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Agenda Reg 04-02-02
City of Delray Beach Regular Commission Meeting Tuesday, April 2, 2002 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delmy Beach, Florida 33~.~.~ Phone: (561) 243-7000 Fax: ($61) 243-3774 RULE8 FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings 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. 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. Ce Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist 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 if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE 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 the appeal is based. The City neither provides nor prepares such record, The City will furmsh auxiliary aids and services to afford an individual with a disabtlity an opportunity to pamcipate 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 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. o ROLL C~LL. INVOCATION. PLEDGE OF ALT.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: Special Meeting of March 13, 2002 Regular Meeting of March 19, 2002 PROCLAMATIONS: · · · · · Recognizing and commending Jonathan Arehart Commending multiple medal winners - Dekay Beach 2002 Senior Games Proclaiming April 10, 2002 as Arbor Day Proclaiming April 2002 as Fair Housing Month Proclaiming May 2002 as National Bike Month PRESENTATIONS: A0 International Tennis Championships - Host Site Sponsorship Trophy HomeFront Security Volunteer Program - Officer Skip Brown CONSENT AGENDA: City Manager Recommends Approval. CITY OF DELRAY BEACH/DELRAY BEACH HOUSING AUTHORITY FUNDING AGREEMENT: Approve an agreement for funding and acceptance of funds between the City of Delray Beach and Delray Beach Housing Authority for a period April 1, 2002 through September 30, 2002. The Delray Beach Housing Authority will implement and administer the SEEDTECH Technology Center at the Carver Estates Housing Complex. B0 CITY OF DELRAY BEACH/COMMUNITY REDEVELOPMENT AGENCY/ENTERPRISE NATIONAL BANK SUBSIDIZED LOAN AGREEMENT: Approve a subsidized loan agreement between the City of Delray Beach, Community Redevelopment Agency (CRA), and Enterprise National Bank regarding assistance with certain residential and business improvements. C° ELITE PROTECTION SERVICES AGREEMENT; Approve an agreement between the City of Delray Beach and Security Services of America, LLC. (Elite Protection Services) for the purpose of establishing Advanced Life Support "first responder" services and dispatch emergency medical assistance protocols solely for Delaire Country Club Community. -2- 04-02-2002 Do Fo Ko L0 RESOLUTION NO. 29-02: Approve Resolution No. 29-02 vacating and abandoning a portion of Dixie Highway located approximately 740 feet south of Gulf Stream Boulevard and accept a right-of-way deed of the east 10 feet of Lots 13 and 14, plat of Delray Beach Estates. RESOLUTION NO. 30-02: Approve Resolution No. 30-02 vacating and abandoning a portion of SE 7~ Avenue fight-of-way, lying north of SE 5a' Street. RESOLUTION NO. 31-02: Approve Resolution No. 31-02 vacating and abandoning a portion of the sixty (60) feet canal right-of-way, located north of and adjacent to Lot 1, Lake Eden Subdivision Plat No. 3. HOUSE OF GOD/OFFSITE PARKING AGREEMENT; Approve the agreement between the City of Delray Beach and the House of God Church which allows the Church to utilize twenty-one (21) parking spaces located on City property during the time periods that City Hall is dosed to provide proper parking for the church's patrons. FEC RAILWAY AGREEMENT: Approve the agreement between the City of Delray Beach and FEC Railway for the construction and maintenance of the railroad crossing and crossing signals for NE 4~ Street. FUTBOL MASTERS, INC./LICENSE AGREEMENT; Approve a license agreement between the City of Delray Beach and Futbol Masters, Inc. for the use of the Tennis Center and other City facilities for a Pro Celebrity Soccer Classic to be held on January 10-12, 2003. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY; Approve fund subsidies for two (2) eligible applicants/families in the amount of $37,125.00 for NW 11~ Avenue and NW 13~ Avenue. This brings the number to 137 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). SELECTION OF IMPLEMENTATION COMMITTEE/DOWNTOWN DELRAY BEACH MASTER PLAN: Approve the membership for the Downtown Delray Beach Master Plan Implementation Committee. It will be comprised of twenty- one (21) former Steering Committee members and ten (10) new members representing the affected community. SPE(~IAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve a special event request to anow the Cinco De Mayo Fiesta to be held Saturday, May 4, 2002, from 11:00 a.m. until 10:00 p.m. at Old School Square, granting a temporary use permit per LDR Section 2.4.6(8) for the closure of NE 1st Avenue on the north side of the grounds of Old School Square to the loading gate area, and staff support for security, trash removal, and waiver of City overtime costs. -3- 04-02-2002 Mo SPECIAL EVENT REQUEST/ART 8; JAZZ ON THE AVENUE; Approve a special event request and endorse the Art & Jazz on the Avenue scheduled for May 9, 2002 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to NE 7th Avenue, the south side of Atlantic Avenue from NE 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to NE 1 st Street, NE 2nd Avenue from Atlantic Avenue to NE 2nd Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set-up and removal, trash removal and clean up, and use/set-up of City stages. SPECIAL EVENT REOUEST/STH ANNUAL DOWNTOWN DELRAY (;RAFT FESTIVAL: Approve a special event request for the 5TM Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 25 and May 26, 2002, granting a temporary use permit per LDR Section 2.4.6(H) for use of City tight-of-way on Pineapple Grove Way from the north side of NE 1st Street to the south side of NE 3'a Street, and to authorize staff support for security and traffic control. SPECIAL EVENT REOUEST/HOT AIR BALLOON GLOW AND BALI.OON RACE: Consider approval of a Hot Air Balloon Glow to be held on May 17, 2002, and Hot Air Balloon Race to be held on May 18 and May 19, 2002 at Lake Ida Park, granting a temporary use permit per LDR Section 2.4.6(I-I) for the closure of Atlantic Avenue on May 17, 2002 from A1A to Andrews between 3:00 p.m. and 11:00 p.m., and staff support for security and traffic control, barricading, and signage preparation/set up, stage set up/take down, and trash removal for this event. REVIEW OF APPEALAB.LE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 18, 2002 through March 29, 2002. AWARD OF BIDS AND CONTRACTS: Purchase award to R&S Integrated Products and Services, Inc. in the mount of $48,567 for the purchase of a LaserFiche Document Imaging System under State Negotiated Agreement Price Schedule (SNAPS) Contract No. 2502011-2, and purchase of supporting hardware in the amount of $34,688 from various vendors. Funding is available from 334-6112-519-64.12 (Office Equipment). Bid award to Cornerstone Businesses, Inc. in the total amount of $357,510.00 for directional drilling a sixteen (16") force-main under the Intracoastal Waterway and an eight (8") water-main connection between the Sabal Lakes development and the Lake Forest development ($272,510.00) and an "alternate A", the installation of an eight (8") conduit for Florida Teleport under separate agreement ($85,000.00). Funding is available from 441-5181-536-63.74 for $217,510.00 (lntracoastal Sewer Crossing), 441-5181-536-65.21 for $55,000.00 (Davis Road/Lone Pine), and 441-5161-536-69.23 for $85,000.00 (Florida Teleport Intracoastal Crossing). -4- 04-02-2002 Lease award to AXSA Document Solutions in the mount of $32,976.00 (total award) for a color copier. Funding is available from 001-2911-519-44.30 (General Fund/Equipment) and 448-5411-538-44.30 (Stormwater Utility Fund/Equipment). REGULAR AGENDA: h. 1, APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION/POLLO TROPICAL; Consider an appeal of a decision of the Site Plan Review and Appearance Board's action relating to the denial of a monument sign as submitted from Pollo Operations, Inc. d/b/a Pollo Tropical, located at 950 Linton Boulevard. (Quasi-Judicial Hearing) REQUEST FOR WAIVER/POLLO TROPICAL; Consider a waiver request from Pollo Operations, Inc. d/b/a Pollo Tropical, located at 950 Linton Boulevard, to LDR Section 4.6.7(G)(7) governing the location of flat wall signs. Bo CONDITIONAL USE REOUEST/LUND ANIMAL HOSPITAL; Consider a conditional use request to allow the establishment of a veterinary clinic for Lund Animal Hospital, located in the Pelican Harbor Shoppes at the northeast comer of South Federal Highway and Tropic Isles Drive. (Quasi-Judicial Headng) REQUEST FOR SIDEWALK WAIVER/THE BROOKFIELD COMPANY: Consider a request from The Brookfield Company for a waiver of Section 6.1.3 of the Land Development Regulations providing relief from the installation of a sidewalk on the north side of NE 4~ Street and the east side of Fisher Lane. SPECIAL EVENT REQUEST/CARIBBEAN AMERICAN FESTIVAL; Consider approval of a special event request for a Caribbean American Festival to be held on June 1, 2002 from 11:00 a.m. to 11:00 p.m. at Old School Square, including a waiver of LDR Section 4.6.7(D)(3)0)(ii) to allow event signage to be placed more than one week prior to event, trash removal/site clean up, EMS service, staff support for security and traffic control with the sponsor paying fifty (50O/o) of overtime costs, contingent on the sponsor providing liability insurance and a hold harmless agreement. NAMING RIGHTS AGREEMENT/DELRAY BEACH TENNIS CENTER; Consider approval of an agreement with Superlative Group Inc. to act as a Non- Exclusive Agent for the City of Delray Beach to sell naming rights for the Dekay Beach Tennis Center. CRA APPLICATION FOR TEA'21 FUNDING FOR WEST ATLANTIC AVENUE; Consider a request from the Community Redevelopment Agency for the City's participation and assistance with the CRA's application to the Metropolitan Planning Organization OMPO) for TEA'21 funding for enhancement or beautification activities on West Atlantic Avenue from 10~' Avenue to 12~ Avenue. 10. SECOND APPOINTMENT TO NOISE COMPATIBILITY ADVISORY COMMITTEE 0NICAC)/BOCA RATON AIRPORT AUTHORITY; Appoint the second member to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport Authority. The term is for one (1) year. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to fulfill an unexpired term ending January 14, 2005. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003. Based upon the rotation system, the appointment will be made by Mayor Schmidt (Seat #5). APPOINTMENT OF THE CHAIRPERSON OF THE PUBLIC EMPLOYEES RELATIONS COMMISSION; Appoint the chairperson of the Public Employees Relations Commission (PERC) for a four year term ending January 29, 2006. APPOINTMENT TO THE ELDER READY TASK FORCE: Appoint one (1) member to the Elder Ready Task Force for an unexpired term ending November 1, 2002. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD; Appoint the following members to the Nuisance Abatement Board; two (2) regular members with term ending March 31, 2004 and one (1) regular member to fill an unexpired term ending March 31, 2003. Based upon the rotation system, the appointments will by made by Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5) and Commissioner Perlman (Seat #1). APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint two (2) members for the category of "Other Representation" to the Kids and Cops Committee for a two year term ending November 30, 2003. Based upon the rotation system, the appointments will be made by Mayor Schmidt (Seat #5) and Commissioner Perlman (Seat #1). PUBLIC HEARINGS: ORDINAN(;E NO, 12-02: An ordinance mending the historic designation adopted by Ordinance No. 70-89 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). (QuaM-Ju&'cialHeadng) ORDINANCE NO. 11-02: An ordinance rezoning from RT (Resort Tourism) to PC (Planned Commercial) for a 2.067 acre parcel of vacant land located at the southwest comer of SE 5th Avenue and SE l0th Street for a proposed Washington Mutual Bank and other commercial uses. (QuaM-Judt'cdal Heating) 04-02-2002 - 6 - 11. 12. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: NONE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. a. City Manager b. City Attorney c. City Commission FROM THE -7- 04-02-2002 ]V[ARC~ ]5, 2002 called to order p.m., Tuesday, A Special Meeting of the City Commission of the City of Delray Beach, Florida, was by Mayor David W. Schmidt in the First Floor Conference Room at City Hall at 6:08 March 13, 2002. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T Harden City Attorney Susan A. Ruby City Clerk Barbara Garito Mayor Schmidt called the meeting to order and announced that it has been called for the purpose of considering the following items: (1) RESOLUTION NO. 24-02/F.I.N.D GRANT: Consider approval of Resolution No. 24-02 seeking reimbursement from the Florida Inland Navigational District (FIND) in the amount of $10,000 for the construction of a pocket park, located at the end of SE 3~ Street abutting the Intracoastal Waterway, featuring a 50' seawall, signage, bench and garbage can along with informal, non-boat access to the Intracoastal Waterway for area residents. The City Attomey stated that this is a resolution before the City Commission which would allow the City to seek reimbursement from F.I.N.D. for the construction of a pocket park at the end of SE yd Street abutting the Intracoastal Waterway. It will provide informal non-boat access to the Intracoastal Waterway for area residents. The estimated cost of construction is $20,000 and the City is seeking reimbursement of half this amount, which is $10,000 from F.I.N.D. The City Attorney requested that the Commission approve the resolution. In response to Mr. Perlman's inquiry as to whether or not Langton & Associates had any involvement with locating this grant, the City Manager stated Langton & Associates has had no involvement with this grant. Mr. Perlman moved to approve Resolution No. 24-02, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING:. Consider approval of a request from Community Neighborhood Helping for financial support in the amount of $2,500 for their Glory Awards Event that will take place at Atlantic I-ragh School on May 11, 2002. The City Manager stated that most of the Commissioners have this information and are familiar with what Community Neighborhood Helping, Inc. is trying to do. The City Manager announced there is a representative present if the Commission has further questions about Community Neighborhood Helping, Inc. He commented that Community Neighborhood Helping, Inc. has done a lot in the community and any level of support would be appropriate. Mr. Wilson stated that Ms. Edith Thompson asked him to come and express to the Commission her request for prepaid expenses to lock in contracts, the chef, and the entertainment portion of the program. Mr. Perlman stated he had been involved in the pre-planning of this event and feek this is a great cause and great group. He continued to state that they helped the City of Delray Beach to win the "All-America City" Award. Prior to the vote, Mr. Levinson stated he was present at the formation meeting and Community Neighborhood Helping, Inc. has a great group of people organized to start the event. He stated although this award program will be held in Delray, it is not just for De[ray residents. Mr. Perlman moved to approve request from Community Neighborhood Helping funding for financial support in the amount of $2,500, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Mr. Lemon - Yes; Ms. McCarthy- Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 0) BARWICK PROPERTIES: Direction concerning options on Barwick Road Properties which expire on March 18, 2002 and March 23, 2002. The City Manager stated that the Commission had previously discussed bringing 5Yfmter Phce, which is the 40 acre piece of land in the northwest comer of this area, if brought into the City would generate some additional revenues to the City. The building permit fees and parks/recreation impact fees would amount to approximately $480,000 on the remaining development. The property taxes will be approximately $200,000 per year plus total taxes and other items that would arise. The property is serviced by the City utilities via the water service agreement with the property which requires annexation upon becoming contiguous with the City. The City Manager stated the City staff has continuously been working on this since the decision was made about the school site and have continued to look at options, evaluate what the City might do, and what the alternatives are. The City Manager recommended Option No. Four (4) and explained that this gives the City the maximum amount of control over what happens. In addition, k gives the City the ability to have a park site on some of the hnds that have the most trees, facilitate development of some modem income housing, and possibly conduct hnd trades. He stated there are a lot of things the City could do without over extending itself financially. -2- 03/13/02 The City Manager suggested that the City exercise the options on all the parcels except seventeen (17) and eighteen (18). Environmental audits have been done on parcel seventeen (17). The City Manager stated k may cost approximately $10,000-$50,000 to clean up environmental problems on parcel seventeen (17). In response to Mr. Perlman's inquiry as to whether Phase I has been done on parcel seventeen (17), the City Manager replied that this is a result of Phase Two (2). The City Manager stated there is one other parcel that will cost approximately $5,000 to clean up soils. Mrs. Archer inquired as to whether k is worth consideration of parcels seventeen (17) and eighteen (18) to have access from Military Trail to Barwick Road. In response, the City Manager stated k could be developed with existing rights-of-way if the other parcels of land are purchased. Mr. Perlman stated that the City should tie up all of the parcels. He stated this is a rare opportunity, and the City should make a bold move now, do this, and have some flexibility for housing, which he has spoken about since getting elected. Mr. Perlman stated that he does not feel it will be a problem selling some of the parcels so any financial strain would be temporary. He stated he thinks there would be a lot of interest in developing in that area of the City. The Gty Manager stated that Continental Homes has contacted the City, as well as someone who is interested in Military Trail frontage. In addition, the City has spoken with a developer that would build in the desired price range for moderate cost housing. Mrs. Archer stated that because the water service agreement with the property requires annexation upon becoming contiguous with the City, she feels the City should acquire all of the parcels except 17 and 18. Ms. McCarthy inquired about what is considered moderate price housing today in Delray. In response, the City Manager stated staff has discussed the range being $120,000-$150,000. Mr. Levinson stated that he agrees the City should tie up soma of the land, but he is not sure the City needs parcels seventeen (17) and eighteen (18). He expressed concern when the City Manager stated that Option Five (5) which includes all of the parcels, would start to potentially create a temporary financial issue for the City. He is less interested in parcels seventeen (17) and eighteen (18) than in parcels one (1) through eleven (11). Mayor Schmidt expressed concern that if the City buys the other parcels they would be contiguous to the City once the other parcels are annexed into the City and feels these parcels would eventually be annexed into the City as well. The City Manager commented k concems him that parcel eighteen (18) is the highest priced on a per acre basis. This price is even higher than the Military Trail frontage. He explained that lot five (5) is not included and, as far as the financial issue is concerned, he calculated $4.5-$5 million dollars being available on the assumption that the City would not have to pay out all of the money for the Tate properties, the Beach Re-nourishment Project, and this before any of it turned over. There is a good chance some of it will turn over, and if it does not, we can borrow internally. -3- 03/13/02 He stated that he wanted the Commission to be aware of this, and the City does not have the money, therefore, we have to get it from somewhere. Mr. Perlman stated he thinks it is a good investment and the cost is pretty reasonable tight now. The City will get the money back quickly in terms of creating homing stock that we desperately need. He mentioned that the City is losing a lot of residents to the West Boynton and West Boca areas. There is no where for the residents to step up to unless the City wants to double the cost of living. Mr. Perlman stated the City has waited for something like this and feels we should do k. Mrs. Archer questioned why parcel eighteen (18) or seventeen (17) is so costly. The City Manager replied the cost of environmental cleanup has been added on to parcel seventeen (17), but k is in the same price range as several other parcels. Mrs. Archer stated she understands what the City Manager has said and agrees, however, she does not want to see $150,000 stand in the way of "xxx" number of homes the City sorely needs. Mrs. Archer stated she would have to agree with Commissioner Perlman and thinks the City should go with the land became the City desperately needs the housing stock in that price range. Ms. McCarthy requested clarification that the county parcels are zoned as agricultural. In response, the City Manager stated these parcels are zoned agricultttral. Ms. McCarthy asked how complex it would be to annex these parcels into the City. Paul Dorling, Director of Planning and Zoning, responded by stating the City can annex them fairly easily, which is a seven (7) to nine (9) week process. The City could also bring in Wrater Place's at that time. In response to the City Manager's inquiry as to what the County's Land Use Plan Designation is, Mr. Dorling stated it is low density, five (5) du/au, which is similar to what the City's Advisory Designation is on the City's Land Use Plan, with the exception of the piece of land along Military Trail, which has a Commercial Office Designation of small number one (1). In response to Ms. McCarthy's question in relation to the contract as to whether the owner of the Triad Plant Company, currently located on parcel eighteen (18), will move everything related to the business off of the property, the City Attorney stated there is no requirement in the contract that the owner has to move everything became the City is buying everything that exists on that property. Mr. Levinson stated it would be $130,000 per acre excluding parcel one (1). Mr. Levinson commented that if the City assumes five (5) units to the acre, would equal $26,000 in land costs, but is not sure how this compares with $120,000-$150,000. Mrs. Archer asked if this figure includes parcels seventeen (17) and eighteen (18). Mr. Levinson replied that these parcels are included in this figure. Mr. Dorling stated that while the City can assess the straight-of-way to apply Land Use Designation to all of the parcels in order to change them from county to city, the City will have to go through the statute for the Comprehensive Plan Amendment process which will take about six -4- 03/13/02 (6) months. He stated that if timing is an issue, the City could annex it and apply the Land Use Designation process. Prior to the vote, Ms. McCarthy inquired as to whether the offer on parcels seventeen (17) and eighteen (18) was the final offer. In response, the City Attomey explained that this was the final offer. Mr. Perlman moved to go forward with all the parcels, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Ms. McCarthy- Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes; Mm. Archer- Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. (4) CHANGE ORDER # 3/SUBAQUEOUS SERVICES, INC. (TROPIC ISLE CANAL DREDGING): Consider Change Order # 3 to the contract with Subaqueous Services, Inc. for an additional 4,000 cubic yards of dredged material plus an additional mobilization to the Tropic Isle Canal Dredging Project in the amount of $86,069.00. Funding is available in 448-5461- 538-65.54 (Tropic Isle Dredging). Randal Krejcarek, City Engineer, introduced this item explaining that k was for Change Order No. 3 for Subaqueous Services. The City has performed the initial dredging on Tropic Isles and based on the survey afterwards, in terms of the settlement agreement, Subaqueous Services, Inc. needs to return and complete approximately 4,000 additional cubic yards. Mr. Krejcarek spoke with Subaqueous Services, Inc. last week and they are currently in the area and readyto return. He asked the Commission to approve the request so that Subaqueous Services, Inc. can begin the work In response to Mrs. Archer's inquiry as to whether there will be any monitoring of the project's progress by City staff. In response, Mr. Krejcarek replied that the City will have inspectors monitoring the project daily and obtaining track tickets with the point persons designated by the contractor. Mrs. Archer stated one of the problems brought to her attention was that particular individuals were asking to have their areas dredged, which was all going on the truck and the City was paying for the truck loads. She continued to state that there was no monitoring to be able to know someone's truck load from another. Mrs. Archer expressed concern over this issue and stated she would like to make sure the City has the appropriate numbers. Mr. Krejcarek stated Subaqueous Services, Inc. took away approximately 6,000 more yards than we paid for. This was the difference based on the private dredging. He stated that having a point person will help the neighborhood and community because they can call one person if there are any concerns or questions as to the progress of the project. Mr. Levinson acknowledged Ms. Kelly Freeman, the President of the Tropic Isles Association. He stated that the Tropic Isles Association has been very poskive in working with the City to get the dredging, done under the terms of the settlement agreement. Tropic Isles formed a committee to work with Mr. Krejcarek and these individuals have been very positive in working with him. He commented when these individuals have been together regularly, this project has continued to move forward expeditiously. He thanked Ms. Freeman and the Board for their continued -5- 03/13/02 tolerance of some timing issues. Furthermore, Mr. Levinson stated the Tropic Isles Association will now only have one person collecting who will be getting the private areas in front of their docks dredged so that they will know how many of them have been done. Thus, the City will know exactly how many have been done, which will help coordinate the number of yards from those to the number actually done. Mr. Levinson thanked Randal Krejcarek for his efforts and for a job well done. With regard to Mrs. Archer's comments about monitoring the progress payments to the contractor, the City Manager explained the progress payments to the contractor were based on truckloads hauled, which were stopped at a certain point due to the pre-construction survey. Therefore, k was possible to calculate how many cubic yards had to be removed to get from the survey pre-construction depth to the design depth. Thus, the City was reasonably sure k was paying for the amount that had been targeted. Mr. Levinson moved to approve Change Order No. 3 to the contract with Subaqueous Services, Inc., seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes. Said motion passed with a 5 to 0 vote. Commission Comments: Mr. Perlman stated the Commission attended Onalee Schwartz's funeral today and commented about the Commission getting together and doing something for the scholarship fund set up in her honor. Secondly, Mr. Perlman stated he recently attended the Making Cities Livable Conference in Carmel, California where cities from around the world had the oppommity to network and it was a very positive experience. Mr. Perlman stated DelrayBeach is doing a lot of the things that cities need to be doing in order to make their communities more livable and it was nice to have that positive reinforcement. Secondly, Mr. Perlman stated the conference also emphasized the importance of festivals in the community. Mr. Perlman stated the basic philosophy was that festivals are critical to building a sense of community and making life enjoyable. Mr. Perlman announced that a formal presentation will be forthcoming next week Mr. Perlman commented about the Mallory Square development and commented that this area of Federal Highway is changing and has become more residential. Mr. Perlman commented about the uses which are no longer compatible with the uses going in. Mr. Perlman asked if there is a way to phase out uses through the zoning process and inquired whether the City has a tool for changing the use so that if one of these businesses sold and left the area, these uses would not be permitted. The City Manager stated these uses can be zoned so that it becomes a non- conforming use, however, the City must be careful about the way k is applied. Mr. Perlman publicly stated that the City has a terrific staff and he is extremely thrilled to be working with everyone. -6- 03/13/02 Mayor Schmidt commented that he passed the FGAT test on WIRK this morning and set a time record by completing the test within six minutes. Ms. McCarthy had no comments. Mr. Levinson commended the City Clerk and staff for their efforts in making the election a success. The City Manager stated in the agenda backup there are two proposals for recreational related items on the Barwick properties, which he would like more direction on within the next week or two. The City Manager stated he has a few brochures from Schenkel Shultz (architect) which shows various school projects they have completed around the country. In addition, the City Manager stated he has a video from the Winter Springs High School which is a school with the same floor plan as the City will have for its new school. The City Manger stated they have offered to take six or seven people to the Wrater Springs School which is located north of Orlando. (1) MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of the March 12, 2002 First Nonpartisan Election. FIRST NONPARTISAN ELECTION COMMISSION MEMBER - SEAT # 2 - TWO YEAR TERM PATRICIA ARCHER 2,912 GERRY FRANCIOSA 1,783 The City Attorney read the results for Patricia Archer and Gerald Franciosa for Commissioner Member Seat No. 2. Mr. Perlman moved to approve the total votes for each candidate for Commission Member Seat No. 2 including all the regular and absentee votes as presented based on the above and foregoing results that Patricia Archer is elected as Commission Member Seat No. 2 for a two year term commencing March 28, 2002, and ending in accordance with the City Charter, seconded byMr. Levinson. Upon roll call, the City Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer thanked everyone who supported her with regard to the election. CANVASS THE RETURNS AND DECLARE THE RESULTS OF THE MARCH 12, 2002 SPECIAL ELECTION. YES (for approval) 4,137 NO (against approval) 330 -7- 03/13/02 Approve the total votes for Ballot Question No. 1, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results that Ballot Question One passed. The City Attorney read the results regarding the clarifying, reorganizing, enhancing, and readability of the charter, Ballot Question No. 1. Mayor Schmidt thanked John Bennett and the C~arter Revision Committee for all their work on the amendments. Mr. Levinson moved to approve the motion, seconded by Mr. Perlman. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. YES (for approval) 3,688 NO (against approval) 836 Approve the total votes for Ballot Question No. 2, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results that the Ballot Question Two passed The City Attorney read the results regaMing the charter revision related to the filling of a vacancyin the office of mayor, Ballot Question No. 2. Mrs. Archer moved to approve the motion, seconded by Mr. Levinson. Upon roll call, the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy- Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. YES (for approval) 3,904 NO (against approval) 627 Approve the total votes for Ballot Question No. 3, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results that Ballot Question Three passed. The City Attomey read the results regarding the charter revision permitting term limited elected officials to serve out their elected term effective 2003, Ballot Question No. 3. Mr. Perlman moved to approve the motion, seconded byMrs. Archer. Upon roll call, the Commission voted as follows: Ms. Mccarthy- Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt declared the Special Meeting adjourned at 6:30 p.m, at which time the Commission convened to the regularly scheduled Workshop Meeting. -8- 03/13/02 There being no further business, Mayor Schmidt dechred the meeting adjourned at 7:10 ATTEST: City Clerk MAYOR The undersigned is the Gty Clerk of the Gty of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on March 13, 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 amendments, additions or deletions to the Minutes as set forth above. -9- 03/13/02 MARCH 19~ 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, March 19, 2002. 1_. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito e Delray Beach. The opening prayer was delivered by Reverend Nancy Norman, Unity Church of The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt noted a revised Exhibit for Item 8.K., Resolution No. 28-02. Mayor Schmidt announced that the applicant has requested Item 9.B., Appeal of Historic Preservation Board Decision (Management Systems) be postponed to a date certain of May 7, 2002. Therefore, Mayor Schmidt stated the Commission will not be considering this item tonight. Also, Mayor Schmidt informed those people in attendance this evening interested in Item 12.A., Ordinance No. 12-02 regarding the amendment to the historic designation on the Fontaine Fox House, that there will be no public testimony this evening but a public hearing will be held on second reading of this ordinance. Mr. Levinson moved to approve the Consent Agenda with Item 9.B. being postponed to a date certain of May 7, 2002, and the substituted 8.K., Exhibit "A", seconded by Mr. Perlman. Upon roll call the Commission voted as follows: 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 February 26, 2002 as presented, seconded by Mr. Levinson. 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. Mrs. Archer moved to approve the Minutes of the Regular Meeting of March 5, 2002 as presented, 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. 6.,.& PROCLAMATIONS: None. 7~ PRESENTATIONS: 7oA. CiW," Delray Camera Club Award Presentation - "Delrav Beach All-America On behalf of the City Commission, Mayor Schmidt expressed his sincere congratulations to the winners and to all the talented photographers who entered the competition. He stated this is the 8th year the Delray Camera Club has exhibited at City Hall and each exhibit requires a lot of dedication and hard work by the members of the club. Mayor Schmidt gave special recognition to Max Sinowitz, Florence Greenberg and Robert Boylson who over the years have worked tirelessly to make this exhibit a huge success and presented them each with a special plaque award. In addition, Mayor Schmidt introduced and presented a Certificate of Achievement to the winners of the Delray Camera Club for this year's competition. HONORABLE MENTION Leonard Friedman "Red, White and Blue" Sally Gottlieb "America" Florence Greenberg "Honoring our Flags" Harry Movchine "Passing the Time" -2- 3/19/02 Hal Shaffran "Ready to Open" Ruthe Zucker "Balconies on Atlantic" Third Place Robert Boylson "Beach Enjoyment" Second Place Morris Bernstein "Walking the Boards at Wakodahatchee" First Place Abe Marder "Hurray for Delray" CONSENT AGENDA: City Manager Recommends Approval. CONSENT TO ASSIGNMENT/LOXAHATCHEE TRACTOR SERVICES~ INC.: Approve Consent to Assignment with Loxahatchee Tractor Services, Inc. which will acquire Blackwell's Tractor Services, Inc. for lot clearing and mowing. 8.B. RESOLUTION 27-02: Approve Resolution No. 27-02 authorizing the City to participate in and execute the Local Agency Agreement for a grant for the Downtown Pedestrian Network. FDOT will contribute up to $330,000 and the City will contribute $46,200. The caption of Resolution No. 27-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH APPROVING AND AUTHORIZING EXECUTION OF A LOCAL AGENCY AGREEMENT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 27-02 is on file in the City Clerk's office.) 8.C.' REQUEST TO ALLOW A TEMPORARY MODULAR BUILDING/CONSTRUCTION SERVICES AND CONSULTANTS~ INC.: Approve a request to allow one (1) 660 square feet temporary modular building at Construction Services and Consultants, Inc., located at the northeast comer of West Atlantic Avenue and the E-4 Canal (2201 West Atlantic Avenue). 8.D AMENDMENT TO THE INTERLOCAL AGREEMENT/SOUTH PALM BEACH COUNTY: Approve an amendment to the Interlocal Agreement for the South Palm Beach County Public Safety Communications Cooperative for the addition of two (2) channels to -3- 3/19/02 the existing five (5)~channel Public Safety 800 MHz Radio System. 8.E. SPECIAL EVENT REQUEST/2002 BUD LIGHT PRO/AM VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2002 Bud Light Pro/Am Volleyball Tournament to bc held at the municipal beach on May 4 and 5, 2002. 8.F. RESOLUTION NO. 25-02: Approve Resolution No. 25-02 and Contract for Sale and Purchase between the City and Michelle Abreu, authorizing the City to purchase property located at 2450 Owens Baker Road in the amount of $126,000, said property consists of approximately .33 acres of land. The caption of Resolution No. 25-02 is as follows: 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. (The official copy of Resolution No. 25-02 is on file in the City Clerk's office.) 8.G. CONFLICT OF INTEREST WAIVER/JOE GILLIE: Approve a conflict of interest waiver request for Joe Gillie, in regards to the Parking Management Advisory Board. 8:.H. APPOINTMENT OF OUTSIDE COUNSEL/HOFFERT V. CITY OF DELRAY BEACH: Approve appointment of Fred Gelston, Esq. and Steve Radford, Esq. to act as outside counsel for the case of Hoffert v. City of Delray Beach at a rate of $110.00 per hour each. 8olo APPOINTMENT OF OUTSIDE COUNSEL/CITY OF DELRAY BEACH: Approve appointment of Robert Federspiel, P.A. to act as outside counsel at a governmental rate of $195.00 per hour for the City of Delray Beach for the acquisition of the Barwick and Tate properties. g,Jo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 4, 2002 through March 15, 2002. 8.K. RESOLUTION NO. 28-02: Approve Resolution No. 28-02 authorizing Atlantic High School land acquisition by gift purchase or eminent domain. The caption of Resolution No. 28-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY -4- 3/19/02 8,Lo OF DELRAY BEACH, FLORIDA, AUTHORIZING AND 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. 28-02 is on file in the City Clerk's office.) AWARD OF BIDS AND CONTRACTS: e ** 0 Lease award to Sunshine Golf Car in the mount of $3,274.20 for FY 2002, ($19,654.20 total lease) for three (3) golf carts (special purpose vehicles) to be leased for 36 months and used for the Police Department Volunteer Program. Funding is available from 115-2124-521-49.50 (Crime Prevention). Purchase award to Contemporary Controls and Communications (sole source provider) in the amount of $19,808.42 for two (2) Irrinets to computerize irrigation on Linton Boulevard and Congress Avenue. Funding is available fi.om 119-4144-572-64.90 (Other Machinery/Equipment). Purchase award to Sanders Company, Inc. in the amount of $26,175.00 for one (I) dry pit/submersible sanitary sewerage pump for Lift Station No. 50. Funding is available from 442-5178-536-64.90 (Other Machinery/Equipment). Purchase award to Duval Ford in the amount of $227,812.00 for the purchase of nine (9) police vehicles under the Florida Sheriff's Association Contract//01-09-094. Funding is available from 115-2112- 521-49.90 (Police Department Federal Forfeiture Fund). Bid award to Palace Laundry, Inc. T/A Linens of the Week in the amount of $20,000.00 (estimated annual usage) for linen rental for the Delray Beach Municipal Golf Course Restaurant. Funding is available fi.om 445- 4715-572-52.22 (Uniforms/Linen Service) Bid award to RLS Lighting, Inc. in the amount of $31,305.00 to replace decorative street furniture for Atlantic Avenue east of the Intracoastal Waterway. Funding is available from 119-4151-572-52.27 for $13,020 (Beautification Trust Fund/Equipment) and 433-3711-534-49.35 for -5- 3/19/02 $18,285 (Cart Renewal/Replacement). Purchase award to various vendors in the amount of $65,876.00 for replacement of City vehicles. Funding is available fi.om 501-3312-591- 64.20 for $47,422 and 442-5178-536--64.20 for $18,454 (City Garage Account). 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. APPEAL OF SPRAB DECISION (INSTASIGN): Consider an appeal of a decision of the Site Plan Review and Appearance Board's action regarding Instasign located at 851 SE 6th Avenue, Suite 103. 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 for the record. Mr. Levinson stated he spoke to Mr. Cwynar at the beginning of this process but not since the negotiation has been worked out. Mayor Schmidt, Mr. Perlman, Mrs. Archer, and Ms. McCarthy stated they had no ex parte contacts. The City Attorney invited anyone from the public who wishes to address the Commission regarding the appeal, 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. Lula Butler, Director of Community Improvement, explained this item is a waiver to Section 4.6.7(E)(1) of the LDR's goveming off-premise signs. The building is located at 851 S.E. 6th Avenue and is a strip shopping center with an inverted "L" shape design. Due to the design, bay #3 ends up being in the comer of the "L" with no space for a tenant flat wall sign. The Board determined that there is sufficient space along the fagade to accommodate three equally-sized flat wall signs. The Board's position is that the design itself creates a hardship for the tenant in this space and unanimously supports a waiver to Section 4.6.7(E)(1) to allow the flat wall sign to be in a space adjacent to the business. Ms. McCarthy asked if there was a specific reason why SPRAB chose to do this instead of giving them a marquee. In response, Ms. Butler stated SPRAB recommended and directed where the placement of the signs would go on this building. Ms. Butler stated she -6- 3/19/02 believes there was a challenge with the location of the marquee and the size that they were going to be limited to because of the limited amount of setback that they had in front of the property. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding the appeal, the public hearing was closed. Mrs. Archer moved to approve the waiver request to Section 4.6.7(E)(1) based on the findings and recommendation of the Site Plan Review and Appearance Board, 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. APPEAL OF HISTORIC PRESERVATION BOARD DECISION {MANAGEMENT SYSTEMS): Consider an appeal of a decision of the Historic Preservation Board's action regarding Management Systems located at the southwest comer of NE 1 st Avenue and NE 2nd Street, Old School Square Historic Arts District. Quasi-Judicial Hearing The applicant has requested that this item be postponed to a date certain of May 7, 2002. 