School District of Palm Beach to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Section 2.4.3 Submission Requirements This Section sets forth items which are to accompany an application for development approval. These requirements may be waived when, on a case by case basis, the Planning and Zoning Director finds that such material is not relevant or necessary to fully analyze or make a determination relative to an application. The Director may also require submission of additional information as set forth herein. (A) Standard Application Items: Every application for a development approval ' shall contain the following items: (9) A completed "School District of Palm Beach County - School Concurrency Application and Service Provider Form", and a check or money order for thn appropriate fee, made payable to: The School District of Palm Beach County. This ir, required for all proiects which include residential dwelling units. P&Z Board Staff Rep.oH LDR Amendment - Section 3.1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items) Page 5 PROposED ORDINANCE ARTICLE 3.1 REQUIRED FINDINGS FOR LAND USE AND LAN_D DEVELOPMENT APPLICATIONS Section 3.1.1 Required Findinqs: Prior to the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. (B) Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, includinq public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Section 2.4.3 Submission Requirements This Section sets forth items which are to accompany an application for development approval. These requirements may be waived when, on a case by case basis, the Planning and Zoning Director finds that such material is not relevant or necessary to fully analyze or make a determination relative to an application. The Director may also require submission of additional information as set forth herein. (A) Standard Application Items: Every application for a development approval shall contain the following items: (9) A completed "School District of Palm Beach County - School Concurrency Application and Service Provider Form", and a check or money order for the appropriate fee, made payable to: The School District of Palm Beach County. This is required for all proiects which include residential dwellinq units. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JUNE 17, 2002 AGENDAITEM: IV.F. AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS SECTION 3.1.1(B) AND SECTION 2.4.3(A)(9) TO ADD PUBLIC SCHOOL CONCURRENCY AS A REQUIRED FINDING AND TO MODIFY SUBMISSION REQUIREMENTS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) Section 3.1.1(B) and 2.4.3(A)(9) regarding the implementation of school concurrency, pursuant to Section 2.4.5 (M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. I BACKGROUND At its meeting of December 11, 2001, the City Commission adopted Comprehensive Plan Amendment 2001-03, relating to school concurrency. This amendment included the creation of a new Public Schools Facilities Element, and revisions to the existing Capital Improvement Element to include the School Districts adopted Five-Year Capital Facilities Plan. The context of the amendment was adopted by 25 other municipalities, and the County pursuant to an intedocal agreement adopted by the City Commission at their meeting of October 3, 2000. The intedocal agreement requires that all participating municipalities amend their land development regulations in order to implement the terms of the interlocal agreement and the goals, objectives and policies of the adopted comprehensive plan. This amendment is being processed in order to make the necessary changes to the Land Development Regulations to implement public school concurrency into the development review process. LDR TEXT AMENDMENT ANALY$i~ I Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The following obiectives and policies of the City's adopted Comprehensive Plan establish Concurrency for specific services and facilities, as a required development review item: IV.F. P&Z Board Staff Report LDR Amendment - Section 3.1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items) Page 2 FUTURE LAND USE ELEMENT Oblective B-2 Facilities and services which are previded by, or through, the City of Delray Beach shall be provided to new development concurrent with issuance of a Certificate of Occupancy pureuant to the following policies. Policy B-2.1 Services and facilities shall be provided pursuant to the levels of service as established elsewhere in this Plan, concurrent with occupancy... For streets, drainage, and other facilities concurrency shall be determined by the following: the improvement is in place prior to issuance of the occupancy permit; the improvement is bonded, as a part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; the improvement is a part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Policy B-2.2 As a part of the City's Concurrency Management System, prior to issuance of any certificate of occupancy, the Chief Building Official or a designee shall certify that concurrency is achieved. Policy B-2.3 Prior to recommending approval of any land use application which comes before it, the Local Planning Agency, or appropriate approving body, must make a finding of consistency with this objective and its supporting policies. If such a finding cannot be made, either conditions shall be made which provide for concurrency or the land use request shall be denied. CAPITALIMPROVEMENT ELEMENT Policy A-3.6 The City of Delray Beach hereby adopts the Level of Service (LOS) standards as set forth in Table CI-GOP-1 as the mandatory levels of service for public facilities within the City's Municipal Boundaries and Planning Area. * Table CI-GOP-1 refers to the Public Schools Facilities Element to establish a level of service (LOS) for public schools. In addition, the following objectives and policies of the City's adopted Comprehensive Plan establish the required level of Service (LOS) for public schools: PUBLIC SCHOOLS FACILITIES ELEMENT Objective A-1 Level of Service To ensure that the capacity of schools is sufficient to support student growth at the adopted level of service standard for each year of the five- year planning period and through the long term planning period. Policy A-1.1: The LOS standard is the school's utilization which is defined as the enrollment as a pereentage of school student capacity based upon the Florida Inventory P&Z Board Staff Report LDR Amendment - Section 3.1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items) Page 3 of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each type within each Concurrency Service Area. No individual school shall be allowed to operate in excess of 110% utilization, unless the school is the .subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that the school can operate in excess of 110% utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 % or higher capacity. As a result of an SCS, an individual school may operate at up to 120% utilization. Policy A-1.4: The adopted LOS standard shall become applicable to the entire County at the beginning of the 2004-05 school year, by which time the School District has achieved the countywide adopted level of service for all schools of each school type. In the interim, Table A-1.1 establishes the tiered level of service standards for each CSA by school type. Individual schools of each type may exceed the Tiered LOS standards during the period in which Tiered LOS are in effect. Each individual school exceeding the Tiered LOS during that time shall not be allowed to exceed the utilization standards for that school type as shown in the Maximum Utilization Table of this element (Table A- 1.2). The first change to Article 3.1 (Required Findings for Land Development Applications), Section B (Concurrency), adds the necessary language which establishes that a positive finding for public school concurrency must be made for all applicable land use actions. The second change to Section 2.4.3 (Submission Requirements), Sub-section A (Standard Application Items), will be modified to add a new subsection (9), which will require a completed School District of Palm Beach County - School Concurrency Application and Service Provider Form, be provided at the time of submission of development proposals which include residential units. This form is reviewed by the School District, which responds within 15 days of submission of the application with their findings. All projects located within the City Transportation Concurrency Exception Area (TCEA) are exempt from this requirement, up to the extent of the total number of dwelling units approved for the TCEA. As the proposed text amendments incorporate school concurrency into the development review process, it furthers the above listed objectives and policies of the Comprehensive plan, and