9.C. REQUEST FOR IN-LIEU PARKING SPACES/ANTIQUE EXPERIENCE: Consider a request by Antique Experience for the purchase of three (3) in-lieu parking spaces in the amount of $36,000. Antique Experience is located on the southeast comer of East Atlantic Avenue and SE 5th Avenue. Paul Dorling, Director of Planning and Zoning, stated the Antique Experience is an antique retail sales store (bazaar/museum) to be located at 504 East Atlantic Avenue. The proposal addition of 718 square feet of new non-residential floor area requires three parking spaces. The applicant is unable to provide the required spaces on site and is requesting the purchase of three in-lieu parking spaces pursuant to LDR Section 4.6.9(E). At its meeting of October 23, 2001, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. Prior to the vote, Ms. McCarthy asked what kind of museum this will be. In response, Mr. Dorling explained the museum will contain old military uniforms. Mr. Perlman moved to approve the request from Antique Experience for the purchase of three (3) in-lieu parking spaces, 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.D. DOWNTOWN DELRAY BEACH MASTER PLAN: Consider formal action to adopt thc Downtown Dclray Beach Master Plan. -7- 3/19/02 Paul Dorling, Director of Planning and Zoning, stated as part of this item, he and the following individuals of the Downtown Delray Beach Master Plan Committee would like to present the community as well as the Commission with the same presentation they provided in Carmel, California at the "32 International Conference of Making Cities More Livable". · Lula Butler, Director of Community Improvement · JeffPerlman, City Commissioner · Barbara Brown, Former Principal of Village Academy · Jeff Costello, Principal Planner · Paul Dorling, Director of Planning and Zoning · Chuck Ridley, Co-Chair of the Steering Committee In 2000, the City partnered with the CRA and the Village Foundation, (formerly MAD DADS), and the John D. and Catherine T. MacArthur Foundation for the completion of a Downtown Business District Plan to address development and redevelopment issues within the City's core business areas. The planning process culminated in a community-planning charrette in April, 2001, involving over 200 participants representing a variety of ethnic groups, neighborhoods, business communities, and property owners. The result has been the development of a Downtown Master Plan that includes the entire business corridor from 1-95 to Ocean Boulevard (A-l-A), taking into account the needs and concerns in each area while developing a bond between the east and the west. The downtown business area is divided into three districts, the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central Core District, from Swinton Avenue to the Intracoastal Waterway and the Beach District, east of the Intracoastal Waterway to the beach. The Master Plan includes several general recommendations and a series of proposal for each of the three districts. Mr. Levinson asked what mechanism is in place for other things that might be coming along that may change the intent of some of these recommendations that are beyond the control of the committee. In response, Mr. Dorling stated there is a general statement in the plan that this was to be conceptual and individual projects would be addressed on a case per case basis. Mrs. Archer stated she is very impressed with the plan and feels the plan is without question for the good of the City. Mrs. Archer expressed concern over the beach area and asked by accepting this plan, does this mean that the City will be moving forward and implementing individual projects as outlined in this plan. Furthermore, Mrs. Archer expressed concern over potential ramifications there may be if the plan is followed exactly. For instance, Mrs. Archer stated she feels it is great that Atlantic Avenue be narrowed at the beach, yet there is a problem with delivery trucks blocking lanes. Mrs. Archer stated this could be a problem that has to be dealt with before the Commission considers adopting the plan and inquired if there is any kind of mechanism involved in the plan. In response, Mr. Dorling stated there is flexibility built into to plan and reiterated that individual areas will be addressed on a case per case basis. -8- 3/19/02 Ms. McCarthy stated without the push this past fiscal year to have LDR's updated, etc. she was not certain how this would impact the Master Plan. Ms. McCarthy stated she now believes that the Master Plan will be used as an instrument while LDR's are updated or changed. In response, Mr. Dorling explained that this plan will be the guide for those LDR changes. Ms. McCarthy further continued to state that she is very interested in getting some bicycle lanes in different locations throughout the City of Delray, particularly along A-1-A. Ms. McCarthy is not certain this would work considering the narrowing of the street. Mr. Dorling stated this would be difficult on A-1-A due to the parking along the beach. Mr. Dorling continued to state that this could be looked into since the plan does not prohibit this. Ms. McCarthy commented about the proposed widening of the sidewalk so that there would be room for the tables. Ms. McCarthy stated she is under the impression that there would just be additional tables on the sidewalk, but that there would still be difficulty for pedestrians to walk on the sidewalks. Ms. McCarthy stated it appears the more space that is allowed, the more tables are being spread out. Mr. Dorling stated the Code requires a five foot clear space and stated with a wider sidewalk it would be easier for one to comply with providing both. Ms. McCarthy emphasized that the Downtown Delray Beach Master Plan be used as only a guide. Mr. Perlman moved to adopt the Downtown Delray Beach Master Plan as recommended by the Downtown Development Steering Committee, 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. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Heatings portion of the agenda. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 26-02: Approve Resolution No. 26-02 adopting the final assessment roll, Royal Palm Boulevard Special Assessment District. Prior to consideration of passage of this resolution, a public heating has been scheduled to be held at this time. The City Manager presented Resolution No. 26-02: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE FINAL ASSESSMENT ROLL FOR THE ROYAL PALM BOULEVARD SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES BORDERING ON ROYAL PALM BOULEVARD EAST OF FEDERAL HIGHWAY, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; -9- 3/19/02 PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 26-02 is on file in the City Clerk's office.) 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 Attomey explained this is a resolution adopting the final assessment roll for the Royal Palm Boulevard Special Assessment District. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 26-02, the public hearing was closed. Mrs. Archer moved to adopt Resolution No. 26-02, 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. At this point, the Commission moved to Item 11.B., Comments and Inquiries on Non-Agenda Items from the Public. ll.A. Ci.ty Manager's response to prior public comments and inquiries. With regard to a prior concern regarding the perimeter sidewalk bike path to be developed around The Estuary development project, the City Manager stated since then there have been several meetings between the developer and a future project immediately to the west and north with respect to coordinating this bike path improvement. The City Manager stated the developer of The Estuary has submitted a letter which indicates their intention to begin construction on the bike path from North Lake Avenue to Palm Trail in mid-May. Furthermore, the balance of the system from North Lake Avenue to the north may be re-routed in connection with the new development to the west (Palm Grove Village) which is currently under construction. The City Manager stated the City is actively involved in trying to finalize this. Secondly, with regard to a prior concern expressed by Mr. Belmett for the need of another doggie bag station, the City Manager stated a new station was installed at the north end of the beach and the trash can was also replaced at the northern most pavilion. ll.B. From the Public. 11.B.1. Sandy Jamison~ 515 N. Swinton Avenue~ commented about the Seacrest/Del Ida project and expressed concern over people planting vegetation where it grows over the top of sidewalks. Mr. Jamison stated he has asked Code Enforcement to do something about this and has not been able to get anything accomplished. He suggested that the City develop a policy in order to protect the sidewalks so that pedestrians can use them and pointed out that one sidewalk in particular located on N.E. 6th Street has a problem. -10- 3/19/02 Secondly, Mr. Jamison expressed concern over the speed bumps in the Del- Ida/Seacrest neighborhood and commented these speed bumps are marked for 25 mph. Mr. Jamison stated crossing the speed bumps at this speed is much too fast and feels the speed should be decreased to 10 mph. Mr. Jamison urged the City to do something about the speed bumps because he feels it is too severe for someone to cross over them at 25 mph. With regard to Lake Court, Mr. Jamison stated in an attempt to try and keep the sidewalks as close to the street as possible, the swale area is not more than two feet. Mr. Jamison commented that the street is 16 feet wide so if people try to park off the street they end up parking on top of the sidewalk. Furthermore, Mr. Jamison stated if people park off the sidewalk and on the pavement, two vehicles side-by-side block Lake Court. Mr. Jamison urged the City to look at Lake Court and try to find a way to prevent people from accidentally blocking the street. 11.B.2. Alice Finst, 707 Place Tavanh urged the Commission to follow through with Mr. Levinson's comments about reviewing the Code concerning the number of unrelated people living in homes. Ms. Finst stated other issues such as excessive cars, cars parked on lawns, and cars parked in inappropriate places seems to be a reoccurring concern and urged the Commission to schedule a Workshop Meeting in order to address some of the parking issues. Secondly, with regard to the construction along Lake Ida Road, Ms. Finst stated a woman confronted her this morning with her concerns about children not having sidewalks to walk on. Ms. Finst stated parts of the sidewalks in certain areas are completely gone and where there are sidewalks the construction vehicles are parking on the sidewalk thus the children have to walk in the street. Ms. Finst urged the Commission to get this situation under control before students return to school next week after Spring Break. ll.B.3. Jim Smith, 1225 S. Ocean Boulevard~ stated he has attended the last seven Parking Management Advisory Board Meetings and expressed concern over the proposed multi- bay meter system. Mr. Smith stated although the system will operate efficiently in a parking lot environment he does not feel the same is true for Atlantic Avenue. Mr. Smith stated this will be an inconvenience for people because the way Atlantic Avenue is designed a motorist may have to walk two blocks out of their way to put money into the machine. Mr. Smith stated the new meters are programmed to only take "smart cards" versus dollar bills. In addition, Mr. Smith stated signs will clutter Atlantic Avenue because the signs will be posted to inform people where the meters are located. Mr. Smith urged the Commission to install traditional meters versus the multi-bay meters along Atlantic Avenue and feels when the technology has improved and the costs go down, then the City could take another look at the multi-bay meters. Mr. Smith stated now is not the time for the multi-bay system and feels Atlantic Avenue is not the place. ll.B.4. Jennifer Wood, 120 N. Ocean Boulevard~ expressed concern over the sea grape trees that have been cut down along North Ocean Boulevard. Ms. Wood stated the sea grapes have been cut to approximately 3 feet and stated part of the reason for the sea grape trees is to help protect the turtles during turtle nesting season which began March 1st. Ms. Wood commented another purpose for the sea grapes is to help shade the light coming from the homes across the ocean and to help deter the sea turtles away from the traffic along A-1-A. Ms. Wood -11- 3/19/02 stated because the sea grapes are cut so low, she feels the sea turtles are in jeopardy because of the light exposure from the street. Ms. Wood stated Delray Beach feels the sea grape leaves add to the elegance of Delray Beach and urged the Commission to keep more of the greenery along the A-1-A area. At this point, the time being 7:15 p.m., the Commission moved to Item 9.E. of the Regular Agenda. 9.E. CHANGE ORDER NO. 1/MEGAN SOUTH~ INC: Consider approval of Change Order No. 1 in the amount of $97,212.82 to Megan South, Inc. for the West Atlantic Avenue Beautification Phase One (1) Project. Funding is available from 370-3162-541-65.49 (West Atlantic Beautification). Dick Hasko, Director of Environmental Services, stated this is a request for Change Order #1 to Megan South, Inc. for the West Atlantic Avenue Beautification Project, Phase I. Mr. Hasko stated the change order has to do with unforeseen conditions and when the City went into the underground construction staff had to make adjustments in the drainage to avoid utility conflicts. In addition, Mr. Hasko stated there were issues with conduits and some conflicts between Palm Beach County requirements and FPL requirements. Also, Mr. Hasko stated there were some issues with the new street lights. The project was substantially complete on February 15, 2002. The contract time has been suspended from this date until FPL removes the light poles. With regard to some of the revisions from FDOT and Palm Beach County, Mr. Perlman asked if something was overlooked or missed by the contractor. In response, Mr. Hasko stated some of the issues were not on the original engineering plans. Mr. Hasko explained that the contractor will have to come back and do restoration and reconstruction on the paver block areas where the concrete poles will be coming down. Therefore, Mr. Hasko anticipates that the contractor will have a close-out change order. Mr. Levinson moved to approve Change Order No. 1 in the amount $97,212.82 to Megan South, Inc. for the West Atlantic Avenue Beautification Phase One Project, seconded by Mrs. Archer. 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.F. PROPOSAL FOR SETTLEMENT/RAILS v. CITY OF DELRAY BEACH/TACO BELL: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in the Rails v. City of Delray Beach/Taco Bell case. Staff recommends acceptance. The City Attorney stated staff recommends approval of the settlement in the amount of $12,500. Mr, Perlman moved to approve the proposal for settlement subject to the receipt -12- 3/19/02 of appropriate releases, 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.G. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Ratify various appointments to the Kids and Cops Committee for a two year term ending November 30, 2003. Mr. Perlman moved to approve the ratification of appointments to the Kids and Cops Committee for a two year term ending November 30, 2003, 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.H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) regular member to the Board of Adjustment for an unexpired term ending August 31, 2002. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to appoint Stanley Warshaw as a regular member to the Board of Adjustment for an unexpired term ending August 31, 2002, seconded by Mr. Perlman. 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.I. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board for an unexpired term ending August 31, 2002. Based upon the rotation system, the appointment will be made by Commissioner Perlman (Seat #1). Mr. Perlman moved to appoint James C. Keavney (architect) as a regular member to the Historic Preservation Board for an unexpired term ending August 31, 2002, 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. 9.J. GLORY AWARDS/COMMUNITY NEIGHBORHOOD HELPING~ INC.: Consider approval of the request for the City of Delray Beach to front funds up to $10,000 for the Community Neighborhood Helping, Inc. Glory Awards to be held May 11, 2002 with reimbursement from Palm Beach County Commissioner Addie L. Greene. The City Manager stated this is a request fi.om Palm Beach County Commissioner Addie L. Greene indicating that she should have funding available in October 2002. The event is scheduled for May 11, 2002 and Ms. Greene is requesting that the City would make the funds available with reimbursement from the County. -13- 3/19/02 Ms. McCarthy stated she would like to confirm she spoke to Gladys Whigham, Administrative Assistant (heads the Delray Beach office for Palm Beach County Commissioner Addie L. Greene) who has confirmed that the money is in the budget. In addition, Ms. McCarthy stated she also spoke to Michelle Andrewin, Senior Administrative Assistant and commented she would like to see this moved forward. Ms. McCarthy moved to approve the request for the City of Delray Beach to front funds up to $10,000 for the Community Neighborhood Helping, Inc. Glory Awards to be held May 11, 2002 with reimbursement from Palm Beach County Commissioner Addle L. Greene, seconded by Mrs. Archer. 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 time being 7:25 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 12-02: An ordinance amending the historic designation adopted by Ordinance No. 70-89 "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). If passed, a public hearing will be scheduled for April 2, 2002. The City Manager presented Ordinance No. 12-02(A): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-02(A) is on file in the City Clerk's office.) The City Manager presented Ordinance No. 12-02(B): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-02(B) is on file in the City Clerk's office.) The City Manager presented Ordinance No. 12-02(C): -14- 3/19/02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-02(C) is on file in the City Clerk's office.) The City Attorney explained that although all three captions have identical wording, in accordance with Florida Statutes it is required that she read all three captions for Ordinance No. 12-02(A), 12-02(B), and 12-02(C). The City Attorney stated these ordinances are before the Commission for first reading with a quasi-judicial and public hearing scheduled for April 2, 2002. Paul Dorling, Director of Planning and Zoning, stated the Fontaine Fox designation contains approximately 2.5 acres and consists of Lots 1-3 of the Ocean Apple Estates and the south ten feet of Lot 3 of the Palm Shores Acres Plat. The house is a 1,184 square foot Cape Cod cottage which was built in 1936 and designed by architect John Volk. The applicant proposes the amendment of Ordinance 70-89 in order to remove the historic designation from Lot 3, Ocean Apple Estates plat and a portion of Lot 2 and alter the previous density restriction to allow Lot 3 and a portion of Lot 2 to be subdivided into a total of four separate parcels. At its meeting of March 6, 2002, the Historic Preservation Board held a public hearing in conjunction with the request. There were no public comments in favor of the proposed amendment. Upon reviewing the staff report and discussing the proposal, a motion to approve as recommended in the staff report failed (3-3). After further discussion, the Board recommended approval of the amendment 6-0, subject to the conditions listed in the Planning and Zoning Staff Report. Ms. McCarthy asked what the difference will be in the lot sizes from the lots that are being proposed (Lots 1 & 2) versus Lots 1, 2 & 3. In response, Mr. Dorling stated for this particular case, these specifics have not been worked out. Ms. McCarthy asked what the minimum lot size is in the beach area. In response, Mr. Dorling stated in this zoning district the minimum lot size is 12,500 square feet. Ms. McCarthy inquired about the lot size with regard to frontage and depth. Mr. Dorling stated the original proposal from the applicant was four lots with the width being approximately 100 feet x 126 feet. Further discussion followed between staff and Commissioner McCarthy. For the benefit of the public, Mayor Schmidt reiterated that there will be a quasi- judicial hearing on April 2, 2002, and the public will have the opportunity to give testimony. At -15- 3 / 19/02 that time, Mayor Schmidt stated there will be one hearing on all three ordinances and at that time there will be a vote on all three ordinances. Mr. Levinson moved to approve Ordinance No. 12-02(A) on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve Ordinance No. 12-02(B) on FIRST Reading, 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. Mr. Perlman moved to approve Ordinance No. 12-02(C) on FIRST Reading, seconded by Mr. Levinson. 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. For the benefit of the public, Mayor Schmidt reiterated that there will be a quasi- judicial hearing on April 2, 2002, and the public will have the opportunity to give testimony. There will be one hearing on all three ordinances and a vote on all three ordinances at that time. 12.B. ORDINANCE NO. 11-02: An ordinance rezoning from RT (Resort Tourism) to PC (Planned Commercial) for a 2.067 acre parcel of vacant land located at the southwest comer of SE 5th Avenue and SE l0th Street for a proposed Washington Mutual Bank and other commercial uses. If passed, a public hearing will be scheduled for April 2, 2002. The City Manager presented Ordinance No. 11-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RT (RESORT TOURISM) DISTRICT TO PC (PLANNED COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTHWEST CORNER OF SOUTHEAST 5TM AVENUE AND SOUTHEAST l0TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-02 is on file in the City Clerk's office.) The City Attorney read the caption of Ordinance No. 11-02. -16- 3/19/02 Paul Dorling, Director of Planning and Zoning, stated the proposal is to change the zoning designation from RT (Resort Tourism) to PC (Planned Commercial) to establish a new financial institution out of Washington Mutual which will be relocated from its downtown facility located on S.E. 5th Avenue. At its meeting of February 25, 2002, the Planning and Zoning Board held a public hearing in conjunction with the rezoning request. After reviewing the staff report, considering the testimony, and discussing the proposal, the Board voted 6-0 to recommend approval, based upon positive findings with respect to 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. Mr. Perlman moved to approve Ordinance No. 11-02 on FIRST Reading, 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. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. Comments and Inquiries on Non-Agenda Items. 13.A. Ci.ty Manager. The City Manager stated the League of Cities has been working with Palm Beach County and Palm Beach County has been working on three ordinances regarding vegetation. The City Manager stated one ordinance is primarily administrative. Another ordinance has a list of nine species (includes Melaleuca and Brazilian Pepper) that have to be removed county-wide by a date certain. The City Manager explained this would be a county-wide ordinance whereas giving municipalities the option to opt out if they so desire. The City Manager stated the time frame for removal of the Melaleuca trees is 2006 and the time frame for Australian Pine is 2010. The other ordinance is a list of 101 species that will be become illegal to propagate, sell, or do anything with in Palm Beach County. The County is adopting an abandoned vessel ordinance and explained that this ordinance also has an "opt out" provision. The City will be getting updated versions of the ordinances and staffwill review them further. 13.B. City. Attorney. With regard to the Citrus Canker issue, the City Attorney stated there is legislation that has passed and been signed by the Governor that affectively moots out the previous challenge to the rule. The City Attorney stated there was an allegation that the Department of Agriculture made a rule without going through the rule making process. Now there is new legislation that defines exposed trees as those within 1900 feet of an affected tree which also provides for county-wide search warrants. The City Attorney stated she has been in contact with Drew Myers, Assistant County Attorney for Broward County, who informed the City that Broward County's Attorney's office has been authorized by the Broward County -17- 3/19/02 Commissioner to litigate whether the new Statute is constitutional ( 8-0 vote). The City Attorney stated there are numerous other cities considering this. The City Attorney asked for direction from the Commission whether or not they would like to give staff authorization to participate and noted that the City can limit its participation. The split for Miami-Dade County is 20% of the costs, Broward County 20%, and the six cities involved to pay 10%, but it could be less. It was the consensus of the Commission to examine this and bring back for a formal vote on April 2, 2002. 13.C. Ci.ty Commission. 13.C.1. Commissioner Archer Mrs. Archer commented about Ms. Wood's concern about the sea grapes being cut. Mrs. Archer stated she was contacted by an individual who was concerned that the sea grapes at the south end of the beach were not cut. Secondly, Mrs. Archer thanked everyone who voted on March 12, 2002, especially those who voted for her and feels this was a real show of community support. 13.C.2. Commissioner Perlman Mr. Perlman commented about the St. Patrick's Day Parade and stated it was a great event. However, Mr. Perlman stated there needs to be more trash receptacles so that people can dispose of trash. In addition, he stated that "silly string" was all over the place and inquired as to whether the City could control the vendors from selling it or place a ban on it. Secondly, Mr. Perlman stated his father is a graduate of the CERT Program and stated he was reading a newsletter that the Fire Department produces and commended them for it. Mr. Perlman stated the newsletter has very informative information regarding public safety and hurricane preparedness. the Year". Mr. Perlman congratulated the beach patrol for being named the "Beach Patrol of Also, Mr. Perlman congratulated Detective John Young from the Police Department who was a finalist in the Palm Beach Post Law Enforcement Officer of the Year Program. Mr. Perlman stated this is an extremely competitive and prestigious program that recognizes Police officers throughout the Treasure Coast and Palm Beach County. 13.C.3. Mayor Schmidt Mayor Schmidt had no comments or inquiries on non-agenda items. 13.C.4. Commissioner McCarthy -18- 3/19/02 Ms. McCarthy stated she will not be here for the April 9, 2002 Workshop Meeting because she will be attending a seminar in Portland, Oregon. Ms. McCarthy stated that she, Commissioner Levinson, and Commissioner Archer had the opportunity to actually go out to the barge that is dredging and replenishing the sands for the beach and commented that it was a phenomenal experience. Ms. McCarthy stated the crew is from New Orleans and commented the lunch was fabulous. Ms. McCarthy stated it takes about 20 minutes for the sand from the bottom of the ocean to get to the shore. Ms. McCarthy stated she attended a dedication at the Village Academy and commented that it was beautiful and extremely well done. Furthermore, Ms. McCarthy commended the Village Academy and stated this was a wonderful vision that has become a reality. Lastly, Ms. McCarthy stated there is concern in the community as to why the pool at Pompey Park is opening after 3:00 p.m. on Saturdays and not opening at 12:00 noon. Ms. McCarthy commented that people in the community informed her that they were not aware of the change and that they would much rather see the children at Pompey Park versus venturing over to Lake Ida which could be potentially dangerous. 13.C.5. Commissioner Levinson Mr. Levinson stated he too enjoyed the trip to the barge. Mr. Levinson stated in talking to the Bean Stuyvesant people on the dredge, he was informed of how pleased they were with the cooperation they received from the beach patrol for the Beach Renourishment. Mr. Levinson requested that they put their comments in writing and thus read the letter into the record (attached is a copy hereto and made an official part of the minutes). the barge. Mr. Levinson thanked Dan Marfino, Principal Planner, who organized the trip to at 8:00 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR -19- 3/19/02 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 March 19, 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. -20- 3/19/02 M~ch 15, 2002 City of Delr~y B~a~h, Florida ) 00 N. W, !" Avenue Boc~ Raton, FL 33444 561-243-7043 Alln: Paul Dorling RE: Dcltay l~ach. Fourth Periodic Beach Re~ourbhmem Life Guard Assislance Dee Mr. Dorlin~, Wc at Bea~ Stuyvcsam, LLC would b~e m extend ou~ thanks and apprecimkm for the uregl~h assistance Ii'om the entire IEcguard staff. From the very Emit day we set ~ot on to the bec. h, life guards were lher~ ofFerin8 assi~anr, e with crowd comro], equipment e~oort, ImbUe proteclion. and closing and opening the beach entrance walkways in ~he immediate vicinity of the work. Aa you know, construction is nevcr casy, tryin~ to baJanoe IL, erring ~ work ~ ~t oft~e, ~ot~t~ t~ publ~ ~ ~o~m, k~ a ~t ~ org~ ~s~e, ~ta~ ~f~y, ~ ~a~g public re~tiom, WRh the ~s~e oft~ ~ ~ ~fl~ a big ~dcn offoft~ p~ject ~ff~ ~ow~ ~ to ~ve a ~gc ~~n ~o~y Again, with gratitude a,qd appreciation, thanks for a job well done. Sincerely, Project Manaaer Works Mmmger Cc: Cormnissionet Jon Levinson Coastal Planning and Engineering Bean Stuyve&nnt, L.L.C. File 10~ St. Gharlee Avenue, 8~lte 620 - New Odeane, LA - 70~ 30 Phone: 687.8700 Fax: ~?-8717 2 WHEREAS, on February 19, 2002, Beach Fire-Rescue responded to a call after a man collapsed while playing tennis at the Delray Beach Tennis Center. When Engine 2 and Rescue 1 arrived on the scene, paramedics learned the 64-year-old victim had been defibrillated successfully by Jonathan Arehart an employee of the Delray Beach Tennis Center; and WHEREAS, after being summoned to help, Jonathan grabbed the defibrillator and raced to the tennis court. When he arrived with the Automated External Defibrillator (AED), the patient was not breathing and did not have a pulse. Jonathan applied the AED and it advised to deliver a shock. This was accomplished using the appropriate techniques and soon the patient began to regain consciousness; and WHEREAS, while Rescue 1 transported the patient to the hospital, the man's condition continued to improve and he was turned over to the emergency room staff in stable condition; and WHEREAS, each year approximately 350,000 Americans die of sudden cardiac death. About one-third of those could be saved using the equipment that resuscitated the victim at the Tennis Center. The AED is a device that is bdnging life saving defibrillation out of the hospitals and rescue trucks and into the hands of the average citizen. Defibrillation is usually only effective in the first few minutes of cardiac arrest. The AED detects a lethal heart rhythm of the victim, and delivers a life saving jolt of electricity that momentarily stops the quivering heart. The machine will not deliver a shock unless it is necessary, which makes the machine virtually foolproof. Automated voice prompts, computer chips, and computerized analysis of the victim's condition direct the decision to shock. The AED can increase the survival rate to an astonishing 40-60% with rapid intervention; and WHEREAS, the Delray Beach Fire-Rescue pumhased the AED used by the Tennis Center employee through a grant from the Florida Department of Health. The AED's purchased through the grant program have been placed in governmental, civic and recreational facilities around the city. The Fire Department offers training on the use of the AED and Cardiopulmonary Resuscitation (CPR). NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Flodda, on behalf of the City Commission, do hereby recognize and commend JONATHAN AREHART for his immediate and appropriate action in an emergency, he is responsible for saving a life. Jonathan's willingness to learn how to use the AED and respond to an emergency exemplifies the highest and best in the human spirit. Jonathan is truly a hero. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 2nd of April, 2002. DAVID W. SCHMIDT MAYOR WHEREAS, the City of Delray Beach Parks and Recreation Department is dedicated to enriching the quality of life for community members by providing meaningful recreatioml opportunities in exemphry park environments; and WHEREAS, the Parks and Recreation Departmem held the 13m Annual Delray Beach Senior Games from February 8, 2002 through February 15, 2002 for pazdcipants over 50 years young; and WHEREAS, there were 12 athletic events, to wit, golf, tennis, track and field, swimming, health walk, basketball skills, basketball 3 on 3, bowling, hwn bowling, bridge, shuffleboard and table tennis; and WHEREAS, the Delray Beach 2002 Senior Games were designated an official regional qualifying ske for the 2002 Florida State Senior Games; and WHEREAS, there were 300 contestants in the 2002 Senior Games, 19 of whom won 3 or more medals, to wit as follows: Dr. Herbert Furash- 10 gold medals in swknming; Loring E. Holmes - 10 gold medals in swimming; Marshall Johnson - 7 medals (3 gold, 1 each in basketball, tennis and track and field; 3 silver, 1 in basketball and 2 in track and field; and 1 bronze in track and field); Kevin Doyle - 5 medals, 4 gold and 1 silver, all in track and field; Ed Noble - 5 medals (2 gold in swimming and 3 silver in track and field); Martin Quinn- 4 medals (2 gold and 2 bronze, all in track and field); Robert Spaulding - 4 gold medals in swimming; Don Zaccardo - 4 medals, 1 gold and 3 silver, all in track and field; Helen Allen - 3 medals (2 gold in basketball skills and 1 gold in gol0; Jack Fine - 3 medak (1 gold in hwn bowling and 1 silver each in table tennis and tennis); Robert Fine - 3 silver medal in track and field; LarryFleischman - 3 medals (2 gold and 1 bronze, all in track and field); Joel Fox - 3 medals (2 gold in bowling and 1 bronze in table tennis); Benjamin Jimenez - 3 gold medals in track and field; Justin Langsner - 3 medals (1 gold and 1 silver in basketball, 1 silver in gol0; Llo~ Long - 3 medals, 1 gold and 2 silver, in track and field; James McGinnis - 3 gold medals in track and field; Ed Rangd - 3 medals (2 gold in basketball and 1 gold in track and field); Yvorme Tasker-Rothenberg - 3 gold medals in track and field. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Deb'ay Beach, do hereby prochim that Helen Allen, Kevin Doyle, Jack Fine, Robert Fine, Larry Fleischman, Joel Fox, Dr. Hexbert Fumsh, Loring E. Holmes, Benjamin Jimenez, Marshall Johnson, Justin Langsner, Lloyd Long, James McGinnis, Ed Noble, Martin Quinn, Ed Rangel, Robert Spaulding, Yvorme Tasker-Rothenberg and Don Zaccardo are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. IN WITNESS WHEREOF, I have hereunto set myhand and caused the Official Seal of the Gtyof DelrayBeach, Florida, to be affixed this 2~a dayof April, 2002.. DAVID W. SCHMIDT MAYOR WHEREAS, recognition should be g'rven to the value of trees in our community and the need for a continual city=wide forestryprogram for the benefit of all persom; and WHEREAS, the ho~day to recognize the importance of trees in our lives has been celebrated in the United States since April 22, 1987, and is now celebrated in all fifty states and several countries throughout the world; and WHEREAS, the National Arbor Day Foundation in cooperation with the U.S. Forest Service and the National Association of State Foresters is sponsoring a community improvemem project known as "Tree City USA" in an effort to make every community in America a better phce in which to live; and WHEREAS, the protection and proliferation of trees within the City of Delray Beach is govemed by regulations for the purpose of promoting the health, safety, welfare, and aesthetic quality of the community by realizing the importance of trees for oxygen production, carbon dioxide absorption, dust and air pollution filtration, wind and noise reduction, soil erosion prevention, surface drainage improvement, energy conservation, beautification and aesthetic enhancement of all hnds in the City;, and WHEREAS, the optimum time of the year for planting most species of trees in Southeastern Florida is during the month of April due to mild temperatures and the beginning of the wet season. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do herebyproclaim Wednesday, April 10, 2002 as ARBOR DAY and urge all citizens, schools, and organizations in the community to join with me in realizing the value and need for trees and to plant a ceremonial tree on this date. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 2~ day of April, 2002. DAVID W. SCHMIDT MAYOR WHEREAS, although Equal Homing Oppommity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in homing continues; and WHEREAS, each year since the emctment of the National Fair Homing Act, the federal government desigmtes April, the anniversary month of that hw, as Fair Housing Month; and WHEREAS, on this the 34m Anniversary, the City of Delray Beach is pleased to join in that designation, since k provides an oppommity for all Americans to rededicate themselves to the principles of freedom of housing choice and to reacquaint themselves with the rights and responsibilities that are theirs under the law;, and WHEREAS, since fair housing is consistem with the principle of equality and justice for all - principles upon which our nation was founded - we all need to share in the fight to ensure fair housing is a reality for all residents; and WHEREAS, the Fair Housing Cemer of the Greater Palm Beaches provides fair housing education and outreach services for the City of De~yBeach. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do herebyproclaim April 2002 as FAIR HOUSING MONTH in the City of Delray Beach, Florida, and urge, all citizens to join the efforts to reaffirm fair housing oppommities for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 2~ day of April, 2002. DAVID W. SCHMIDT MAYOR 03/18/02 09;26 ~$61 330 6001 INTER TEI~IS ella ~001.__ IINTERNATIONAl' l [ CHAMPIONSHIP8 County TO: Davc Harden FROM: Mark Baron 1~: Host Site Sponsor DATE: March 18, 2002 RECEIVED MAR 1 8 2002 CITY MANAGER VIA FAX: 561-2~3-7199 Dear Dave Harden, The In~raational Tennis Championships has a Host Site Sponsorhip trophy for the City of Delray Beach and would like to kllOW if you would want it presented to the City at the April 2 Commi$$iOll m~ting. 3o No~w~ at Awue, D,I~y B~, Flo~Ja 55~ ' Td= 561.;550.6000 · Fax: 561350.60o~ · www. rnat~pointinc, com 03/22/02 FRI 14:13 FAX 561 243 3774 CITY CLERK Date: AGENDAITEMNUMBER: AGE NDA RE QUE ST Request to be placed on: ~ Consent Agenda ~ Regular Agenda ~ Workshop Agenda Description of agenda item (who, what, where, how much): DepaflxnentHead_f~~ ~/~t~ ~- .~~ City Attorney Review/Recommen'dation (if applicable): Budget Director Review (required on all items involving expenditure of funds): (if applicable) Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review:. Approved for Agenda: Yes / No Initials: Hold Until: Agenda Coordinator Review:. Received: {~] 002 Special Agenda MEMORANDUM TC~. MAYOR AND CITY COMMISSIONERS FROM: ~(~TYMANAGER SUBJECT: AGENDA ITEMY~ -REGULAR MEETING OF APRIL 2, 2002 DELRAY BEACH HOUSING AUTHORITY DATE: MARCH 29, 2002 This is before the Commission to consider approval of the agreement between the City of Delray Beach and the Delray Beach Homing Authority for SEEDTECH Technology for the period of April 1, 2002 through September 30, 2002. The Delray Beach Housing Authority will implement and manage the administration of the SEEDTECH Technology Center. SEEDTECH is an initiative created in parmership with the Executive Office of Weed and Seed and the National Urban Technology Center to provide Weed and Seed communities with the 21~t Century resources needed to empower them. The SEEDTECH Technology Center will be homed at the Carver Estates Homing Complex. The Program Administrator and Community Trainers will work with the National Urban Technology Center for on-going technical support and will assure optimal use of the SEEDTECH Facility bythe community members. The City will allocate funding to assist the Delray Beach Homing Authority with program start up and administration. The Delray Beach Homing Authority will follow the SEEDTECH Gu~for Gea/ng S~artM to implement and administer the program. Recommend approval of the agreement with Delray Beach Homing Authority. S:\City Clerk\agenda memos\chevelle folder~Delray Beach Housing2~gmt.04.02 02 £1TY aF UELAI:IY BEACH CITY ATTORNEY'S OFFICE POLICE LEGAL ADVISOR 1993 300 W ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7823 · FACSIMILE 561/243-7815 POLICE LEGAL ADVISOR MEMORANDUM To: City Commission From: Catherine M. Kozol, Police Legal Advisor Date: March 20, 2002 Re: SEEDTECH Technology Agreement Enclosed please find an agreement for Funding and Acceptance of Funds between the City of Delray Beach and Delray Beach Housing Authority for SEEDTECH Technology for the period April 1, 2002 through September 30, 2002. Weed and Seed in Delray Beach was established to serve as an additional resource to existing programs and services and assist with facilitating partnerships and resource development. The Delray Beach Housing Authority will implement and administer the SEEDTECH Technology Center referred to as SEEDTECH at the Carver Estates Housing Complex. SEEDTECH is an initiative created in partnership with the Executive Office of Weed & Seed and the National Urban Technology Center to provide Weed and Seed communities with the essential 21st century resources needed to empower communities. The City would allocate funding to assist the Agency with program start-up and administration. The Agency shall follow the SEEDTECH Guide for Getting Started, a copyright of National Urban Technology Center, to implement and administer the SEEDTECH program. Page Two March 20, 2002 The awarded funds will be used to administer the SEEDTECH program, including the hiring of a Program Administrator and Community trainers who will work with UTC and be responsible for on-going implementation of the SEEDTECH program and technical support of the installed hardware and software and assure optimal use of the SEETECH facility by community members with the grant funds given to Weed and Seed. Weed and Seed is pleased that they can provide this level of support to these grassroots initiatives because often time programs like these that address a great need, fail due to the lack of financial support. The purpose of Weed and Seed funding is to ensure this doesn't happen in the high risk communities they serve. If this meets with your approval, I would appreciate it if you would forward me a signed copy for my file. CMK/ath Encs. cc with encs.: Angela Wong, Deputy City Clerk Barbara Garito, City Clerk AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH DELRAY BEACH HOUSING AUTHORITY FY2001-2002 (Aprill, 2002 - September 30, 2002) THIS AGREEMENT FOR FLrNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this day of) ., 2002, between the City of Delray Beach, hereinafter referred to as "City" and Delray Beach Housing Authority, hereinafter referred to as "Agency", having its principal office located at, 141 SW 12t~ Avenue, Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on September 19, 2001 and retroactively effective April 1, 2002 through September 30, 2002, of $30,000 in Department of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon the following terms and conditions: The awarded EOWS funds are allocated as follows: a. $30,000 to implement and administer the SEEDTECH Technology Center program at Carver Estates Housing Complex (see attached Budget Attachment "C") from April 1, 2002 through September 30, 2002. 