thus a positive finding with respect to LDR Section 2.4.5 (M)(5) can be made. P&Z Board Staff Report LDR Amendment - Section 3.1.1 (B) (Concurrency) and Section 2.4.3 (A) (Standard Application Items) Page 4 RECOMMENDED ACTION By motion, recommend approval of the attached amendments to the LDR Sections 3.1.1(B) and 2.4.3(A)(9), based upon positive findings with LDR Section 2.4.5(M). That the amendment is consistant with and furthers, the goals objectives and policies of the City's Comprehensive Plan. Attachment: Proposed Amendment TO: THRU: FROM: SUBJECT: COMMISSION DOCUMENTATION I D~4~R~ MANAGER PAUL DORUNG, PLANc~ING AND ZONING DIRECTOR SCOTT D. PAPE, SENIOR PLANNER//'~I~/- ~ MEETING OF JULY 2, 2002 PRIVATELY INITIATED SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM GC (GENERAL COMMERCIAL) !N PART AND CMR (COMMERCE) IN PARI TO CMR (COMMERCE) AND REZONING FROM GC (GENERAL COMMERCIAL) IN PART AND MIC (MIXED INDUSTRIAL AND COMMERCIAL) IN PART TO Mlu (MIXED INDUSTRIAL AND COMMERCIAL) FOR PROPERTY, LOCATED AT THc NORTHWEST CORNER OF INTERSTATE HIGHWAY 95 AND WEST ATLANTIC AVENUE (80 DEPOT AVENUE - HISTORIC TRAIN DEPOT). BACKGROUND The 1.80 acre property contains the train depot which was listed in the National Register of Historic Places in September, 1986 and in the Local Register of Historic Places in October, 1988. The building was constructed in 1926 and has been used as an office for an interior decorator and furniture repair, which are permitted uses in the proposed MIC zoning district. A companion Conditional Use application has been submitted to use the northern portion of the building as a monument and ornamental stone cutting and polishing business. The south portion will continue to be utilized as an intedor decorator's office and furniture repair. As the stone cutting use is not a Use allowed under the currant commercial Future Land Use Map (FLUM) and Zoning categories, the applicant has sought a change. Additional background and an analysis of the FLUM and Rezoning request are found in the attached Planning and Zoning Board Staff Report. At its meeting of June 17, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request and no one from the public spoke. After discussing the proposal, the Board unanimously voted to recommend approval of the FLUM and Rezoning changes based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for the proposed small scale FLUM Amendment from GC (General Commercial) in part and CMR (Commerce) in part to CMR (Commerce) and Rezoning from GC (General Commercial) in part and MIC (Mixed Industrial and Commercial) in part to MIC (Mixed Industrial and Commercial) based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2~4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: P & Z Staff Report of June 17, 2002 ORDINANCE NO. 25-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CMR (COMMERCE) IN PART AND GC (GENERAL COMMERCIAL) IN PART TO CMR (COMMERCE) ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMAI.I. SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMRRCIAL) DISTRICT AND MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND INTERSTATE-95 (FORMER TRAIN STATION DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DRI.RAY BEACH, FLORIDA, FEBRUARY, 2002"; PROVIDING A GENERAL REpF_~LRR CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, The Atlantic Group Holdings, Corp., is the fee simple owner of a 1.80 acre parcel of land located on the northwest comer of West Atlantic Avenue and Interstate-95 (fo~mer train station depot); and WHEREAS, the subject property hereinafter descaS, bed has an existing Future Land Use Map CMR (Commerce) in part and GC (General Commer~i~h, in part; and WHEREAS, the owner of the property requested to change the Future T~fld Use Map designation from CMR (Commerce) in part and GC (General Commercial) in part to CMR (Commerce); and WHEREAS, the property hereinafter described is shown on the Zoning Distsict Map of the City of Dekay Beach, Florida, dated February, 2002, as being zoned GC (General Commercial) District and MIC (Mixed Industafial and Commewi~l) District; and WHEREAS, at its meeting of June 17, 2002, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMIVIISSION OF THE CITY OF DI=.I.KAY BE, ACH, FLORIDA, AS FOLLOWS: Section 1. That the Future Land Use Map designation of the subject property is hereby officially affixed as CMR (Commerce). Section 2. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 3. That the Zoning District Map of the City of Dekay Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and Commercial) District for the following described property: See Exhibit A attached hereto and made a part hereof. Section 4. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 3 hereof. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 jnri.diction 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 this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Depa~mient of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Depa~m,ent of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. 2 ORD. NO. 25-02 PASSED AND ADOPTED in reg-hr session on second and final reading on this the day of ,2002. MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 25-02 EXHIBIT "A" TO ORDINANCE NO. 25-02 PARCEL 1 A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the Nordaeast comer of said Section 18; Thence with a bearing of South 00' 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a beating of South 89' 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00' 30' 00" East, along a line 264.00 feet West of and parallel to the East line of Section 18, a distance of 1,280.24 feet to a point; thence with a beating of South 32' 53' 57" West, a distance of 43.58 feet to a point of curvature; thence with a curve to the left, having a radius of 632.00 feet, an arc length of 215.00 feet to the Point of Beginning: thence with a bearing of South 07 ° 50' 46" West, a distance of 399.94 feet to a point; thence with a beating of South 22' 58' 54" West, a distance of 81.05 feet to a point; thence with a bearing of South 81 ° 46' 47" West, a distance of 17.99 feet to a point; thence with a bearing of North 00' 30' 00" West, a distance of 629.54 feet to a point; thence with a bearing of North 89° 30' 00" East, a distance of 97.15 feet to a point; thence with a curve concave to the West, having an initial tangent bearing Of South 07' 04' 59" East, a radius of 541.40 feet, a central angle of 16' 21' 56", an arc length of 154.64 feet to a point; thence with a bearing of South 79' 19' 23" East, a distance of 15.62 feet, more or less, to the Point of Beginning. PARCEL 2 A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Dekay Beach, Palm Beach County, Florida, said parcel being more partio~hrly described as follows: Commencing at the Northeast comer of said Section 18, thence with a bearing of South 00' 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a bearing of South 89' 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00' 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a distance of 670.10 feet to a point; thence with a beating of North 89' 17' 11" West, a distance of 172.85 feet to a point; thence with a bearing of North 89° 16Y 05" West, a distance of 30.00 feet to a point; thence with a bearing of South 00' 30' 00" East, a distance of 549.97 feet to the Point of Beginning; thence with a boring of South 89' 16' 05" East, a distance of 51.99 feet to a point; thence with a bearing of South 13' 30' 39" East, a distance of 83.23 feet to a point; thence with a curve concave to the Southwest, having an initial tangent bearing of South 14' 33' 49" East, a radius of 541.40 feet, a central angle of 06' 11' 07", an arc length of 58.45 feet to a point; thence with a bearing of South 89' 30' 00" West, a distance of 97.11 feet to a point; thence with a bearing of North 00' 30' 00" West, a distance of 139.89 feet to a point; thence with a bearing of South 89' 16' 05" East, a distance of 15.28 feet more or less, to the Point of Beginning. PARCEL A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida said parcel being more parfio,l~rly described as follows: Commencing at the Northeast comer of Section 18; thence with a bearing of South 00' 30' 00" East, along the East line of said Section 18, a distance of 690 feet to a point; thence with a bearing of South 89' 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00' 30' 00" East, along a line lying 264.00 feet West of and paralld to the East line of Section 18, a distance of 670.10 feet to a point; thence with a beating of North 89' 17' 11" West, a distance of 172.85 feet to the Point of Beginning; thence with a bearing of South 00° 30' 00" East, a distance of 453.54 feet to a point; thence with a curve concave to the East, having an