1. Def'mitions: a. "City" means the City of Delray Beach, Florida b. "DOJ" means U. S. DepaCtment of Justice c. "EOWS" means Executive Office for Weed and Seed d. "W&S" means Weed and Seed e. "The Agency" means Delray Beach Housing Authority f. "UTC" means National Urban Technology Center 2. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of services supported by the allocation of federal DO$/EOWS funds. The Agency will implement and administer the SEEDTECH Technology Center herein referred to as SEEDTECH at the Carver Estates Housing Complex. SEEDTECH is an initiative created in partnership with the EOWS and the UTC to provide Weed and Seed communities with the essential 21st century resource needed to empower communities. The City will allocate funding to assist the Agency with program start-up and admirtistration. The Agency shall follow the SEEDTECH Guidebook. for Getting Started, a copyright of UTC, to implement and administer the SEEDTECH program (Attachment "A"). The awarded funds shall be used to administer the SEEDTECH program, including the hiring of a Program Administrator and Community Trainers who will work with UTC; and be responsible for on-going implementation of the SEEDTECH program and technical support of the installed hardware and software; and assure optimal use of the SEEDTECH facility by community members. The Scope of Service in Attachment "B" outlines the specific deliverables. The beneficiaries of the SEEDTECH project funded under this agreement must be community members residing within the federally designated W&S target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South and shall not be limited to the Housing Authority residents. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to implement and administer the SEEDTECH program outlined in this agreement and submit monthly requests for reimbursement of approved expenses outlined in Attachment "C", provided hereto and made a part hereof. Reimbursement requests should accompany all required monthly program reports as outlined in Attachment "B'. The City agrees to disburse payments upon the receipt of each required "request for reimbursement", and receipt of all monthly repons and necessary data (as determined by the City), covering the month for which reimbursement is requested. Disbursements will be available no later than the fn'st working day of each month, commencing on Aprill, 2002 and continuing through September 30, 2002. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $30,000 for the period of April 1, 2002 through September 30, 2002. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Community Justice Executive Director. 3. Time of Performance The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of April 1, 2002 will be processed. All service required hereunder shall be completed by Agency by September 30, 2002. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Justice Executive Director. 5. Records and Reports: The Agency agrees to provide the City monthly programmatic progress repons that outlines the SEEDTECH program activities, progress made, number of participants served, volunteers/panners recruited, problems encountered and proposed solutions. These repons must be submitted to the Community Justice Executive Director within 15 days following the end of each calendar month covered by this agreement. Reimbursement payments will not be released without the submission of the required monthly (completed and accurate) report to the Community Justice Initiative, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or DOJ/EOWS. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from April 1, 2002. 6. Program-Generated Income: All income earned by Agency from activities financed by DOJ/EOWS funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to 2 extend the availability of services provided by Agency through this agreement, the prior written approval of the Community Justice Executive Director will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights/Resident Oppommities): The Agency agrees that no person shah on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shah have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shah be awarded contracts in connection with the project. 8. Evaluation and Monitoring The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Justice Initiative or the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the Community Justice Initiative, the City, and/or DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the City, information and status reports required by the Community Justice Initiative, the City, and/or DOJ/EOWS on forms approved by Community Justice Initiative to enable the evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the Community Justice Initiative or DOJ/EOWS to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the Community Justice Initiative and DOJ/EOWS. 9. Audits and Inspections: At any time during normal business hours and as often as the Community Justice Initiative, the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to the Community Justice Initiative, the City, DOJ/EOWS or the Comptroller General for examination all its records with respect to aH matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations with 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A Certified Public Accountant of the Agency choosing, subject to the City's approval shah make the audit. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of Agency as defined by A-133. 10. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency 3 services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. 11. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the Community Justice Initiative provided, however, that this paragraph shah be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely or proper manner its obligations under this agreement, or ff the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 24CF. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U. S. C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies. 13. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U. S. DOJ funds. Proposals to other agencies will be made in writing and a copy of such provided to the Community Justice Initiative. 14. Independent Contractor: The Agency agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 15. Hold Harmless and Indemnification Clause The "Agency" hereby agrees to promises to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, costs, fines, penalties, suits, proceedings, actions 4 and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the Agency certifies that it, its aff'fliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. 17. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall transfer to the City any W&S funds on hand at the time of expiration and any accounts receivable attributable to the use of W&S funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with W&S funds in excess of $25,000 must be used to meet one of the national objectives of the W&S Initiative (per 24CFR Part 570) until five years after expiration of the agreement. C~-~~WITNESSES: 18. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Justice Initiative. Agency/Sub-recipient: ~~ ~(~ L~ ~1% ~~ o,3,, CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK Attachment Guidebook to GeR_jg_g StaRed Attachment Scope of Service SEEDTECH is an innovative program to provide technological skill~ to youth, unemployed and underemployed adults and small businesses in the communities; and works to prepare community members for full participation in the information age and the 21~t century job market. The Agency shall provide the following services: Prqiect Management The Agency will insure the highest degree of quality in its service delivery of the SEEDTECH program. The Agency will utilize the SEEDTEC~ program model, a copyright of the UTC, and follow its Guidebook to Getting Started to develop and implement the program. The Agency agrees to provide the space needed to implement the program as an in-kind contribution to the program. As specified in this agreement, the Agency shall hire a Program Administrator and community members as Trainers to insure the on-going implementation of the SEEDTECH program as outlined in the Guidebook to Getting Started. The Agency will oversee all aspects of program development and management in accordance with the SEEDTECH program model. The Agency will work with community residents to improve and enhance its service delivery. Pro.am Reports The Agency shall submit monthly program reports that provide details on program activities, progress made, number of participants served, volunteers/parmers recruited, a schedule and the types of classes offered, satisfaction of participants, problems encountered and proposed solutions as well as any anecdotal evidence of program success. Pro.am Technical Support The City will provide technical support through UTC to include; a technician from UTC to install the training center and connect to the Intemet and assure that the center is functional and ready for training, on-site certification training to the Program Administrator and Trainers, course materials, trainer tool kit and technical assistance and support. The City, through its Community Justice Planning Center and Weed and Seed initiative will work in partnership with the Agency to seek additional resources for program enhancements and sustainabflity. Program Outcomes Provide at a minimum three (3) computer classes per week; · Achieve 50% utilization of computer classes offered; · Develop a pool of volunteers to assist with program services and enhancements; · Establish and maintain an environment conducive to learning to insure program continuation; and · Establish an on-going recruitment and public relations campaign 7 Attachment "C" PROGRAM BUDGET ~ SEEDTECH CENTER Operational Expenses (April 1, 2002 through September 30, 2002) Personnel Salaried: Salary_ Benefits No. Total Program Administrator $10,014 $2,504 1 $12,518 Hourly: Rate Trainers (class hours) $10 H _~ No. 500~:~- 2 $10,000 Janitor $ 8 200 1 $1,600 TOTAL PERSONNEL: $24~ 118 Facilities (including utilities) Sq. Feet No. $ per month.~ month Training Center Classroom (In-kind by DBHA) 800 5 $665 $3,325* Security system 800 5 $56.40 $ 282 TOTAL FACILITIES: $3~607 Operating Expenses Monthly .No. fee Intemet Service Providers $40 5 $200 ISDN Phone Charges $80 5 $400 TOTAL OPERATING EXPENESES: $600 Class Expenses Unit No. of Students Cost Classes per class Supplies and Handouts - Adult Program $5 40 8 $1,600 Supplies and Handouts - Youth Program $5 20 8 $2,400 TOTAL CLASS EXPENSES: $4~000 Marketing Expenses No. $ each Brochures, flyers, etc. 4000 .25 $1,000 TOTAL MARKETING EXPENSES: $1,000 Summary of Annual Expenses Personnel $24,118 Facilities (Agency In-kind contribution) $ 3,607 Operating Expenses $ 600 Class Expenses $ 4,000 Marketing Expenses $1,000 TOTAL EXPENSES $33,325 * In-Kind Contribution by Agency (not included contracted amount) Guidebook for Getting Started The ~Weed & Seed Technology Initiative "Empowering Communities with Technology" The National Urban Technology Center (UTC), a not-for-profit 501(c)(3) corporation, was founded in January 1995 to provide access to personal computers and information technology in the under-served inner-city communities of the U.S. It is dedicated to furthering equity in access to opportunity for disadvantaged minority communities and to laying the foundation for sustainable growth and development within these communities. For more information contact: The National Urban Technology Center 55 John Street, Suite 300 New York, New York 10038 (212) 528-7350 lnternet: hltp://www.urbantech.org Copyright Notice Copyright © 2000 by National Urban Technology Center, Inc. Licensed Material. Program Property of National Urban Technology Center, Inc. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means. Last revised July 25, 2001. OVERVIEW About The National Urban Technology Center, Inc. (UTC) UTC, a not-for-profit 50](c)(3) corporation, was founded in January 1995 to provide access to personal computers and information technology in under-served communities to address the widening information gap. UTC delivers "turn key" computer learning centers connected to the vast resources of the ]nternet, industry standard curriculum and technical assistance for operating successful, self-sustaining training operations. UTC works in -partnership with community-based organizations such as schools, youth development centers, religious organizations, and social services agencies to achieve its goals. A Model for Change UTC has designed innovative pro,ams to provide technological skills to youth, unemployed adults and small businesses in communities: and is working with community organizations in several cities across the U.S. to help prepare community members for full participation in the information age and the 21 s~ century.job market. UTC recommends the following steps for implementing its model in your community: · Community Planning: UTC will act as the facilitator for a community planning workshop to mobilize the community around this historic opportunity; and to develop pannerships with religious, civic, government, educational, business and other not-for-profit organizations in the community for successful implementation of the program. · Installation of a State-of-the-art Computer Center: Working with your organization, UTC will install a state-of-the-art computer learning center to provide access to computer literacy and competehcy training. · Teacher Training Using Industry Standard Curriculum: Community trainers, selected by your organization, will attend a UTC teacher training workshop and be certified to teach UTC's carefully developed industry standard curriculum and course materials. Certified teachers will receive an instructor toolkit that includes daily lesson plans, presentation slides, student materials and quizzes. Within days after the installation of the computer learning center, these individuals will be ready to train in the community. · Increased Use of Computers at Home: As a result of the training, community members will become knowledgeable about computer technology and more competitive for 21~ century jobs. They will also use computers for business and for access to the Internet and other on-line services at home. · Community Networking: The community will be connected to the Internet and other community-based organizations; and be able to share its community resources through a network that can link teachers to parents at home, and community groups with religious organi,zations and social .service providers. 5 Oven. ie~ ) The S, .~¢h Cfmm, mml.~ I ~, ai-nmg Inili,,livc Inclusive Communi.tF Plannh~g UTC will act as facilitator for a community planning workshop to mobilize religious, educational and business groups in the community as well as other not-profit organizations around this historic opportunity. Careful planning with key stakeholders will assure the participation of community members and the on-going accomplishment of the goals of your computer center. We recommend that each._p_a~Hn__er conduct this focus group planning as soon as possible to develop a greater level of community support and involvement. We suggest that a letter of invitation be sent in advance of this focus group planning meeting. Be careful to include all individuals whose interest and participation are critical to the success of the computer center. _ Strategics will be developed for using the Center to provide access to information and resources in the community, to improve the academic performance of youth and to increase the cmployability of all community residents. Effective Training Operations Partners receive detailed curriculum from UTC designed to enhance the~ em o~l_Qy, ahj~' y skills of individuals in the community. The courses that are provided to begin the training are Computer Fundamentals, Word Processing and Using the Interact. Each course is 1_5. hours and is typi?!ly run as_five 3-hour sessions. Course materials include a trainer tool kit containing trainer notes,~Microsof~ PowerPoint slides and script, training session plans, skill tests and fii-e-s r~e~ted to complete the gt~i-~t~d exercis~s~-- UTC will provide 3 days of on-site certification training that will cover the three courses for the qualified_ community members W140 will become trainers in the center. It is important that your designated .program administrator to determine Whether they can perform satisfactorily as computer trainers in the Center interview these individuals carefully. UTC will also provide a skills inventory to use during the interview (see the Appendix). It can serve as a qualification test for accepting community members into the certification class. On-Going Technical Support Plan The UTC Computer Center is a turnkey configuration of student workstations connected over a local area network (LAN) with access to Interact services such as the World Wide Web and electronic mail. A technician from UTC will install the training center and connect to the Internet; and assure that the center is functional and ready for training. UTC provides a team of experienced technicians via a toll free help line (1-800-998-3212) to work with a technically competent person on your staff to diagnose problems that may occur, and provide technical support and maintenance of the computer center. This service is available eight (8) hours a day, Monday through Friday 9:00am - 5:00pm. If on-site support is necessary, UTC will dispatch a qualified technician from a local repair firm to fix the problem. UTC's technical objective is uninterrupted operation of your center. General information regarding the operation of your training facility; the use of computers to enhance academic skills and assist in GED preparation; and, guidance in the use of the llaternet can also be obtained via this help line. FACILITY PLANNING UTC will install a state-of-the-art computer learning center for access to computer literacy and competency training in_your community. UTC recommends that you install no more than fifteen (15) student workstations and one (1) trainer workstation. The SEEDTECH grant will consist of 0v_e (5) student workstations and one (1) trainer workstation. Training is conducted in a classroom with student and trainer workstations connected together on a local area network with access to the lnternet and electronic mail. Each classroom has a s_hared printer. WEED AND SEED SITE ~!HublR°uter I- Facility planning involves the following tasks: · Internet Access · _Facility Preparation · Training Center Installation Internet Access The ability to access the Internet is critical to the success of the training center. Each of the workstations in the training center is connected to a local area network. All the workstations are connected to a central hub. The hub is connected to a router. The network is then connected to the Internet ov6r a communications line that is shared by all the users on the local area network. There are two decisions that need to be made by the site administrator involved in establishing Internet access for the training center. · The type of communications line · The Internet Service Provider (ISP) The initial installation fees and all ongoing monthly charges are the responsibility of your organization., UTC technicians will assist the site administrator with all aspects of the F'acilJt.~ Planning ) Thc S~ ~h Communily Trainin~ hfilialive A TI line is a high speed, high bandwidth leased line connection to the lntemet. A TI line can deliver information at up to 1.5 megabits per second and is the most expensive alternative. Choosing an Internet Service Provider Once you have chosen the communications line, you need to select an Internet Service Provider (ISP). The ISP will provide you with a telephone number to gain access to the lntemet. The most critical requirement is that you are able to connect to the ISP via a local free call. This is also known as a local POP (point of presence), lfyou do not have a local POP. you will be paying long distance toll charges for e~ch minute you are using the communications line. The ISP must also provide support of the chosen communications option, i.e., · An x2, k56flex or V.90 modem · ISDN 2-B · DSL or Cable Modem The following are typical prices for Internet service with a one-year contract for a 5 station- training center from two national providers. You must obtain prices for your locale as they vary by geography and Telco. POTS installation fee monthly fee ISDN (64 Kbps) installation fee monthly fee ADSL (128-J..0Kbps) installation fee monthly fee Cable Modem Installation fee Monthly fee Verizon FlashComm $195 $200 $145 $75 $295 $340 $245 $100 + usage $150 $60 (RoadRunner) $149 $99.95 $150 $60 Facililv. Pllnning ~,, The N ~¢h Con',mu~lily l'rRmi~)~ h, ilmtive the trainer workstation so that all the participants can view the slide presentation. This is done by attaching a TV to the trainer's workstation, provided by UTC. Furnishings The training cen~er classroom needs to be furnished in a way that supports the computer learning environment. · The chairs should be adjustable so that participants can be comfortable when using the computers. They should have rollers so the chairs can be turned around to face the center of the room for class instruction by the trainer and for class discussions. The flooring should allow the chairs to turn easily. · Tables should be 30 inches high for use by adults. _ One 30 inch deep by 24inch wide table per participant is recommended. This assumes that there is at least 3 feet of space between participants. · The printer needs to be on a different table than the tables used for the computers because of vibrations generated by the printer. * A chalkboard or flip chart easel is also required. · There needs to be a stand or table for the presentation equipment (TV). The following is a list of the recommended furnishings and estimated cost. 6 Adjustable chairs $ 360 - 6 tables (3 ftx 2.6 ft) $ 525 _ Flipchart easel $100 Printer table $ 60 -TV stand $100 Total $1145 Acquiring all furnishings is the responsibility of each individual site. 13 F~¢ilily Pl~nninl~ ! The S~ .~¢h Commonily Tr~ininl~ Inilialive Presentation Equipment UTC recommends the use of presentation equipment for classroom instruction. We provide a large screen TV with a Video input. The TV is hooked up and displays the image from the trainer's station. The TV is bright enough to be viewed from over twenty feet away in low light and has a resolution of 800 x 600. However, you do not need any presentation equipment to use the UTC curriculum materials. SecuriO, The room chosen for the training center must be secure. The equipment and furnishings represent a significant investment. Some centers have installed motion detectors, glass blocks, alarm systems ,and video cameras. When doing your facility planning, keep security issues in mind, such as where in the building the room is and keeping the computers at low visibility. Training Center Installation The following are the major steps in the installation process. The equipment (hardware and software) for the training center is shipped to your site from UTC. · Your organization verifies the receipt of all the equipment using a checklist supplied by UTC. · A UTC technician completes the installation of the training center and Internet connection. · UTC provides support on an ongoing basis to assure uninterrupted operation of the training center. The equipment to be supplied by UTC for your center is as follows: Connectivity Hardware Printer Scanner 5 Student Workstations ! Trainer Workstation Presentation Equipment (recommended) Lab Supplies 8 port hub L_ocal Area N_etwork (LAN) cables ......... ..R...o_u.t.e.~r.!.H..,,u.,b_,a_~v.!c. ~. ..................................................................... ....... . .H.. P_ .L_a_s~e.[.P. r i_ n_t.e.r. ......................................................... ........ ..H_..P..~...e....s.~.,,n.~n .......................................................... ........ _ .S_~_co.. ,n.~cJ, ,u.,r.,a..tj0., n...d._esc._r!Et_'~_n_o_n_f_o~_~.P_~.~a..~ ............ ......... ..s..m...c.~.n...r.'~,,u.,r.,a.,.tLo, n_,d.e..sc, r.}P_..t.!°_n_°...n....f..°J!..°...w.!..n.a..~,,e. ............ 27" TV Surge protectors~ Mouse pads 15 TRAINING About UTC's Courseware UTC's courseware is differentiated from other courseware offerings by its depth, quality, and focus. Our courseware is also part of a larger offering that includes teacher training and on-going support. The following are the key product features. Focused on developing employable skills A key criterion for selecting software and including topics is thc direct relationship to employable skills. For example, participants learn how to create business letters and resumes and how to use thc lnternct to find employment opportunities. Experts in business review each course s_pe__c.!_fica, tio_p_, to ensure that the skills taught are relevant to thc workplace. Tailored to the communities we serve UTC courseware is sensitized to the racial and ethnic characteristics of the urban communities that we serve. It has been tested in several cities across the U.S. and modified as a result of participant feedback. Your community is unique, and as such, each course has an evaluation component so that the course can be molded to serve the specific needs of your community. Teachable by community members Trainers are recruited from the community. They do not need to be professional teachers. The role of the trainer is to facilitate the learning experience. The trainer attends a five-day training session with experienced UTC technology experts to be certified to teach in this environment using UTC's carefully developed course materials. The trainer will have access to a UTC toll free support line for all questions regarding the curriculum. Carefully developed using a co,tinuai improvement process Pilot versions of each course are reviewed with experts in business and education technology and with community members. Detailed enercises are developed. To insure accuracy and completeness, an independent testing team tests the exercises. Feedback is incorporated and the module is taught to a class of cgmmunity members with the courseware developer in attendance. Changes are incorporated based on the experience gained by thc trainer, participant feedback, and developer observation. Community Training Curriculum Your site will be certified to offer training in Computer Fundamentals, Word Processing and Using the Internet as part of the basic SEEDTECH program. Additional courses in Proficient Word, Spreadsheets, PC Maintenance & Repair and Web Publishing are also available from Urban Technology. The curriculum is designed to · remove the mystique often associated with technology, · introduce the community to the world of technology and telecommunications, '· increase thc level of technological proficiency in the community as a whole 17 Training ! Tile S .~ech Comnmnily Training Ini~ialivr Computer Fundamentals Course Description (SEEDTECH) Objectives Participants acquire the computer skills necessary to operate in the Windows 2000 environment using the mouse and the keyboard. They become familiar with a broad range of computer functions, creating and copying files such as memo, using a computer drawing tool. They find information on the World Wide Web and send and receive electronic mail. As a result of the training, participants arc able to make an informed decision about purchasing a computer for home or business use. Prerequisites. This course assumes no prior knowledge of computers Topical Outline U~ing the Desktop File Management Drawing- .... Text Entry and Key_b_oarding Introduction to the Web Introduction to E-mail Skills Acquired Participants learn how to perform the following tasks: · turn the computer on and off, · start and exit the Windows environment, · open and close Windows applications, · understand and use menus and dialog boxes, · customize the look of the desktop, · play computer games, use a computer drawing tool, · describe the basic components of a personal computer, · use the Windows Notepad application, · use the Windows WordPad application, · understand the basic keyboard layout, · use correct keystroking, · print a file, · create, modify, copy, and delete file folders, · copy, move, and delete files, · save a file to a diskette or the hard drive, · send and receive electronic mail, · link to pages on the World Wide Web, and · find answers to questions by using the system help facilities. Software Windows 2000 Professional Microsoft Internet Explorer 19 Training ' The S, ach Communil) Training inilialive USING THE ]NTERNET COURSE DESCRIPTION (SEEDTECH) Objectives Participants acquire the basic skills necessary to access the World Wide Web and search for and retrieve information. They are able to send and receive electronic mail on the lnternet and use the other lntemet communication facilities such as newsgroups and mailing lists. They can also use FTP to retrieve files and programs from public access sites. As a result of the training, participants are able to effectively use the lnternet and to make an informed decision about the Interact service that best meets their needs. Prerequisites Computer Fundamentals or equivalent experience Topical Outline Introduction to the Web Introduction to E-mail Advanced Web Advanced E-mail - Online Communities lnternet Resources Skills ~4cquired Participants learn how to perform the following tasks: · access the World Wide Web, · link to multiple sites to find information, · enter URLs to find information, · use search criteria to find information, · print selected information, · save selected information as a file, · use Internet help facilities to answer questions, · use bookmark lists and history lists, · send and receive electronic mail, · create address lists and nicknames, · manage e-mail with folders and filters, · send and receive files as attachments to electronic mail, · subscribe to and use newsgroups, · subscribe to a mailing list, · participate in chat groups, · retrieve programs and documents from public archives, and · use file compression utilities such as WinZip. Software Microsoft Internet Explorer 21 Tr. ininl~ ) 'rh~': rrb Communit) Training Initiative WEB PUBLISHING COURSE DESCRIPTION Objectives Participants acquire the skills necessary to design and develop Web pages for publication to the tntcrnct. They arc able to usc text and color effectively. They are able to usc tables to layout pages. They learn how to test pages on multiple platforms. They learn how to add graphics to enhance the appearance of a Web page. As a result of this training, participants are able to create and publish a small Web site for a community organization. Prerequisites Computer Fundamentals and Using the Internet. Topical Outline Basic Web Pages Page and Text Options Images and Links Web Sites Tables Sifflls Acquired · List the steps in designing a Web site, · Create Web pages, · Change fonts, text and background color in Web pages, · Design the structure and flow of pages in a Web site, · Create and format tables containing data and images, · Insert graphics and animations · Create hypertext, image, and e-mail links, · Link pages in a Web site using accepted navigational conventions, · View pages with multiple browsers in different screen sizes, · View and interpret HTML code, · Sign up with a free Web page service to get Web access, and · Transfer a Web site to a Web server. Software Macromedia Dreamweaver Microsof~ Internet Explorer Netscape Navigator 23 YOUTH LEADERSHIP ACADEMY The Youth Leadership Academy is a comprehensive program designed to enhance self esteem and to develop employable skills in youth from disadvantaged urban centers. Training in technology and telecommunications is an integrated part of the curriculum. Each participant creates a personal web page that is published on the Internet. Program Components The program is developed using a holistic approach involving the whole community. · Parents agree to be actively inv. olved in the program. · The program includes a home computer so that the learning process can be integrated into participants' school and family lives. · Guest speakers from business, professional and religious institutions in the community introduce the life skills topics. · Business and community leaders provide mentoring and apprenticeship opportunities for participating youth. Program Description The Youth Leadership Academy provides a positive learning environment based on mutual respect, individual attention and high expectations. The program aims to: · &mystify technology by providing technology and telecommunications training, · enhance thc learning process through thc usc of the Interact, · demonstrate thc potential &technology through thc usc &business simulation and multimedia tools, · develop awareness of personal potential through life skills topics such as health and grooming, self-discovery, and inventory of interests, aptitudes and values, · provide the skills to actualize personal potential through life skills topics such as goal-setting, educational planning for college or career, and money management, · introduce career options in technology through apprenticeships and mcntoring. Program Outcomes Participating youth demonstrate: · investment in a new culture that values learning and community involvement, improved self-control, communication, conflict resolution skills, and independent living skills, · the ability to work collaboratively on team projects, and · measurable skills in information technology and an understanding of how to apply this technology to their daily lives. Progrant Schedule The program is offered as a 120-hour summer program. A typical schedule is 4 hours per day for 6 weeks. The program can be supplemented with a three week apprenticeship program following the in-class curriculum. 25 TRAINING CENTER OPERATIONS Getting Started The following are the steps required to start the operation. · Select the optimal class hours. Suggested times are: Monday through Friday Saturdays 9:00AM - 12:00PM 3:30PM - 6:00PM (Youth) 6:30PM - 9:30PM 9:00AM - 11:00AM (Youth) 12:00PM - 5:00PM · Recruit and hire the requisite number of trainers to cover class offerings. Refer to the trainer job description and the trainer skills inventory in the Appendix. · Schedule the UTC Teacher Training Workshop. Trainers should be UTC certified to teach the UTC course curriculum. · Establish a budget for advertising to include brochure design and printing, mailing costs, radio and TV advertising. Public service advertising may be possible. Refer to the sample expense budget in the Appendix. · Designate an individual to · answer the phone, · follow up on mailings, and · register students. · Recruit students from the community * Schedule the grand opening A good way to start is with a ribbon cutting ceremony for area businesses, politicians, board members, schools, and churches. This should include a tour of the facility. 27 'F~ ~inin~ Cenler Operations ~1 he $, ~ch Comnmnil~ 'l'rMnin~ Initiative Trainer Job Description The Trainer reports to the PA of your organization; and is responsible for attending the five-day Teacher Training Workshop conducted by UTC. After receiving certification, the Trainer will be able to effectively deliver UTC's curriculum. The Trainer sets the tone for learning in the classroom. This includes being responsive to the needs of the students, promptness in beginning the class, and a visible desire to be helpful and courteous to the students. The following list of duties and responsibilities are essential to performing the job successfully: · The Trainer must dress as a professional. · The Trainer must be sensitive to the varied backgrounds of the students and make an honest effort to be tolerant of the different needs of students. The Trainer must be able to accept constructive advice and suggestions. · The Trainer must be comfortable working alone in the computer lab with the students or as part of a team with another trainer. The trainer must also be able to substitute for another trainer as necessary. · The Trainer must be in attendance for all classes and arrive at least one-half hour prior to the start of the class. Classes should always begin on time. The Trainer must be willing to stay a reasonable length after class with students to assure that students successfully achieve the goals of the program. The Trainer must be able to attend scheduled trainer meetings. The Trainer must conduct high quality instruction and receive favorable performance evaluations from both the administration and the students of your computer-training program. 29 APPENDIX A. Program Budget Assumptions The following assumptions were made in preparing the expense projection for running your UTC Center. The training center classroom (lab) has 5 student workstations and I trainer station. Class Scheduling 3 The UTC Program is run for 48 weeks a with 4 weeks set aside for vacations year /,~ ~.,- and systems maintenance. A youth program is run during the summer (July to ,~. f August) for e~ght (8) weeks, and after school and on Saturdays dunng the school · :ii year (September to June). Classes are also scheduled on Saturdays through out the ' '~ entir~ year foi' 48 weeks. Start Time End Time Audience Weeks No Total Students No of per of 'Classes ~er Classl Students Class Labs Trained -Sept. to 3une: Monday - Friday (40 weeks) Daily 9:00 AM 12:00 PM Adult 1 I 40 5 200 Three afternoons 3:00 PM 6:00 PM Youth 2 I 20 5 100 Evenings 6:30 AM 9:30 PM Adult 1 I 40 5 200 All Year: Saturdays (48 weeks) 9:00 AM111:00 AM Youth 1 July to Aug.: Monday- Friday (8 weeks) (Summer) 9:00 AMI 12:30PM Youth Totals:I 138 690 The estimated utilization of your Center is: Total Hours Open 3384 Total Training Hours 2416 Available for Drop-In Use 968 · Assumes the center is open Monday through Friday, 9:00 AM to 9:30 PM and Saturdays 9:00 AM to 5:00 PM for 48 weeks. · Typically, the most popular day is Saturday, the second most popular time is evenings, and the least popular time is mornings. Total Number of Total Number of Total Number of % of Hours Classes Held Students Trained Training Hours Adult 96 480 1440 60% Youth 42 210 976 40% Total 138 690 2416 lO0O/o 31 ~,l~pcl)d~ ) TIw S, 'ch Community Traimn~ In|liali~e C. Site Preparation Checklist General UTC will install your state-of-the-art computer center, which involves putting six networked machines in one room and connecting them to the Intemet. These machines will be used to teach classes as described in this Guidebook. In order to get a better idea of the installation project, it is important to describe the room to the best of your ability for the Planning Team at UTC, prior to our initial visit to your site.(.rhis checklist is intended to help you prepare the site for installation. If you have not already done so, refer to page 11 for more information about the facility requirements. General ,/ Task Comments Completed ~L~.H...a. ~-e-~..~..~u..~!~.a...~s..p..~c...e.~.~r.~t.3~.e.~.s.~t.e.L: ................................ .y,.~j_.~.o,.. ............................................................................. ...2.:.......~.[...n..o...t,....h.,.o..~...m..,a.n..V...s..p..a...c.~_.a..r..e...~.!.n..g..~.n_s..Ld~r~. ..................................................................................................................... 3. Where are these spaces? For example, different 4, If there are any special circumstances regarding this particular aspect of your computer site, please explain here. Layout One of the most important considerations in the new facility is the room layout. It is important to consider where the computers and desks will go, where the power outlets are, where the phone lines will be for the lntemet connection, where sunlight enters the room and where the presentation equipment (TV) will be placed. The best way to plan out this step is to draw the room. Layout -" Task Comments Completed 2. If there are any special circumstances regarding this particular aspect of your computer site, please explain here. Using the sample classroom layout as a guide (see the Facility Requirements section), please draw (approximately) the dimensions and features of the room. 33 ^ppendi~ t '1 hc S~ ch Commu,fily Tr~inlng Inili~tJve Security /,.__3 ~?~,,4D ~,~ . ' Task Comments /' ~'~"~_ Completed .............. ........................................................................... ...2.:........~...~...w....!.s....t.k..e...r.~...m...p.~..sJ~J.~.....m..~Ln..t.~.!.n..~z. ....................................................................................................................................... . .3=._ ~_s_..t.k..e..r..e...~...c...u..s..t.~.~.L .s,,t,~¢...w.j.t.k..~.c._c.~_s...t._o..t.k..e...r_~...m..Z ........... y..~..s../..E..o.. .............................................................................. .,4. :.....~.s...~..n.~..~...n...e....eJ~s~..k.~..v..e....~.c...c..e...s..s....t..~....t.k.t..r.~...m..] ......................... .y...e...s..!.. ~..o.. ................................................................................ 5. Are there any additional security issues that should I~ mentioned? Telecommunications The critical factor in connecting your lab to the Intd/n-et is the telephone line. Whether you decide upon ISDN or POTS service, you will need a phone line for lnternet access and you will-need to choose an lnternet Service Provider (ISP). (If you have not already done so, refer to "Choosing a communications line" under the Intemet Access section on page 10). UTC will help you make the fight decision, but sometimes most of the work has been done already. Below are some telecommunications issues to look for. Telecommunications//~,'.'£A> ,/ Task Comments Completed ~b-~A~r~e~t~h~e~r~e~P~.h-~-n~eJ~n~c~!~n~t"h~e~r~ ~m~H~9~-~m~n~y.~ .............. .y..~./..~.o... .............................................................................. ,. ,2..........A.,r.e, ..t.h.,e..r_.e....o..t._h...e.r ...c..o....m...p..u..t..e.,r.s..?...t..h...e..._b..u..i.!.d..!.n..g_.~ ............................. .Y..~./....N...o.. ................................................................................. 3. Do the other computers have access to the Yes ! No ]nternet? 4. Are there Ethernet jacks in the room? An Yes / No Ethernet jack looks exactly like a phone jack except it is much bigger. The test is to tn/ plugging a phone into it, if it is an Ethernet jack, it will be loose. 5. Have you ordered both phone and ]nternet Yes / No .......... ~s.e.~Lc..e_..f..o..r...t..h...e, ...r~.m,.L .......................................................................................................................................................................... 6. if there are any special circumstances regarding this particular aspect of your computer site, please explain here. 35 A;pendi~ ~ The: '~'¢h Commm~ily Trai.ing InilJ~tive D. Trainer (Pre.-T3) Skills Inventory Participant's Name: Today's Date: Name of Computer Training Center: City/State: 1. To be filled out by the participant Please rate your level of comfort with the following computer-related topics: Beginner Expert Basic computer fundamentals 1 2 3 4 5 Typing skills 1 2 3 4 5 Word Processing 1 2 3 4 5 Spreadsheets I 2 3 4 5 Basic Windows 98 environment I 2 3 4 5 Microsoft Word 97/2000 1 2 3 4 5 Microsoft Excel 97/2000 1 2 3 4 5 The Internet I 2 3 4 5 Il. To be filled out by the Program Administrator Please state the degree to which you agree with the following statements: The participant is able to explain complicated concepts well. Strongly Strongly Disagree Agree 1 2 3 4 5 The participant is committed to this program. 1 The participant will be prompt and reliable. 