initial bearing of South 02' 56' 4Y' East, a radius of 25.00 feet, a central angle of 13' 07' lY', an arc length of 5.72 feet to a point; thence with a be~rlng of South 13° 30' 39" East, a distance of 93.70 feet to a point; thence with a beating of North 89' 16' 05" West, a distance of 51.99 feet to a point; thence with a be~rlng of North 00' 30' 00" West, a distance of 549.97 feet to a point; thence with a bearing of South 89' 16' 05" East, a distance of 30.00 feet, more or less, to the Point of Beginning. Subject to a 16 foot Railroad track easement for railroad purposes, being more partio~larly described as follows: Commencing at the Northeast comer of said Section 18; thence with a beating of South 00° 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a beating of South 89° 30' 00" West, a distance of 264.00 feet to a point; Thence with a bearing of South 00' 30' 00" East, along a line lying 264.00 feet West of and paralld to the East lille of Section 8, a distance of 670.10 feet to a point; thence with a beating of North 89' 17' 11" West, a distance of 172.85 feet to a point; thence with a bearing of South 00° 30' 00" East, a distance of 222.16 feet to the Point of beginning of the boundary of 16 foot track easement; thence with a beating of South 00' 30' 00" East, a distance of 39.70 feet to a point; thence with a curve concave to the Northeast, having an initial tangent beating of North 25° 23' 41" West, a radius of 924.65 feet, a central angle of 04' 51' 58", an arc length of 78.53 feet to a point; thence with a bearing of North 00° 30' 00" West, a distance of 50.31 feet to a point; thence with a curve concave to the northeast, having an initial tangent bearing of South 17' 32' 49" East, a radius of 908.65 feet, a central angle of 05' 34' 34" East, an arc length of 88.43 feet, more or less, to the Point of Beginning Also subject to an easement of ingress and egress over the roadway located on the hereinabove described Parcels 2 and 3 for the purpose of access to the team track West of said property, for so long as said tracks remain in place. And there is further reserved to Amtrak and the public, an easement on ingress and egress over said roadway for the purpose of access to the present Amtrak facility located thereon. 2 ORD. NO. 25-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: June 17, 2002 IV. D. I~uture Land Use Map Amendment From CMR (Comr~erce) in Part and GC (General Commercial) in Part To CMR (Commerce) and Rezoning From MIC (Mixed Industrial and Commercial) in Part and GC (General Commercial) in Part To MIC (Mixed Industrial and Commercial) For a 1.80 Acre Parcel of Land Located at the Northwest Comer of West Atlantic Avenue and Interstate -95 Former Train Station ;pot). GENERAL DATA: Owner/Applicant/Agent ..... Location .......................... Property Size .................. Existing FLUM ................ Proposed FLUM ............. Current Zoning ................ Adjacent Zoning....North: East: South: West: Existing Land Use ........... Proposed Land Use ........ Wat.r Service ................. Sewer Service ................. The Atlantic Group Holdings, Corp. Northwest Comer of West Atlantic Avenue and Interstate -95 (Former Train Station Depot). 1.80 Acres GC (General Commercial) & CMR (Commerce) CMR (Commerce) GC (General Commercial) & MIC (Mixed Industrial and Commercial) I (Industrial) MIC (Mixed Industrial and Commercial) & R-1-A (Single Family Residential - Across from Interstate-95) CD (Conservation District- Across from West Atlantic Avenue) MIC (Mixed Industrial and Commercial) Office Buildings Monument and stone cutting facility with attendant showroom. Existing on site. Existing septic tank on site, with drainage field at the southernmost end of property. " IV.D. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from GC (General Commercial) in part and CMR (Commerce) in part to CMR (Commerce) and rezoning from GC (General Commercial) in part and MIC (Mixed Industrial and Commercial) in part to MIC (Mixed Industrial and Commercial) for property located at the northwest comer of Interstate Highway 95 and West Atlantic Avenue (80 Depot Avenue). Pursuant to Section 2.2.2(E)(6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and rezoning of any property within the City. The property consists of a meets and bounds description and contains 1.80 acres. The property contains the train depot which was listed in the National Register in September, 1986 and in the Local Register of Historic Places in October, 1988. The building was constructed in 1926 and has been used as an office for an interior decorator and furniture rePair, which are permitted uses in the proposed MIC zoning district. At its meeting of November 25, 1986 the City Commission approved a Future Land Use Map Amendment from Industrial to Commercial and a Rezoning from MI (Medium Industrial) to GC (General Commercial). These were privately initiated applications by the owner of the property. The applicant indicated that change to commercial designations from industrial were appropriate since the use of the property by AMTRAK had ended and that the property was appropriately sited for office and retail uses. These proposed changes were requested despite the lack of access to West Atlantic Avenue. An application has been submitted to use the northern portion of the building as a monument and ornamental stone cutting and polishing business. The south portion will continue to be utilized as an interior decorator's office and furniture repair. In accordance with Chapter 163, Florida Statutes, this Future Land Use Map amendment is considered a small scale amendment and is not limited to the twice-a- year Comprehensive Plan Amendment review process. Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the Planning and Zoning Board Staff Report ':--',' Natural Stone Fabrication (Train Depot) - Small-Scale FLUM Amendment and Rezoning Page 2 frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre except for properties that are designated in the Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization; The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and, The property that is the subject of a proposed amendment is not located within an area of critical state concern. The 1.80 acre property does not exceed 10 acres nor does it exceed the maximum of 60 acres annually for properties located outside of designated redevelopment or traffic concurrency exception areas. This application is only the second small-scale FLUM amendment this year and would result in a combined total of 4.406 acres considered as small scale amendments. The subject property does not involve a residential land use, a text change nor is it located in an area of critical state concern. The proposed Future Land Use Map amendment involves a property that has not previously been considered nor located within 200' of property owned by the applicant which was approved for a land use change, within the past year. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.'1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Planning and Zoning Board Staff' Report Natural Stone Fabrication (Train Depot)- Small-Scale FLUM Amendment and Rezoning Page 3 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed MIC zoning district is consistent'with the proposed CMR (Commeme) FLUM designation. The proposed monument and stone cutting business is allowed in the MIC (Mixed Industrial and Commercial) zoning district as a conditional use. Based on the above, positive findings can be made with respect to FLUM consistency. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. The following Comprehensive Plan Policy applies to Future Land Use Map Amendments: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: r~ Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the.availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The property is currently used as an office and furniture repair for an interior decorator. The property was previously used for a contractors office/warehouse and a train depot. The owner of the property proposes to utilize a portion of the property for a monument and stone cutting and polishing business. The applicant has indicated that the monument and stone cutting operation of the business will be conducted within the warehouse (north) portion of the building. The proposal includes the outdoor storage of material and product along the east side of the property adjacent to an existing industrial property. The applicant has submitted a narrative that states: UAt the time the Comprehensive Plan and FLUM were adopted, a section of General Commercial Land Use/General Commercial Zoning was carved out of the surrounding industrial area for West Atlantic Avenue/CSX train station. This property has visibility from Atlantic Avenue, but access only from Lake Ida Road. The designation at that time allowed the train station to continue operating as an Planning and Zoning Board Staff Report Natural Stone Fabrication (Train Depot) - Small-Scale FLUM Amendment and Rezoning Page 4 existing, conforming use. Subsequently, the train station was moved to the governmental complex just south of Atlantic Avenue. This resulted in a commercially zoned building and property, without suitable commercial access. This change in circumstances for the property constitutes a significant change to the character of the property which would justify its change to Commerce Land Use and MIC Zorfing." This is in fact not the case. The commercial designation was requested by a prior property owner in 1986 and was made with the knowledge that the AMTRAK stop would be relocated. The request was made to accommodate office and retail uses, however, the project never moved forward due to a number of issues including access. As noted in the applicant's narrative, the existing commercial designation of the property is inappropriate since the property contains no direct vehicular access to the property from West Atlantic Avenue, This situation results in the insufficient exposure to sustain commercial businesses. When the Comprehensive Plan was originally adopted in 1989, the conclusion that the Commerce land use designation was the most needed land use designation (see Future Land Use Element Policy A- 1.3) in the City was arrived at based on data and analysis. The proposed FLUM and zoning change is appropriate as an industrial use of the property will be more sustainable since direct access to the arterial road is not critical to the uses allowed with these designations. The FLUM designations surrounding the proper~y are Commeme, which is consistent with the character of the area. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the above policy as well as other goals, objectives and policies of the City'S Comprehensive Plan. The FLUM amendment will also address the following Comprehensive Plan Policy: Future Land Use Element Policy A-1.3 - The Commerce land use designation, which involves a mix of light industrial, commercial uses, and research and development, is the most needed land use during the City's final stage of build-out. Thus, changes to the Future Land Use Map, which diminish this land use, are discouraged. The proposed FLUM amendment will place additional land that is designated commercial and place it in the Commerce category. Future Land Use Element Policy C-1.3 - The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. Such efforts should include: Enhanced and continuous code enforcement, Regulations which required heavy industrial uses to provide perimeter landscaping of their sites, Planning and Zoning Board Staff Report ' Natural Stone Fabricat!on (Train Depot) - Small-Scale FLUM Amendment and Rezoning Page 5 Owners of vacant property shall provide a landscape appearance of their properties. The applicant has submitted a conditional use application for the monument and ornamental stone cutting business. With this application and subsequent site plan modification upgredes t° the property with respect to landscaping will be required. It is noted that the applicant has proposed no physical improvements as part of this application. Given this Policy and the fact that the use will contain an outside storage area, which is required to be screened, a site plan modification is required and attached as a condition of approval for the related Conditional Use request. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves a FLUM amendment on a 1.80 acre parcel from GC in part and CMR in part to CMR. The impact on adopted concurrency standards will be significantly reduced by the proposed FLUM amendment. Traffic: The applicant has submitted a traffic statement that indicates that the existing 7,200 square foot building utilized for an industrial use will generate 47 average daily trips onto the surrounding road network. The 7,200 square foot building's highest intensity under the existing commercial land use designation may result in a maximum of 170 trips (7,200 sq.ft./1,000x42.92-45%=170 trips). Therefore a reduction in traffic impact is to be expected. Water and Sewer: D Water service is provided to the site via an 8" water main, which is located along the south side of the property on West Atlantic Avenue. r'l Sewer service is provided via a septic tank system; The drainage field is located . along the south side of the property. E! Adequate fire suppression is provided to the site via an existing fire hydrent along the northeast side of the building. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. Pureuant to the Public Facilities Element Policy ^-1.1, existing septic tanks which are located in sewered areas throughout the City shall be removed from use as necessary pureuant to Florida Statutes. There are no sewer mains located adjacent to the property or within reasonable distance to extend to the subject property. The proposed convereion of the commercial property to industrial will decrease the demand on all public services. Thus, a positive finding with respect to this level of service standard can be made. Planning and Zoning Board Staff Report "" Natural Stone Fabrication (Train Depot) - Small-Scale FLUM Amendment and Rezoning Page 6 Parks and Recreation: There will be no impact on the City's Parks and Recreation facilities due to the FLUM and Rezoning changes. Solid Waste: Trash generated each year by the 7,200 square foot stone cuffing operation will be will be 16.92 tons per year. The existing 7,200 square.foot general commercial generates 26.28 tons per year. The conversion will result in a net decrease in the impact on this level of service standard. It is anticipated that there will be environmental resource recovery equipment required with this use by the Department of Environmental Protection. The applicant will be required to include the location of the equipment with the site plan modification. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded on the north, east and west by MIC zoned property and/or existing industrial uses. To the east across 1-95 right-of-way are residences zoned R-1-A. There is no compatibility concern with respect to these residences due to the separation of the 1-95 right-of-way, which is 970' wide. The proposed monument and stone cutting use will be compatible with these properties. The proposed industrial use will have no impact on the CD (Conservation District) property that is located to the south across West Atlantic Avenue. Based on the above, a positive finding with respect to compatibility can be made. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 1.80 acre parcel of land will occur in accordance with the City's Land Development Regulations. A conditional use is currently being processed to establish a stone cutting operation in the north portion of the building. The proposal includes an outdoor storage on the northeast side of the property. It is noted that screening of this area will be required. Furthermore, per the Future Land Use Element Policy C-1.3, landscaping, parking area and dumpster enclosure improvements will be necessary to improve the aesthetics of the property. With the provision of the above, a positive finding with respect to compliance with the Land Development Regulations can be made. Future Land Use Map Consistency, Concurrency and Comprehensive Plan COnsistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Planning and Zoning Board Staff'Report Natural Stone Fabricat. ion (Train Depot) - Small-Scale FLUM Amendment and Rezoning Page 7 CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(1:))(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C, and E are not applicable, The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Direction Zonin.q Uses North MIC Vacant West MIC Industrial South CD Preserve Area East MIC & 1-95 R-O-W (970' wide) Industrial The proposed industrial designation of the property is consistent with the prevalent development pattern of the surrounding properties. Furthermore, the existing commercial designation of the property is inappropriate since there is no access to West Atlantic Avenue, which restricts the viability of the property for general commercial activity. Section 2.4.5{D)(5) (Rezonin.q Findin.cls): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar Intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Planning and Zoning Board sta~ Report Natural Stone Fabricat~ion (Train Depot) - Small-Scale FLUM Amendment and Rezoning Page 8 The applicant submitted a justification statement which states: "Our property is half MIC and half CG. We need this change because of our business is expanding. We are in a MIC area all around us north, south, east, and west." The property has two FLUM and Zonin'g designations (GC and MIC). The requested MIC for the entire property is more appropriate. Without access to West Atlantic Avenue, the designation of the property as GC zoning is inappropriate. The use of the property for industrial uses is consistent with the surrounding uses of the property. Therefore, a finding can be made the rezoning fulfills subsections "c." The property is not in an area that requires review by the Community Redevelopment Agency or Downtown Development Authority. Historic Preservation Board (HPB) The HPB reviewed the FLUM amendment, Zoning Map change and Conditional Use at its meeting of June 5, 2002' and recommended approval of these applications. The Board recognized that the CMR FLUM designation and MIC zoning designation were appropriate for the property. However, the Board had concerns with respect to the outdoor storage component of the use and the adverse impact it would have on the historic character of the property. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objectiOn, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · United Property Owners Association · PROD · Presidents Council Letters of support or ~)bjection, if any, will be presented to the Board at its meeting. The proposed FLUM amendment and Rezoning will provide the appropriate industrial classification for the subject property which is appropriate given the site constraints. Planning and Zoning Board Staff Report Natural Stone Fabrication (Train Depot) - Small-Scale FLUM Amendment and Rezoning Page 9 The proposed use of the property as industrial will be consistent with the surrounding industrial uses. Positive findings for the Land Use Change can be made with respect to Future Land Use Element Policy A-_1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made for the rezoning with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.2.2 (Standards for RezOning Action). Therefore, the proposed FLUM amendment can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Recommend to the City Commission approval of the small-scale FLUM Amendment from CMR and GC to CMR and rezoning from MIC and GC to MIC for the subject property, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.2.2 (Standards for Rezoning Action), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Recommend denial to the City Commission of the small-scale FLUM Amendment from CMR and GC to CMR and rezoning from GC and MIC to MIC based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.2.2 (Standards for Rezoning Action), and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the privately sponsored small scale FLUM Amendment from GC (General Commercial) in part and CMR (Commerce) in part to CMR (Commerce) and Rezoning from GC (General Commercial) in part and MIC (Mixed Industrial and Commercial) in part to MIC (Mixed Industrial and Commercial) based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.2.2 (Standards for Rezoning Action), and the Goals, Objectives, and Policies of the Comprehensive Plan Report prepared by: Scott PaDe. Senior Planner Attachments: · Proposed Future Land Use Map and Zoning Map · Location Map CONGRESS A VENUE UTO CENTER PALM TRAN ~ TELLITE-FACILITY D£LRA Y AWNING N SETA I AR TIC ICE CMR GC N.W. 2NO ST. LW. 1ST ST. AREA OF MODIFICATION NATURAL STONE FABRICATION - FUTURE LAND USE MAP AMENDMENT- FROM: CMR (COMMERCE) & GC (GENERAL COMMERCIAL) TO: CMR (COMMERCE} CF DELRA Y AWN NG MIC N AREA OF MODIFICATION NATURAL STONE FABRICATION - REZONING - FROM: MIC (MIXED INDUSTRIAL & COMMERCLaJ.) & GC (GENERAL COMMERCIAL TO: MIC (MIXED INDUSTRIAL & COMMERCIAL) PROSPECI ST. ~ ] AVENUE ~._N r . ...,/AUTO C£NrER ~ ~ 2ND ST. PALM ~AN SA ~LLI~-FACILIT~ I DELRA Y ~ A ~IN~ co~. ~KER MA~RIALS < , ~ NATU~L STONE FABRICATION ~ ~' ~A~ .[~. ~ ~ - AREA OF MODIFICATION TO: THROUGH: FROM: SUBJECT: PAUL DORLING, DIRECTO~j(liF PLANNING AND ZONING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF JULY 2, 2002 REQUEST FOR AN ORDINANCE TO ESTABLISH AN INDIVIDUAL HISTORIC DESIGNATION FOR THE PROPERTY AT 910 NE 2"D AVENUE INCLUDING LOTS t-3~ 28~ & 29 OF BLOCK 10~ LOCATED BETWEEN NE 9TM STREET AND NE t0'" STREET ON THE WEST SIDE OF NE 2"D AVENUE. The proposed designation is for Lots 1-3, 28, & 29, Block 10 of the Dell Park subdivision, which consists of a lot with a single family residence in the center of the property with vacant lots on either side. Constructed c. 1926, the 3,057 sq. ft. strUcture and garage at 910 NE 2"d Avenue, located on Lot 3, is a good example of a Mediterranean-Revival style residence: Home to S.E. O'Neal, one of Delray's boom time settlers, the structure remains architecturally sound having retained many of its stylistic features including a .high-relief door surround, barrel tile roof, smooth stucco exterior, and arched fenestration. In addition to the house, a 400 sq. ft garage was constructed and lies to the west (behind) of the house. The construction dates run parallel with the early settlement of nearby Del-Ida Park Historic District and shares some common architectural influences of that district as well as the Mediterranean-Revival influences in South Florida during the 1920s. The structure is outside the boundaries of the five historic districts. The residence is unique and would be a good addition to the Local Register of Historic Places as an individually listed property. In 1987, the City of Delray Beach passed Ordinance 13-87 establishing the Historic Preservation Board and the process for promoting and listing historically, archaeologically, and architecturally significant sites and properties in a Local Register of Historic Places. Currently, there are five historic districts and twenty-five individually listed properties. During its meeting on June 5, 2002, the Historic Preservation Board set the public hearing for June 19, 2002 to discuss the proposed designation and provide a recommendation to the City Commission for the individual historic property listing. On June 19, 2002, the Board unanimously (7-0) approved the recommendation to the City Commission to list the O'Neal House in the Local Register of Historic Places. Public comment during this meeting was in favor of the designation. The residence at 910 NE 2nd Street, built c. 1928 as a single-family residence is being considered for listing in the Local Register of Historic Places for historical significance under the criteria listed in LDR Section 4.5.1 (B)(2)(a) as the residence of one of Delray's early residents, politically and socially active in the community. The dwelling can also be designated under the criteria listed in LDR Section 4.5.1(C)(3)(a) and (b) as the structure is architecturally significant for its unique interpretation of a Mediterranean-Revival style structure and for its representation of architectural development in Delray Beach and South Florida in the 1920s. If approved, waivers will be requested from the Historic Preservation Board to allow construction of two single family houses on the balance of the property. Approve Ordinance 27-02. ORDINANCE NO. 27-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DgJ.RAY BEACH, FLORIDA, DESIGNATING THE O'NEAL HOUSE, LOCATED AT 910 N.E. 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DI~.I3LAy BEACH, FLORIDA, 2002" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, a designation report was prepared for the O'Neal House located at 910 N.E. 2nd Avenue; and WHEREAS, the Historic Preservation Board of the City of Delray Beach hdd a duly noticed public hearing in regard to the historic designation on June 19, 2002, and voted unanimously to recommend that the O'Neal House be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public heating in regard to the designation of the O'Neal House as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS: $ection 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delxay Beach, Florida, more partio,l~rly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of palm Beach County, Florida. Section 2. That the planning Director of said City shall, upon the effective date of this ordinance, amend the "Zoning Map of the City of Delray Beach, Florida, 2002" to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ 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 i~*i*diction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in reg,,lor session on second and final reading on this the day of ,2002. ATFEST MAYOR City Clerk Fix'st Reading Second Reading 2 ORD. NO. 27-02 TO: THROUGH: FROM: SUBJECT: D~R~'r~. MANAGER P~UL~ORMNG, DI~,E~CTOR OF PLANNING AND ZONING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF JULY 2, 2002 REQUEST FOR AN AMENDMENT TO ORDINANCE 70-89 TO ENCLOSE A 250 