1 The participant is able to relate to the community. ! 2 3 4 5 2 3 4 5 2 3 4 5 37 [ITY DF DELRFlY BEACH CITY ATTORNEY'S OFFICE ~,oo ~,w ,~, ^,,~,,,~,,~. ,~,~,,^,,,,~^~., ~,~o,,,,~^ ~,~4 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM March 25, 2002 City Commission David Harden, City Manager Susan A. Ruby, City Attorney Subsidized Loan Agreement Writer's D~rect Line: 561/243-7091 This is a Subsidized Loan Agreement between the City, the CRA and Enterprise National Bank regarding assistance with certain residential and business improvements as set forth in Exhibit A to the Agreement. The program requires the CRA to determine if the loan is for a qualified purpose, the bank to determine if the loan should be approved or denied and then the CRA will determine if the bank or the City will be the disbursing agent. The City's only role is to disburse funds in accordance with the loan agreement. The CRA shall pay 95% of the computed interest based on simple interest at prime for the term of the loan. The amounts of the available loans are set forth on Pages 4 and 5 of the agreement. The bank will commit a maximum pool of funds in the amount of one million dollars for the program (excluding loans made to date). Please place the Subsidized Loan Agreement on the City Commission agenda for approval. If you have any questions, please call me or Lula Butler. s^~.~~ Attachment CC: Barbara Garito, City Clerk Lula Butler, Director of Community Improvement DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY March 19, 2002 Ms. Susan Ruby City Attorney City of Delray Beach 200 NW l't Avenue Delray Beach, FL 33444 RE: CKA Subsidized Loan Program Dear Susan: Enterprise National Bank of Palm Beach is going to become a participant in the CRA's Subsidized Loan Program. The CRA Board approved the agreement at their regular meeting of March 14, 2002. I would appreciate it if you would place this item on the next City Commission agenda. After approval and execution, please return two copies to me. Thank you. Sincerely, Diane Hervey Assistant to the Director /d enclosures A 104 West Aflanuc Avenue · Delray Beach, Flonck~ 33444 561-27643640 o Fax 561-27(3-8558 SUBSIDIZED LOAN AGREEMENT THIS AGREEMENT, by and between COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA," and ENTERPRISE NATIONAL BANK OF PALM BEACH, hereinafter referred to as the "BANK," and the CITY OF DELRAY BEACH, hereinafter referred to as the "CITY," is hereby made and entered into this __ day of ., 2002. WITNESSETH: WHEREAS, the parties have heretofore entered into the above described Agreement (the "Agreement"), as amended, for the providing of a subsidized loan program ("the Program"); and WHEREAS, the parties are desirous of further amending said Agreement to modify their respective responsibilities for administering said program and to provide other requirements with respect thereto. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Agreement is hereby amended and restated in its entirety as follows: 1. The CRA has committed certain funding in its budget for the Program and said funds will be available to the various participating banks' custo:ners on a first come first serve basis. The funds will be committed in accordance with the Program in the order of receipt by the CRA of a written invoice and amortization schedule for an approved borrower. For purposes of determining the order of receipt, all invoices will be deemed received upon the physical receipt by the CRA at the office of its Executive Director. 2. The CRA will accept initial loan applications for the Program from prospective borrowers and will approve or disapprove them, in the order of receipt, solely on the basis of the proposed loan being for a qualified purpose as hereinafter defined in Exhibit "A," to single-family residence or multi-family residential property ("Exterior Rehabilitation Loan"), or, to a business owner or business property owner whose business or property location lies within the redevelopment area of the CRA ("Business Loan"). Upon such approval, the loan application will be forwarded by the CRA to the participating bank selected by the borrower; and upon receipt of the loan application approved by the CRA, the respective bank shall perform its underwriting evaluation for approval or disapproval. Such Certificate of Approval issued by the CRA will include a determination as to whether the City or the BANK shall be responsible for the disbursements required under the loan. In the event the BANK is provided with a CRA approved application and the BANK approves such loan and issues a firm commitment therefore, the BANK shall forthwith deliver to CRA, in care of its Executive Director, an invoice for interest along with an appropriate amortization schedule. 3. Upon receipt of an approved invoice, including closing date, from the Bank, subject to the availability of funds for the Program, the CRA shall pay to the bank the prepaid interests as described in Paragraph 5 herein. In the event the subject loan is prepaid in full by the borrower, the borrower shall notify the CRA and the BANK office originating the loan of such prepayment, and the BANK shall pay to the CRA within thirty (30) days after such prepayment an amount equal to the unearned interest as determined in accordance with a straight amortization schedule computed at the note interest rate reflecting the interest due for the unexpired term of the loan. The BANK expressly acknowledges and agrees that the CRA shall have no liability for the payment or obligation for any sums of whatever nature other than the initial interest paid as herein above provided. The parties acknowledge that the CRA will not be entitled to any refunds of interest on loans which are not prepaid in full or are in default and have been charged off by the BANK. At 2 closing, the borrower shall be required to execute an Affidavit in form approved by the CRA as described in Exhibit "B," that the sole use of the proceeds of the loan will be only for the purposes set forth in the approved loan application. Further, the BANK shall require the borrower to execute a loan disbursement agreement providing that in the event all of the work required to be performed pursuant to the loan application in order to obtain the full disbursement of the loan is not completed within the date provided for in said loan agreement, the BANK or the CITY, whomever is respectively administering the disbursements, shall return the undisbursed funds to the BANK, the loan shall thereupon be reduced to such sums as shall have been disbursed by that date, and the BANK shall reimburse the CRA for the unearned interest as provided for above. 4. A. Upon the closing of the loan with the borrower, the BANK or the CITY, shall disburse the loan proceeds in accordance with the terms of the loan agreement. The borrower shall provide such reasonable documentation as the BANK or the CITY, respectively, shall require with regard to disbursements requested. Disbursements may only be made for the payment of completed work or purchase of applicable supplies/furnishings for approved improvemeffts. B. There shall be no reimbursements allowed as a part of the subject loan for work completed prior to the closing of the loan. C. All disbursements for business loans must be accompanied by invoices and paid receipts. D. Upon approval by the CITY and CRA, for residential exterior rehabilitation loans, the borrower may be reimbursed for work performed in lieu of a contractor. The CRA and the BANK hereby agree that loans which will qualify for the Program 3 will be made upon the following terms and conditions: A. * Business Loans: (i) Loan Amount: ten thousand dollars ($10,000.00) minimum to fifty thousand dollars ($50,000) maximum; (ii) Purpose: construction of interior tenant improvements, exterior improvements and small additions to leased premises within the community redevelopment area; (iii) Borrower Qualification: subject to bank's underwriting standards; (iv) Term: principal and interest payments; maximum term for loan shall be sixty (60) months of equal (v) Interest Rates: shall be fixed at the prime rate plus 1% as established by Enterprise Prime as of the date of closing; (vi) Interest Subsidy by the CRA: shall be one-half (1/2) of the computed interest (utilizing the simple interest method) at prime rate for the term of the loan agreement. The interest subsidy may be applied as a principal reduction at closing, thereby, resulting in a reduction of the term of the loan; or, the interest subsidy may reduce the original loan amount, thereby, reducing the monthly payment. (vii) Fees: normal closing costs including but not limited to recording fees, Security Agreement, filing fees, documentary stamp tax, intangible tax, etc., (these fees may be financed as part of the Loan by the BANK). In addition, a loan processing fee of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans may be levied by the BANK. B. Residential, Exterior Rehabilitation Loans: 4 (a) Owner applicant, single-family, residential home improvements: (i) Loan amount on unsecured loans: two thousand five hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (ii) Loan amount on loans secured by first mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (b) Two Unit Residential Improvements: (i) Loan amount on unsecured loans: two thousand five hundred dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (ii) Loan amount on loans secured by first mortgages, second mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen thousand dollars ($15,000.00) maximum; (c) Three or More Residential Units: (i) Loan amount on unsecured loans per uni[: two thousand five hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50.000.00) for all units owned by one applicant. (ii) Loan amount on secured loans per unit: two thousand five hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a maximum aggregate loan of fifty thousand dollars ($50,000,00) for all units owned by one applicant. (d) Purpose: qualifying alterations, repairs and/or improvements to residential properties of the owner where the work substantially protects or improves the exterior of the property as described in Exhibit "A." 5 (e) Term: maximum term for both secured and unsecured shall be sixty months (60) of equal principal payments. (0 Interest rates: both secured and unsecured loans shall be fixed at the Prime Rate as established by Enterprise Prime as of the date of closing. (g) Interest subsidy by the CRA: shall be 95% of the computed interest (utilizing the simple interest method) at prime rate for the term of the loan agreement. The CRA shall pay the interest at the day of closing of the loan. (h) Fees: (i) A loan processing fee of fifty dollars ($50.00) for secured and unsecured loans for owner applicant, single-family dwellings may be levied by the BANK. (ii) A loan processing fee of one hundred dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans for multi-family residential, two or more units, may be levied by the BANK. (iii) Normal closing costs including but not limited to recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and intangible tax, etc. (the subject closing costs may be financed by the BANK). 6. The BANK hereby agrees to commit a maximum pool of funds of one million dollars ($1,000,000.00), excluding the amounts of all loans made to date, for the Loan Program for a per/od ongoing from the date of this Agreement through the making of Program loans, or termination of the Agreement, whichever comes first. 7. It is mutually understood that the agreements and covenants contained herein are severable, and in the event any of them shall be held to be invalid, this Agreement shall be 6 interpreted as if such invalid agreements or covenants were not contained herein. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, costs bf appeal and necessary disbursements in addition to any other relief to which it may be entitled. 10. The rights and benefits of this Agreement shall not be transferable by any party without the written consent of the other. 11. Notices to any party to this Agreement shall be sent to the following: Diane Dominguez Executive Director Community Redevelopment Agency 104 West Atlantic Avenue Delray Beach, FL 33444 Lula Butler Director, Community Improvement City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Enterprise National Bank 11811 US Highway One North Palm Beach, FL 33408 WITNESSES: COMMUNITY REDEVELOPMENT AGENCY WITNESSES: ENTERPRISE NA~ON~/~~OF PALMBEACH CITY OF DELRAY BEACH By: Attest: By:. City Clerk Approved as to form: By: City Attorney 8 EXI-IIBIT "A" The following are authorized under the Business Loan program only: a. Tenant improvements, exterior and interior; b. Signage; c. Small additions to an existing building; d. Permanent fixtures. The following exterior improvements to property are authorized under the Residential and Business programs: a. Re-roofing, including rigid insulation; b. Painting; c. Awnings; d. Shutters; e. Siding; f. Replacement of rotten wood; g. Doors; h. Windows; i. Driveways/paving; parking; j. k. 1. Landscaping (sod, trees, bushes, plants, and irrigation system); Exterior modifications such as rebuilding a porch; Exterior lighting. All materials and work must be in compliance with applicable City of Delray Beach building codes and permitting requirements. Loan proceeds may be used to pay for applicable building permits and loan fees. 9 EXHIBIT "B" AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) SS Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared ., hereinafter referred to as ("Borrower~") who by me being first duly sworn and cautioned, deposed, stated, and acknowledged the following: 1. Our names are . We reside at , and we, having personal knowledge of the loan with Enterprise National Bank of Palm Beach, hereinafter referred to as (the "Loan"), and the following described matters, depose, state, and acknowledge same to be true. 2. We hereby state that as an inducement to Enterprise National Bank of Palm Beach entering into that certain Security Agreement dated the __ day of , (year) and that certain Promissory Note of even date in the principal amount of Dollars ($. ) and as an inducement to the Community Redevelopment Agency of the City of Delray Beach agreeing to subsidize the certain interest due on said Loan, your Affiants state under penalties of perjury that the proceeds of said Loan will be used solely for purposes as set forth in the approved loan application and for no other purposes. 3. Furthermore, in the event that the loan is prepaid, the borrower agrees to notify the Community Redevelopment Agency and the bank office originating the loan, respectively located as stated below: Community Redevelopment Agency 104 West Atlantic Avenue Delray Beach, FL 33444 ATTN: Executive Director Enterprise National Bank of Palm Beach 11811 US Highway One North Palm Beach, FL 33408 10 Further Affiants sayeth naught. Sworn to and subscribed before me by , this ~ day of My Commission Expires: Who are personally known to me Or who produced as identification Notary Public TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID T.(~~I,~NAGER PAUL DORLING, DIREC~OI~ OF PLANNIN~ AND ZONING NGUYEN TRAN, SENIOR"'I~..ANNER MEETING OF APRIL 2, 2002 *CONSENT AGENDA* ABANDONMENT OF A PORTION OF DIXIE HIGHWAY RIGHT-OF-WAY, DIRECTLY ADJACENT TO LOT 13 & A PORTION OF LOT 14 OF THE PLAT OF DELRAY BEACH ESTATES, APPROXIMATELY 740 FEET SOUTH OF GULF STREAM BOULEVARD. BACKGROUND The request involves abandoning a 20' by 182.40' rectangular shaped parcel, containing 3,694 square feet (0.08 acres). The parcel represents the east 20' of the 80' Dixie Highway right-of-way, which abuts Lot 13 and a portion of Lot 14 of Delray Beach Estates, (PB 21, PG 13). The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard width for a local read and is consistent with previous abandonments on this portion of Dixie Highway. Bellsouth has identified a manhole, conduit system and aerial cable within the subject area. The City's Environmental Services Department has identified a sanitary sewer line and Florida Power & Light also indicated utilities within the abandonment area. In order to accommodate the identified facilities, a utility easement will be retained over the entire abandonment area. During the review of this abandonment, it was identified that the ultimate width of Federal Highway is 120 feet, and 100 feet currently exists. As such, there is a need for right-of-way dedication of 10 feet for property owners on both sides of Federal Highway. As part of this abandonment action in which we are returning 20 feet, it is appropriate to obtain a 10 feet right-of-way dedication along Federal Highway. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of January 28, 2002, a Public Headng was held and no one from the public spoke. The Board voted 7-0 to recommend approval, subject to the following conditions; The Official Resolution abandoning the subject area includes language which establishes a utility easement over the entire abandonment area, and Dedication of 10 feet of right-of-way along Federal Highway adjacent to Lot 13 & 14 of the plat of Delray Beach Estates. RECOMMENDED ACTION By motion, approve the abandonment of a portion of Dixie Highway Right-of-Way, directly adjacent to Lot 13 & a portion of Lot 14 of the Plat of Delray Beach Estates, based upon positive findings with respect to LDR Section 2.4.6(0)(5) subject to the conditions mentioned above. Attachments: · Abandonment Resolution · Right-of-Way Deed · P&Z Staff Report of January 28, 2002 $.'~ng & 7..ofllng~s~.,Ity Comn~ssla~DIxle Hwy Abandenmeflt-T~lEd Prol~es doc RESOLUTION NO. 29-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DF.T.RAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT- OF-WAY (ROW) LOCATED APPROXIMATFJ.Y 740 FEET SOUTH OF GULF STREAM BOUI.F. VARD, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHER£~I~S, the City of Delray Beach, Florida, received an application for abandonment of a portion of Dixie Highway Right-of-Way (ROW), as more particularly described herein; 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 Plamaing and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on January 28, 2002, and voted 7 to 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 be retained over the entire area; and WHEREAS, as a condition of the abandonment of the area described below, the applicant shall dedicate ten feet (10') of right-of-way along Federal Highway adjacent to lots 13 & 14 of the Plat of Delray Beach Estates to the City for highway purposes; 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 entire area thereof, as more partio~l~rly 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 utlities 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 FOIJ.OWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Dekay Beach City Commission to vacate and abandon all right and interest k holds to the following real property for right-of-way purposes only, but does not Resolution No. 29-02 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, more partio_~larly described as follows: THE EAST 20 FEET OF RIGHT-OF-WAY OF DIXIE HIGHWAY BEING BOUNDED ON THE NORTH AND SOUTH BY THE WESTERLY EXTENSION OF THE NORTH AND SOUTH LINE OF THE FOLLOWING DESCRIBED PARCF. I. LOTS 13 AND 14, PLAT OF DRI.RAY BF_.ACH ESTATES, ACCORDING OT THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 13, LESS AND EXCEPTING THEREFROM THE PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 14, DELRAY BEACH ESTATES; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 14, 20.25 FEET; THENCE EASTERLY PAKAIJ.FI. TO AND 20 FEET SOUTHERLY (MEASURED AT RIGHT ANGLES) FROM THE NORTH LINE OF SAID LOT 14, 185 FEET; THENCE NORTHERLY AT RIGHT ANGFJ$ TO THE PRECEDING COURSE, 20 FEET TO A POINT IN THE NORTH LINE OF SAID LOT 14; THENCE WESTERLY ALONG SAID NORTH LINE 189.2 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Containing 3,694 square feet, more or less. Section 2. As a condition of the abandonment of the property described above, the property described in Exhibit "A" shall be dedicated to the City for fight-of-way purposes. PASSED AND ADOPTED in regular session on this the day of 2002. ATI~ST: MAYOR City Clerk 2 Resolution No. 29-02 Prepared by: KE~: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INrDENTUP~ made this !Z ~day of e~,///ff-~ , 200_~ between o' I , as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1 st Avenue, Dekay Beach, Florida 33444, as party of the second part. WITNESSETH: That said party, of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first pan has in and to the following-described land, situate, lying and being in the County of Pakn Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second pan, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first pan or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The pany of the first pan agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also a~ees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part doei hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, fight, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN wrrNESS WHEREOF, said party of the first pan has hereunto set their hand and seal the date first abo',/e written. WITNESSES: (Name pril~ed or)~ped) (Name p~ted or ~ed) sT.T PARTY OF THE FIKST PART (Address) ,_~ ~ The foregoing, in.~trument_ was ackpowledged before., me. this ,/~,~tay of (name of officer or a=ent, tide of officer or agent),/of (name of corporation acknowledging), a ~'-Z~Xl/~/) ' /(state or pla~ of incorporation) corporation, on behalf of the corporation. (~She ~_s~'e'rsonauy lcnown to me or has produced (type of identification) as identification. Signa(ure of Person Taking Acknowledgment _~:.. Diane Bucci .~~.Commisdon # CC ~00564 ~..~//~/,~/~: ' ,~ ~ / ~k~[~,~--'- Expires ~EB. ~a, ~oo3 .... -,~'.-' aoNoEo THaU Name Typed, Printed or Stamped "/~,',~" ATLAHTIC BONDING CO.. 2 Exhibit "A" ~ , ~E ~T 10 FE~ ~ ~E F~L~NO D~ED P~CEL LOTS 13 ~D 14, P~T OF DEL~Y B~CH ESTA~S, ACCO~NG TO ~E P~T THEREOF ON FILE IN THE OFFICE OF THE C~RK OF THE CIRCU~ COURT ~ ~D FOR P~ B~CH, FLO~D~ RECORDED ~ P~T B~K 21, PAGE 13, ~ ~ N~ A SURLY Renner, Burgess, Inc~ Not ~d ~~ 1 S.E. 4th Ave., Sure 205 Delmy ~ch, FL ~ I betel y c.e~ify that the ~TCH O~ DESC~ON , ~hown hereon Phone ~1-2~4 ~e~ th~ ~ini~m technical standards set fo~h in Chapter 61G17-6, ant to Section 472.027, Florida West Palm 7~7~9 Statut~ s. West P~m F~ 7~7~1 ' Toll Fr~ 1-8~3-5531 ~ ~ ~ ~ ~ ~H F~ Free 1~~ ~Ha~ A: B~ge~ ~ "~ ~ P,L.S, No~9' PLANNING AND ZONING BOARD .'CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: January 28, 2002 IV.C. Abandonment of the East 20.25 ft. of Dixie Highway, 740' South of Gulf Stream Boulevard, Adjacent to Lot 13 and a Portion of Lot 14, Delray Beach Estates (Tri-Ed Properties). ,,, ~1~1.[' STREAM ~ BOULEVARD ~ CHURCH ~ ' I - ~ CHRISTIAN - ~ ~c~oo~ ~l'I - ,~ ,~ ~, GENERAL DATA: Owner .................................. Applicant .............................. Agent .............................. Location ............................... Property Size ........................ Existing FLUM Designation.. Current Zoning ..................... Adjacent Zonings ........ North: East: South: West: Existing Land Use ................ Proposed Land Use ............. Water Service ....................... Sewer Service ...................... General Public Tri-Ed Properties, LLC. Edward Cassatly East 20.25 ft. of Dixie Highway Right-of-Way Adjacent to Lot 13 & a Portion of Lot 14, Delray Beach Estates. 0.08 Acre GC (General Commercial) GC (General Commercial) GC (General Commercial) GC (General Commercial) GC (General Commercial) CF (Community Facilities) Unimproved right-of-way Incorporation into Future Development Plan. n/a n/a IV.C. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the Dixie Highway right-of-way, directly adjacent to Lot 13 & a portion of Lot 14 of the Plat of Delray Beach Estates, approximately 740 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 Dixie Highway, approximately 740 feet south of Gulf Stream Boulevard. This portion of Dixie Highway was dedicated with the recordation of the Plat of Delray Beach Estates (Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida), in July of 1946. Presently, the proposed abandonment area is vacant, with the exception of a dirt ddveway crossing the north portion of Lot 13. Dixie Highway right-of-way from Gulf Stream Boulevard, south to the north line of parcel 708 (H & H Carpet Site) measures 80 feet in width with the exception of Lot 18 (Jennings Commercial Building) which already has been abandoned to 60 feet. Lots 6, 7 & 8 (Delray Cycle) is in the process for abandonment to 60 feet. If the subject area is abandoned, the Dixie Highway fight-of-way will be reduced to 60 feet, which is the standard width for a local road and consistent with previous and proposed abandonments. The subject area is a 20.25' by 182.40' rectangular shaped parcel, containing 3,694 square feet (0.08 acres). The parcel represents the east 20.25' of the 80' Dixie Highway right-of-way, which abuts Lot 13 & a portion of Lot 14 of Delray Beach Estates. The abandonment request was submitted by the owner of Lots 13 & 14, Edward Cassatly of Tri-Ed Properties, LLC. Lot 14 is currently vacant. Lot 13 consists of a vacant motel, an associated motel office and asphalt driveway. The owner intends to aggregate the area for additional density, setback requirements, installation of irrigation, sod and landscaping. Currently, no future development plans have been submitted. Planning and Zoning Board Staff Report TH-Ed Properties/Dixie Highway R-OW 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 returned equally to abutting parcels). Accordingly, the Applicant is entitled to the entire abandonment area as it was dedicated entirely from Lots 13 & 14, Plat of Delray Beach Estates. During the review of this abandonment, it is noted that Federal Highway (U.S. 1) ultimate width has not been dedicated. The current right-of-way width for Federal Highway adjacent to these properties on the east is 100 feet. The ultimate width for Federal Highway should be 120 feet. There is a need for fight-of-way dedication of 10 feet for property owners on both sides of Federal Highway. As part of this abandonment action in which we are returning 20 feet, it is appropriate to obtain a 10 feet right-of-way dedication along Federal Highway. Utility Services The City's Environmental Services Department has identified a sanitary sewer line located within the subject area. Environmental Services has no objection to the abandonment if a 12' wide utility easement is provided centered over the affected area. The granting of said easement will be a condition of approval for this abandonment. BellSouth has a major manhole, conduit system and aerial cable in the area. Relocation of these facilities would be too costly and time consuming. BellSouth has stated that they do not support the abandonment unless they were granted a utility easement over these facilities. Florida Power & Light also stated that they do not support the abandonment unless they were granted a 12' wide utility easement. Given the multiple easements, it is recommended an easement over the entire abandonment area be retained. The City's Fire Department has reviewed the request and has no objection to the abandonment. Florida Public Utilities Company and Adelphia have also reviewed the requested abandonment and have no objection. Pursuant to LDR Section 2.4.6(O)(5), prior to any right-of-way abandonment being approved, the following findings must be made: Planning and Zoning Board Staff Report TH-Ed Properties/Dixie Highway R*O-W Abandonment Page 3 A) That there is not, nor will there be a need for the use of the Hght-of-way for any public purpose. The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard width for a local road and is consistent with previous and proposed adjacent abandonments. B) That the abandonment does not, nor will not, prevent access to a lot of record. As the subject parcel only abuts Lot 13 & a portion of Lot 14 of Delray Beach Estates, which is owned by the applicant, this abandonment will not prevent access to any adjacent parcels. 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 is to be provided for maintenance and improvement purposes. As previously stated access will not be affected by this abandonment. The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency). The CRA considered this abandonment at its January 10th meeting, and recommended approval. The development proposal is not within a geographical area requiring review by the HPB (Historic Preservation Board), or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following: Seacrest Homeowners Association Kokomo Key Homeowners Association La Hacienda Homeowners Association North Palm Trail Homeowners Association Town of Gulf Stream PROD & Presidents Council 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. Planning and Zoning Board Staff Report Tri-Ed Properties/Dixie Highway R-O-W Abandonment Page 4 As the subject right-of-way is unimproved and there are no plans for its improvement, its intended use is limited. In addition, this abandonment would not impair the provision of utility services or access to adjacent lots. The purpose of the abandonment is to incorporate the vacated area with the adjacent parcel to the east in an overall future development plan. As mentioned previously, no such plan has been submitted. The creation of a utility easement over the affected area will accommodate all future utility needs. 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 abandonment of the east 20.25' x 182.40' portion of Dixie Highway right-of-way (directly adjacent to Lot 13 & a portion of Lot 14 of the Plat of Delray Beach Estates), based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1. The Official Resolution abandoning the subject area includes language which establishes a utility easement over the entire abandonment area, 2. Dedication of 10 feet of right-of-way along Federal Highway adjacent to Lots 13 & 14 of the Plat of Delray Beach Estates. Attachments: · Location Map · Reduced Survey File: S:\Planning&Zoning\P&Z\Dixie Highway Abnd Tri-Ed.doc GULF STREAM BOULEVARD GULF STREAM DR. /Z[[~Z[ . ~~~o~,,/~~ ,_~~ ~AD~TL L~ . ~ ~ / ~v ) ji p~OpOS~D L,~_ 7 ,..- / ~ ~ N C3TY OF DELRAY BEACH. Fi. PLANNING & ZONING DF. PAR'[MF..NT - DIXIE HIGHWAY ABANDONMENTS - PREVIOUS AND PROPOSED ABANDONMENTS CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVID T~tc~, ~GER .^u. DAN MARFINO, PRINCIPAL PL"'~NNER~ MEETING OF APRIL 2, 2002 ABANDONMENT OF A PORTION OF THE S.E. 7T'~AVENUE LYING NORTH OF S.E. 5TM STREET. RIGHT-OF.WAY (ROW), BACKGROUND The request involves the abandonment of a 20' by 73.68' portion of the SE 7TM Avenue right-of-way, directly adjacent to Lot 10.3 (a metes and bounds parcel of the original Lot 10, Block 1, Plat of Osceola Park). This portion of S.E. 7~ Avenue was dedicated with the recordation of a quit-claim deed dated January 23, 1969 (Official Records Book 1699, Page 1400) and contains 1,478 square feet (0.034 acres). The abandonment represents % of the 40-foot right-of-way for S.E. 7t~ Avenue in this area, The abandonment request was submitted by Robert Woodfin, the owner of Lot 10.3 (directly adJacent to the east). Mr. Woodfin, who also owns the parcel on the west side of SE 7~ Avenue, has also proposed to dedicate a 10' x 73.68' parcel along the west side of the existing right-of-way, predicated on the idea that property on the west side of the ROW would be less expensive than property on the east side (east side has Intracoastal frontage). The Development Services Management Group (DSMG) has considered this abandonment request in numerous different forms. While researching this request it was identified that the recent construction of a single-family home on the Lot 10.2 (directly adjacent to and north of the abandonment area), would make it unrealistic to acquire an additional 20-feet of right-way, north to S.E. 4~ Street. However, the future acquisition of an additional 10-feet would be plausible. The resulting 30-foot wide right, of-way would still be substandard by Code, but it would accommodate two-way traffic better than its current configuration. As the City could acquire the additional right-of-way with the redevelopment of parcels to the north (with the exception of Lot 10.2), the DSMG supported the abandonment of the east 10-feet rather than the entire 20-feet as requested, and was not interested in pursuing right-of-way acquisition on the west side of SE 7t~ Avenue. PLANNING & ZONING BOARD CONSIDERATION At its meeting of March 18, 2002, the Planning and Zoning Board considered the request at a public hearing. One person, Charlie Anderson, spoke in favor of the abandonment. After reviewing the staff report and a lengthy discussion, the Board voted 4 to I to recommend approval of only the east 10-feet of the requested abandonment area (Peltzie dissenting, MotHs & Randolph absent), subject to the condition that a utility easement be retained over the full length and width of the abandonment area. This condition has been addressed. RECOMMENDED ACTION By motion, approve the abandonment of the east 10-feet of the SE 7~ Avenue right-of-way adjacent to Lot 10.3, and accept a replacement easement based upon positive findings with respect to LDR Section 2.4.6(O)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of March 18, 2001 $:~ P&ZV~rds[c~ommission[SE7A veAban.doc RESOLUTION NO. 30-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF SE 7TM AVENUE RIGHT-OF- WAY (ROW), LYING NORTH OF, AND ADJACENT TO S.E. 5TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTI~Y DESCRIBED WHEREAS, the Caty of Delray Beach, Florida, received an application for abandonment of a portion of SE 7TM Avenue Right-of-Way, as more particularly described herein; and WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(0), "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 March 18, 2002, and voted 4 to 1 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 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 k to be in the best interest of the City of Delray Beach to vacate and abandon said fight-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 entire 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 utilities whether owned bythe City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 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 axea 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 Resolution No. 30-02 whether owned by the Gty or private corporations, more particularly described as follows: THE EAST 10 FEET OF THE WEST 72.74 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH HALF OF LOT 10, LESS THE WEST 244.86 FEET THEREOF, BLOCK 1, OSCEOLA PARK, A(2X2DRDING TO THE PLAT THEREOF, AS REODRDED IN PLAT BOOK 3, PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Containing 737 square feet, more or less. PASSED AND ADOPTED in regular session on this the ., 2002. MAYOR ATI'EST: day of atyC~erk 2 Resolution No. 30-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: March 18, 2002 IV.B. Abandonment of a Portion of S.E. North of S.E. 5th Street. 7th Avenue (20'x73.68'), Lying GENERAL DATA: Owner ....................................... General Public Applicant .................................. Robert J. Woodfin Agent ........................................ Beril Kruger Planning & Zoning Consultants Location .................................... Portion of S.E. 7th Avenue, lying north of S.E. 5th Street Property Size ............................ 0.034 Acre Existing F.L.U.M. Designation.. Low Density (0-5 d.u./acre) Current Zoning ......................... R-l-AA (Single Family Residential) Existing Land Use .................... Unimproved right-of-way Proposed Land Use ................. Abandonment of a 20'x73.68' portion of S.E. 7th Avenue to be incorporated into adjacent property. Water Service ...................... n/a Sewer Service .......................... n/a 4TH ST. Z0 LOT LOT LOT 20 10,2 LOT 10.3 5TH ST IV.B. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the S.E. 7th Avenue right-of-way (ROW), lying north of S.E. 5th Street. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. BACKGROUND The subject portion of S.E. 7th Avenue is located directly adjacent to S.E. 5th Street, and approximately 300-feet east of Federal Highway Northbound (S.E. 6th Avenue). This portion of S.E. 7th Avenue was dedicated with the recordation of a quit-claim deed dated January 23, 1969 (Official Records Book 1699, Page 1400, Public Records of Palm Beach County, Florida). This portion of right-of-way is directly adjacent to Lot 10.3 (see Reference Map "A"), a metes and bounds parcel of the original Lot 10, Block 1, Plat of Osceola Park (Plat Book 3, Page 2). Currently the subject ROW is unimproved for roadway purposes. A paved circular driveway, accessing the parcel directly to the east, exists over the north and the south side of the abandonment area (see attached survey). ABANDONMENT DESCRIPTION I ANALYSIS In February 2001, an abandonment request was submitted which consisted of a portion of S.E. 7th Avenue, measuring 20-feet in width and 73.68-feet in length, containing 1,478 square feet (0.034 acres). The subject parcel represents % of the 40-foot right-of-way for S.E. 7th Avenue in this area. The portion of S.E. 7th Avenue right-of-way, from the abandonment area north to S.E. 4th Street, is 20- feet wide. S.E. 7th Avenue does not extend south of S.E. 5th Street. At its meeting of March 1, 2001, the Development Services Management Group (DSMG) considered this abandonment request. It was identified that the recent construction of a single-family home on the Lot 10.2 (directly adjacent to and north of the abandonment area), as well as previous development on Lot 9.1, would make it unrealistic to acquire an additional 20-feet of right-way, north to S.E. 4th Street. However, the future acquisition of an additional 10-feet would be plausible. The resulting 30-foot right-of-way would still be substandard by Code, but it would accommodate two-way traffic better than its current configuration. The DSMG supported the abandonment of the east 10-feet rather than the entire 20-feet as requested. The applicant has modified the original request several times. The current request includes the dedication of a 10' x 73.68' parcel, containing 737 square feet, on the west side of the road, as the applicant owns this property also, in exchange for the full twenty-feet on the east side, as originally requested. The applicant makes the argument that this would be beneficial to the City, given that if additional right-of-way needs to be purchased, the land on the west side of SE Planning and Zoning Board Staff Report S.E. 7th Avenue Right-of-way Abandonment Page 2 7th Avenue is considerably less expensive (as it does not front on the Intracoastal Waterway). The modified request was discussed at numerous DSMG meetings, with the end result being the same at each, reaffirming the original recommendation of the abandonment of only the east 10-feet of the requested abandonment area. This decision is based on the fact that the City will not need to purchase additional right-of-way from properties on the east side of SE 7th Avenue, with the exception of Lot 10.2. Right-of-way can be obtained from Lots 9.1 and 9.5, as these parcels are redeveloped. As the right-of-way was not obtained from Lot 10.2 with its redevelopment in June of 2001, this portion of SE 7th Avenue would need to be purchased. The abandonment request was submitted by Robert Woodfin, the owner of the lot directly to the east (Lot 10.3). Mr. Woodfin's mother, Louise A. Woodfin (now deceased), originally executed the above referenced deed which dedicated the subject area as right-of-way. Distribution of Ri~lht-of-way: Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (retumed) 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 returned equally to abutting parcels. Accordingly, the applicant, being the fee-simple owner of the lot directly adjacent to the east (425 S.E. 7th Avenue, Property Control Number: 12-43-46-21-01-001- 0103), and being a direct heir to Louise A. Woodfin, whom originally dedicated the subject right-of-way, is entitled to the entire abandonment area. Utility Services No municipal water or sewer lines are currently located in the proposed abandonment area. Adlephia Cable has identified underground facilities in the subject right-of-way, and is requesting a replacement utility easement or relocation of existing facilities. The Flodda Public Utilities Company, Florida Power & Light and BellSouth have also reviewed the requested abandonment, and have no objections. The City's Fire Department has also reviewed the request and has no objection to the abandonment REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: Planning and Zoning Board Staff Report S.E. 7th Avenue Right-of-way Abandonment Page 3 A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Currently, the right-of-way width for S.E. 7th Avenue, between S.E. 4th Street and S.E. 5th Street, is 20-feet, with the exception of the requested abandonment area, which is 40-feet. This stretch of 7th Avenue does provide two-way traffic. Pursuant to LDR Section 5.3.1(D)(2), the required roadway width is 60-feet, or 50-feet with curb and gutter. In either case, S.E. 7th Avenue is substandard with respect to width. However, as recent construction on adjacent lots would prevent the acquisition of 20-feet of additional right-of-way to the north, a 30-foot right-of- way, while substandard, has been deemed acceptable by the DSMG. That the abandonment does not, nor will not, prevent access to a lot of record. The abandonment area, as proposed, would only impact the Lot 10.1 (directly to the east), which is owned by the applicant. That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. Adelphia Cable has located existing facilities in the abandonment area, which can be accommodated through the reservation of a utility easement, or relocation of said facilities. REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency), the HPB (Historic Preservation Board), or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following associations: Osceola Park Homeowners Association Marina Historic District Barrton Condominium Seagate Manor Condominium Churchill Condominium 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. Planning and Zoning Board Staff Report S.E. 7m Avenue Right-of-way Abandonment Page 4 ASSESSMENT As the remaining portion of S.E. 7th Avenue between S.E. 4th Street and S.E. 5th Street, has substandard width of 20-feet, and it unrealistic to believe an additional 20-feet of right-of-way can be acquired, the intended use of the subject abandonment area is limited. It is, however, realistic to obtain an additional 10- feet of right-of-way, north of the subject area. The resulting 30-foot wide right-of- way, while still substandard, would be better able to handle two-way traffic. While recent construction on Parcel 10.2 will prevent the City from obtaining additional right-of-way in front of this parcel through redevelopment, the ability to obtain right-of-way through redevelopment of Parcels 9.1 and 9.5 is still plausible. Given this situation, staff recommends abandonment of the east 10- feet of the proposed abandonment area, and pursue additional right-of-way on the east side of SE 7th Avenue, as the situation warrants. ALTERNATIVE ACTIONS Continue with direction. Recommend to the City Commission approval of the abandonment of the , , th east 10 x 73.68 described portion of S.E. 7 Avenue right-of-way (directly to the north of S.E. 5th Street), based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1. The disposition of all utilities is satisfactorily addressed through the provision of replacement easements or relocation of existing facilities. Recommend to the City Commission approval of the abandonment of the east 20-feet of the proposed abandonment area, subject to the condition that the applicant dedicate an additional 10-foot strip of right-of-way (from parcel 10.1), based on positive findings with respect to LDR Section 2.4.6(0)(5). D. 