SQ. FT. BALCONY INVOLVING A PARCEL OF LAND LOCATED AT 610 & 6t5 NORTH OCEAN BOULEVARD~ APPROXIMATELY 900' SOUTH OF GEORGE BUSH BOULEVARD BETWEEN ANDREWS AVENUE AND THE ATLANTIC OCEAN; AN INDIVIDUALLY LISTED HISTORIC PROPERTY. The Fontaine Fox historic designation contains approximately 2.5 acres of land and consists of Lots 1, 2 and 3 of the Ocean Apple Estates Plat and the south 10' of Lot 3 (lying east of A1A) of the Palm Beach Shore Acres plat. The properties are located approximately 900' south of George Bush Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 is on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while lots 2 and 3 are on the west side of Ocean Blvd (610 N. Ocean Blvd.), between N. Ocean Boulevard and Andrews Avenue. The lot on the east side of North Ocean Boulevard, (Lot 1 ) contains a modem 2,400 square foot home, which was constructed in 1992. The Historic Preservation Board recommended approval of Ordinance 70-89 (Fontaine Fox historic designation) to the City Commission on September 20, 1989 with the stipulations that on Lot 1, the oceanfront lot, one dwelling unit of no more than 2,400 square feet could be built and that the entire Fontaine Fox site be subdivided into no more than three lots for no more than three dwelling units (one house per Iot)i The Ordinance was adopted by the City of Delray Beach on October 24, 1989. In conjunction with the designation, the beachfront lot (Lot 1) received a variance to allow for a lot that did not comply with the minimum lot area and side building setback requirements of the R-l-AAA zoning district. The gross lot size was reduced from 12,500 sq. ft. to 8,042 sq. ft. and the side setbacks reduced from 12' to 5'. A request to amend Ordinance 70-89 was submitted in June 1992 which proposed an 850 square foot addition to the gross floor area for the single family home to be constructed on Lot 1 (615 N. Ocean Boulevard). This amendment would have allowed a dwelling unit of 3,250 gross square feet as opposed to the 2,400 square foot restriction as imposed by the Ordinance. Upon review of the request, the Historic Preservation Board recommended approval of the amendment to the City Commission at its meeting on October 27, 1992. The amendment request was denied by the City Commission during its meeting on October 27, 1992. The Commission felt that the increase of 850 sq. ft. was not appropriate due to the alteration of the footprint's impact on the surrounding properties. On June 19, 2002, the Historic Preservation Board considered the current request and unanimously recommended approval (7-0) to the City Commission to increase the square footage of the building from 2,400 sq~ ft. to 2,650 sq. ft. There was no public comment regarding this project. Two letters of support by owners of neighboring property were read into record. The 250 sq. ft. balcony enclosure will include the demolition of the northeast corner wall on the first floor On the seaward side and the removal of the existing sliding glass doors. The enclosure will be completed with the construction of new walls and the installation of impact resistant windows and City Commission Docurqentation Meeting of July 2, 2002 Fontaine Fox Historic Property Page 2 glass doorsrs to match the extant fenestration. Sidelights will also be added to the doorsrs of the frsrst floor master bedroom. The first floor window (at the bathroom) will be relocated from the west elevation to the north. As there is no change to the building's footprint and the increase in square footage does not detrimentally affect the histodc structure on the west side of North Ocean Boulevard, staff supports the Board's recommendation to amend Ordinance 70-89 to increase the gross floor area from 2,400 sq. ft. to 2,650 sq. ft. Approve Ordinance 28-02. ORDINANCE NO. 28-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF D~I.RAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 BY AMENDING SECTION 2, "REQUIREMENT OF DESIGNATION" TO INCREASE THE MAXIMUM FLOOR AREA FROM 2,400 SQUARE FEET TO 2,650 SQUARE FEET FOR THE DW~J.LING UNIT WHICH LIES EAST OF STATE ROAD A-DA (615 N. OCEAN BOULEVARD); PROVIDING A GENERAL REPF_,AI.F~R CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 70-89 was passed and adopted in reg,,!~r session on second and final reading on October 24, 1989; and WHEREAS, on June 19, 2002, the Historic Preservation Board of the City of Delray Beach recommended 7 to 0 that Ordinance 70-89 be amended to increase the maximum floor area for the property which lies east of State Road A-1-A (615 N. Ocean Boulevard) from 2,400 square feet to 2,650 square feet for the enclosure of a 250 square foot porch. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DI~.I.RAy BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2, "Requirements of Designation" of Ordinance 70-89 be amended to read as follows: Section 2. Requirements of Designation. Notwithstanding any provision of the City Code of the City of Delray Beach and any other provision of this Ordinance, the following requirements shall apply to the use and development of the Fontaine Fox Historic Site: 1) no more than three (3) dwelling units ~h~ll be used and developed within the boundaries of the Fontaine Fox Historic Site; 2) no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than t,~voqho~m~-~ad ~ two thousand six hundred fifty. (2.650~ square feet of gross floor area. Section 2. That all ordinances or parts of ordinances in express conflict herewith be, and the same are hereby repealed, provided, however, all other terms and provisions of Ordinance No. 70- 89 shall remain in full force and effect ~ 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 }utisdicdon 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 immediately upon passage on second and final reading. PASSED AND ADOPTED in regnl~r session on second and fial reading on this the __ day of ,2002. ATI'IZST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 28-02 J TO: THROUGH: FROM: SUBJECT: PAUL DORLING, DI~R~CTOR OF PLANNING AND ZONING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF JULY 2, 2002 REQUEST FOR AN AMENDMENT TO ORDINANCE 9-95 FOR A,PARCEL OF LAND LOCATED AT 154 NW 5m AVENUE (THE SUSAN WILLIAMS HOUSE)~ ADJACEh I TO THE SPADY MUSEUM BETWEEN MARTIN LUTHER KING~ JR DRIVE AND NW 1sT STREET; AN INDIVIDUALLY LISTED HISTORIC PROPI=t<~Y. The Susan Williams House historic designation was previously applied to the house located at 30 NW 3~ Avenue, Lots 5 & 6 of Block 36, Town of Delray, originally the Town of Linton. The structure has been moved to 154 NW 5th Avenue just south of the Spady Museum described as approximately .15 acres of land in the Melvin Burd Subdivision that includes the south 12 feet of Lot 7 & Lot 8. The bungalow style structure, with its battered porch COlumns and open porch design was COnstructed in 1935. The residence was built by Isaiah Bruin, however the architect is unknown. The structure was deSignated based on its contribution of Bungalow architecture as well as its historical affiliation with Susan Williams, a mid-wife who often times provided the only medical service in the historic Sands area (currently a part of the West Settler's Historic District). The residence was her home for the last four years of her life. The house was individually designated in January 1995 pdor to the establishment of the West Settler's Historic District. The Delray Beach Community Redevelopment Agency (CRA), along with EPOCH (Expanding and Preserving Our Cultural Heritage), sOught the Historic Preserva.t~ion Board's approval to relocate the Susan Williams HOuse from 30 NW 3~d Avenue to 154 NW 5'" Avenue. The Board approved the relocation of the Williams House to the Spady Museum Complex during its meeting of October 6, 1999. While the house was subsequently relocated by the CRA, the property description and address in Ordinance 9-95, that established the individual historic designation for the house, was not amended accordingly. Therefore, it is necessary to amend Ordinance 9-95 in order to update the property address and description. During it meeting on June 19, 2002, the Historic Preservation Board recommended approval (7-0) of the amendment to Ordinance 9-95 to the City Commission. Public comment dudng this meeting was in favor of the amendment in order to update the designation. The histodc structure retains its architectural and historical integrity despite its relocation. Therefore, there is no need to alter the historic designation other than to update the property description. Staff recommends approval of the modification to Ordinance 9-95. Approve Ordinance 29-02. 