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). RECOMMENDED ACTION By motion, recommend to the City Commission approval of the abandonment of the east 10' x 73.68' described portion of S.E. 7th Avenue right-of-way (directly to the north of S.E. 5th Street), based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1. The disposition of all utilities is satisfactorily addressed through the provision of replacement easements or relocation of existing facilities. Planning and Zoning Board Staff Report S.E. 7"~ Avenue Right-of-way Abandonment Page 5 Attachments: Location Map Reference Map "A" Reduced Surveys File: S:\Planning&Zoning\P&Z~SE 7 Ave Abandonment.doc 3RD 4TH DELRA Y b- BEA CH I WOMEN'S CLUB 6TH ST. ST. ST. BA RR TON APT CONDOS CHURCHILL CONDO ST. N CITY OF DEI.RAY BEACH, FL PLANNING & ZONING DEPARTMENT -- ABANDONMENT-- PORTION OF S.E. 7TH AVENUE -- D/GI)AL BASE M,4P $~S/~'M -- MAP REF. LMS02 _.J W W ~_ V S.E. 4TH ST. LOT 10.1 70' LOT 9.1 LOT 9.5 LOT 10.2 20' LOT ?0.3 S.E. 5TH ST. OTY OF D£LRAY BEACH. FL PLANNING & ZO~IING DEPARTMENT ABANDONMENT PORTION OF S.E. 7TH AVENUE - REFERENCE MAP IIAI! .o*gz 107 I¥'M d #L ,V?¥~ 'DUO,3 ,; IN..VM3SV3 A~IIFI 00~ 3~¥d '669t ~1'0 AS HO¥3E | / ,0 0£ - AREA TO BE ABANDONED - CONSTRUCTION 56 2' NOPTH LINE OF' $.1/2 OF LOT 52.8' LOT 10 BLOCK 52 0' 29 3' SET LR S.E. 5TH STREET LOT iS B'- C$~ ' LINE ~3r LOT 10 - AREA TO BE DEDICATED - EXHIBIT I CURRENT LAND VALUE OF LOTS ADJACENT TO SE 7t" AVE. ALL CALCULATIONS ARE BASED ON CURRENT PROPERTY APPRAISER APPRAISED LAND VALUES LOT EAST SIDE (WATERFRONT) OF SE 7th AVE. DIMENSION SQ.FTG. LAND VALUE PER SQ. FT. 9.1 70' front x 148' depth 405 SE 7 AVE. 9.5 78' front x 148' depth 407 SE 7 AVE. 10.2 76' front x 148' depth 415SE7AVE. 10 .... ~80,500 $46.38 ~/'J~ '" ~/~80,500 , o, oo 10.3 104' front x 127' depth 425 SE 7 AVE. WOODFIN 13,208 sq. ft. $542,500 $41.07 WEST SIDE (NON WATERFRONT) OF SE 7th AVE. LOT DIMENSION SQ. FTG. LAND VALUE PER SO. FT. 9.4 147' front x 100' depth 414 SE 7 AVE. 14,700 sq. ft. $40,000 $2.72 10.4 74' front x 142' depth 618 SE 4 ST. 10,508 sq. ft. $29,000 $2.76 10.1 74' front x 142' depth 617 SE 5 ST. WOODFIN 10,508 sq. ft. $30,000 $2.85 ALL INFORMATION ON THESE SHEETS OBTAINED FROM THE 2002 TAX ROLLS OF THE PALM BEACH COUNTY PROPERTY APPRAISER AS OF 3/31/02. EXHIBIT 2 Cost TO OBTAIN 10' ./W FROM EACH LOT ADJACENT TO SE 7'h AVE. ALL CALCULATIONS ARE BASED ON CURRENT APPRAISED LAND VALUES EAST SIDE OF STREET [INTERCOASTAL SIDE] LOT DIMENSION SQ.FTG. $ PER SQ. FT. LAND COST 9.1 70' x 10 700 sq. ft. $46.38 405 SE 7th AVE. $32,466.00 9.5 78' x 10' 780 sq. ft. $41.62 407 SE 7th AVE. $32,463.60 10.2 76'x 10' 760 sq. ft. $42.72 415 SE7thAVE. $32,476.20 10.3 104' X 10' 1,040 sq. ft. $41.07 425 SE 7 AVE. WOODFIN CITY ALREADY OWNES 20' OF THIS LOT. WE ARE REQUESTING THIS 20' BE ABANDONED. COST TO CITY TO PURCHASE LAND LESS STRUCTURES $0.00 $97,405.80 THIS COST DOES NOT INCLUDE THE COST TO CITY FOR A PORTION OF THE RECENTLY RENOVATED STRUCTURE ON LOT 9.1 WHICH COST BETWEEN $400,000 & $500,000, AND IS ADJACENT TO R/W, NOR THE 6' CONC. BLOCK WALL RECENTLY BUILT ON LOT 10.2. THREE LOTS BECOME NON-CONFORMING LOTS DUE TO STRUCTURES LYING LESS THAN 25' FROM R/W. WEST SIDE OF STREET [NON INTERCOASTAL SIDE] LOT DIMENSION SQ.FTG. $ PER SQ. FT. LAND COST 9.4 147' X 10' 1,470 sq. ft. $2.72 $3,998.40 414 SE 7~ AVE 10.4 74' x 10' 740 sq. ft. $2.76 $2,042.40 618 SE 4th ST 10.1 74' x 10' 740 sq. ft. $2.85 $0.00 617 SE 5~h ST. WOODFIN COST TO CITY TO PURCHASE LAND [$8,083.20] $6,040.80 W/O ABANDON WITH ABANDON NO STRUCTURES NEED TO BE REMOVED. ONE LOT WILL BECOME NON-CONFORMING LOT AS STRUCTURE WILL BE LESS THAN 30' FROM R/W. CURRENT R/W IS 20' WIDE AND HAS BEEN SO FOR OVER 40 YEARS ALL INFORMATION ON THESE SHEETS OBTAINED FROM THE 2002 TAX ROLLS OF THE PALM BEACH COUNTY PROPERTY APPRAISER AS OF 3/31/02. TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAV~.~R~[_N, J~TY MANAGER PA~L~RLIN~ToR OF PI. ANNI~N~D/2~NI.NG DAN MARFINO, PRINCIPAL PLANNER/(~,/./~/~ MEETING OF APRIL 2, 2002 *CONSENT AGENDA~'~,~ ABANDONMENT OF THE CANAL RIGHT-OF-WAY ADJACENT TO THE NORTH SIDE OF LOT 1, LAKE EDEN SUBDIVISION, PLAT NO. 3, ON THE WEST SIDE OF SWINTON AVENUE AND APPROXIMATELY 100-FEET NORTH OF N.W. 25TM COURT. BACKGROUND The request involves the abandonment of an irregularly shaped parcel of canal right-of-way, which contains 4,033 square feet (0.092 acres). The parcel is located on the west side of Swinton Avenue, adjacent to and south of the Delray Beach City limits. The subject area was dedicated as "canal" right-of-way with the recordation of Lake Eden Subdivision, Plat No. 3 (Plat Book 29, Page 219), in October of 1972. Currently the subject ROW is unimproved. However a 36" metal drainage culvert, which accommodates drainage from Swinton Avenue, bisects the area from east to west. In addition, FPL identified facilities in the subject area. Replacement utility easements will be retained over both facilities so that they continue to function as they do presently. While researching this abandonment request, it was discovered that the subject canal was the sole means of dedicated right-of-way to a submerged parcel of land, located in Lake Eden (unicorporated Palm Beach County). Originally this was identified as a concern, however, the owner of the submerged parcel has consented to the abandonment, provided they were granted an access easement over a portion of the abandonment area. That easement is attached, and will be recorded concurrently with the resolution, if approved. The abandonment request was submitted by James & Betty DeMerrit the owners of said Lot 1 (adjacent to the south), Lake Eden Subdivision, Plat No. 3. PLANNING AND zoNING BOARD, CONSIDERATION, , , , ,, At its meeting of February 25, 2002, the Planning and Zoning Board considered the request at a public hearing. Two people (one of whom owns the lot immediately to the north), spoke in favor of the proposed abandonment. No one spoke in opposition. After reviewing the staff report, the Board voted 5 to 0 to recommend approval (Pike abstaining, Sowards absent), subject to the following conditions: 1.) The subject abandonment area is modified so that it excludes all areas currently covered by water, provides for the requested utility easements, and a modified survey and legal descriptions are provided, prior to proceeding to City Commission, and 2.) an access easement in favor of BE Avionics, Inc., is executed prior to City Commission action, and concurrently recorded with the abandonment resolution, if approved. These conditions have been satisfied. ! .ECO,~M~NOEO ACTION ' I By motion, approve the abandonment of right-of-way based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of February 25, 2002 $:~ P&Z~boerdsicitycommission[CanaI-Aban-CCDoc.doc RESOLUTION NO. 31-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OP THE 60' CANAL RIGHT-OF- WAY (BOW) LYING NOKTH OF AND ADJACENT TO LOT 1, LAKE EDEN SUBDIVISION PLAT NO. 3, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER A PORTION OF THE AREA THEREOF, AS MORE PARTI~Y DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of the 60' Canal Right-of-Way (ROW), as more paxfic:~hdy described herein; and WHEREAS, said application for abandonmem of a general public right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Developmem 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 February 25, 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 the condition that a general utility easement be retained over a portion the area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, fin& that its interest in the described property is no longer needed for the public good and deems k 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(0)(5), but does not abandon and retains and reserves unto itself a utility easemem over a portion of the 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 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 FOLLOWS: Section 1. That pursuant to (laapter 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 right and interest it holds to the following real property for right-of-way purposes only, more particularly described as follows: THAT PORTION OF THE 60' CANAL RIGHT OF WAY LYING NORTH OF AND ADJACENT TO LOT 1, LAKE Resolution No. 31-02 EDEN SUBDIVISION PLAT NO. 3, AO2DRDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 29 AT PAGE 219 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.90°00'00"E., ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 100.0 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE N.9°47'20'W., ALONG THE WEST RIGHT OF WAY L/NE OF SWINTON AVENUE, A DISTANCE OF 60.89 FEET; THENCE S.90°00'00"W., A DISTANCE OF 60.83 FEET; THENCE S.6°40'12~E., A DISTANCE OF 43.92 FEET; THENCE S.48°11'11~W., A DISTANCE OF 15.62 FEET; THENCE N.88°58'29"W., A DISTANCE OF 2228 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 1; THENCE S.0°00'00~W., ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 6.36 FEET TO THE POINT OF BEGINNING. CONTAINING 4,033 SQUARE FEET MORE OR LESS. Section 2. That the Delray Beach City Commission hereby retains and reserves unto itself a general utility easement over portions of the abandonment area, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wu-es, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporafiom, more partio_~_hrly described as follows: LFfIHTY EASEMENT NO. 1: THAT PORTION OF THE 60' CANAL RIGHT OF WAY LYING NORTH OF AND ADJACENT TO LOT 1, LAKE EDEN SUBDIVISION PLAT NO. 3, ACODRDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 29 AT PAGE 219 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE N.9°47'20"W., A DISTANCE OF 40.32 FEET TO THE POINT OF BEGINNING AND THE CENTERLINE OF A 12 FOOT EASEMENT; THENCE S.80°12'40"W., A DISTANCE OF 61.63 FEET TO THE TERMINUS POINT OF SAID EASEMENT. 2 Resolution No. 31-02 ATTEST: THE SIDE LINES OF SAID EASEMENT SHALL BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS. LF/TLI~ EASEMENT NO. 2: THAT PORTION OF THE 60' CANAL RIGHT OF WAY LYING NORTH OF AND ADJACENT TO LOT 1, LAKE EDEN SUBDIVISION PLAT NO. 3, ACIDORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 29 AT PAGE 219 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE N.9°47'20"W., A DISTANCE OF 48.21 FEET TO THE POINT OF BEGINNING AND THE CENTERLINE OF A 5 FOOT EASEMENT; THENCE S.80°12'40"W., A DISTANCE OF 15.00 FEET TO THE TERMINUS POINT OF SAID EASEMENT. THE SIDE LINES OF SAID EASEMENT SH.~T]'. BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS. PASSED AND ADOPTED in regular session on this the ,2002. MAYOR dayof Resolution No. 31-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: February 25, 2002 IV. B. Abandonment of a Portion of a 60 Foot Canal Right-of-Way Adjacent to Lol 1, Lake Eden Subdivision, Plat No. 3 (1 NW 25th Court). GENERAL DATA: Applicant ................................... James & Betty DeMerdtt. Location ...................................... Located on the west side of Swinton Ave., approximately 100' north of Northwest 25th Court. Property Size .............................. 0.13 Acres Future Land Use Map ................ MD (Medium Density 5-12 Du/Acre) Current Zoning ............................ City of Delray Beach (R-l-AA, Single Family Residential) Adjacent Zoning ................ North: City of Boynton Beach (R-1AAB, Single Family Residential) East: City of Delray South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. Beach (R-l-AA, Single Family Residential) City of Delray Beach (R-l-AA, Single Family Residential) City of Delray Beach (R-l-AA, Single Family Residential) Unimproved canal right-of- way. Incorporation with adjacent parcel. N/A N/A 25TH~?~ 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 the canal right-of-way adjacent to the north side of Lot 1, Lake Eden Subdivision, Plat No. 3, on the west side of Swinton Avenue and approximately 100-feet north of N.W. 25th Court. This fight-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. BACKGROUND The subject portion of canal right-of-way is located directly adjacent to the west line of Swinton Avenue, and adjacent to and south of the Delray Beach City limits. The subject area was dedicated as "canal" right-of-way with the recordation of Lake Eden Subdivision, Plat No. 3 (Plat Book 29, Page 219, of the Public Records of Palm Beach County, Florida), in October of 1972. Currently the subject ROW is unimproved. Approximately 70% of the area is dry land, with the remainder being water. A chain-link fence extends into the north end of the abandonment area, and a wooden dock is located in the SW corner. In addition, a 36" metal drainage culvert, which accommodates drainage from Swinton Avenue, bisects the area from east to west (see attached Survey "A'). ABANDONMENT DESCRIPTION The portion of canal right-of-way to be abandoned measures 60 feet in width and 89.65 to 100 feet in length, containing 5,689 square feet (0.13 acres). The subject parcel represents the entire portion of canal right-of-way, adjacent to Lot 1, Lake Eden Subdivision, Plat No. 3. The abandonment request was submitted by James & Betty DeMerdt the owners of said Lot 1, to the south. 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. Planning and Zoning Board Staff Report Canal Right-of-way Abandonment Page 2 Accordingly, as the entire abandonment area was dedicated from the plat of Lake Eden Subdivision, Plat No. 3, the applicants being the fee-simple owners of said Lot 1, are entitled to the totality of the area. Property directly to the north of the abandonment area is part of the plat of Lake Eden Subdivision, Plat No. 4 (Plat Book 30, Page 122). Given that the plat of Lake Eden Subdivision, Plat No. 4, is not responsible for the dedication of any part of the abandonment area, the parcel to the north is not entitled to any portion of the abandonment area thereof. Utility Services No municipal water or sewer lines are currently located in the proposed abandonment area. The Environmental Services Department did request a 12- foot utility easement be placed over the drainage culvert, to maintain proper drainage for Swinton Avenue. Flodda Power & Light has identified facilities in the abandonment area, in the form of an anchor support, for a utility pole locate in the adjacent Swinton Avenue right-of-way (see attached Survey "A"). They are requesting a utility easement to accommodate their equipment. The City's Fire Department has reviewed the request and has no objection to the abandonment. BellSouth, Adelphia Cable and the Florida Public Utilities Company have also reviewed the requested abandonment, and have no objections. Other Nofications Due to the unique nature and location of the proposed abandonment area, several governmental and regional service providers were notified. Additional notifications were sent to: Lake Worth Drainage District, South Florida Water Management District, and Palm Beach County, all of whom reviewed the requested abandonment, and have no objections. The City of Boynton Beach was also notified and initially had concerns as to the division of property. They were under the assumption that the lot to the north (which is within the City of Boynton Beach) was entitled to half the abandonment area. After a review of the Florida State Statutes with respect to the division of abandoned right-of-way, they were are longer concerned. ~,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: Planning and Zoning Board Staff Report Canal Right-of-way Abandonment Page 3 A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Currently, the right-of-way is unimproved, and approximately 30% is submerged and is a part of a canal which feeds into Lake Eden. The City has no plans to utilize this right-of-way beyond the existing drainage culvert, which will be accommodated by a 12-foot drainage easement. B) That the abandonment does not, nor will not, prevent access to a lot of record. Currently no lots use the abandonment area for primary access. I~Please see Reference Map "A" and attached Ae#al Photograph, for the following section. However, there is a 2.04 acre parcel of submerged land (PCN 00-43-46-05- 00-000-5150) located at the western terminus of the canal, approximately 225-feet to the west of the abandonment area. For the purposes of this report, this parcel is referred to as "Parcel 515". The submerged parcel is located in unincorporated Palm Beach County, and has a County zoning of RS (Single Family Residential) and a County Future Land Use Map designation of LR-2 (Low Residential 2). The LR-2 designation permits 1.5 units to the acre for parcels up to 30 acres in size, giving the submerged parcel development rights for three (3) single family units. Taking into consideration the financial constraints that would be involved in developing this parcel, it is unlikely that it would come to fruition. Given that the only means of access to Parcel 515 through a publicly dedicated right-of-way, would be the canal right-of-way in question, it would be irresponsible to abandon the subject abandonment area without the consent of the owner Parcel 515. The owner of Parcel 515, BE Avionics Incorporated (located in Boynton Beach), has been contacted by the applicant and consented to the abandonment request, provided and access easement, in their favor, is recorded over a portion of the abandonment area. The proposed easement (signed by all parties), is attached. The easement will be recorded in Palm Beach County Records concurrent with the abandonment resolution, if approved by City Commission. 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. Florida Power& Light has identified facilities in the abandonment area, and are requesting a 12-foot utility easement to accommodate said facilities. Utility service to adjacent properties and the surrounding area will not be impacted as a result of the abandonment. Planning and Zoning Board Staff Report Canal Right-of-way Abandonment Page 4 Secondary access from Lot 62, Lake Eden Subdivision, Plat No. 4, would be impaired (see attached Survey "B'~). Lot 62 has a boat-dock, located just to the north of the proposed abandonment area, and the property owner would be forced to cross over property lines in order to perform basic boat maneuvering to and from their dock. In order to alleviate this situation, staff recommends that the abandonment area be modified exclude all areas currently covered by water. REVIEW BY OTHERs ~'"· · '~ "' ! The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency), the HPB (Historic Preservation Board), or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following: PROD - Progressive Residents of Delray President's Council Lake Ida Homeowners Association Seacrest 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. ASSESSMENT As the subject right-of-way is unimproved and there are no plans for its improvement, and as all current utilities will be accommodated through utility easements, the intended public use of the subject area is limited. The purpose of the abandonment is to incorporate the abandonment area with the adjacent property to the south, which will alleviate the City of any further maintenance responsibilities. A modified survey, which excludes all portions of the area currently covered by water, as well as depicting the necessary utility easements, and a executed access easement in favor of BE Avionics, Inc, must be provided prior to proceeding to City Commission for final action. Planning and Zoning Board Staff Report Canal Right-of-way Abandonment Page 5 ALTERNATIVE ACTIONS 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(O)(5). 3. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDP, Section 2.4.6(0)(5), subject to the following conditions: 1) The subject abandonment area is modified so that it excludes all areas currently covered by water, and provides for the requested utility easements, and a modified survey and legal description to this effect, is provided prior to proceeding to City Commission. 2) Access easement in favor of BE Avionics, Inc., is executed prior to City Commission action, and concurrently recorded with the abandonment resolution, if approved. 4. 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). RECOMMENDED ACTION By motion, recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDP, Section 2.4.6(0)(5), subject to the following conditions: 1) The subject abandonment area is modified so that it excludes all areas currently covered by water, and provides for the requested utility easements, and a modified survey and legal descriptions to this effect, are provided prior to proceeding to City Commission. 2) Access easement in favor of BE Avionics, Inc., is executed pdor to City Commission action, and concurrently recorded with the abandonment resolution, if approved. Attachments: · Reference Map "A" · Aerial Photograph · Reduced Survey "A" · P,educed Survey "B" · Access Easement File: S:tPlanning&Zoning~P&Z~Canal ROW Abandonment. doc / / / / / / / / / ;.w. ~6TH AVE. 515 508 _/_ 507 O~ 510 LAKEVlEW BAPTIST CHURCH N.W. 25TH CT. 25TH ST. N.W. 24TH CT. N.W. 24TH ST. UNITY CHURCH AND ELEMEN TAR Y SCHOOL 22ND STREET OF THE PALMS N CITY OF DEI.RAY BEACH, FL PLANNING & ZONING DEPAR1MENT - ABANDONMENT- PORTION OF 60' CANAL RIGHT-OF-WAY BONNIE~EW RD. PINE RIDGE RD. j CIR. -- DIGITAL ~45E' ,MAP SYS'7'EM -- MAP RET' LMS01 N CITY OF' D[I..RAY BF_.ACH, Pt.A,NNINO & ZONINO - ABANDONMENT- PORTION OF 60' CANAL RIGHT-OF-WAY ~ ,00'09 3 gl Tins Instrument Ihepmed By: Robert E. Murdoch, Esquire Johnson,Anselmo,Murdoch,Burkc &George. P.A 790 'Fast Broward Boulevard, State 400 Fort Lauderdale, Florida 33301 Ingress and Egress Easement This Agreement, made this ~'day of'~)~ 2001, by and between James H. DeMerritt and Bet~, J. DeMerritt, his wife, whose address is 1 Northwest 25t~ Court, Delray Beach, Florida 33444-4321 ("Grantor"); BE Aerospace, Inc., a Delaware corporation, whose address is 140(} Corporate Center Way, Wellington, Florida 33414 ("Grantee"). Witnesseth: For Ten Dollars (5;10.00) in hand paid by Grantee to Grantor and other good and valuable consideration, including the temas and conditions hereinafter set forth, the receipt of which consideration is hereby acknowledged, the Grantor hereby grants to the Grantee, its successors and assigns, thc following irrevocable and exclusive ingress and egress easement: An exclusive easement for pedestrian and vehicular indirect access to Grantee's property described in Exhibit "A' attached to this Agreement (the "Benefitted Parcel") over and across the easement area (which area is contiguous to a public canal right-of- way reserved by the Lake Eden Subdivision Plat No. 3 which runs to the Benefitted Parcel [the "Canal"]) between Swinton Avenue and the Canal, such easement rights being on and over that certain parcel of land, described on Exhibit "B" attached to this Agreement (the "Access Parcel"); and By acceptance hereof, Grantee acla~owledges that the following are conditions of and consideration for the granting and continuation of this Easement: (a) Grantor shall not have any duty, responsibility or obligation with respect to the improvement, maintenance, condition or suitability of the Access Parcel; (b) Grantor shall be responsible for the payment of all ad valorem taxes assessed against fl~e Access Area; (c) Grantee may use and occupy the Access Parcel only as pemfitted herein and for no other purposes and shall not otherwise interfere with Grantor's use and occupation of the Access Parcel, provided such use and occupancy does not interfere with the access rights granted to the Grantee hereunder; (d) Grantor ma3' plant grass in the Access Area and hedges around the perimeter of the Access Area, it being understood, however, that if Grantee requires use of the Access Area lbr ingress and egress from Swinton Avenue to the Canal, Grantee will not be responsible for any damage caused to such plantings within the Access Area; (e) The Grantee agrees to indemnify and hold the Grantor ham~less from and against any and all claims by third parties which may arise by virtue of Grantee's use of the Access Area; (f) The Grantee will provide the Grantor twenty (20) days advance written notice of its need to use the Access Area for the purposes permitted herein; (g) The Grantee agrees that if it is permitted to fill and develop the Benefitted Parcel, the filling mid development thereof will not block the Grantor's access from their property to Lake Eden via the existing Canal and an assumed westward extension of the Canal fight-of-way, sixty (60') feet in width, into Lake Eden as the Benefitted Parcel will notbe filled or developed west of the current western boundary of the canal. This Agreement shall be binding on the heirs, successors and assigns of the Grantor and Grantee and shall be deemed an easement running with the lands described in Exhibit "A" and Exhibit "B". In Witness WhereoL the Easement the date and year written above. Grantor, Lessee and Grantee have executed this Utility Witnesses: Print Print Name: Print Name: Bet~. DeMerritt Grantee: BE Aerospace, Inc. Prin~ame: ~-~/ 1>. iq TitleY ~.~_ 2 STATE OF FLORIDA ) COUNTY OF ~ ) The foregoing instrument was acknowledged before me this ~;?Kday of 2001, by J ames H. DeMerritt and BetW J. DeMerritt, his wife. (Fhey are personally know~ to me or have produced ' as identification.~ M yCo mm ission Expires: T~____~~ My Cormnission Number is: Print Name: Notary Public, State of Florida (Seal) The foregoing il}~trurpen, t Fas acknowle.dgcd b~ore .me this_l~ itay of 2001, by ~ {J ~~.,O0'~.~s L],/_J./~/w~ BE Aerospace, Inc., a Delaware0c~porlJtion, on behal~of the co~oration~ I-Ie/ahc. is personally kaaown to me My Commission Expires: qJZO/'zo ~ ~- ~..v._.~- ~ My Conmfission Number is:e.a: g~$5¥7 Print Name: ~'/ Notary Public, State ott Florid.'; (Seal) H xl. IBl~RY~REM%l')cMemtt\lngrcss and Egress Ease,ne.t wlxl 3 Exhibit "A" The Benefitted Parcel Parcel #515 (PCN 00-43-46-05-00-000-5150) also described as the South 160 feet of the North V2 of the Northwest 1/4 of the Northeast 1/4 of the Southeast 1/4, less the right of way for the E-4 canal, lying in Section 5. Township 46 South, Range 43 East, Palm Beach County, Florida. 4 Exhibit "B" The Access Parcel The Noah 10 feet of that portion of the 60 foot canal right of way lying North of and adjacent to Lot 1, Lake Eden Subdivision Plat No. 3, according to the Plat thereof, as recorded in Plat Book 29, at Page 219, of the Public Records of Palm Beach County, Florida. 5 [ITY OF DELRI:i¥ BEI:I[H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct L~ne' 561/243-7091 1993 DATE: March 27, 2002 MEMORANDUM TO: FROM: City Commission ~ Brian Shutt, Assistant City Attorney SUBJECT: Off-Site Parkinq Agreement with House of God Church The attached Agreement provides that the Church shall be allowed to use 21 parking spaces located on City property during the time periods that City Hall is closed. The spaces are needed by the Church to provide proper parking for its patrons. In July of 1999 the City and the Church executed a contract for the sale and exchange of certain properties owned by the City and owned by the Church along N.W. 3rd Avenue. The contract enabled the City and the Church to "swap" properties which in turn allowed the property previously owned by the Church to be included in the RFP for Block 36 (Atlantic Grove). The contract also allowed the Church to reconstruct a new church facility of similar size on the property formerly owned by the City. The previously approved Church facility was non- conforming with respect to parking and the contract allowed for the new Church facility to also be non-conforming with respect to parking. On November 27, 2000 the City Commission approved the conditional use modification for the Church with several conditions. One of the conditions was that an off-site parking agreement be executed for the use of a minimum of 21 parking spaces within the City Hall parking lots. By copy of this memorandum to David Harden, our office requests that this item be placed on the April 2, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Jeff Costello, Principal Planner OFF SITE PARKING AGREEMENT THIS AGREEMENT made this day of . · , 2001, by and between THE HOUSE OF GOD CHURCH WHICH IS THE CHURCH OF THE LIVING GOD THE PILLAR AND GROUND OF THE TRUTH WITHOUT CONTROVERSY, INC., whose address is c/o Pastor Jerry Taylor 925 NW 83rd Terrace, Miami, Florida 33150, ("Church"), and the CITY OF DELRAY BEACH, a Florida municipal corporation, whose address is 100 N.W. 1 st Avenue, Delray Beach, Florida 33444 (the "City"). WITNESSETH: WHEREAS, the City is the owner of certain real property situated in the County of Palm Beach, State of Florida ("the Property"), more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference; and WHEREAS, Church is the owner of the property more particularly described in Exhibit "B", which is attached hereto and incorporated herein by reference; and WHEREAS, the City wishes to make provisions for Church's use of twenty-one (21) of the parking spaces located on the property described in Exhibit "A"; and WHEREAS, Section 4.6.9(E)(4) and (5) of the City's Land Development Regulations require the execution of this agreement in order for the off-site parking to be p~rmitted; and WHEREAS, it is the desire of the City and Church to each operate and maintain their respective properties with the use of the twenty-one (21) parking spaces as depicted on Exhibit "C" for their mutual benefits. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the City and Church hereby agree as follows: 1. The recitations set forth above are incorporated as if fully set forth herein. 2. City hereby grants to Church the right to use and occupy twenty-one (21 ) parking spaces on the City's property for parking, including, but not limited to, the right of ingress and egress to said twenty-one (21 ) parking spaces. The twenty-one (21 ) parking spaces are indicated on Exhibit "C" attached hereto. 3. The City and Church hereby agree as follows: A. The twenty-one (21) parking spaces may be used by Church for its patrons when City Hall is closed and there are no other special events that are occurring in which the parking lot as shown in Exhibit "A" is used. B. The City and Church shall maintain the parking spaces in a neat, clean and sanitary condition, free from all garbage, trash, litter and debris. The City shall provide whatever maintenance is required thereon, including, but not limited to asphalt repair or repaying, and painting lines thereon to clearly mark the parking spaces. C. In the event the City ever sells, transfers, or otherwise disposes of the property described on Exhibit "A", it is agreed that the twenty-one (21) parking spaces referred to in subsection A above shall either be provided elsewhere by Church in accordance with the regulations pertaining to parking which exist at the time of transfer, sale or disposal referred to above, or Church shall compensate for the loss of parking spaces by the payment of the in-lieu parking fee in accordance with City codes, regulations or other requirements which exist at the time of transfer, sale or disposal, subject to City approval. 4. This Agreement shall not be terminated, altered, limited, changed or modified unless in writing, signed by all of the parties hereto. This Agreement shall be binding upon, and run to the benefit of, each party, its successors, assigns, or heirs, as the case may be. This Agreement may be enforced by any of the parties hereto. 5. This Agreement shall be recorded, the expense of recording to be borne by Church. In the event this Agreement is ever revised, Church shall bear the expense of recording said revision. 6. Church will save and hold harmless the City, its agents and employees from and against any and all expenses, damages, claims, suits, actions, claims, judgments and cost whatsoever, including reasonable attorney's fees, arising out of, or in any way connected with 2 actions or omissions of Church, its managers, officers, agents, employees, customers and patrons as a result of the activities contemplated herein. 7. Church will be responsible for providing security for its patrons. Church acknowledges that the City is not undertaking the provision of security for the parking lot when in use by Church, its officers, employees, customers, patrons or invitees. 8. During the term of this License, Church will name the City as an additional insured under its comprehensive public liability policy. The policy will have limits of not less than $1,000,000/$2,000,000 and shall not be cancelable without 30 days advance notice to the City. Renewals of insurance shall be made before the expiration of existing policies. Proof of insurance, in a form acceptable to the City's insurance consultant, shall be delivered to the City before Church attempts to make use of the spaces. 9. In the event this Agreement causes either the area of the parking spaces, or the City's parent tract to be placed on the tax rolls, Church agrees to immediately pay the resulting taxes so imposed. 10. In return for the use of the parking spaces, Church waives all rights to recover from the City for any damages caused by negligence of the City, its agems or employees. IN WITNESS WHEREOF, the parties hereto have execmed these presents and affixed their sales hereto as of the day and year first above written. WITNESSES: Print Name: HOUSE OF GOD STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instmmentwas acknowledged before me this 2001, by produced ATTEST: By: City Clerk · day of _~[~,?,~, ..T/[/~?,y 7"~ ytat-9, , who is personally known to me/or who has !~1-,4. !~. ti c .~T'- ~,o '.~,la~f~r,~,~-~ identification ~d who did take ~ oath. .~*~'~ ~ S~2~,,. ~ ~ ~ . __ . ~- ~. ....... ~. ~ . Signat ;o ot y P biic- State ~* ~ ).. ~ ~. ~ of Florida ~-.~ ~-~ CITY OF DEL~Y BEACH, FLO~DA David Sc~idt, Mayor Approved as to Form: /~,, City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of , 2001, by ., who is personally known to me/or who has produced as identification and who did take an oath. Signature of Notary Public - State of Florida NW MARTIN I, LUTHER ST FIRE S TA TION NO t 5RD ST KING JR DRIVI N W 2ND ST ATLANTIC i I STADIUM POLICE COMPLEX SOU TH COUNTY COUP, HOUS_ CITY A TTORNE Y BUILDING NE <~ Z N E 15T OLD SCHOOL SQUARE AVENUE s w 1ST ST S E 15T ST N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ~ ~-HURCH CWNEC PRC, PERTY ~ SITY C. WNEE F RSt:'ERTY HOUSE OF GOD OFF-SITE PARKING AGREEMENT -- OI¢ITAL ~4SE 1~l,4F SYSTEM -- MAP REF LMS80 Exhibit A Exhibit B Church parking allowed in these areas. ~f'IN:~A¥ Exhibit C I:ITY OF DELRI:iY BEI:II:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: March 27, 2002 MEMORANDUM Writer's Direct Line 561/243-7091 TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Agreement with FEC Railway on N.E. 4th Street Crossinq The attached Agreement is between the City and FEC Railway and provides for the construction and maintenance of the railroad crossing and crossing signals at N.E. 4th Street. The crossing at N.E. 4th Street will be expanded from 34' to 54' along with a pedestrian crossing. The City will pay for the cost of the installation of the signals, $177,640.00, and the cost of the road crossing, $54,000.00, for this street. The City will also pay an annual maintenance cost for the signals in the amount of $2,820.00. The City will also be responsible for any road crossing maintenance cost as may be incurred by FEC. By copy of this memo to David Harden, our office requests that this item be placed on the April 2, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer LICENSE AGREEMENT THIS LICENSE AGREEMENT, effective as of the __ day of ,2002, is between the FLORIDA EAST COAST RAILWAY, L.L.C. (Address: P. O. Drawer 1048, St. Augustine, Florida 32085), a Limited Liability Company, hereinafter called "RAILWAY" and the CITY of DELRAY BEACH, a political subdivision of the State of Florida, hereinafter called "CITY." WITNESSETH: That the RAILWAY, in consideration of the covenants and conditions hereinafter set forth to be performed and kept by the CITY, hereby permits the CITY to construct, use, maintain, repair, renew and ultimately remove an at-grade public road crossing across and over the tracks, fight of way and property of RAILWAY, at the RAILWAY'S Milepost MP 315 + 5,167', more particularly described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "CROSSING SITE": The CROSSING SITE includes any railroad crossing warning signs, crossing surfaces and automatic crossing warning devices which are, or might be, located within or adjacent to the above-described location, provided that, the construction of the CROSSING SITE shall be done by RAILWAY as provided in this License Agreement ("Agreement") and further provided that, notwithstanding rights to the CiTY granted herein, RAILWAY reserves the fight to perform all work required on RAILWAY'S property including construction, drainage, lighting and vegetation management, in which event CITY shall pay the RAILWAY the entire cost and expense of labor, materials and equipment furnished by RAILWAY in performing such work. Page 1 The status of the CITY is that ora licensee and not lessee, granting the CITY the right to use the CROSSING SITE as specified herein. In consideration of the granting of this Agreement by the RAILWAY, the CITY covenants and agrees with the RAILWAY as follows: 1. The CROSSING SITE shall be used for public at-grade road crossing purposes only and no utility, including telecommunications facilities, pipes, wires, cables; or other line or structure shall be placed in, on or over the CROSSING SITE without the previous consent in writing of the RAILWAY. CITY further agrees that it will at all times keep the CROSSING SITE, together with the additional portions of the RAILWAY'S right-of-way within 325 feet of the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation or other growth greater than two (2) feet in height on each side of the tracks at the sole expense of the CITY and without cost to RAILWAY or lien upon RAILWAY'S property. 2. This Agreement is for an initial term of one (1) year and shall continue in effect thereafter from year to year, subject to termination by the RAILWAY or CITY upon sixty (60) days prior written notice. 3. The provisions and stipulations of this Agreement are a part of the consideration of the licensing of the CROSSING SITE, and in the event the CITY shall fail to comply with any of the covenants and conditions, then, at the option of the RAILWAY, this Agreement shall be terminated with full legal rights and remedies retained by the RAILWAY, including but not limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so. 4. The CITY shall grant forthwith to the RAILWAY necessary permits for the installation, construction, erection, repair and maintenance of any of the RAILWAY-owned or maintained facilities described in this Agreement. If the CITY fails to promptly grant the Page 2 RAILWAY necessary permits, CITY shall bear all additional expense incurred by the RAILWAY attributable to such failure, including costs due to slow ordering of trains. CITY shall promptly pay such amounts upon billing by the RAILWAY. 5. Unless otherwise specified, the cost of installation, construction, maintenance and replacement of all facilities at the CROSSING SITE, including but not limited to the crossing structure and railroad and highway devices, whether performed by the CITY or RAILWAY, shall be the sole responsibility of the CITY. 6. The RAILWAY shall install the warning devices, including the fixed signs, flashing lights, bells and gates (collectively the "WARNING DEVICES"), at the CROSSING SITE at the sole cost of the CITY. The WARNING DEVICES are a Type IV Class Ili installation as defined in the Florida Department of Transportation Schedule of Signal Installations by Type and Class attached hereto as Exhibit C. Installation costs are estimated to be $168,820.00 as shown on the estimates for signal installation attached hereto as Exhibit B and incorporated by reference. In addition, CITY shall pay unto RAILWAY annually, the annual cost of maintenance of said WARNING DEVICES as provided in the Florida Department of Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. The WARNING DEVICES will be owned by the RAILWAY and shall remain at the CROSSING SITE until the RAILWAY decides that they are no longer needed or should be replaced, or until other legal requirements are imposed which shall eliminate or substantially change their operations. Page 3 7. The RAILWAY shall replace the existing 44' wide Type T-modified grade crossing structure with a 54' wide Concrete grade crossing surface (the "SURFACE') along with other improvements as shown on the drawing, attached hereto as part of Exhibit A, in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Index No. 560, as may be amended, at the sole cost of CITY. Installation costs are estimated to be $54,000.00 as shown on the estimates for crossing installation attached hereto as Exhibit B and incorporated by reference. When the RAILWAY determines that the replacement of the new SURFACE is more economical than its continued maintenance, the RAILWAY shall have the exclusive option to replace the SURFACE with a comparable or improved structure. The replacement costs of the new SURFACE shall be the sole responsibility of the CITY. The CITY shall, at its sole expense, maintain and replace the remainder of the road inside the RAILWAY'S fight-of-way, plus any paving which may be located between the ends of the ties. The RAILWAY shall provide a construction watchman at said CROSSING SITE while work is being performed by the CITY under the provisions of this Agreement, at the sole expense of the CITY. 8. The CITY agrees, acknowledges and understands that the RAILWAY reserves the fight to make any changes at any future time in its existing tracks or other facilities, including the installation, maintenance and operation of any additional track or tracks or other facilities on its right-of-way at the CROSSING SITE. The CITY agrees to bear the total expense of any changes or additions to the pavement and traffic signal devices, the SURFACE, the WARNING DEVICES or other railroad signalization equipment or new structure at the CROSSING SITE, whether these changes or additions are required by law or order of any public or judicial authority, done voluntarily by the RAILWAY, or requested by the CITY. Page 4 9. The CITY agrees that it will install, maintain and replace all necessary drainage facilities to prevent the accumulation of surface water due to the existence of the CROSSING SITE. Such facilities must first be approved by the RAILWAY and any governing bodies having jurisdiction thereof and operation of the facilities shall also be subject at all time to their approval. An additional license agreement may be required by the RAILWAY, depending upon the location of such drainage facilities and type, size, depth and other specifications of the proposed facilities, as submitted to the RAILWAY. 10. Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covering illumination of road crossing shall be installed, maintained and replaced at or near this CROSSING SITE by and at the sole cost of CITY. 11. The CITY further covenants to pay the RAILWAY, within thirty (30) days after presentation of the same, all bills submitted by Railway including maintenance bills as set forth in Paragraph 6 above and all bills for electricity for the lighting and illumination of the CROSSING SITE if same are provided by Railway. 12. At the termination of this Agreement for any cause, or upon termination of the CITY'S use of the CROSSING SITE as herein described, all rights of the CITY shall terminate and the CITY shall remove, under the RAILWAY'S supervision and direction, at CITY'S entire cost and expense, said road and all non-RAILWAY-owned improvements placed upon the RAILWAY'S right-of-way and restore the ground to its original condition. 13. The CITY shall indemnify, defend and hold harmless RAILWAY for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the CROSSING SITE arising out of the existence of the CROSSING SITE. Page 5 14. The CITY shall not in any way, or at any time, interfere with or obstruct RAILWAY'S fight-of-way, the movement of RAILWAY'S trains and other railroad operations, or interfere with the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assigns, invitees, lessees or licensees. 15. The CITY acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the CITY to recover damages set forth in such statute for injury or loss of property, personal injury, or death caused by the negligence or wrongful act or omission of an employee of CITY while acting within the scope of the employee's office or employment under circumstances in which CITY, if a private person, would be liable under general laws of this State. The CITY will include in any contract which it may let for the whole or part of said work to be performed hereunder by or for the CITY, each and every one of the terms and conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST RAILWAY COMPANY AND INSURANCE REQUIREMENTS" attached hereto and made a part hereof as Exhibit D. 16. (a) CITY, at its own cost and expense, when performing any work in connection with the CROSSING SITE shall request RAILWAY to furnish any necessary construction watchmen for the protection of RAILWAY'S employees, property and train operations. RAILWAY shall be notified at least one (1) week in advance of the performance of any work in connection with the CROSSING SITE. (b) In addition to, but not in limitation of any of the foregoing provisions, if at any time RAILWAY should deem it necessary to place construction watchmen for the protection of any person or property, during the construction, maintenance, repair, alteration, renewal, or removal at the CROSSING SITE, RAILWAY shall have the right to place such construction watchmen, or other persons at the sole cost and expense of the CITY. Upon receipt of a bill from RAILWAY, CITY shall promptly pay RAILWAY the full cost and expense of such construction watchmen. The furnishing or failure to furnish construction watchmen, or other persons by the RAILWAY under this paragraph, however, shall not release CITY from any and all other liabilities assumed by CITY under the terms of this Agreement, including its obligations under Paragraph 15 hereof. The CITY shall give the RAILWAY one (1) week's advance written notice when it or its contractor or anyone claiming under this Agreement proposes to enter upon the CROSSING SITE to perform work under this Agreement in order that proper warning may be provided for trains. In emergency situations CITY shall give the RAILWAY telephonic notice. The CITY further agrees that at all times its personnel or agents are on the property of the RAILWAY, they will be accompanied by a RAILWAY representative and any cost involved will be borne by the CITY. 17. After the SURFACE and WARNING DEVICES have been installed and all other work to be performed by the RAILWAY under this Agreement has been completed and found to be in satisfactory working order by the RAILWAY, the RAILWAY shall furnish to the CITY an invoice showing the final total cost of material, labor and equipment furnished by the RAILWAY, in accordance with the estimate of said cost to the CITY to be $222,820.00 as set forth in Exhibit B and CITY shall pay such invoice no later than thirty (30) days from the date thereof. 18. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching the CROSSING SITE shall be the sole responsibility and cost of the CITY, and at its sole expense. 19. The CITY shall promptly pay RAILWAY all charges for replacement, repair or otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of the date of invoice. Failure to promptly pay to RAILWAY amounts billed as due under this Agreement shall constitute default by the CITY. 20. The CITY hereby acknowledges that it has been notified that its personnel will or may be working in an area containing active fiber-optic transmission cable as well as other cables and other facilities. 21. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenfomeable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 22. This Agreement will be governed by the laws of the State of Florida. It constitutes the complete and exclusive statement of the Agreement between the parties which supersedes all proposals, oral or written, and all other communications between the parties related to the subject matter of this Agreement. Any future change or modification of this Agreement must be in writing and signed by both parties. 23. It is understood by and between the respective parties hereto that this License Agreement cancels and supersedes any other License Agreement between the RAILWAY and any other entity. IN WITNESS WHEREOF, the RAILWAY and the CITY have caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicated the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed, sealed and FLORIDA EAST COAST RAILWAY, L.L.C., Delivered in the presence of: a Limited Liability Company By: (Seal) ATTEST: Witnesses as to Railway DATE: Assistant Secretary Witnesses as to CITY CITY OF DELRAY BEACH, a political subdivision of the State of Florida By: Title: Attest: Title: Date: Page 9 LICENSE AREA October 6, 1999 File: 315/39/5,167' N. E. 8th STREET - MP 315+5,167' - FDOT # 272488T A PARCEL OF LAND WITH UNIFORM WIDTH OF ONE HUNDRED (100) FEET NORTHERLY AND SOUTHERLY AND EXTENDING EASTERLY AND WESTERLY ACROSS THE RIGHT-OF-WAY AND MAIN TRACKS OF THE RAILWAY AT N. E. 8TH STREET IN DELRAY BEACH, FLORIDA, WITH LONGITUDINAL CENTER LINE OF SAID PARCEL LOCATED FIVE THOUSAND ONE HUNDRED SIXTY SEVEN FEET (5,167) FEET SOUTHERLY FROM THE RAILWAY'S MILE POST NO. 315 AS MEASURED FROM JACKSONVILLE, FLORIDA, SAID RIGHT-OF-WAY OF THE RAILWAY HAVING A TOTAL WIDTH OF ONE HUNDRED (100) FEET AT THIS LOCATION, BEING FIFTY (50) FEET IN WIDTH ON THE EAST AND WEST SIDE OF THE CENTERLINE OF THE MAIN TRACK, ALL AS SHOWN ON THE ATTACHED DRAWING NO. 01-D-261, DATED SEPTEMBER 21, 1999, HAVING A REVISION DATE OF OCTOBER 3, 1999, ATTACHED HERETO AND MADE A PART HEREOF. EXHIBIT "A" NC). TO JACKSDNVILLE 5 U. 50.00' 1 ,-~ Z Z Z FLORIDA ~AST COAST RAILWAY COMPANY SAINT AUGUSTINE, FLORIDA DELRAY BEACH: WIDEN EXISTING CROSSING TO 54' AND ADD 5' SIDEWALK No E. 8TH STREET, MILEPOST 315+5,167' AAR/DOT # 272488T FILE: 315139/5,167' 03/18/02 14 28 CROSSING DESCRIPTION New Length of Crossing Surface: Number of Tracks Length of Track Panel PAVING DESCRIPTION 54 Tf Width (Across Road) 1 Ea Length (Along Road) 94 Tf Projected Lffi 58 Ft 80 Ft 3 In AGREEMENT DESCRIPTION Responsible Party' City Agreement Date. Division of Responstbdity Encase Ftber Optic Cable Ctty Maintenance of Traffic City Crossing Surface City Track Materials City Track Construenon City Pavmg City GANG DESCRIPTION 4 Ft Lauderdale Section 15 Ft Lauderdale Smoothing 1 Crane I Loader COST RECAPITULATION Track & Civil Work Item - Labgr Eqmpment Material Contract Encase Fiber Optic Cable n/a Wa n/a 4,800 00 Mobilization/Material Consolidation 1,695 72 1,200 24 n/a n/a Construct Track Panel 855.94 432.3 l 7,8 [ 7.70 n/a Maintenance of Traffic/Polic~ Protecuon n/a n/a n/a 2,800.00 Remove Crossing Surface 174.13 128.94 Wa Wa Remove/Replace Track/Crossing Structure 1,590 11 1,446 34 n/a n/a Line & Surface Track 851 82 857.58 2,795.60 n/a Replace Crossing Surface 276 55 204 79 11,905 08 n/a Place Asphalt t68.50 28.45 n/a 11,310 00 Demobtlizat~on/Site Cleanup 469 00 0 00 n/a n/a Totals. 6,081.75 4,298 65 22,518 38 18,910.00 Salvage I0 00% Responsnble Credit Contingency Total Party n/a 500 00 5,300.00 City n/a 304.04 3,200 00 City n/a 994 05 10,100.00 Ctty n/a 300.00 3, lO0 O0 City (324.00) (79 07) (100 00) City (2,730 20) 93 76 400.00 City n/a 495 00 5,000.00 City n/a 1,313.58 13,700 O0 C~ty n/a 1,193.06 12,700.00 City n/a 131 00 600.00 City (3,054 20) 5,245.42 54,000.00 TOTAL TRACK & CML PROJECT COST: TOTAL SIGNAL IMPROVEMENT PROJECT COST: TOTAL PROJECT COSTS: TOTAL COST TO BE BORNE BY FEC: TOTAL COST TO BE BORNE BY CITY: $54,000.00 168,820.00 $222,820.00 0.00 $222,820.00 1,000.00 S/Ft FLORIDA EAST COAST RAILMAY OFFICE OF THE ~ MANAGER OF SI(H~ALS AND CO~/JNICATIONS DATE: 03/18/02 FILE: 10.2 TYPE: IV CLASS: III NO. OF DAYS: 10 AAR / DOT #: 272488T MILE POST: 315 + 5167' Project Type: FDOT ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT N. E. 8th STREET. This estimate should be consIdered void after one (1) year. MATERIAL UNIT COST UNITS GATE ASSEMBLIES $6,539.00 3 EA. GATES $500.00 3 EA. GATE FOUNDATIONS $575.00 3 EA. ADDITIONAL FLASHING LIGHT ASSEMBLIES $1,168.00 1 EA. CANTILEVERS 30' $10,621.00 1 EA. CANTILEVER FOUNDATIONS $3,200.00 1EA. WIRED CASE, 3AB & HXP3 $38,063.00 1EA. BATTERY BOX $675.00 1EA. BATTERIES, SAFT SPL250 $212.00 30 EA. MISC. GROUND MATERIAL $1,555.62 1 PKG. CONDUIT & DIRECTIONAL BORE $45.00 80 FT. CABLE $3,500.00 1 PKG. MISCELLANEOUS RELAY EQUIPM~_NT $1,120.00 1 PKG. POWER SERVICE $900.00 1 EA. MONITORING EQUIPMENT $6,355.00 1 PKG. SANITATION & DISPOSAL $1,500.00 1 PKG. FREIGHT & HANDLING TAX @ 6.5% TOTAL MATERIALS TOTAL COST $19,617.00 $1,500.00 $1,725.00 $1,168.00 $10,621.00 $3,200.00 $38,063.00 $675.00 $6,360.00 $1,555 62 $3,600 00 $3,500 00 $1,120 00 $900 00 $6,355 00 $1,500 00 $14,994 00 $~.497.00 $122,950.62 EXCAVATING EQUIPMENT PER DAY EQUIPMENT RENTAL PER DAY FOREMAN'S TRUCK PER DAY GANG TRUCK PER DAY SUPERVISORS TRUCK PER DAY EQUIPMENT TOTAL $181.00 10 DAYS $125.00 10 DAYS $35.00 10 DAYS $63.00 10 DAYS $35.00 10 DAYS $1,810.00 $1,250.00 $350.00 $630.00 $350.00 $4,390.00 ENGINEERING $6,500.00 1 S6.500.00 $6,500.00 CONSTRUCTION SUPERVISION LABOR ADDITIVE Sbm~u~VISIO~ TOTAL $274.00 10 DAYS $1.526.00 $4,266.00 LABOR PER DAY NUMBER OF DAYS LABOR ADDITIVE TOTAL LABOR GANG EXPENSES PER DAY .NUMBER OF DAYS TOTAL ~%NGEXPENSES $1,082.50 10 $553.00 10 $10,825.00 $6.317.00 $17,142.00 $5,530.00 SUB-TOTAL CONTINGENCIES 5% $160,778.62 $8,039.00 TOTAL $168,820.00 2T2488t-RV1 FLORIDA DEPARTMENT OF TRANSPORTATION Listed Below am signal installations by type and class: FLASHING SIGNALS - ONE TRACK Type = 1, Class = 1 FLASHING SIGNALS - MULTIPLE TRACKS Type = 1, Class = 2 FLASHING SIGNALS AND CANTILEVER - ONE TRACK Type = 2, Class = 1 FLASHING SIGNALS AND CANTILEVERS - MULTIPLE TRACKS Type = 2, Class = 2 FLASHING SIGNALS AND GATE - ONE TRACK Type = 3, Class = 3 FLASHING SIGNALS AND GATE - MULTIPLE TRACKS Type = 3, Class = 4 FLASHING SIGNALS AND GATE WITH CANTILEVER - ONE TRACK Type = 4, Class = 3 FLASHING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS Type = 4, Class = 4 TYPE OF TRAFFIC CONTROL DEVICES Flashing signals Flashing signals with cantilevers Flashing signals with gate Flashing signals with cantilevers & gate CLASS OF TRAFFIC CONTROL DEVICES Flashing signals - one track Flashing signals - multiple track Flashing signals & gates - one track Flashing signals & gates - multiple track Exhibit "C" FDOT-Type-Class.doc SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* II III IV Flashing Signals - One Track Flashing Signals - Multiple Tracks Flashing Signals and Gates - One Track Flashing Signals and Gates - Multiple Tracks $1,870.00 $2,474.00 $2,820,00 $3,540.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE: 14-46.002 Responsibility for the Cost of Automatic Highway Grade Traffic Control Devices F. A. RULE EFFECTIVE DATE: GENERAL AUTHORITY: July 22, 1982 334.044. F. S. SPECIFIC LAW IMPLEMENTED: 335.144.F.S. *This schedule was effective July 1, 2001, and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. EXHIBIT "C" INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.C. AND INSURANCE REQUIREMENTS The Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify, defend and save harmless the Florida East Coast Railway, L.L.C from and against all judgrnents, and all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations of the Contractor, or any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contract, including any such Costs arising from the death, bodily injury or personal injury of, as follows: Of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East Coast Railway, L.L.C., employees and officers of materialmen, employees and officers of the Contractor, employees and officers of all subcontractors, and from loss damage, injury and loss of use of any real or personal property (a) in which Florida East Coast Railway Company has any ownership interest, and (b) personal property in the custody of Florida East Coast Railway Company under any transportation contracts; includirig without limitation upon the generality of the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the contents of the same. In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall procure and keep in effect comprehensive general liability insurance in the limits of $5,000,000.00 each occurrence for bodily injury or death and $3,000,000.00 property damage each occurrence with a $5,000,000 aggregate covering all obligations of Contractor to indemnify the Railway by Contractual Assumed Liability Endorsement, with all railroad exclusives removed. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid, Railroad Protective Liability Policies insuring the Railway directly as insured against losses and damages with the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman's Compensation Insurance Policy as required in the State of Florida. All such insurance, directly or indirectly for the benefit of the Railway, shall be in a form satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurance company authorized to do business in the State of Florida that has a "Best's" rating of A or A+ and a financial category size of Class XII or higher. EXHIBIT "D" MF_. kIORANDUM TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski~...Assistant City Manager SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING MARCH 19~ 2002 APPROVAL OF LICENSE - AGREEMENT - FUTBOL MASTERS~ INC. DATE: March 12, 2002 Action City Commission is requested to approve a license agreement with Futbol Masters, Inc. for use of the Tennis Center and other City facilities for a Pro Celebrity Soccer Classic to be held on January 10-12, 2003. Background Attached is a proposed agreement with Futbol Masters, Inc. for exclusive use of the Tennis Center and Stadium for Futbol Masters Pro Celebrity Classic to be held on January 10-12, 2003. The agreement is similar to other agreements for use of the Tennis Center and Stadium. Highlights of the agreement are as follows: · Futbol Masters, Inc. will be responsible for staging, production, management, promotion, and advertising the event. · Futbol Masters, Inc. will be responsible for all concessions. · Futbol Masters, Inc. will pay facility rent and will pay costs for utilities, clean up, Police and Fire overtime, as well as private security. · The City will provide signage and barricading assistance as well as make parking lots available for the event. This is a three (3) day soccer event. Dates and times are as follows: Friday, January l0th 7:30 p.m. to 10:30 p.m. Saturday, January 11th 11:00 p.m. to 4:00 p.m. Sunday, January 12~ 1:00 p.m. to 4:00 p.m. This term of the agreement is for three (3) years. Estimated City staff overtime costs are $7,150. The event sponsors estimate attendance at 6,000 to 8,000 per day. Attached is an estimate of revenue and expenses for this event exclusive of City overtime costs. This is a new event proposed for the Tennis Center and Stadium. Recommendation Staff recommends approval of the proposed license agreement with Futbol Masters, Inc. for Futbol Masters Pro Celebrity Classic to be held on January 10-12, 2003. RAB:tas CCi Brahm Dubin Barbara Garito File u sweeney/events Doc Futbol Masters, Inc 2003 Futbol Masters Pro-Celebrity Soccer Classic January 10-12, 2003 Estimated Income & Expenses Income Rent Facility Fee (10,000 people @ $1.00) Utilities Trash Removal Clean-up (Stadium, site, bathrooms) City Electrician Facility Supervision $ 5,000 $ 10,000 $ 500 $ 500 $ 1,500 $ 750 $ 1,500 $ 19,750 Expenses City Electrician $ 750 Restroom supplies $ 100 On & offsite signage $ 500 Trash Removal $ 500 Labor $ 2,500 Misc. $ 500 $ 4,850 Estimated Net Profit $ 14,900 Police and Fire are additional costs to be paid entirely by the promoter. LICENSE AGREEMENT THIS AGREEMENT made this ~ day of ,200_ by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "City") and FUTBOL MASTERS LTD., an International Business Corporation registered in the Commonwealth of the Bahamas (hereinafter referred to as "Licensee"). WITNESSETH: WHEREAS, City owns and controls certain land upon which is located the Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and WHEREAS, Licensee is owned and operated by several of the most revered futbol/soccer players in the history of the game; and WHEREAS, Licensee is an "official" Global Ambassador to the International Committee to the Red Cross, "for the relief of children that have been victims of war"; and WHEREAS, Licensee intends to donate a percentage of its proceeds from events and activities to charities and philanthropic foundations; and WHEREAS, City has determined that it is in the public interest to enter into an agreement with Licensee for the event at the Tennis Center. NOW, THEREFORE, it is mutually agreed as follows: 1. License/Term. (a) Licensee has presented to the City that it would like to use the Tennis Stadium and accessways thereto (Tennis Center) for the sole purpose of presenting the event known as "Futbol Masters Pro-Celebrity Soccer Classic" (hereinafter referred to as the Event). The License shall be for the non-exclusive use of the Tennis Center for the event beginning on Friday, January 10, 2003 and ending on Sunday January 12, 2003. Licensee shall be allowed to move in on January 8, 2003 after 12:00 p.m. and shall be completely moved out by January 14, 2003 at 6:00 p.m. (b) The term of this agreement shall be for a three (3) year period commencing upon the execution of this agreement and extending until the conclusion of the Event in 2005, however in no event shall this agreement extend beyond February 1, 2005, unless by written amendment by both parties. Licensee has the right in any one year to not hold the Event and the City has the right in any one year to cancel the Event. If either party decides to not hold or cancel the Event the other party may then terminate this agreement as it pertains to any remaining years on the agreement. The party wishing to cancel the Event must give the other party notice 270 days prior to the Event if it determines that it will cancel the Event for a particular year. The Event shall be held in January in 2004 and 2005 with a date certain to be determined by both parties that is mutually acceptable. 2. purpose. The parties agree that Licensee shall promote and produce the Event in a manner which complies with community standards and appeals to the interest of the general public, and use its best efforts to promote this Event at the Tennis Center. Licensee, at its sole cost and expense, shall provide management and personnel experienced in the promotion and production of the Event and for the purpose of supervising and directing Licensee's obligations under this agreement. 3. Licensee's Rights for the Event. Licensee shall have authority, subject to the provisions and limitations set forth in this agreement, to enter into contracts or agreements to put on the Event. All-such contracts shall be negotiated and executed by Licensee in its name and shall not be contracts and obligations of City. All contracts entered into by Licensee shall specifically contain language which provides that City is not a party to such agreement and is not obligated in any manner by any of the terms therein. The Licensee's rights are subject to the rights and limitations and obligations that currently exist between the City and Coca-Cola of Florida. 4. Facilities and Services Provided bv City. Unless otherwise herein specified, City shall be responsible for, or agrees to provide, the following facilities and production assistance in connection with the conduct of and staging of the Event: (a) (b) (c) (d) use of a stadium court; television tower and platform and all necessary electricity to provide power to the tower and platform throughout the Event; a public address system; parking for boxholders, players, sponsors, ticketholders, press, staff, and volunteers in which the City, in its sole discretion, has the right to allow Licensee to charge for such parking. The sharing of gross revenues shall be mutually agreed upon by both parties prior to the start of the Event in order for Licensee to be able to charge for parking. (Licensee to implement, manage and staff parking, including reserved areas); 2 (e) (f) (g) (h) (i) (j) (k) (1) (m) (n) (o) (P) (q) (r) all electrical, water and sewer utilities and one on-site electrician (all costs and expenses are Licensee's responsibility) for the duration of the Event (hook-ups not included); adequate space for and operation of concessions, retail booths, etc. (Licensee shall place and operate the concessions and retain all revenues from its concessions and retail booths); restroom facilities and supplies; additional courts for pro-am, clinics, etc., as mutually agreed; the use of areas for celebrities, press, press interview, volunteers, officials, ticket office, and VIP hospitality and the use of locker rooms, as mutually agreed. Areas should include tables, chairs, furniture and air conditioning, as mutually agreed; on and off-site directional signage; all necessary permits; mutually agreed upon marketing support of the Event; access to utilities to include but not be limited to water/sewer, electric/lighting; reasonable use of the locker room at the Community Center; reasonable use of the gymnasium at the Community Center; one male and one female maintenance personnel to maintain and clean the restrooms as well as garbage pickup during and post event (Licensee shall be responsible for cost of personnel); personnel to assist with issues involving the Tennis Center during the Event (Licensee shall be responsible for cost of personnel); garbage dumpsters (Licensee shall be responsible for cost of dumpsters). 5. Staging and Production of the Event. The organization, staging, and conduct of the Event will be the responsibility of the Licensee, which responsibilities shall include the following: (a) handling ticket and box office sales; (b) (c) (d) (e) (g) (h) Obtaining an Event Director, all personnel involved in the Event, and the Event participants; Administering the entire Event; Setting up each Event on-site and handling all activities of the Event, including set up and tear down of the soccer playing surface; Soliciting sponsorship sales and television rights sales for the Event; Handling promotions, advertising, sales, public relations, and program production for the Event; Liaising with the charity beneficiaries selected by Licensee for the Event; Licensee is responsible for the cost of covering courts as set forth in Paragraph 7 if VIP tents are to be set up or if needed to cover courts used for contents; (i) Licensee shall pay for all expenses relating to phone usage by Licensee, including, but not limited to, hook-up, dial tone, and usage charges; (J) Licensee shall handle and be responsible for all security measures concerning the Event, including but not limited to, the box office and ticket sales. 6. Ticketmaster. (a) City, or its designee, shall provide the box office on January 10, 2003 from 9:30 a.m. until 8:00 p.m. on January 12, 2003 and one (1) Ticketmaster ticketing machine. The City has entered into an exclusive agreement with Ticketmaster-Florida, Inc. which provides that all tickets must be purchased through Ticketmaster. Furthermore, nothing in this Agreement shall be contrary to any provision in the agreement between the City and Ticketmaster-Florida, if it is determined by a court of competent jurisdiction that any provision of this Agreement is contrary to any provision of the agreement between the City and Ticketmaster-Florida, then the provisions found in the agreement between the City and Ticketmaster-Florida shall govern. (b) In full payment for the ticket services, Licensee agrees to City imposing a three percent (3.0%) charge against ticket proceeds where such proceeds are generated through credit card sales and five cents ($.05) per ticket for ticket stock. Licensee agrees to the City collecting a facility charge as set forth in Exhibit "A" per ticket sold for the Event. City acknowledges that no other amounts will be charged to Licensee (other than payment of state sales tax) for ticketing for the Event. 4 (c) City shall pay ninety percent (90%) of all amounts due to Licensee within five (5) working days after the City receives a check from Ticketmaster-Florida, Inc. City shall pay the balance of the remaining ten percent (10%) to Licensee within 60 days after the completion of the Event, less amounts for which refunds have been issued. If Licensee fails to hold the Event as scheduled, Licensee shall be responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation or rescheduling, up to the face amount of the ticket price per ticket purchased and refunded plus any additional credit card fees that may be imposed. 7. Installation of Flooring or other Surface Material. The CITY shall provide, at Licensee's option, up to 10,000 square feet of temporary flooring for the Event at a cost of $.35 per square foot. If more than 10,000 square feet of flooring is required by Licensee, then Licensee shall pay all costs involved in obtaining such additional flooring and for all costs of installation of the additional flooring. Licensee shall be liable for damage to the courts if such court covering is in place and if the courts are damaged by persons or events that Licensee has a duty to control. If Licensee wishes to install another type of surface material over the courts, Licensee must first obtain the consent of the City. Such consent may be withheld by the City in its sole discretion. Licensee shall be responsible to the City for any and all damage that occurs to the courts as a result of the installation/removal of the surface material or Event activities taking place on the surface material. 8. Independent Contractor Status. It is understood between the parties that the relationship of City and Licensee is that of an independent contractor. Licensee shall have no authority to employ any person as an employee or agent on behalf of the City for any purpose. Neither Licensee or any person engaging in any work relating to Licensee's rights and obligations set forth herein at the request of or with the consent (whether actual or implied) of Licensee shall be deemed an employee or agent of City, nor shall any such person represent himself to others as an employee or agent of City. Should any person indicate to Licensee or any employee or agent of Licensee, by written or oral communication to Licensee, that the person believes Licensee or an employee or agent of Licensee to be an employee or agent of City, Licensee shall use its best efforts to correct or cause its employee or agent to correct that belief. 9. Compliance with Licensing Requirements. Licensee, prior to commencement of any activities pursuant to the provisions of this agreement, shall comply with applicable federal, state, county and City requirements, laws, rules and regulations and all licensing requirements and receive all necessary permissions, permits, approvals and licenses which are required to perform the activities of producer and promoter as set forth herein. 10. Compliance with Laws. Licensee agrees to comply with all applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin or disability. 11. Concession Rights. The Licensee has the sole and exclusive right to sell or give away food and beverages and any and all other consumables, and to control the concessions referred to above and to approve the sale or give away of the above. Licensee shall not have the right and shall not offer for sale or give away any items reserved to Coca-Cola of Florida by Agreement with the City, nor shall this License confer any rights to revenues for public or private parking, except as provided for in Paragraph 4(d). Licensee, its agents or assigns, shall have the limited right to engage in concessions with regard to merchandise. All concessions must be approved 48 hours in advance of scheduled Event by the City or its designee. The City reserves the right to reject the sale of any and all concessions 48 hours before the Event. However, in no event shall the sale of any facsimile of any weapon, silly string, poppers or any similar item be allowed. (This provision may also be enforced by the City Police Department). In addition, Licensee may provide temporary structures at its own expense, tbr the sale of concession items provided that the size, construction and location of such temporary structures shall not impede the normal and safe flow of vehicular and pedestrian traffic and shall comply with all applicable laws and regulations. In providing the merchandise concession service, Licensee or any person, firm or corporation with whom a contract for such purpose (hereinafter referred as "Concessionaire") shall comply with the following provisions provided, however, that Licensee shall remain ultimately responsible to City for all obligations required of the Concessionaire: (a) Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. (b) Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the City shall cause undue litter. (c) All food, confections, beverages and refreshments, etc. sold or kept for sale shall be first class and quality, wholesome and pure, and in accordance with Department of Health requirements and shall conform to all federal, state, county and municipal laws, ordinances, rules and regulations in all respects. (d) Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to City for approval at least one week prior to installation of any items. For the purpose of this agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. (e) The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. (f) Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or City, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by City. All state health laws and state health department regulations must be strictly complied with. All janitorial ser~ ices necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. (g) Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. (h) - If the concession is operated by a person, firm or corporation other than Licensee, such person, firm or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (10) days written notice to the Risk Manager of City and shall name City, and its designee, its officers, agents and employees as additional insureds. 12. Event Personnel and Equipment. Licensee shall provide all personnel needed for the Event, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. Licensee shall be responsible for the installation or removal of any additional staging or sound and/or lighting which is to be utilized for the Event or any other equipment of any type or nature which is needed for the Event. Licensee shall designate a management representative in a timely manner who will coordinate the Event with the City and its designee. Licensee shall be responsible for the costs of City employees such as, but not limited to, a City electrician as may be required for the event. Licensee shall be responsible tbr the cost of all chair rentals that may be required and the cost of all staging, lighting and sound equipment, except as otherwise stated in this Agreement.. Licensee shall be responsible for the cost of all 7 repairs needed to the tennis center when repairs are not the result of normal wear and tear. Licensee and the City's designee shall perform a "walk through" before and after the Event. 13. Police~ Security and Emergency. Personnel. Licensee agrees to make arrangements with the City Police Department and City's designee to provide for City police personnel which the City determines, in its sole discretion, is necessary for the Event. Licensee shall pay the officers at a rate to be determined by the City based on an analysis of the number of officers available to work the event, the number of officers required by the event and other factors within the sole discretion of the City. Licensee shall, at least thirty (30) days prior to the Event, consult with the Chief of Police or his designee and the City's designee to determine the proper scheduling of security for the Event and the rate that will be applicable for the Event. Also, Licensee shall contact the City Fire Department and the City's designee to make arrangements for Emergency Medical Service personnel to be present at the Event at Licensee's expense. 14. Cit3i's Right to Control Premises. City or its designee at all times reserves the right to eject or caused to be ejected from the premises any person or persons violating (or to keep persons from violating) any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither the City, its designee nor of any its officers, agents or employees shall be liable in any manner to Licensee or its officers, agents or employees for any damages which may be sustained by Licensee through the exercise of this right by City or its designee. 15. Parking and Signage. The City shall provide parking spaces on City owned or controlled property for the Event which the City in its sole discretion determines it can make available without adversely impacting other public parking needs. The provision of available public and private parking and parking revenues is subject to the City's reserved rights in all concessions including parking. Licensee shall be responsible for obtaining all additional parking that may be necessary to provide sufficient parking for the Event, including such additional parking as may be necessary in the opinion of the City, in order to ensure adequate parking is provided for the Event. City has a right to parking revenue as determined by Paragraph 4(d), if collected. Licensee may provide onsite signage upon the prior approval of the City, which approval shall not be unreasonably withheld. 8 16. Insurance. Licensee shall obtain insurance at its own cost and expense of the type, nature, and amount and pursuant to the terms which are set forth on Exhibit "B" which is attached hereto and incorporated herein by reference. The City and ~ts designee shall be named additional insureds on all insurance certificates. 17. Right to Enter. City and its designee and authorized agents and employees shall have the right to enter upon the subject premises at any and all reasonable times for the purpose of inspection and observation of Licensee's operation to assure that requirements of this agreement are upheld and that no violations of the rules, statutes, ordinances or regulations have occurred or are occurring. Said inspections may be made by persons identified to Licensee as City employees or City designees authorized for such inspection or may be made by independent contractors engaged by City or its designee. Nothing contained herein shall be deemed a waiver of Licensee's obligation to hold the Event as provided in this Agreement. 18. Conclusion of Performance. All performances shall end no later than 11:00 P.M. unless otherwise approved by the City, or its designee. 19. Alterations. Licensee shall not make any alterations, additions or improvements to the Tennis Center or any part thereof without the prior approval of City or its designee. 20. Notice of Defects. Licensee shall report safety deficiencies or any defects it notices on the premises immediately to Cityts Risk Manager and the City's designee and shall cooperate fully with City and its designee in the investigation of accidents incurring on the subject premises. 21. Indemnification. Licensee does hereby release and agree to indemnify, defend, save, and hold harmless the City, its designees, officers, agents and employees from and against all claims, actions, causes of action, demand, judgments, costs, expenses, and all damages of every kind in nature incurred by or on behalf of any corporation, person, or governmental authority, whatsoever predicated upon injury or death of any person or loss over damaged property of whatsoever ownership, or copyright infringement arising out of or connected with, directly or indirectly, Licensee's operation pursuant to the terms of this agreement, whether or not the incident giving rise to the injury, death, loss or damage occurs within or without the premises. 22. Release. Licensee acknowledges and agrees that City, its designee, officers, agents and employees assume no responsibility whatsoever for any property placed in the 9 premises provided for herein and City, its designee, officers, agents and employees are expressly released and discharged from any and all liability for any loss, injury, damage, theft, vandalism or other wrongful acts or acts of any kind or nature resulting in damage or loss to persons or property which may sustained by Licensee's use of the premises. Licensee further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply, equipment or wires furnished tbr the premises or by reason of any loss or impairment of light, current, or water supply which may occur from time to time for any cause, or by reason of any loss or damage sustained by Licensee resulting from fire, water, hurricane, tornado, civil commotion, riot, theft or other acts of God, and Licensee hereby expressly waives all right, claims and demands and forever releases and discharges City, its designee, officers, agents and employees from any and all demands, claims, actions and causes of actions arising from any of the causes aforesaid. 23. Taxes. Licensee shall pay any and all taxes levied on the property by reason of Licensee's use thereof pursuant to the provisions of this Agreement and on any personal property and improvements belonging to License located on the premises and all applicable sales, use, rental and other taxes which may be levied against its operation. 24. License; Fees. (a) Licensee shall pay to City for the rights and privileges granted herein Five Thousand Dollars ($5,000.00) plus state sales tax and all taxes as referenced above for the use of the Tennis Center for the Event. One-half of the payment is due upon Licensee signing this Agreement and the balance is due seventy-two (72) hours before the date and time of the scheduled Event. All payments shall be in the form of a cashiers check. These fees are in addition to any other fees or reimbursements of whatever nature required or provided under this Agreement. The license fees paid by Licensee to City shall be forfeited if the Event is cancelled by Licensee. The City shall reimburse the Licensee the deposited money in the instance where the City might cancel the Agreement prior to the date of the Event. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. 10 (b) Licensee shall pay to the City the costs as referred to in Sections 4(e), (p), (q) and (r) in the amount of Four Thousand Seven Hundred and Fifty Dollars ($4,750.00) at least 72 hours prior to the start of the Event. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. (c) Licensee shall pay for all police and fire personnel provided by the City for the Event. The City shall provide an estimate of the cost to Licensee and Licensee shall pay one half of the estimated cost to the City at least 72 hours prior to the start of the Event. Licensee shall pay the remaining half of the estimated cost to the City within 48 hours of the conclusion of the Event. Within 5 business days of receiving the final bill from the City for such services Licensee shall pay any remaining balance to the City or the City shall refund any amount that was paid over the final cost. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. (d) Licensee shall pay the facility charge as provided in Paragraph 6(b) and set forth in Exhibit "A", within 48 hours of the conclusion of the Event. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. 25. Tennis Center Capacity and Complimentary Tickets. Licensee shall not admit to the Tennis Center a larger number of persons than the approved capacity it will safely accommodate. City shall receive thirty (30) admission tickets at no charge. The location of the thirty (30) ticketed seats shall be mutually agreed upon and the tickets shall be received by the City prior to the public sale date. 26. Advertisin~ Revenue. Licensee shall be entitled to retain all advertising and sponsorship revenues generated by advertisers or sponsors of the Event promoted by Licensee at the Tennis Center; provided, however that the City and its designee have the right to approve all advertising and its location, and to retain all advertising and sponsorship revenues generated by the City and its designee. 27. Failure to Pay. Other than the payments referred to in Paragraph 24 which are to be paid as provided in Paragraph 24, if Licensee neglects to make any other payments to City Il within ten (10) business days after the day on which the payment is due and owing, Licensee shall pay to City for such privilege, an additional charge of Twenty-Five ($25.00) Dollars per day for each day's delay in payment, retroactive to and beginning with the first day of the delinquency or the City may assess interest at 12% whichever is greater. City's right to assess the penalties for payment made later than the day upon which payment is due and to keep all deposits in the event of cancellation, shall be in addition to its right to terminate the license and its rights to seek all other damages and compensation as permitted by law. 28. Accounting and Right to Audit. Licensee shall provide a complete accounting of all revenues that the City has rights to receive a portion of, in conjunction with the Event, in accordance with generally accepted accounting principals, when payment is tendered to the City. City. shall have the right to audit and review Licensee's financial records as they relate to or pertain to the Event. 29. Waiver of Breach. Neither the waiver by City or its designee of any breach of the Agreement, condition or provision of this Agreement or the failure of City or its designee to seek redress for violation of or to insist upon strict performance of, any agreement, condition or provision, shall be considered a waiver of the Agreement, condition or provision, or any subsequent breach of any Agreement, condition or provision. No provision of this Agreement may be waived except by written agreement signed by the City and Licensee. 30. Deposit. Upon agreement by the parties, Licensee shall deposit with the City some form of security acceptable to the City to cover the cost of refunding tickets for Events. The security shall be a certified or cashier's check payable to City or a bond executed by a surety or sureties approved by City, naming City as principal and City as obligee, or other security acceptable to the City. The security shall be conditioned upon the faithful performance by Licensee of all of the terms of this Agreement and may also be used to refund ticket sales for the event which did not occur, and such portion as may be due shall be returned to Licensee at the termination of this Agreement, so long as Licensee was not responsible for damages to the Tennis Center, normal wear and tear excepted. 31. Controlling Law. This agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. 12 32. Entire Al~reement. This Agreement constitutes the entire agreement between City and Licensee and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 33. Force Majeure~ Strikes and Unavoidable Causes. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 34. Sublicense and Assignment. Licensee shall not sublicense the subject premises or any part thereof or allow the same to be used or occupied by any person or for any other use than that herein specified, nor assign said Agreement nor transfer, assign or in any manner convey any of the rights or privileges herein granted without the written consent of City. Neither this Agreement nor the rights herein granted shall be assignable or transferable by any process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy either voluntary or involuntary or receivership proceedings. 35. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the tbllowing addresses: City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Licensee: Futbol Masters 2200 N. Federal Highway, Suite 228 Boca Raton, Florida 33431 13 Either party may at any time by giving ten (10) days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 36. City's Name/Logo The City shall have its name/logo included in all print, radio, and television advertising created by Licensee to promote the Event. 37. Subtitles and Captions. Paragraph headings are for reference purposes only and in the event that such paragraph headings conflict with any of the substantive paragraphs of this Agreement, the paragraph headings shall be disregarded. 38. City's Designee. For the purpose of this Agreement, the City's designee shall be JCD Sports Group, Inc. or its designee, unless the City notifies Licensee to the contrary. 39. This Agreement is not effective until signed by the Mayor. 14 ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: (Name printed or, t~l~e~ IN WITNESS WHEREOF, the parties hereto have caused this agreemem to be executed by their proper officials on the day and year first above written. CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor (Name printed or typed) StAt,', (Name printed or typed) FEI No. The foregoing,~ instrumentg,.e,, was ac~n~o~owledged before me this ~J day of ~&~ , 200___~ by ¥~ ~e.~ , as_ ~ w--f- 1~----~'t (name of officer or agent, title of officer or agent), of ~'rc,~-~o~ ~,0-$[c~'~ , ,~¥ck (name of corporation acknowledging), a (state or place of incorporation) corporation. ~n behalf of the corporation. He/She is personally known to me or has produced VL ~3r L2J'~.'~- SS~-sq - (type ofidentificatkm) as identificatio ~ Signa(..~re of Person Taking Acknowledgment Name Typed, Printed or Stamped 15 EXHIBIT "A" Facility Charge (Ticketmaster) Charge per ticket as follows' Ticket Price Charge $10 & under $ .25 $11 - $15 $ .50 $16 & over $1.00 EXHIBIT B Initials INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH FOR AGREEMENT WITH FUTBOL MASTERS LTD. FUTBOL MASTERS LTD. ("FML") shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (56 I) 243-7150. The following insurance coverage shall be required. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. FML further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. Bo Comprehensive commercial general liability insurance to include coverage for premis_es and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contractual relationship and activities being done under this agreement. The policy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. The insurance will be written on an occurrence basis with the limits of liability not less than $2,000,000.00 combined single limit per occurrence, and as an annual aggregate, covering bodily injury, property damage and personal injury. Motor Vehicle Liability Insurance covering all vehicles associated with FML operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. Do The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in cover.age, non- renewal or cancellation. FML shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, thirty (30) days prior to the holding of the event. If so requested by the City, certified copies of insurance policies will be provided by FML. If any of the above coverages expire during the term of this agreement, FML will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. Ist Avenue, Delray Beach, Florida 33444. 03/20/200~ 11:37 5612652752 DUBIN & ASSOCIATES PAC.~ 0~ 2200 N. Fed~.l Highway, Suite 22~ - ~ IRaton, FL 33431 - Phone: 954-632-~0~} · Fax: 86f-3~32 w w w , F u ! b o I M a ~ t e r s ~ o m FutbolMasters Pro-Celebrity Soccer Classic Delray Beach Tennis Center 83/28/2882 11:37 5612652752 DUBIN & ASSOCIATES PAGE 83 ilUT lBO L. FutbolMastersT Pro.Celebrity Soccer Classic 3 Day Event and Activities: Delray Beach Tennis Center (As per template of Chris Evert Pm-Celebrity Tennis Classic ) Potential FutbolMastersT" Participating Pale Elias Figueroa Euseblo Teofllo Cubillas Carlos Alberto Paulo Cesar Carpeglan] Roberto Rlvelllno George Weah Zlco Romario Sergio Goycochea Osvaldo Ardillas Falcao Jairzinho Dungs Bebeto Shep Messing Warner Roth Rick Davis Franz Be=kenbauer Gerd Muller Johan Cruyff Gordon Banks Kevin Keegan Oeoq~e Best Sir Bobby Charlton Sir Geoff Hurst Ronaldo RIvaldo Roberto Carlos Memo Etcheverry Carlo Valderrama Alext Lalas Eric Wynalda Tab Ramos Brian McBdde Chris Henderson Hristo Stoitchkov 03/28/2002 11:37 5612652752 DUBIN & ASSOCIATES PAGE 04 Potential Soccer Personalities Ray Hudson Seamus Malln Ty Keogh Craig Minervini Eric Eichmann Tommy Mulroy Potential Celebrity Soccer Players Andrew Shue - Melrose Place Adrian Paul - Highlander Ethan Zohn - Survivor III (Africa) Champion Rod Stewart Mick Jagger Julio Egleslas Kom - Rock Band Garo Yupremlan - '72 Dolphins Olindo Mare - Dolphins Hakeem Olajuwon John McEnroe Boris Backer Ivan Lendl Andrea Jaeger Cobi Jones - US National Team Landon Donovan - US National Team Mia Hamm Mlchelle Akers Brandi Chastain Julia Foudy Krlstine Lilly Sun Wen Potential Guests of Honor Dr. Henry Klssinger Alan Rothenberg - Chairman WC94 USA Dr. Joao Havelange - Former President of FIFA Honorary Chairman of FutbolMastersTM 83/28/2882 11:37 5B12B52752 DUBIN & ASSOCIATES PA~ 85 FutbolMastersT" Pro.Celebrity Soccer Classic Event Format 8 Teams (6 players per team) FRIDAY GAME8 (GROUP 1) SATURDAY GAMES (GROUP 2) The eight teams will make up 2 groups of 4 teams. Each team In both groups will play each other once. The first round matches will each be (2) 15 rain, halves with a 5 rain, break between halves and 15 rain, between games, Total time required to complete each group will be: 4hrs, 45min. GROUP Team A Team B Team C Team O 1 (6 games to complete round robin of the group) GROUP Team E Team F Team G Team H 2 (6 games to ~omplete round robin of the group) SUNDAY GAMES The top 2 teams from each group will play in 2 Semi-Final Games, with the losers playing for 3~d Place and the winners playing for the Championship. (4 games total) The semi-final games and Championship round will be (2) 20 mtn. halves with a 10 min. break between halves and 15 min. between games. Total time required to complete these games will be: 3hrs, 50min. SPECIAL ACTIVITIES Reception/Press Conference Black Tie Gala - Memorabilia Auction Pro-Celebrity- Amateur Event FutbolMasters Pass-Trap-Shoot Skills Competition Kids Clinic Coaches Seminar Autograph/Photo Sessions 03/2012002 11:37 5612652752 DUBIN & A$$OCIATE~ PAGE 86 FutbolMastersTM INI'RODUCI'ION, OVERVIEW~ AND ~TRATEGIC PERSPECTIVE · FutbolMastersTM is a team, a tour, a "live" event/match/celebration, an intemet experience, a dub, a sports entertainment property, a brand and a company. · The FutbolMastersTM Club Is The World's First Global Futbol Club. INTRODUCTION: Futbol, Futebol, Fussbol, Foo~all, or Soccer is the only organized / administered universal sports activity throughout the entire world, More than 25 million players are registered with FIFA in over 200 countries and this number represents an estimated 3 to 10 percent of the over 200 million active participants. Over 4.0 billion spectators paid admissions to attend futbol matches worldwide in 2000. An estimated 10 billion viewers watched the 1994 USANVodd Cup on television with an estimated 12 billion viewers tuning into the most recent World Cup France 98. Over $2.5 billion (U,S,)was spent on futbol sponsorships in 1994. The 1996 combined global futbol industry revenues is estimated to exceed $225 billion dollars (U.S.). Futbol is without a doubt the single most popular sport in the world and its growth in the developing nations of Afdca, Asia and South America is unparalleled. However, as with all aspects of life In a dynamk~ and growing world, futbol faces interesting challenges as it approached the new millennium including, but not limited to...exorbitant income of top players, the average cost to attend premier matches, to many games, extended schedules, over exposure, spectator safety and hooliganism. Interestingly enough with all its history, glory and superlatives surrounding the worlds most beloved sport, futbol does not have a global club, Until now, FutbolMasters: fulbolmaetem.com 83/28/2882 11:37 5B12B52752 DUBIN & ASSOCIATES PAGE 87 The mission of the <;ompany is to serve as a unique ambassadorial marketing property to enhance the goodwill of the world's most popular sport through its greatest star players. The company has invested in the intellectual property value of its symbols, designs and Iogos, domain names, copyrights and brand personality as a source of income through licensing, royalties and rights to use these company owned assets. FutbolMastersTM is positioned to commence an active market development program to introduce its Founders, its Club. its Team, its Tour/Events, its e-commerce and its vertically integrated sport marketing program to the wodd of futbol. The company has developed a comprehensive approach of using its team, tour/events, web sites, and club to promote global products and services, identities and brand images. Q: What la FutbolMaatemm? A: The core concept was to create the Worlds First Global Futbol Club by bringing together the greatest futbol (soccer) players ever to play the game, and present them to a worldwide audience in a series (annual global tour) of events, celebrations and festivities intended to provide major "live" spectator and television audience exposure through competitive exhibition games from which, a portion of the proceeds are donated to the Intemational Committee to the Red Cross/Crescent (ICRC) with marketing opportunities for sponsoring corporations at the local (national/association), regional (continental/confederation) and global (worldwide/FlFA) level. Q: What I~ the Futholll~atemTM tom'? A: The tou_..[r is Intended to create goodwill, a sense of fellowship, warmth, affection, esteem and Joy, by visiting various countries/cities/markets around the world as well as making a contribution to the children of the wodd who are "victims of war" through the International Committee to the Red Cross/Red Crescent. FutbolMastemTM is a living, dribbling, passing, shooting and playing hall of fame; where all of the wodd's greatest futbol icons are members of the same club/fratemity. FutbolMmltemTM is not Just e few All Slam, fading legends or even an occasional Dream Team... It's The World's Team...Global Amba,,adom to ~'he. Beaut!ful_~ame" 03/20/2002 11:37 5612652752 DUBIN & ASSOCIATES PASE 08 What 18 FutbolMi~terl~M? The Hi,tory FutbolMastemTM are the greatest players of their generation. Legends such as Sir Stanley Matthews, Bobby Charlton, and Gordon Banks of England, Danny Blanchflower of Northern Ireland, Just Fonatine of Franoe, Alfredo DI Stefano of Argentina and Spain, Ferenc Puskas of Hungary and Lev Yeshin of Russia became the premier stars of the modem game. These futbol icons changed the game through unique Individual talents, skills, longevity and team leadership. Each in their own way oould take over and individually dominate a match, in turn having a profound Impact on its result. Surely these great players, amongst others represent all of the affdbutes and qualities of a FutbolMaster, During the 1960's and 70% a new generation of FutbolMastarsTM stepped to the center of the world stage and literally changed the globe's most popular sport. Offensive brilliance like Pale of Brazil, Johan Cruyff of Holland and Eusebio of Portugal found hundreds of ways to score goals whether with speed, acrobatics, athleticism or power. Strikers like Gerd Muller of Germany and Kevin Keegan of England used balance, space, work ethic and natural "nose for the ball" to create goals under any situation or condition. Mldflelders like Teofllo "Nene" Cubillas of Peru, George Best of Northern Ireland, Wolfgang Overarth of Germany and Roberto Riveliino of Brazil orchestrated the flow, beauty, transition and pace of a game to become seamless and total In concept. Sweepers like Franz Beckenbauer of Germany and three time South Amedcan Player of the Year Elias Flgueroa of Chile anchored and enforced the back, yet revolutionized the game with the unique skills, vision and liberated freedom to attack at will. Goalkeepers such as Pat Jennings of Northern Ireland, Dlno Zoff of Italy and Ladislao Mazurklewicz of Uruguay transformed the secudty of the Net through speed, anticipation, height and unparalleled courage. Each of these gifted Individuals contributed to the popularization of futbol and changed the game through their individual force. Some of these great players lead their countrys' national teams to win FIFA's Wodd Cup while others won team, club, league and confederation championships as well as other notable honors. The Founders and Board of Directors have issued invitations to a carefully- selected group of players throughout the wodd from the "Golden Age" of futbol. A formal presentation of all FutbolMastersTM club members will be made at our soon to be announced global press conference from Red Cross House in Geneva, Switzerland. 03/20/2002 11:37 5612652752 DUBIN & ASSOCIATES PAGE 09 President/CEO: Mr. Elias Figueroa- Chile Elias Figuema Brander was bom October 25, 1946 in Valparaiso, Chile. Because of his elegance and presence on the pitch, Figuema received the proud nickname "Don Elias", which he Is known as throughout the world. Don Elias is the ONLY player voted South Amedcan "Footballer of the Year" 3 consecutive times, 1974, 1975 and 1976. Captain of the Chilean National Team at WC'66, WC'74 and WC'82 he was voted 'Best Defender"of the 1974 Championships. Elias Figueroa was voted "Best Player in the World" 1976. Voted Chilean "best player of all time" and in 1998 "Don Elias" was selected to the South American "11 of the Century". Elias currently works as a joumalist, TV commentator, technical director and futbol c, linician/coach. In Y2K, Flgueroa, along with Teofilo Cubillas of Peru and Eusebio da Silva Ferreira of Portugal, founded FutbolMastersTM, a Global Ambassadorship for "The Beautiful Game". Vice President: Mr. Teofilo Cub#las - Peru Teofllo Cubillas Arizaga, known affectionately throughout the world as "Nene" was bom March 8, 1949 at Puente Piedra near Lima, Peru, Nene's professional career started at age 16 with Alianza de Lima and he has long been associated with this premier Peruvian club. He earned 117 caps and scored 47 goals for the Peruvian National Team. He is the 6th all-time leading scorer in World Cup history with 10 goals, scoring 5 goals each In WC?0 and WC'78. Nene was voted South American "Footbailer of the Year" 1972, and NASL "Midfielder of the Year" 1981. Currently Nene works as a TV commentator and a futbol clinician in the USA and Peru. In 1999 Cubillas was appointed Minister of Sport for his native Peru, as well as being selected to the South American "11 of the Century". In Y2K, Cubillas, along with Elias Figueroa of Chile and Eusabio da Silva Ferreira of Portugal, founded FutbolMastersTM, a Global Ambassadorship for "The Beautiful Game". 03/20/2002 li:37 5612552752 I)UBIN & ASSOCIATES PAGE Vice President: Mr. Euaeblo da 81h'a Ferrelre Euseblo da Silva Ferreiro was bom Januan/25, 1942 in Lourenco Marques, Mozambique and is the first groat African footballer. Eusebio was voted European "Footballer of the Year" in 1965 and European 'Golden Boot" winner in 1968 and 1973. Between 1961 and 1973 Eusebio lead SL Benflca to the Potuguese League title 7 times and won the scoring title 7 times. He was the Golden Boot winner at WC'66, scoring 9 goals as Portugal finished 3rd. This is where he received his famed nickname, "The Black Panther". Eusebio scored 38 goals in 46 International appearances for Portugal. In 1976 he won the NASL Championship with Toronto Metros Croatia. Eusebio was selected to the European "11 of the Century" In t988, Fans around the world took Eusebio to their hearts not only because of his ability, but because of the sportmanslike way he played "the peoples game". Currently Euseblo is a member of Benflcas coaching staff, is the President of a coalition committee for the awareness and relief for the flood victims of his native Mozambique and is the "face" of Euro 2004, to be hosted by Portugal. In Y2K, Eusebio, along with Elias Figueroa of Chile and Teofilo Cubillas of Peru, founded FutbolMastersTM, a Global Ambassadorship for 'q'he Beautiful Game". Vice Preeldent: Mr. Carlos Alberto Torres - Brasil Carlos Alberto secured his own place in futbol legend at the 1970 World Cup finals. Not only was he captain of the Brasillan team which achieved a historic third World Cup triumph, a team that most historians consider to be the greatest of all time, but he put the seal on a glorious achievement with a thrilling fourth and final goal in the 4-1 defeat of Italy In the Estadio Aztece In Mexico City. Carlos Alberto began his professional career in the juniors of Fluminense in Rio de Janiero - winning his first league title in 1964 when "Flu" broke Botafogo's three year grip on the Carioca Championship. That same year he made his National Team debut in a 5-1 win over England at Marac, ana. In 1965 he joined Pale at Santos, helping them collect a hat-trick of Sao Paulo league titles, but just missed out on selection for the 1966 World Cup squad. In 1970, however, there was no question that Carlos Alberto was not only the best right back in Brasll, but the best tn the world. He later went on to play for Botafogo and Fluminense again before helping Pale launch the American soc, c, er dream at the Cosmos of New York in the mid-1970's. Carlos Alberto is now coaching in the Braslllan First Division and is a respected TV commentator/personality In his native Brasil. 03/20/2002 11:37 5512552752 DUBIN & ASSOCIATES PAGE 11 Vice President: Mr. Shep Meealng - New York, USA Shep Messing Is Chairman of the Board and Chief Executive Officer of Paragon Sports Group and has been so since Its inception. He is also a director, member and Vice President of FutbolMasters"4. Shep is a 1972 graduate of Harvard University, where he was an Ail-American In soccer. Considered to be the premier American soccer player of his era, the 1970's and 1980's, Shep was the goalkeeper for the U.S. Pan-American Team, the U,S. Olympic Team, the U.S. National Team and the wodd renowned New York Cosmos of the NASL (with Pale, Carlos Alberto, Franz Beckenbauer and Georgio Chinaglia). Shep has been Inducted into the New York State Sports Hall of Fame end was recently nominated for induction into the U.S. Soccer Hall of Fame. He plak, ed professionally for eighteen years and has sewed as President of Soccer Enterprises, his own company, since 1977. With twenty-four years of soccer business background, Shep has gained an array of experience tn television, movies, books, videos, endorsements and international television commercials. He has worked as a commentator/analyst for Anheuser-Busch Bud Sports, MISL games, Ali-Star (3ames, WC'82 and WC'86 global broadcasts and has had exposure on and made numerous appearances on Network TV .... ABC, NBC, CBS, Live at Five, Good Morning America and Hollywood Squares, Shep currently handles the tv color commentary for the NY/NJ Metro Stars of Major League Soccer (MLS). Director of Operations: Mr. Stephen Leighton - Boca Raton, USA Steve Leighton Is an accomplished futbol player, dinidan and coach and is a recognized expert in the history, organization, administration and management of fUtbol programs, properties, and events. Steve is a graduate of the Clemson University School of Architecture and has practiced architecture in Florida and North Carolina. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~.~-REGI, ILAR MEETING OF APRIL 2, 2002 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST MARCH 29, 2002 This is before the Commission for approval of two (2) subsidy awards to eligible applicants/families under the Delray Beach Renaissance Program for the following properties: · $19,125.00 for NW 11t~ Avenue (New Construction) · $18,000 for NW 13~ Avenue (New Construction) This brings the total to 137-homeowner assistance grants provided under the City Renaissance Program. Funding for the total amount of $37,125.00 for these two (2) subsidy awards is available from 118-1924-554-83.01 (SHIP Program). Recommend approval of the funding subsidies under Dekay Beach Renaissance Program as outlined above. S:\C~ty Clerk\chevelle folder\agenda memos\Remussance Program.04.02.02 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kenneth L. Thomas, Community Development Administrator ~' Lula Butler, Community Improvement Director ~/~ March 27 2002 Delray Beach Renaissance Program Subsidy Requests ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidies to two (2) eligible applicants/families under the Delray Beach Renaissance Program. This subsidy brings the total to 137 homeownership assistance grants provided under the city Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. The initial agreement was extended for a term of one year in 1999 and 2000 by all partners and the City Commission. A new Memorandum of Understanding beginning October 1, 2001 through September 30, 2004 was approved by all parties and the City Commission on February 19, 2002. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATION Staff is recommending City Commission approval to fund subsidies for two (2) eligible applicants/families of the following properties: New Construction New Construction xxx NW 11th Avenue xxx NW 13th Avenue $19,125 $18,000 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 67.00 NAME Julia P. Haye PROPERTY ADDRESS xxx NW 11th Avenue~ Delray Beach (12-43-46-17-27-002-0030) LEGAL DESCRPTION Lot 3, Block 2, Pinecrest Subdivision % OF AREA MEDIAN HOUSEHOLD INCOME 56% FIRST MORTGAGE RATE 6.25% LTV 88.32% PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION COST OF LOT COST OF EXISTING UNIT Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) TOTAL TRANSACTION: FIRST MORTGAGE TOTAL SUBSIDY Second Mortgage $. 15,625.00 Developer's Fee .$ 3,500.00 $ 78,900.00 $ 14,000.00 $ 3,500.00 $ 1,461.75 $ 4,348.84 $ 102~210.59 $ 79,400.00 $ 19,125.00 THIRD MORTGAGE OTHER CREDITS Estimated Cash To/From Borrower (Lender 1003) $ 1,650.00 $ 2,035.59 NO. IN HOUSEHOLD 1._L. Republic Bank C~ty of Delray Beach SHIP FHLS-FHP Grant '"> ~ POMPEY I < < PARK t N.W. 2Ni iST. I~ 'ARTIN LUTHER JR, DR VE S W. 1 ST ST -- ~ ~ ~ I 2 , ~- S W. 2~ XXX PLaNNiNG ~ Z~ING DEPAR~ENT --- D/~ITA~ ~SE ~ S~M -- ~ 'ARTIN DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 67.00 NAME Bernard and Angela Wright, Jr. PROPERTY ADDRESS xxx NW 13th Avenue, Delray Beach (12-43-46-17-28-001-0190) LEGAL DESCRPTION Lot 19, Block 10dmanns Subdivision % OF AREA MEDIAN HOUSEHOLD INCOME 74% FIRST MORTGAGE RATE 6.25% LTV 88.32% PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION COST OF LOT COST OF DEVELOPER'S FEE Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) TOTAL TRANSACTION: FIRST MORTGAGE TOTAL SUBSIDY Second Mortgage $ 14,500.00 Developer's Fee $ 3,500.00 $ 98,500.00 $ 11,900.00 $ 3,500.00 $ $ 4,623.00 $ 118,523.00 $ 97,500.00 $ 18,000.00 THIRD MORTGAGE OTHER CREDITS Estimated Cash To/From Borrower (Lender 1003) 500.00 $ 2,523.00 NO. IN HOUSEHOLD 4__ Community Financing Consortium C~ty of Delray Beach (SHIP) Lot Deposit POMPEY PARK N W 2ND ST. MARTIN F I I 1ST ATLANTIC s.w. 1ST GA TEWA Y MINI PARKS I S W, 2ND AVENUE ST. ST. N CITY OIr DEI. RAY BEACH, FL PLANNING & ZONING DEPARTMENT XXX NW 13TH AVENUE PCN: 12-43-46-17-28-001-0190 -- DI~'ITAL BAS£ MAP SYSTEM -- Agenda Item No.: ~ AGENDA REQUEST Request to be placed on: x Regular Agenda ~ Special Agenda ~ Workshop Agenda __ Consent Agenda Date: March 25, 2002 When: April 2, 2002 Description of item: Authorization and approval to issue subsidies to two (2) eligible applicants under the Delray Beach Renaissance Program totaling $37,125.00 Note: These applicants bring the total homeownership assistance grants provided under the Renaissance Program to date to 137. Recommendation: Staff recommends approval of two (2) subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $37,125.00 Account Number: 118-1924-554.83-01 Department Head Signature: ~ ~~-~ ~ City Attorney Review/Recommendation (if apl31icable): Budget Director Review (required on all items involving expenditure of funds): v Funding Available: ~O FundingAltemative~6¢er 0~ ,c'"]Oi ~t/r~S (if applicable) AccountNo.&Description: j l ~L lqZq - 6~"~, 'l~-OI 07]~rr*,qq'5 Account Balance: ~ 3 g~ ~ > ~O~rJa ~ b4; d-,-/ City Manager Review: Approved for Agenda, S/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: TO: THRU: FROM: SUBJECT: CO .~HAR EN CI,'FY MANAGER oo., MEETING OF APRIL 2, 2002 SELECTION OF IMPLEMENTATION COMMITTEE FOR DOWNTOWN MASTER PLAN The City, CRA and the Village Foundation will continue to be partners during the implementation of the Master Plan. The Steering Committee is being transformed into an Implementation Committee that will remain active for three to five years. The Implementation Committee will be comprised of 21 of the 31 former Steering Committee members who were active in the project and who wish to continue to participate and 10 new members to ensure that Committee continues to represent the affected community. The mission of the Committee will be to oversee the implementation of the various projects that are recommended in the Master Plan. Committee members will assist in making decisions on project priorities or schedules. They will be advocates for the plan and when appropriate, will help to lobby governmental agencies, foundations and others on behalf of the plan. The Urban Designer, hired by the CRA in December, 2001 to assist in the implementation of the Master Plan, will be the lead staff for the Committee. Much of the committee's work will be done in sub-committees. Sub-committees are being created for the following project categories: · Gateway feature at Atlantic and 1-95. · Neighborhood parks and public open space. · Street modifications. · Infill housing. · Development of urban design guidelines. · Development of a marketing/promotion program 1. Jean Beer 12. Ken Howard 22. Angela Randolph 2. Joe Bernadel 13. Jon Levinson 23. Karlie Richardson 3. Barbara Brown 14. George Maso 24. Chuck Ridley 4. David Cook 15. Alberta McCarthy 25. Cynthia Ridley 5. Evelyn Dobson 16. Kevin McCarty 26. Marta San Martin 6. Perry DonFrancisco 17. Rich McGIoin 27. Kevin Warner 7. Gary Eliopoulos 18. Brenda Montague 28. Mike Weiner 8. Minnie Garcia 19. Bill Morris 29. Libby Wesley 9. Gertrude Green 20. Francisco Perez-Azua 30. Bill Wood 10. Tony Hamden 21. Jeff Perlman 31. Carolyn Zimmerman 11. Tim Hernandez By motion, approve the membership for the Downtown Master Plan Implementation Committee as recommended. [IT¥ DF DELRI:I¥ BEI:IgH DELRAY BEACH Ail-America City ~993 TO: 2001 FROM: David T. Harden, City Manager [RobertA. Barcinski, Assistant City Manager BEACH, FLORIDA 33444 SUBJECT: Agenda Item # City Commission Meeting April 2, 2002 Approval Special Event - Cinco De Mayo Fiesta DATE: March 26, 2002 561/243-7000 ACTION City Commission is requested to endorse the Cinco De Mayo Fiesta to be held on Saturday, May 4, 2002, from 11:00 a.m. - 10:00 p.m. at Old School Square to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of NE 1st Avenue on the north side of the grounds of Old School Square to the loading gate area and to authorize staff support for security, trash removal, and to consider a waiver of City overtime costs. BACKGROUND Attached is a request received from Peggy Murphy on behalf of Ms. Janie Rameriz, Chairperson of the Fiesta. Cinco De Mayo celebrates the date Mexican soldiers defeated the French at Puebla Mexico. This celebration is a party that represents freedom and liberty. The committee is composed of Hispanic residents of our City. The event will be held on the Old School Square site, and they are requesting partial closure of NE 1st Street. The committee will be responsible for clean-up, liability insurance, event management, and barricade set up. Police security will be provided at the overtime rate. The estimated cost for Police security is about $1,900. This event was held last year, and overtime costs were about $1,940. Attached is a copy of the event budget. Last years attendance was approximately 1,000 - 2,000 people; therefore Fire EMS assistance will not be needed on site. Since alcohol beverages will be sold we are recommending that the site be secured to contain alcohol consumption on site. City Public Works staff would install on Friday afternoon interlocking barricades on the east side of the site and we would also need Old School Square to close the walkway shutters on the west side of the courtyard. Staff barricade set up can be done on regular time. We also would require that all alcoholic beverages be served in paper or plastic cups, no bottles. P~lnted o~ Recycled Paper THE EFFORT ALWAYS MATTERS Cinco De Mayo Fiesta March 26, 2002 Page #2 RECOMMENDATION Staff recommends endorsement of the event, staff assistance for barricades set up and removal of trash from the site, providing Police security at the overtime rate, and waiver of overtime. Conditional on the receipt of the required liability insurance and hold harmless agreement, as well as, the conditions concerning site barricading and serving alcohol beverages in paper or plastic containers. RAB:tas File u:sweeney/event Doc:cinco de mayo 2002 School Square C U L T U R A L ARTS CENTER Old School Square, Inc. 51 North Swinton Ave. Delray Beach, Florida 33444 Phone (561) 243-7922 Fax (561) 243-7018 March 12, 2002 Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Re: Cinco de Mayo Festival - May 4, 2002 Dear Mr. Barcinski: The Cinco de Mayo Fiesta Committee has reserved the Old School Square Entertainment Pavilion and Grounds for the annual Cinco de Mayo Festival on Saturday, May 4, 2002, from 11:00am to 10:00pm. A copy of the event contract between Old School Square and Cinco de Mayo is attached. The following services are requested from the City: · Endorsement of this event by Delray Beach City Commission. · City provide support staff at no cost for the following: o police for security and traffic control o fire/ems presence as required o public works to provide signs announcing event at West Atlantic Avenue, Linton Blvd., and North and South Federal Highway o public works to provide event parking signs and barricades as necessary o parks and recreation to provide trash boxes and liners and trash removal. Event cormnittee will provide clema ap during event. · Waiver of noise ordinance. · Waiver of alcohol ordinance for OSS Grounds only. · Permission to block off street parking for vendor access on the north side of the OSS grounds on NE 1st Avenue to the OSS load in gate. No other street closure is requested. Access to CRA Block 76 parking lot will remain open on NE 1 st Avenue. An estimated budget for this event is attached. A Certificates of Liability Insurance naming the City of Delray Beach and Old School Square will be provided at least 15 days prior to the event City of Delray Beach - C~nco de Mayo Festival March 12, 2002 page 2 Because the Entertainment Pavilion and Concession area will be used, there is no need for a City stage or portolets to be brought onto the property. A site plan for the event will be provided. As a City endorsed event, the Cinco de Mayo Fiesta Committee will be granted the City discount for use of the Old School Square Entertainment Pavilion. If you need additional information, please let me know. Sinc, grfly, Director of Center Services pm enc. cc: Janie Ramirez, President Chaco de Mayo Fiesta Committee 2002 PROJECTIONS INCOME Beer and Soda T-Shirts Vendors Bingo Subtotal SPONSORSHIPS Corporate/Pdvate/Commu nity In-Kind Gifts TOTAL EXPENSES Production Site Rental Beer/Soda/Cups/Water/Toiletries T-Shirts Food for Volunteers Equipment Rental Subtotal TalentJEntartainment Band Fees DJ Fee Bounce House Decorations Donations Subtotal Marketing Newsprint Radio Promotional Printing Scholarships Subtotal Overhead Liability Insurance Licensing Office Supplies Meeting Expense Accounting Subtotal TOTAL EXPENSES $4,300 $250 $1,500 $250 $6,300 $4,000 $6,000 $16,300 $1,500 $1,600 $500 $20O $750 $4,550 $2,500 $300 $150 $250 $25O $3,450 $5,000 $1,250 $150 $1,000 $7,400 $1,000 $100 $50 $100 $5OO $1,750 $17,150 DIFFERENCE ($650) Hat 22 02 ]2:49p O]d School Square 5G]-243-?018 p. ! Old °el A II T $ C E N T ~ I~ FAX MEMORANDUM Date: March 22, 2002 To: Robert Barcinski, Assistant City Manager fax #: 243-7166 From: Peggy Murphy, Director of Center Service~rx~- Re: Cinco de Mayo - May 4, 2002 The following arc estimated costs for the Cinco de Mayo Festival to bc hcld on Saturday> Ma3, 4, 2002, from 11:00am to 10:00pm: Rental (discounted 70%) Mai ntcnance supply fee Stage Technicians: 2 techs x $20/hr x 14 hrs each 1 tech x $20/hr x 5 hrs $450.00 $ 50.00 $560.00 $100.00 TOTAL $1,160.00 The rental fee will cover the costs of Old School Square staff for security and maintenm~ce during the event. The maintenance supply fee is for supplies in the event bathroo]ns. The technician fees are estimated hours for sound, lights and stage manager during the event, including set up and break down. The light technician will not be needed during the day, so those hours are reflected from 6:00pm through break down. We do not anticipate the need to bring in any additional stage equipment for the entertainment planned. Please let me know if you have any questions. Thanks very much. pm total # of pages transmitted: Old School Square, Inc. 51 North Swinton Ave Delray Beach, Florida 33444 Phone (561) 243-7922 Fax (561) 243-7018 Mar 28 08 ]?t49p Old ~ch~l S~umre SG]-~43-?Oi8 p. 1 Old School Square FAX MI' MORANDI!M Dale March 77 2002 T¢ Robert Barcinski. Assistant City Manager From Peggy Murphy. Director of Center Service~ Re ( ,nc~ de Mayo May4, 2002 Thc lbllo,,vi~g arc estimated costs for the Cinco dc Mayo Fcstival to bc hcld on ~qnlnrtlav \4ax 4~ ')(}()2. ~'rom l l:00am to t0:00pm: (discotmtcd 70%) supply l'cc tnicians: techs x S20/hr x 14 hfs each x $20/hr x 5 hrs $450.00 $ 50.00 $56O.0O $100.00 T¢)TAL $1,160.00 The rental !'c,: will cover the costs of Old School Square staff for security and maintena:'~ce dm'ing the event. The maintenance supply fee is lbr supplies in the ex; chi bdo u~, m~.',. '1 hc tcchnicim~ fees are estimated hours lk>r sound, lights and singe ltlaD~q?! d~nqng lhe event, including sel up and break down. The light tcehn~ ,~,~ x~ il'. not be needed during the day. sc, those hours are reflected 6.00p~n th,,. tLt[}l break down. We do not anticipate thc need to bring in any ~ldtlll i~.tl ¢ ,t~td,' ..,inipment for thc entertainment planned. Please le~ mc know if you have any questions. Thanks very lnuch. p111 lolal ;'~ ol pages transmitted: Oki School Square, 51 North Swmton ,r)¢lray Beach, Florida 33444 Phone (561 ) 243- 7922 Fax f561 ) 243-7018 [ITY JIF DELRAY BE;IgH DELRAY BEACH AII-AmericaCity 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 - 561/243-7000 ®TO: David T. Harden, City Manager 1993 ~1~ 2001 FROM: obert A. garcinski, Assistant City Manager DATE: March 26, 2002 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 2, 2002 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for May 9, 2002 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, and NE 2nd Avenue from Atlantic Avenue to NE 2'd Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. BACK(IROUND Attached is a request for approval and City assistance for this event from Marjorie Fetter. The estimated overtime cost for this event is $7,700. City Commission has capped the amount the City would pay for overtime at $6,500. Actual overtime costs for January's event were $8,626. Due to budget constraints Ms. Ferrer is requesting waiver of all overtime costs. A copy of the hold harmless agreement, insurance certificate, and event budget is attached. This is not a new event, but the event area has again been expanded and will include a ribbon cutting ceremony for the street improvements on Atlantic Avenue west of Swinton Avenue as well as a band in the CRA office parking lot. No street closures west of Swinton Avenue will be needed. RECOMMElqDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use and set up of stages, and City barricades with an overtime cap of $6,500 (Ms. Ferrer has agreed to the overtime cap). RAB/tas cc: Lt. Geoff Williams Joe Weldon Harold Bellinger File:u sweeney/events Doc: Agenda Art and Jazz on the avenue 050902 THE EFFORT ALWAYS MATTERS Ptftlted on Recycled Paper March 7, 2002 Mr. Robed A. Barcinski City of Delray Beach 100 N W. 1st Avenue Delray Beach, FL 33444 avenue RE: AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE Dear Mr Barcinski: City Commission is requested to endorse the Art & Jazz on the Avenue event scheduled for Thursday, May 9, 2002 and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue for the following areas only' O O O O Atlantic Avenue from Swinton to NE/SE 7th Avenue South side of Atlantic Avenue from 7"' to just past the Blue Anchor Pub Railroad Way from Atlantic Avenue to N.E. 1'~ Street NE 2"a Avenue from Atlantic Avenue to NE 2"a Street Closure will be from 6:00 p.m. to 10:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, monitoring the FEC railway crossing, stage use setup and removal, and banners and signage setup and removal. The City support of this event, with no charge to the Joint Venture, is crucial to our success. Your consideration and cooperation is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator DELRAY BEACH JOINT VENTURE · Commumty Redevelopment Agency ° Delray Beach Chamber of Commerce · Downtown Development Authority 64-A S E F~flh Avenue, Delray Beach, FL 33483 · Tel 561-278-0424 · 561-278-0555 · www delraybeachwllagebythesea com 01/09/02 WED 10;~0 FA;[ 561~76~24¢ PLASTRII)GE .- LITY INSU NC _ , ~RoouC~ TH~' ~FI~TE ~ ~UE~ ~ A MA~ER O~ I~FORMATION ONLY ~0 CONFERS NO RI~5 U~ ~E CERT~iCA~ · he ~l~==~i~ A~, . HOL~ ~lS CERT~CATE ~ES NOT ~END, ~ENO OR O. D=~e~ ~30 AgORaE C~E~ AFFO~ BY~E ~IE$ B~OW. PHone: 561-276-SZ21 F~c: 561-276-5244 D~n=own Del~a~ ~mach Join~ 64 $.E. 5=~ A~nue Delra¥ Bea=h FL 33444 INSL..R~R ~ INSUI:L~R COVERAGES A :X1 ANY AUTO .~ HON.-OWNED AUTC,~ "=-'I GN~A~ I I.~IMTY t 0~/23/0~ 0~/23/03 I PRCX:~.RTY DNVI~GE $ Holder is name~ ~s ad~L%~ion~i n~m~d in,urea. S~ec~al ~nt - 5 A.