12 p ORDINANCE NO. 29-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 9-95 BY AMENDING THE CAPTION, THE THIRD "WHEREAS" CLAUSE AND SECTION 1 TO CORRECT THE PROPERTY DESCRIPTION AND ADDRESS; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DF. LRAY BEACH, FLORIDA, 2002" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 9-95 was passed and adopted in regulax session on second and final reading on Februa-w 7, 1995; and WHEREAS, on August 4, 1999, the Historic Preservation Board of the City of Delray Beach held a duly noticed public heating in regard to the expansion of the municipal tennis center to the west; and WHEREAS, the Historic Preservation Board voted unanimously to recommend approval of the expansion, subject to the condition that the Willi~,ns House be relocated; and WHEREAS, the plans for the tennis center expansion later changed and the Community Redevelopment Agency then moved forwaxd with plans to redevelop Block 36 (the site of the Susan Williams House); and WHERE. AS, on October 6, 1999, the Historic Preservation Board approved the relocation of the Williams House to the Spady Museum Complex; and WHEREAS, the Williorns House was relocated, but the property description and address in Ordinance No. 9-95 were not amended accordingly; and WHEREAS, on June 19, 2002, the Historic Preservation Board of the City of Deltay Beach recommended 7 to 0 that Ordinance 9-95 be amended to reflect the co~ect property description and address. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the caption of O~in~nce No. 9-95 be ~mended to read as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DR!.RAY BEACH, FLORIDA, DESIGNATING THE SUSAN '~X/IIJ.IAIVIS HOUSE, LOCATED AT ~ N.W. 2P.D AVENUE 154 N.W. ~d_~,I:LU-~, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DRLRAY BEACH, FLORIDA, ~.997. 2002" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ~ That the third "Whereas" clause of Ordinance No. 9-95 be amended to :end as follows: WHEREAS, a designation report was prepared concerning the designation of the property located at . . ~ to the Local Register of Historic Places; and Section 3. That Section 1 of Ordinance No. 9-95 be amended to read as follows: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: The Susan Williams House, located at . · ~ Delray Beach, Florida; more particularly described as follows: South 12 feet of Lot 7 and Lot 8. Melvin S. Bard Subdivision. as recorded in Plat Book 11. Page 73. of the Public Records of Palm Beach County. Florida (154 NW Sth Avenue]. Section 4. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the "Zoning Map of Delray Beach, Florida, 2002" to show the historic designation in an overlay manner. Section 5. That all orcljnances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ 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 2 ORD. NO. 29-02 decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part deckaed to be invalid. Section 7. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTI~.I~ in regular session on second and final reading on this the day of ,2002. ATIt~ST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 29-02 [IT% BEFTCH CITY ATTOR~EY'$ OFFICE RECEIVED JUN 2 8 2002 CITy MANAGER 200 NW ls! AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Une: 561/243-7091 1993 DATE: June 27, 2002 MEMORANDUM TO: David Harden, City Manager Joe Safford, Finance Director FROM: Susan A. Ruby, City Attorney SUBJECT: Pension Plan Chan.qes Please review the attached ordinance prepared by Jim Linn which modifies the General Employee Retirement Plan to bring it into compliance with the recent IRS Code requirements. If it is acceptable to you, I will obtain an ordinance number and place the ordinance on the upcoming City Commission agenda. SAR.'c,~~ Cc: Barbara Garito, City Clerk CiTY ATTORNEY'S OFFICE ~CEIVED ,JUN 2 8 2002 CITy MANAGER 200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 wfilefa OIrect Line: 561/243-7091 MEMORANDUM DATE: TO: FROM: SUBJECT: ordinance on ti' Please review m Linn which modifies the General EmplC pliance with the recent IRS Coderequirem ~_.~/~_.~z._~/~, If it is accept~ ;e number and place the Cc: Barbara Gadto, City Clerk 6/21/02 SUMMARY OF ORDINANCE AMENDING THE GENERAL EMPLOYEES' RETIREMENT PLAN This ordinance amends several sections of the General Employees' Retirement Plan to bring the Plan into compliance with recent changes in the U.S. Internal Revenue Code affecting governmental pension plans. The ordinance contains the following changes: Maximum Pension - eliminates the current maximum pension amount in section 35.097(J) of the plan ($90,000) and replaces it with language adopting the maximum limitation amount provided by section 415 of the Internal Revenue Code. The current maximum limitation amount under section 415 is $160,000, and this amount is periodically adjusted by U.S. Treasury Department regulations to reflect changes in the cost of living. By adopting the Internal Revenue Code limitation instead of a fixed dollar amount, the City pension plan will remain in compliance with the Code without the need to amend the plan each time the Code is amended. The adjustments in limitations for members who begin receiving retirement benefits before age 62 and after 65 are also amended to conform to changes in the Internal Revenue Code. The additional limitations on pension benefits in section 35.097(J)(9) are also amended to conform to recent changes in section 112.65, Florida Statutes. Eligible Retirement Plan - revises the definition of ~eligible re tirement plan" for purposes of rollover distributions to conform to recent changes in the Internal Revenue Code. Also eliminates the more restrictive definition applicable to the surviving spouse, which will permit the surviving spouse of a member to direct a rollover distribution to any eligible retirement plan. 6/2 !/02 ORDINANCE NO. ~0 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(3), "MAXIMUM PENSION", REVISING THE LIMITATIONS ON MAXIMUM PENSION BENEFITS TO CONFORM TO SECTION 415 OF THE INTERNAL REVENUE CODE; AMENDING SECTION 35.097(L)(2)(B), "ELIGIBILE RETIREMENT PLAN," PROVIDING ADDITIONAL ELIGIBLE PLANS FOR ROLLOVER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to amend the General Employees' Retirement Plan to comply with certain changes in the U.S. Internal Revenue Code and Florida Statutes. 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 Dekay Beach is hereby amended by amending Section 35.097(J), "Maximum Pension", to read as follows: Maximum Pension. (1) Basic Limitation. Subject to the adjustments hereinat%er set forth, the maximum amount of annual retirement income payable with respect to a member under this plan shall not exceed $99,99~.~9 the maximum limitation amount provided by Section 415(b) of the U.S. Internal Revenue Code, as that section may be amended in the furore, adjusted for increases in the cost-of-living pursuant to Section 415(d) of the Internal Revenue Code. For purposes of applying the above limitation, benefits payable in any form other than a straight life annuity with no ancillary benefits shall be adjusted, as provided by Treasury Regulations, so that such benefits are the actuarial equivalent of a straight life annuity. For purposes of this section, the following shall not be taken into account: (a) any ancillary benefit which is not directly related to retirement income benefits; (b) any other benefit not required under section 415(b)(2) of the Internal Revenue code and regulations thereunder to be taken into account for purposes of the limitation of section 415(b)(1) of the Internal Revenue Code. (2) Participation in Other Defined Benefit Plan. The limitation of this section with respect to any member who at any time has been a member in any other defined benefit plan (as defined in section 4140) of the Internal Revenue Code) maintained by the City shall apply as if the total benefits payable under all defined benefit plans in which the member has been a member were payable fi.om one plan. (3) Adjustments in Limitations. (a) In the event the member's retirement benefits become payable the ~.~,..v.~ hm~tat~on prescribed by subsection (1) of before age sixty-two (62), en,~ ^an · ' - this section shall be reduced in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of section 415(b) of the ag: ~' ~;': (55) so that such limitation (as so reduced~ equals an annual benefit (be~innin§ when such retirement income benefit begins) that is equivalent to the maximum annual benefit be~iunin~ at a~e 62. (e)(b) The reductions provided in the preceding ~::~ subparagraphs shall not be applicable to disability benefits paid pursuant to Section 35.097 (C) or pre-retirement death benefits paid pursuant to Section 35.097 (D). 0t)(c) If the member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining (1) herein, such benefit shall be adjusted so that it is actuarially made using an assumed interest rate of five percent (5%) and shall be made in accordance with the regulations promulgated by the Secretary of the Treasury or his delegate so that such limitation (as so 2 increasedl enuals an annual benefit Coet, inning when such retirement income benefit begins) which is equivalent to the maximum annual benefit bet,/nning at age 65. (4) Less than Ten Years of Service. The maximum retirement benefits payable under this section to any member who has completed less than ten (10) years of credited service with the City shall be the amount determined under paragraph (A) of this section multiplied by a fi.action, the numerator of which is the number of the member's years of credited service and the denominator of which is ten (10). This reduction shall not be applicable to disability benefits paid pursuant to Section 35.097 (C) or pre-retirement death benefits paid pursuant to Section 35.097(D). (5) $10,000 Limit. Notwithstanding the foregoing, the retirement benefit payable with respect to a member shall be deemed not to exceed the limitations set forth in this section of the benefits payable with respect to such member under this plan and under all other qualified defined benefit pension plans to which the City contributes do not exceed $10,000 for the applicable plan year and for any prior plan year and the City has not at any time maintained a qualified defined contribution plan in which the member participated. (-7)(b_) Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the member's benefit under any defined benefit plans in which he participated, such reduction to be made first with respect to the plan in which he most recently accrued benefits and thereafter in such priority as shall be determined by the Trustee of such other plans, and next, .by reducing or allocating excess forfeitures for defined contribution plans in which the member participated, such reduction to be made first with respect to the plan in which he most recently accrued benefits and thereafter in such priority as shall be established by the Trustee for such other plans, provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the Trustee of all other plans covering such member. 3 (g)(2) Cost-of-Living Adjustments. The limitations as stated in subsections (1), (2), (3) and (6) herein shall be adjusted to the time payment of a benefit begins in accordance with any cost-of-living adjustments prescribed by the Secretary of the Treasury pursuant to section 415(d) of the Internal Revenue Code. (9) 8(~) Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: (a) The normal retirement benefit or pension payable to a retiree who becomes a member of the plan and who has not previously participated in such plan, on or after January 1, 1980, shall not exceed 100 percent of his average final compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attributable to cost-of- living increases or adjustments. (b) No member of the plan who is not now a member of such plan shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's ~ retirement plan or system. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. Section 2. 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 emending Section 35.097(L)(2)(b), "Eligible retirement plan", to read as follows: (b) Eligible retirement plan. An eligible retirement plan is an individual retirement account described in section 408(a) of the Internal Revenue Code, an individual retirement annuity described in section 408(b) of the Internal Revenue Code (other than an endowment contract), and annuity plan described in section 403(a) of the Internal Revenue Code, o~a qualified trust described in section 401(a) of the Internal Revenue Code, an eligible deferred compensation plan described in section 457(b) of the Internal Revenue Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in section 403(b) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 4 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent .jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading, excePt as to general employee plan participants who are covered under an expired collective bargaining agreement; or belong to a bargaining unit that has not executed a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement applicable to such employees. the PASSED AND ADOPTED in regular session on second and final reading on this day of ,2002. MAYOR ATTEST: City Clerk First Reading Second Reading 5 [lTV OF I)ELRI:IV BErI[H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 MEMORANDUM 1993 FROM: June 27, 2002 City Commission Susan A. Ruby, City Attorney SUBJECT: Gayle Nye v. City of Delra¥ Beach case The purpose of this memorandum is to call for a closed attomey-client session pursuant to Flor/da Statutes §286.011(8) for the July 2, 2002 City Commission meeting to discuss settlement negotiations and strategy related to litigation expenditures in the above case. Law requires strict compliance with Florida Statutes §286.011(8). Therefore, pr/or to the commencement of the closed attorney-client session, the Mayor should read the following: "The City has scheduled a closed attorney-client session pursuant to Flor/da Statutes §286.011(8) regarding the Gayle Nye v. City of Delra¥ Beach case (Case No. CL 00-10795-AE). The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Pat Archer, Alberta McCarthy, Jeff Peflman and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, and a certified court reporter." After the closed session is over, the Mayor should announce that the regular meeting is reopened, and the closed session is terminated. By copy of this memorandum to David Harden, our office requests that the agenda be prepared giving reasonable public notice of the time and date of the closed attorney-client session for July 2, 2002 and that the agenda item include the name of the case, the names set forth above of those persons attending the session, and identify the item as a closed door session pursuant to Florida Statutes §286.011. Our office will arrange for a court reporter to be present as required by statute. Attached is a copy of Fla. Stat. §286.011. SAR:Jw~ ~- cc: David Harden, City Manager Barbara Garito, City Clerk West's F.S.A. § 286.011 WEST'S FLORIDA STATUTES ANNOTATED TITLE XIX. PUBLIC BUSINESS CHAPTER 286. PUBLIC BUSINESS; MISCELLANEOUS PROVISIONS Current through End of 2001 1st Reg. Sess. 286.011. Public meetings and records; public inspection; criminal and civil penalties (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, role, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enfoming the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited fi.om holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the enfity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. rlTY OF DELRI:IY gEl:lEg CiTY ATTORNEY'S OFFICE 2°° .w ,s, AF..U.'..L.AY.E^C., ,LO.,DA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM June 27, 2002 City Commission David Harden, City Manager Susan A. Ruby, City Attorney Nye v. City of Delray Beach Wdter's Direct Line: 561/243-7091 The City has received a settlement proposal in the case of Nye v. City of De~fey Beach (Case No. CL 00-10795-AE). The settlement proposal also encompasses all claims and causes of actions arising from her employment, including but not limited to a release of any rights to arbitration arising under the collective bargaining agreement. The essential terms of the settlement are as follows: Ms. Nye will not be terminated and will be allowed to resign her employment with the City with an effective date of April 15, 2002. The City will pay a total amount of $65,000.00. This amount includes the amount that she would have been paid for sick leave and vacation leave at the time of her resignation. 3. The City will provide a neutral letter of reference. Ms. Nye will release all claims and lawsuits and potential claims and lawsuits against the City. The City will continue to pay for Ms. Nye's defense in the case of Marullo v. City of Delray Beach (Case No. CL 00-7581-AB) as required by F.S. Section 111.07 and City Ordinance Sections 31.16-31.18; however, in accordance with F.S. Section 111.071(1)(a) the City will not pay any judgment that may be rendered against Ms. Nye in Case No. CL 00-7581- AB. /5 Memoto City Commission June 27, 2002 Page 2 Ms. Nye will release any claims against Mr. Marullo arising from his employment. 7. Ms. Nye will withdraw her request to arbitrate or file any grievance. Ms. Nye will not be entitled to unemployment compensation, and shall pay all taxes due. Our office requests that the settlement proposal be placed on the City Commission agenda for July 2, 2002 for City Commission action. Counsel for the City and our office recommends approval of the settlement. P~ have any questions. : SAR.~w CC: Chief Kerry Koen, Delray Beach Fire Department Leonard Carson, Esq. Lucy Turner, Esq.