=~ & Jaz~ on ~e Avenu~ and 8 £u~me= Nights on the Avenue. ~sl000000 ioooooo CERI'JF1CATE HOLDLeP. i N ] ~prn~,~tL ~u~Lu'~: ,NaUMR ¢/INCELLATIQI~ 100 N.W. D~-LRA- 1 SH<3~L,,D J~ly OFt THIE ~t L'~SCKII,~D POUCI~$ GE CANC:~J..LED B~o~G THE DA~ TNGRE~F, T~G I~NG ~U~ER ~ ENDeaR TO ,MAIL ~ ~AYS ~t~, SPECIAL EVENT HOLD HARMLESS AGREEMENT The Downtown Detray Beach Joint Venture in consideration of the payment of ten (10) (Name of Entity) dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Downtown Delray Beach Joint Venture, use of City facilities or -(Name of Entity) property for the special event of-Art & Jazz on the Avenue,* and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City a.s a result of loss, damage or injury to person or property adsing from the special event of Art & Jazz on the A~,enue (Name of Entity) * This Indemnification and Hold Harmless and Defend Agreement is only to th;~ extent of insurance maintained by the Downtown Delray Beach Joint Venture as covered under Scottsdale Insurance Company Policy number CLS0737702 Art & Jazz on the Avenue (Name of .Special Event) Witness (Please type or pdnt name) Witness ~ ~ame C }1~ I if- ~ p '~ Michael Listick (Please type or pdnt name) Chairman, Delray Beach Joint Venture Title DEL~¥ BEACH Josvr VEvruRE - Commum~y RedeveloFment Asency · Delfay Beach Chamber of Commerce · 12h:mmmwn Deve{o~ Authofit7 64-A S.E. Fifth Avenue, Delray Bc~ch, FL 33483 - Tel: 561-27~-0424 · 561-275-0555 · www. dehmybe~chvtll~ebythc~mcom 03/27/2002 10:57 5612780555 DB CHA/4BEI~ COI~IVlEI:~E PAGE 02 ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: DATE: David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager AGENDA ITEM - CITY COMMISSION MEETING APRIL 2, 2002 SPECIAl, EVENT REQUEST - 5t~ ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL March 27, 2002 Action City Commission is requested to endorse the 5th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 25-26, 2002, to grant a temporary use permit per LDR's section 2.4.6(H) for use of city right-of-way on Pineapple Grove Way from the north side of NE 1~t Street to the south side of NE 3rd Street, and to authorize staff support for security and traffic control. Background Howard Alan Events, LTD. will be sponsoring the 5th Annual Downtown Delray Craft Festival. This year again, a portion of the proceeds will be given to the Joint Venture. Mr. Alan is requesting closure of Pineapple Grove Way from the north side of NE 1 ~ Street to the south side of NE 3rd Street Mr. Alan has indicated that he would rent and install barricades with volunteers. He is also requesting police assistance for security and traffic control. The estimated overtime cost for City services is $1,120. Last years overtime costs were $2,200. Mr. Alan will pay for these costs as well as provide for trash removal, clean up, porta lets, and barricade rental. Signage per LDR's section 4.6.7(D)(3)(j)(I) can be installed one week prior to the event and must be under 20 square feet. This is not a new event and is moving from Atlantic Avenue to Pineapple Grove Way this year. Attached is a copy of the event budget. Recommendation Staff recommends endorsement of the event, granting of the temporary use permit for the street closure and parking lot use as recommended by staff, providing staff assistance for security and traffic control, and allowing the event sign to be installed with all overtime costs to be paid by the sponsor. The approval would be conditional upon the receipt of the insurance certificate. RAB/tas Cc: Marjorie Ferrer File'u.sweency/events Doc:Memo to DTH re 5~ Annual Downtown Delray Craft Festival 052502 ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: DATE: David T. Harden, City Manager Robert A. Barcinskt, Assistant City Manager AGENDA ITEM - CITY COMMISSION MEETING APRIL 2, 2002 SPECIAL EVENT REQUEST - 5th ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL March 27, 2002 Action City Commission is requested to endorse the 5th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 25-26, 2002, to grant a temporary use permit per LDR's section 2.4.6(H) for use of city right-of-way on Pineapple Grove Way from st rd the north side of NE 1 Street to the south side of NE 3 Street, and to authorize staff support for security and traffic control. Background Howard Alan Events, LTD. will be sponsoring the 5th Annual Downtown Delray Craft Festival. This year again, a portion of the proceeds will be given to the Joint Venture. Mr. Alan is requesting closure of Pineapple Grove Way from the north side of NE 1st Street to the south side of NE 3rd Street Mr. Alan has indicated that he would rent and install barricades with volunteers. He is also requesting police assistance for security and traffic control. The estimated overtime cost for City services is $1,120. Last years overtime costs were $2,200. Mr. Alan will pay for these costs as well as provide for trash removal, clean up, porta lets, and barricade rental. Signage per LDR's section 4.6.7(D)(3)(j)(I) can be installed one week prior to the event and must be under 20 square feet. This is not a new event and is moving from Atlantic Avenue to Pineapple Grove Way this year. Attached is a copy of the event budget. Recommendation Staff recommends endorsement of the event, granting of the temporary use permit for the street closure and parking lot use as recommended by staff, providing staff assistance for security and traffic control, and allowing the event sign to be installed with all overtime costs to be paid by the sponsor. The approval would be conditional upon the receipt of the insurance certificate. RAB/tas Cc: Marjorie Ferrer File:u'sweeney/events Doc Memo to DTH re 5th Annual Downtown Delray Craft Festival 052502 Se~t By: HOWARD ALAN EVENTS; 9544723891; Uar-19-02 18:01; Page 1/2 March 18, 2002 Mr. Robert Barcin~ki Assistant City Manager City of Delray 100 NW 1 '~ Avenue Delray Beach, FL 33444 ,4,MERI~,,4/5 FINEST Dear Mr. Barcinski: We are planning for the ~"' Annual Downtown Delray Craft Festival, to be held May 25 - 26, 2002 on NE 2"d Avenue from NE 1K Street to NE 3"~ Street In Pineapple (3rove. Please be advised that the following logistics for the 6~' Annual Down~rwn Delray Craft Festival will be arranged: Street Closure: Bob's Barricades will drop off barricades on Friday, May 24, 2002, and our employees will set them up early Saturday moming. Police: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on Saturday and Sunday with 2 officers for daytime security, and 2 overnight security officers on Saturday from 6:00 pm - 6:00 am. Port-O-LaM and Dumpater: 3 regular and I handicap portolat, have been ordered through Anderson Rentals and will be dropped off on Friday, March 24, 2002 and will be picked up on Monday, March 27, 2002, with servicing on Sunday, March 25, 2002. They will be placed in the parking lot of the deserted Publix. A 20-yard rolloff dumpster is ordered from BFI will be placed in the deserted Publix parking lot. It will be dropped off on Friday and pioked up on Monday as well. Traeh Receptacles: Trash recel~acles will be supplied and maintained by our professional clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: Parking will be at the deserted Publix parking lot. Inaurance: City required certificates will be issued. If you have any questions, please feel free to call me at (954) 472-3755. Howard Alan Events, Ltd, 9695 W. BROWARD BLVD. ° PLANTATION, FLOBII)A 333::4 (954) 472-3755 * FAX (954) 472-389! www.artfe~tlval.com Se~t By: HOWARD ALAN EVENTS~ 9544723891; Mar-tg-02 18:02~ Page 2/2 Se~t By: HOWARD ALAN EVENTS; 9544723891; Mar-27-02 12:27; Page 2/2 American Craft Endeavors 5th Annual Delray Craft Festival May 25 - 26, 2002 PROPOSED BUDGET FOR MAY 2002 Number of Crafters 110 Number of Food Vendora 3 Total Revenue EXPENSES Adve~tleleg: Boca Raton New~ Pa~n Beach Po~t Sun ~nUn~ ~ve~leg SubT~I Seedee~: Permit 81gnage Sanitation Sanitation Sanitation Barricades Seourey Refltal$ Graphlc,~ for advertising Payroll Rental Property Lodgings and meals, travel One Million Dollar liability ins Administrative C)verhead Pdm Beth County Health AA Sign Lines A~qcleraon Rentals BFI Pm F~t ~ffs Ba~ C~ ~ ~tmy ~ ~ Feet ~n~ He~yne ~lln~ & 8~ Delmy Jo~ VenOm telephone, mailings,etc Service SubTotal Total Expen~ Crafter Revenue Food Vendor Revenue Expense Expense Expense Expense Experme Expense Expense Expense Expense $16,~0 $17,149A0 $108,~0 $1,881.12 $325.00 $t,r,44.80 S~,308,44 $13,437.86 Show Profit $4,11 t.54 £1T¥13EL!:11:1¥ BEI:I£H DELRAY BEACH NI-AmeficaCity ] 993 TO: David T. Harden 2001 City Manager 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 MEMORA DUI I FROM: ~Robert A. Barcinski t:~ Assistant City Manager DATE: March 27, 2002 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 2~ 2002 SPECIAL EVENT APPROVAL - HOT AIR BALLOON GLOW AND BALLOON RACE ACTION City Commission is requested to approve a Hot Air Balloon Glow on to be held May 17, 200 and the Hot Air Balloon Race to be held on May 18th and 19z to be sponsored by the Joint Venture. Commission is also requested to approve a temporary use permit per LDR's Section 2.4.6(H) for the closure of Atlantic on May 17t~, 2002 from A-1-A to Andrews between 3:00 p.m. and 11:00 p.m., and to approve staff support for security and traffic control, barricading, and signage preparation and set up, stage set up and take down, and trash removal for this event. BACKGROUND Attached is a memo outlining the activities to take place on May 17th- 19~, 2002 for the Hot Air Balloon Race and Festival. The balloon glow will be held on Atlantic on May 17th, 2002 from 7:00 p.m. - 10:00 p.m. Entertainment and food will be set up, as well as a display of about five (5) hot air balloons. On Saturday, May 18z, 2002 two (2) races will start from Lake Ida Park one at 7:00 a.m. and one at 4:00 p.m. Activities ach morning beginning at 6:00 a.m. include a pancake breakfast, as well as opening ceremonies. A VIP and sponsors tent will be set up, as well as local entertainment. Balloon sponsorships are being solicited through the Joint Venture to offset the costs. The Joint Venture will handle event management to include coordination of balloon applications, vendor approval, solicitation of sponsors, and will provide port-a-lets. Staff assistance will be needed on May 17t~, 2002 on Atlantic, as well as May 18th - 19~, 2002 at Lake Ida Park for traffic control and security, barricading, stage set up and removal and trash pick up. City staff is also being requested to make and put up signage for the event to include all off site parking. The Joint Venture will provide liability insurance for the event. In addition, all balloonists and vendors will provide liability insurance. The Fire Department will provide assistance as they did last year during refueling. 561/243-7000 THE EFFORT ALWAYS MATTERS Agenda Item City Commission Meeting April 2, 2002 Page #2 Date March 27, 2002 The estimated overtime for this event is $8,935 (last years costs were $7,050). is requesting that the overtime costs be waived. The Joint Venture RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for Atlantic Avenue, and approval of staff support for traffic control and security, barricading, sign preparation and installation stage set up and removal, and trash removal. Staff recommends considering the waiver of overtime costs as well as done last year. All approvals contingent on the receipt of the certificate of liability insurance. RAB/tas F~le. u ' sweeney/events Doc Hot.4tr Balloon 2002 atlantic ~VfANAGER March 20, 2002 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST - HOT AIR BALLOON GLOW AND RACE Dear Mr. Barcinski: This is a request from the Downtown Delray Beach Joint Venture for City Commission to approve a Hot Air Balloon Glow to be held on Atlantic Avenue on May 17, 2002 and a Hot Air Balloon Race, to be held at Lake Ida Park, on May 18th and 19~h. The Hot Air Balloon Glow will be held on May 17t" on Atlantic Avenue from 7:00 p.m. to 10:00 p.m We are requesting Commission approval for a temporary use permit, per LDR's Section 2.4.6(H), for use of City property and right of way. We are requesting street closures on Atlantic Avenue from AIA to Andrews between 3:00 p.m. and 11:00 p.m. The Hot Air Balloon Races are scheduled for May 18th and 19th at Lake Ida Park. We are working closely with the County Parks and Recreation Department on the use of the Park. On Saturday, May 18~h, two races will start from Lake Ida Park, one at 7:00 a.m. and one at 4:00 p.m. On Sunday, May 18th we will have one race only starting at 6:00 a.m. Activities begin each morning at 6:00 a.m. with a pancake breakfast and opening ceremonies. The Joint Venture will provide event management to include coordination of balloon applications, vendor approval and general event management, including solicitation of volunteers. The Joint Venture will handle rest room needs and port-o-lets where necessary. In summary: On Friday, May 17m for the Balloon Glow we will need street closure on Atlantic Avenue, trash pickup, secudty and barricades. For Lake Ida Park on the days of the event we will need a covered stage setup, garbage boxes delivered, and barricades dropped off. On Saturday and Sunday, May 18 and 19 for Lake Ida Park only we will require traffic control, police security and Fire Department assistance during refueling of the balloons. On Monday, May 20th, we will need stage breakdown and cleanup of the facility. DELRAY BEACH JOINT VENTURE * Commumty Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Development Authority 64-A S E. F~fth Avenue, Delray Beach, FL 33483 · Tel 561-278-0424 * 561-278-0555 · www delraybeachv]llagebythesea eom Page 2 We are also requesting that City staff change and put up last year's signage (if needed) for the event to include all off site parking. The Joint Venture through our insurance program will assume liability for the entire event and will include the City and the County Parks & Recreation Department as additionally insured. All balloonists and vendors will provide liability insurance. Where possible, we have requested the services of City Staff dudng working hours, to avoid overtime expenses. We appreciate the City's waiver of all overtime charges. We also gratefully acknowledge the hundreds of volunteers that help out. Your consideration and approval of this request is very much appreciated. The community enthusiastically received this event last year and has been calling to inquire as to the date of this event for the year 2002 so they can plan accordingly. Most Sincerely, MARJORIE FERRER Downtown Coordinator /sk MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~.~ AGENDA ITEM ca I . ..- REGULAR MEETING OF APRIL 2, 2002 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS MARCH 29, 2002 Attached is the Report of Appealable Land Use Items for the period March 18, 2002 through March 29, 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:\C:ty Clerk\chevelle folder\agenda memos\apagmem.04.02.02 TO: THRU: FROM: SUBJECT: D~(~HARDEN, C. ITY MANAGER PAUL DORLING, BII~ECTOR OF PLANNING AND ZONING LEN, PLANNER MEETING OF APRIL 2, 2002 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS MARCH 18, 2002 THRU MARCH 29, 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 March 18, 2002 through March 29, 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. No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (5 to 0, Randolph and Morris absent), of a conditional use request to allow the establishment of a veterinary clinic for Lund Animal Hospital, located in the Pelican Harbor Shoppes at the northeast corner of South Federal Highway and Tropic Isles Drive. · Recommended approval (4 to 1, Peltzie dissenting), of the abandonment of a portion of SE 7th Avenue, north of SE 5th Street. City Commission Documentation Appealable Items Meeting of April 2, 2002 Page 2 Recommended approval (5 to 0), of an amendment to the Land Development Regulations Section 4.6.18 "Architectural Elevations and Aesthetics" regarding the prohibition of metal buildings and eliminating the provision for City Commission consideration of outbuildings within shopping centers. Recommended approval (5 to 0), of a combined preliminary/final plat for Atlantic Grove, a mixed-use development located on the north side of West Atlantic Avenue, between NW 3rd Avenue and NW 5th Avenue. Approved (4 to 0, Dabney-Battle, DeCapito and Sneiderman absent), the elimination of a previous condition of approval requiring the replacement of the existing Black Olive trees with Live Oak trees for Adelphia, located on the east side of SW 4th Avenue, north of Linton Boulevard (1595 SW 4th Avenue). Bo Approved (4 to 0), a Class II site plan modification and architectural elevations associated with the installation of a 660 square foot temporary modular building for Construction Services and Consultants, Inc., located at the northeast corner of West Atlantic Avenue and the E-4 Canal (2201 West Atlantic Avenue). Approved (4 to 0), a Class V site plan and landscape plan associated with the conversion of an existing single family residence to a commercial use for Classic Trends Salon & Accessories, located on the west side of SE 6th Avenue (northbound Federal Highway), south of SE 6th Street (622 SE 6th Avenue). Concurrently, the Board granted a waiver reducing the width of the landscape buffer along the north and south sides adjacent to the parking lot from 5 feet to 4.5 feet and 3 feet respectively. Do Tabled (4 to 0), a Class V site plan, landscape plan and architectural elevations associated with the construction of a 32-unit townhouse development for San Sebastian, located on the southeast and southwest corners of NE 5th Avenue (southbound Federal Highway) and NE 3rd Street. The Board raised several concerns with the design and layout of the project including the lack of green space on-site and the back-out parking spaces on NE 4th Avenue. The Board felt that the project was too dense and the design too tight. Approved (4 to 0, Sexton and McDermott absent), a Class III site plan modification, landscape plan and a request for a Certificate of Appropriateness associated with the relocation of a contributing building "Lavender Shutters" to Cason Cottage, located at the northeast comer of Swinton Avenue and NE 1st Street. City Commission Documentation Appealable Items Meeting of April 2, 2002 Page 3 2. Approved (4 to 0), a Class V site plan, landscape plan, architectural elevations and a request for a Certificate of Appropriateness for the proposed rehabilitation of four contributing structures for conversion to office/retail and restaurant for Fisher Properties, located on the east side of Swinton Avenue, north of SE 1st Street (27, 31,35, and 43 S. Swinton Avenue). Approved (4 to 0), a Certificate of Appropriateness associated with the installation of a business sign for Forman Building, located on the west side of NE 1st Avenue, north of NE 3rd Street (334 NE 1st Avenue). Approved (4 to 0) a request for a Certificate of Appropriateness to allow the addition of a gable roof entrance on the main structure, a perimeter wall and concrete paver parking lot and walkways for Patrick Lynch Residence, located at the northwest corner of Ocean Boulevard and Nassau Street (226 S. Ocean Boulevard). Approved (4 to 0), a Certificate of Appropriateness associated with the demolition of a non-contributing structure to accommodate the proposed Atlantic Grove development at 17 NW 4th Avenue. Approved (4 to 0), a Certificate of Appropriateness associated with the replacement of an existing free standing sign for the Judge Knott Center for Historic Preservation, located on the west side of Swinton Avenue, north of West Atlantic Avenue (20 North Swinton Avenue). Tabled (3 to 1, Jamison dissenting ), a request to allow the installation of aluminum windows for a contributing structure at 30 SE 1st Avenue. The Board tabled the request to allow the applicant to investigate the cost of providing wood frame windows on the front facade and aluminum frame windows along the remainder of the elevations not visible from the street. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - April 2, 2002 GULF STREAM BLVD L-30 CANAL S.P.R.A.B. A. ADELPHIA B. CONSTRUCTION SERVICES & CONSULTANTS C. CLASSIC TRENDS SALON AND ACCESSORIES D. SAN SEBASTIAN H.P.B. I. CASON COTTAGE 2. FISHER PROPERTIES 3, FORMAN BUILDING 4. PA TRICK LYNCH RESIDENCE 5. 17 N. W. 4TH AVENUE 6. JUDGE KNOTT CENTER FOR HISTORIC PRESERVATION 7. 30 S.E, ISTAVENUE N W 2NDST S W 2NDST SW ClT~ I.iyrrs ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2002 ·. DIGITAL BASE MAP SYSTEM - - / J I I MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS BIDS AND CONTRACTS DATE: MARCH 29, 2002 ° REGULAR MEETING OF APRIL 2, 2002 AWARD OF This is before the City Commission to approve the award of the following bids: Purchase award to R&S Integrated Products and Services, Inc. in the amount of $48,567 for the purchase of a LaserFiche Document Imaging System under State Negotiated Agreement Price Schedule (SNAPS) Contract No. 2502011-2, and purchase of supporting hardware in the amount of $34,688 from various vendors. Funding is available from 3344112-51944.12 (Office Equipment). Bid award to Cornerstone Businesses, Inc. in the total amount of $357,5 I0.00 for directional drilling a sixteen (16") force-main under the Intracoastal Waterway and an eight (8") water-main connection between the Sabal Lakes development and the Lake Forest development ($272,510.00) and an "alternate A", the installation of an eight (8') conduit for Florida Teleport under separate agreement ($85,000.00). Funding is available from 441-5181-536-63.74 for $217,510.00 (Intracoastal Sewer Crossing), 441-5181-536-65.21 for $55,000.00 (Davis Road/Lone Pine), and 441- 5161-536-69.23 for $85,000.00 (Florida Teleport Intracoastal Crossing). Lease award to AXSA Document Solutions in the amount of $32,976.00 (total award) for a color copier. Funding is available from 001-2911-519-44.30 (General Fund/Equipment) and 448-5411-53844.30 (Stormwater Utility Fund/Equipment). Recommend approval of the above bids and purchases. S:\City Clerk\chevelle folderkagenda memo\Bid Memo.04.02.02 MEMORANDUM TO: FROM: THROUGH: SUBJECT: DATE: David T. Harden City Manager Richard Zuccaro MIS Manager~,~ Joseph M. Sa~ Director of Finarfce-~,..) City Commission Agenda - Document Imaging Proposal March 20,200 Back,qround The office of the City Clerk is responsible for maintaining all official records of the City (i.e., contracts, leases and agreements, agendas, resolutions, election information, minutes, deeds, easement rolls, charter and amendments, etc). The primary purpose for a Document Imaging System is to transfer (scan) the existing permanent City records, and related documents, to disk storage in an imaged format These documents are then stored on disk, ~ndexed and organized, for easy, fast retrieval. This Document Imaging System proposal includes the acquisition of hardware (with an option for scanning for the larger engineering type documents, at a separate cost), software and professional services necessary to fully implement a system which will empower the City to put ~n place a selected C~ty archive system This system would include viewer licenses for 25 concurrent users and future imaging capabilities for an HTE interface. The 25 users, including the City Manager' Office and the C~ty Clerk's Office, will be able to search the database and retrieve informabon of interest The MIS Division and the City Clerk's Office have been reviewing several Document Imaging Systems and have selected the LaserFiche System from R&S Integrated Products and Services, Inc. (proposal attached). R&S has an enormous amount of experience implementing Document Imaging Systems for City Governments (see R&S hst of Document Imaging ~nstallations--Page 5 of the proposal). LaserFiche from R&S was selected because it meets the needs of the City Clerk's Office and has the potential (scalability) to be expanded to an enterprise solution for full document management, including COLD (imaging of HTE pnnted reports) storage We visited two current R&S customers and LaserFiche users, the City of Boynton Beach and the City of Greenacres. Both sites have been using Laserfiche for several years and are very happy with the imaging system. They both gave LaserFiche high marks for ease of use, dependabihty and overall satisfaction. They rated system R&S as excellent in implementabon (professional services) and ongoing user support. We are, therefore, recommending the acquisition of the LaserFiche System from R&S Integrated Products and Service Inc., State Negotiated Agreement Price Schedule (SNAPS) Contract Number 2502011-2, in the amount of $48,567, and the purchase of supporting hardware from various vendors, ~n the amount of $34,688, to be funded from account 334-6112-519-64.12. R&S Inte,qrated Products & Services Inc. R&S has been in business since 1993 and currently employs e~ght people R&S was incorporated in 1993 and has been using, selhng and integrating LaserFiche since 1993. R&S has accomplished over 50 projects at over 40 LaserFiche installations w~thin the State of Florida. Additional projects have been accomphshed in Georgia, Alabama, Virginia and New York R&S is recognized by LaserFiche and other Value Added Reseller (VAR) companies as experts in technical support and systems integration. R&S has been awarded "Winner's Circle" status by LaserFiche for the last four years (since creation of honor) In 2000, R&S was awarded "Expertise in System's Integration" by LaserFiche, the only year the award was given. LaserFiche Corp. LaserFiche has been a leading Document Imaging product since 1987. There are over 100 people employed by LaserFiche. The corporate office ~s in Long Beach, California. There are over 16,000 LaserFiche installations across the world. The primary LaserFiche owner sits on the Board of the International Municipal Clerk's Association. LaserFiche product development considers records management requirements for municipalities. COLD (Imaging HTE Reports) The DataTrade "Spoolview" COLD application has been "tightly" integrated with the HTE System. The Program will access the HTE spool files at their native print location on the AS400 and process automatically. The HTE GUI can be integrated with the Data Trade "Spoolview" System and LaserFiche This means that users will not have to exit the HTE application to view COLD reports or images. Th~s would be accomphshed with integration services and the HTE APl. Images of the reports could be viewed with hot keys from the HTE GUI (Ctrl I). For example, images of Purchase Orders or financial reports can accessed from the HTE GUI using designated hot keys. Th~s would be accomplished using R&S EZFind, HTE APl and integration services. This level of integration will be accomplished at other R&S projects this year The knowledge and experience gained will be applied to all R&S LaserFiche projects. The total cost breakdown of the R&S Imaging Proposal, including hardware (acquired by MIS via State Contract), software and professional services is outlined below: R&S IMAGING PROPOSAL BREAKDOWN R&S Proposal (without Hardware): R&S (LaserFiche remarketers) Document Imaging Proposal: Less scanners (to be purchased by MIS): 2 Fujitsu Scan Partner 93 1 Fujitsu 4097 w/Kofax card Total R&S Proposal (without Hardware) $65,055 ($8,902) ($7,586) $48,567 City's price for hardware (acquired by MIS): Server 3 Scanning Workstations (at $1,566) Fujuitsu Scanners: 2 Fujitsu ScanPartner 93GX 1 Fujitsu M4097D Total Hardware $17,718 $4,698 $12,272 $34,688 TOTAL PROPOSAL (R&S plus Hardware acquired by MIS) $83,255 R&S Integrated Products and Services Inc. Information through Innovation 620 South Florida Avenue Lakeland, FL 33801 Voice 863.683.9393 Facsimile 863.686.0610 www.rsoasis.com Richard Zuccaro City of Delray Beach MIS Director 100 N. W. 1st AvenUe Delray Beach, FL 33444 February 28, 2002 Greetings Richard, Please find enclosed the updated document imaging proposal we discussed. I look forward to our next communication concerning your project. If you have any questions or would like to discuss your project, I can be reached at the office or via my cell phone at 863.287.5530. Regards, Robert E. Porter Projects Manager Robert@rsoasis.com R&S Integrated Products and Services Inc. Information through Innovation 620 South Florida Avenue Lakeland, FL 33801 Voice 863.683.9393 Facsimile 863.686.0610 www.rsoasis.com R&S Integrated Document Imaging and Information Management Systems City of Delray Beach Document Management Projects Departmental Costs and Specifications Document #Delray2002A4 presented by R&S Integrated February 26, 2002 Delray Beach Document Management Projects Introduction This document presents costs and specifications for implementing departmental and enterprise document management technologies. Listed systems provide document management technologies for the city of Delray Beach. Project will install, setup, and train users and administrators in the City Clerk, Records Management Center, and the Legal departments at the city of Delray Beach. Listed with each system are electronic imaging capabilities (SnapShot, image records electronically without print, handle, scan of hard copy) and IntranetJlntemet access (thin client access to system images/records through common Intemet browsers (does not require LaserFiche client to be installed on user's workstation/computer). Presented systems can be configured or upgraded in single increments or 5, 10, 25, or 50 process licenses and in single increments or 5, 10, 25, 50, 100,250 retrieval or read only licenses. Each system can be upgraded to additional user, scanner, and database licenses; see line item costs at end of document. Scanner, workstation, and server hardware costs are listed with each system. Technology presented will image hard copy and store this information in the Compulink 'LaserFiche' document imaging system. Imaging software includes complete SQL server database software. Technology will electronically image files from Windows programs to LaserFiche (image existing files without having to print and scan). Acquisition This project can be started upon R&S receiving a purchase order for desired items. This project can be purchased in whole or by part. All R&S products and services can be purchased via the R&S and state of Florida SNAPSII contract; the R&S contract number is 2502011-2. R&S Integrated Document Imaging and Information Management Systems Delray Beach Document Management Projects System Costs see spreadsheets and following pages R&S Integrated Document Imaging and Information Management Systems 2 R&S Integrated Products and Services Inc. 620 South Florida Avenue Lakeland, FL 33801 Voice 863.683 9393 Facs~mde 863.686 0610 www rsoasis com Document Management and Imaging Systems System Three - Professional Inlcudes support for Microsoft SQL Server (database and CALs licensing not Included) Product Code Software 2a. RS223 2b. RS223P Description Quantity Unit Cost LaserFiche 'SQL Professional' Document Management System I $6,000 Support and Upgrades for one year I $1,800 subTotal $6,000 $1,800 $2,000 $48O $5,000 $1,5OO $400 $80 2c. RS223-RW 2d. RS223-RWP LaserFiche 'SQL' Read/Write Client for Document Management System 4 $500 Four user concurrent license Support and Upgrades for one year 4 $120 2e. RS223-RW 2f. RS223-RWP LaserFiche 'SQL' Read/Write Client for Document Management System 25 $200 25 user concurrent license Support and Upgrades for one year 25 $60 2g. RS97861 2h. RS97861P SnapShot Electronic Document Imaging I user Support and Upgrades for one year 4 $100 4 $20 Professional Services 3a. RS2116 Server, workstation, software, and scanner setup 3b. RS2180 Work process development, user and admin training, 80 hours SNAPSII $5,7oo $1,71o $1,900 $456 $4,75o $1,425 $380 $76 Software, Hardware, Professional Services Total 16 $130 $2,080 $2,080 80 $130 $10,400 $10,400 IntranetJlnternet Access to LaserFiche Document Management for LaserFiche Standard 4d. RSWEB25 LaserFiche Weblink for Intranet/Internet Access to LaserFiche data 4e. RSWEB25P Support and Upgrades for one year 4f. RS2008 System setup, admin and system training, basic webpage edits $29,740 $28,877 I $7,995 $7,995 $7,595 1 $2,370 $2,370 $2,252 8 $130 $1,040 $1,040 $11,405 $10,887 CDR Publishing for Field Access, Disaster Recovery, and Data Distribution 5a. RSPLUS LaserFiche 'Plus' CDR Publishing with LF viewer on each CDR disc I $5,515 $5,515 5b. RSPLUSP Support and Upgrades for one year I $2,658 $2,658 5c. RS2108 Work process and system training 8 $130 $1,040 $9,213 Fujitsu ScanPartner93 scanner with Adaptec SCSI card, simplex scanner 21 pages per minute 5d. RSFUJ93 Fujitsu ScanPartner93 scanner, up to 8.5 x 14" 2 $2,695 $5,390 5e. RSFUJ93P one year onsite system support, scanner replmnt 2 $595 $1,190 5f. RS850 Kofax 850 Scanner Interface Card with cable 2 $1,395 $2,790 $9,370 Fujitsu 4097 scanner with Kofax card, duplex scanner 49188 ppm 5g. RS4097G Fujitsu 4097 SCSI scanner, up to 11 x 17" I $5,595 $5,595 5h. RS4097G one year onsite system support, scanner raplmnt 1 $995 $995 5i. RS850V Kofax 850 Adrenaline card, scanner interface 1 $1,395 $1,395 $7,985 $5,239 $2,525 $1,040 $8,804 $5,121 $1,131 $2,651 $8,902 $5,315 $945 $1,325 $7,586 Project Total $67,713 $65,055 DelrayL2002Q1A4SQL xls Page 2A Delray Beach Document Management Projects Imaging and Document Management Server - Configuration #2 With RAID5, system will store over 2,000,000 pages at 75kb each PowerEdge 2500SC Intel Pentium III 1.13GHZ w/512K Cache 25113SC - [220-5511] Additional Processors: Memory: Keyboard: Monitor: Five Hard Drives, RAID 5, 144 GB Primary Controller: Diskette Drive: Operating System: Mouse: Additional Network Adapter: Tape Backup Unit: CD-ROM/DVD-ROM: Hard Drive Backplane: Tape Backup Software: Hard Drive Configuration: Chassis Orientation: Hardware Support Services: Power Supply Kit: 2nd Processor 1.13GHz/512K Cache 2P113 - [311-7575] 1.5GB SDRAM, 133 MHz, 6X256MB DIMMs 15GB6D - [311-6572] Deluxe Windows Keyboard, Gray D - [310-3775] Dell E551, 15 in (13.8 in Viewable), Gray 15MON - [320-0960] 36GB,U160M,SCSI,1 in,10K HD 36GB10 - [340-1938] PERC3-DI, 128MB, 2 Internal Channels - Embedded RAID ROMB128 - [340-2485] 3.5 in, 1.44MB Floppy Drive FD - [340-2557] MS Windows 2000 Advanced Server with 25 Client Licenses W2KADVS - [420-0234] Microsoft System Mouse, Gray MD - [310-3777] Two Intel Pro 100+ Dual Port Server Adapters 21ND100 - [430-1985] PV110T, DLT1, 40/80G, TBU, NC, Internal DLITNI - [340-2565] 24X, IDE CD-ROM CD24X - [313-8993] 1X6 Hot-Pluggable HDD Backplane 1X6BKPL - [311-6578] Veritas Server PSVENH - [420-2833] Drives attached to PERC3-DI, RAID 5 - Min. of 3 drives required MR5N - [340-2578] Tower TOWER - [310-0841] 3Yrs Same Day 4Hr Response Parts + Onsite Labor (M-F 8am-6pm) W3Y5X10 - [900-2940] [900-2942] Non-Redundant Power Supply NREDPWR - [310-0846 R&S Integrated Document Imaging and Information Management Systems 3 Delray Beach Document Management Projects Required Hardware Specifications and Department will provide the following: Project will utilize an existing computer network with existing workstations for client access. LaserFiche client workstations should be at least Pentium 150 MHz with 64 MB RAM and 2 MB video. >Pentium 300 MHz with >17" monitors and 128 MB RAM are recommended (for workstations and scan station). However, images can be viewed casually from a Pentium 75 MHz with 32 MB RAM and a 14" or 15" monitor. LaserFiche scanning or process workstations should be at least Pentium 350 MHz with 128MB RAM and 8 MB video. _>Pentium 500 MHz with _>17" monitors and 256 MB RAM are recommended (for workstations and scan station). Image or Document Management Server should be at least PIll 500 MHz with 1024 MB RAM, 18.x GB of available hard drive space, SCSI drives; dual 850 MHz with 2048 MB RAM recommended (1024 MB minimum). An 18.x GB hard drive will store over 250,000 pages at 75 kb each. Project usually requires a dedicated document imaging / management server. Client workstations supported are Windows 2000, NT workstation, and Windows 98. When using the NT server, all clients must use TCPIP. When using a Novell server, all clients must use Client 32. Network person responsible for server and systems administration will be available during initial installation (first and second day). R&S Integrated Document Imaging and Information Management Systems 4 Delray Beach Document Management Projects R&S Document Imaging and Data Capture Installations GOVERNMENT City of Titusville City of Stuart City of Winter Park City Of Mary Esther City of Boynton Beach, Police, and Utilities City of Greenacres, city and Public Safety City of New Smyrna Beach City of Miami Beach City of Deerfield Beach City of Homestead Town of Lauderdale-By-The-Sea City of Inverness Village of Palm Springs Lee County Tax Collector's Office Lee County Property Appraiser Collier County - Clerk of the Circuit Court Collier County - Sheriff's Office St Lucie County BoCC Village of Palm Beach Shores Monroe County Clerk of the Circuit Court Monroe County Property Appraiser Florida Department of Citrus Florida Department of Law Enforcement Florida Department of Health, Well Surveillance State of Florida, State Comptroller, Office of General Counsel Shades of Green Resort, Department of the Army Athens Clarke County Hillsborough County Clerk of the Circuit Court MANUFACTURING Lockheed Martin Financial Services Bausch & Lomb Pharmaceuticals EDUCATION University of Central Florida University of Florida Law College Columbia County Schools Florida State University Putnam County Schools MEDICAL AdvantEdge Healthcare Solutions Morton Plant Mease Foundation Shands Hospital - University of Florida Moffit Cancer and Research Center Cardiology Consultants, P.C FINANCIAL I REAL ESTATE Griffith & Wemer Columbia Title and Research Financial Strategies Workshop First Summit / Jefferson Pilot Financial American Express Financial Services RETAIL I COMMERCIAL Discount Auto Parts Outback Steakhouse, Corporate Office Qualex Consulting Howard Schultz and Associates Advanced Auto Parts Ryan Incorporated R&S Integrated Document Imaging and Information Management Systems Delray Beach Document Management Projects R&S Integrated Fact Sheet R&S has been a LaserFiche document imaging VAR for over eight years. R&S has been a MTi 'OCR for Forms' VAR integrator for over five years. R&S has over 30 government LaserFiche imaging installations in the state of Florida. These projects have involved integration with a variety of city, county, and state departments. R&S has completed over 50 LaserFiche projects in the Southeast US, more than any other LaserFiche VAR. R&S products and services can be purchased via Florida SNAPS I1. R&S has been involved in this state contract program for over two years You should choose R&S Integrated as your LaserFiche imaging VAR for the following reasons. · R&S has been a LaserFiche VAR integrator for over eight years · R&S has over 40 active LaserFiche installations in the state of Florida · R&S received the LaserFiche 'Expertise in Systems Integration' award in 2000 · R&S has been in the LaserFiche 'Presidents Circle' for the past four years (since creation of honor) · R&S recognized by imaging industry as a leader in systems integration and project development · All R&S imaging installations can be referenced for additional information, some promote site visits · Ail R&S products and services are available via Florida SNAPS II contract · R&S has integrated LaserFiche with MTI 'OCR for Forms' for automated image indexing & data entry · Numerous articles have been printed in industry magazines and other periodicals that discuss R&S imaging and data capture projects, reprints on request Additionally, R&S offers DataTrade's 'Spoolview' COLD technology. Mainframe reports can be indexed, searched, and viewed from the user's desktop. Your HTE (or other mainframe system) reports can be setup to be processed automatically from the AS400 and viewed from the computer desktop. R&S has developed 'Document Shuttle' to automatically build or populate the LaserFiche imaging system with existing or process data (from data capture systems or ODBC tables). R&S has developed 'EZFind' to image enable existing applications with the LaserFiche imaging system. R&S engineers, programmers, and technicians have over 20 years experience in imaging and related technologies. Go to www.rsoasis.com for more information. R&S Integrated Document Imaging and Information Management Systems Delray Beach Document Management Projects R&S Integrated Products and Services, Inc. Project References February 2002 City of Boynton Beach - welcomes site visits Peter Wallace - Dir ITS 561-742-6070 Carol Cheek- Human Resources 561-375-6278 Nancy Byrne - Dir Development Dept 561-742-6372 (Engineering, Planning & Building) started project 11/08/1999 City of Greenacres - welcomes site visits Marina Quintero - Data Processing 561-642-2035 Tom Oldham - Dir MIS 561-642-2013 Administration (City Clerk, Human Resources); Engineering, Planning & Building; Finance; Public Safety Will start Leisure Services this fiscal year City of Titusville - welcomes site visits Charlene - deputy clerk 407-383-5732 Karan Rounsavall - city clerk 407-269-4400 ext 221 City Clerk Dept Other depts planned in future Collier County, Clerk of the Court - welcomes site visits Lori Storter 941-774-8340 James Taylor 941-774-8319 Clerk of the Commission & Traffic Dept SEE Weblink at www clerk.collier, fi.us go to the Weblink option at mid page Other departments this fiscal year St. Lucie County, BoCC Vic Madonna 561-462-1760 Legal, Landfill, Utilities, Community Development, Human Resources, Public Works SEE Weblink at http:lldocuments.stlucieco.govl Collier County, Sheriff's Office Jamie Mosbach 941-793-9514 Damian DeAndres 941-793-9297 Central Records & Human Resources Other departments this fiscal year Lee County Tax Collector Eddie Wilson Clay Jones 941-339-6047 941-339-6042 · State Comptroller/Banking & Finance Legal Mary Howell - input/admin user - 850-488-9896 Discount Auto Parts David Erausquin 863-284-2144 R&S Integrated Document Imaging and Information Management Systems .Delrsy Beach Document Management Projects Document Herdcopy to Image Conversion Large Format Drawings Hard Copy or 'Drawings' >8.5 x 14" Section A Project development Hard copy pickup, transport boxes, per diem, service Prep; remove staples, paper clips, count pages Scan; to 300 dpi TIFF Group IV image in the LaserFiche interface, deskew Delivery of finished product Communication of file data during conversion process Section B Index; by relative fields (or dept. defined indexes established at project meeting) Section C Build LaserFiche file folders for each file category. Create documents named With relative fields such as employee number and document type, example 2348 City Park OR system generated document name. Three indexes with maximum 8, 12, & 14 characters respectively. Organize, and deliver the project files within the LaserFiche imaging interface. Each File will have a named folder with file data built into each Section D Create portable LaserFiche volumes and write to CDR optical disc, two copies Include the LaserFiche viewer program on each CDR Quantities more than 1,000 but leaa than 11,000 drawings RS004 BC size >8.5 x 14" and <24x36" drawings RS005 D size 24x36" drawings RS006 E size >24x36" or 36x48" drawings Quantltlea more than 11,001 but less than 25,000 drawings RS004a BC size >8.5 x 14" and <24x36" drawings RS005b D size 24x36" drawings RS006c E size >24x36" or 36x48' drawings Quantitlea more than 25,001 drawings RS004d BC size >8.5 x 14" and <24x36" drawings RS005e D size 24x36" drawings RS006f E size >24x36" or 36x48" drawings SRP SNAPS discount price $1.50 to $2.50 each $2.50 to $4.00 each $3.75 to $5.95 each $1.43 $2.38 $3.57 $1.50 to $2.50 each $2.50 to $4.00 each $3.75 to $5.95 each $0.98 $2.18 $2.78 $1.50 to $2.50 each $2.50 to $4.00 each $3.75 to $5.95 each $0.48 $1.98 $2.08 Oneito hard copy to Image processing RSON R&S provides travel, equipment, mobilization, personnel, per diem Client provides workspace, security, and utilities Add 40% to total project conversion costs R&S Integrated Document Imaging and Information Management Systems ~ompaq's Small & Medium Business Online Store" Page 1 of 2 COMPAQ Selected To print this page, choose "Print" from the "File" menu in your browser, When finished printing close_t~i~s "~in~dow." to return to Customize page. Compaq ProLiant Dl380 Intel® Pentium® III Processor 1.40GHz/133 Rack Model (256MB) $17,718.00 Configured Price $469.88/Month 48-Month Lease System Configuration · Intel® Pentium® III Processor 1.40GHz · Intel® Pent,urn® III Processor 1.40GHz - Opbon Kit · 2GB Total SDRAM 133NiHz (2x1024) · Integrated Smart Array 5i Controller · Smart Array 5304/128 Controller (RAID) · Hot Plug Drive Cage-Ultra3 (5 x 1" and 1 x 1.6") Advanced Data Guarding (requires Smart Array 5304 Controller and a minimum of 4 matching drives) · 36.4GB Pluggable Ultra3 SCSI 15,000 rpm Hard Dr, ve (1") · 36.4GB Pluggable Ultra3 SCSI :[5,000 rpm Hard Drive (1") · 36.4GB Pluggable Ultra3 SCSI 15,000 rpm Hard Drive (1") · 35.4GB Pluggable Ultra3 SCSI 15,000 rpm Hard Drive (1") · 36.4GB Pluggable Ultra3 SCSI :[5,000 rpm Hard Drive (1") · 36.4GB Pluggable Ultra3 SCSI 15,000 rpm Hard Drive (:[") · Hot Plug Redundant Power Supply Module · Hot Plug Redundant Fans (3) · 1.44HB Floppy Disk Drive - Included · 24X Low-profile IDE CD-ROM Drive · Two (2) Compaq NC3163 Fast Ethernet NIC (embedded) PCI 10/100 WOL - Included · Standard Qumk Deployment Ra~ls · W~ndows® 2000 SVR + 5 CALs · SmartStart & Compaq Insight Manager · Remote Insight Board Lights-Out Edition · Compaq 3-Year L~m~ted Warranty · ProLiant :[600/1850R/HL370/DL380 - 9-Hour x 5-Day Coverage, 4 Hour Response T~me, 3 Years To order by phone, call 800,888.9909. This configuration is presented for your convemence only. It ~s avadable for purchase by US customers who take dehvery in the US. Compaq will not be responsible for typographical or other errors or omissions regarding prices or other ~nformation. Prices and configurabons are subject to change w~thout notme and do not ~nclude sh~pping charges or apphcable taxes. All purchases are subject to the terms of your Small & Medium Business Onhne Store agreement w~th Compaq. Promotional offers and prices are for a hm~ted bme or unbl supply lasts. http://www, smb.compaq.com/dstore/printconfig.asp?oi=E9CED&BEID= 19701 &SBLID= 2/11/2002 78066671 Page 1 of 3 DELL E Corn Date: 3/12102 10:03:16 AM QUOTE #: Customer #: Quote Date: Customer Name: QUOTA TION 78066671 1015934 3/12/02 CITY OF DELRAY BEACH TOTAL QUOTE AMOUNT: $1,566.00 Product Subtotal: $1,566.00 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: QUANTITY: 1 SYSTEM PRICE: $1,566.00 GROUP TOTAL: $1,566.00 I OptiPlex GX240, Pentium 4, 1.7GHz, 256K Cache, Gray Small Form Base Unit: Factor Base, Includes PCI Riser (220-5706) Memory: 256MB, NonECC, PC 133 SDRAM, lX256, GX240 (311-1469) Dell Enhanced Quiet Key PS/2 Rubberdome "3 Hot key" Keyboard, Keyboard: Gray, OptiPlex (310-0762) Dell 1503FP, Flat Panel, 15.0 Inch Viewable Image Size, Optiplex, Gray Monitor: (320-4181) 32MB, ATI, Radeon, Video Card, with VGA Cable, (Low Profile), GX240 Video Card: (320-1735) Hard Drive: 40GB EIDE, 7200 RPM, ATA/100 Hard Drive, GX240 (340-3585) Floppy Disk Drive: 3.5 inch, 1.44MB, Slimline Floppy Drive, GX240 (340-8788) Operating System: Windows 2000,SP2,NTFS,CD, English (420-0287) Microsoft USB, Optical, Wheel,4-button Mouse in Gray, OptiPlex (310- Mouse: 0757) NIC: Integrated 101100 3Com Remote Wake-up NIC, OptiPlex (430-4061) CD-ROM or DVD-ROM 8X, DVD with Software Decode for Windows 98 or 2000, Slimline, Drive: GX240 (313-4413) Sound Card: Integrated Sound Blaster Compatible AC97 Sound, OptiPlex (313-8170) Speakers: Harman/Kardon 19.5 Speakers, Optiplex, Gray (313-1490) Documentation Diskette: OptiPlex Resource CD (313-7168) file://C:\TEMP\Quote%2078066671 .HTML 03/12/2002 7.8066671 ,, ., Page 2 of 3 Factory Installed Software: Stand ,w/Bottom, Assembly SF, OptiPlex (310-6775) Type 3 Contract - Next Business Day Parts & Labor On-Site Response Service: Initial Year (900-6530) Type 3 Contract - Next Business Day Parts & Labor On-Site Response Service: 2YR Extended (900-7502) Installation: Standard On-Site Installation Declined (900-9987) Misc: Mouse Pad (310-3559) COMMENTS *'250-040-99-1'** TOTAL QUOTE AMOUNT: $1,566.00 Product Subtotal: $1,566.00 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 SALES REP: BARBARA HARBER PHONE: 800-981-3355 Email Address: Barbara_Harber@Dell.com Phone Ext: 43012 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www. dell.comlquote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. file ://C :~TEMP\Quote%2078066671 .HTML 03/12/2002 " j~O*~ ~ Ouote #:136443 D.te: 02114/02 SPECIAL QUOTA TION PREPARED FOR MONTRI CHAISAKUL DELRAY BEACH CITY A'I-rN: ACCOUNTS PAYABLE 100 NW FIRST AVENUE DELRAY BEACH, FL 33,!,,H From: TERRI ROMANO, 800-521-2777 561-243-7161 CompServ, Inc. 2325 Ulmerton Rd Ste 16, Clearwater, FI 33762 727-299.9220 FAX 727-299-9420 Page: 1 Price UM Extended I Item 1197417 Deacriation 160 DUPLX FBSCAN ADF COL 300DP 1 25PPM SCSI ETA 2/19 EH06502000 ADRENALINE 6501 SCSI SCNR CTRL 2.00 735.00 EA 1470.00 - COLOR SC10280000 SCSI3 ULTRA WIDE TO SCSI MICRO 2.00 79 00 EA 15800 DB68 TO C50 C THESE ARE IN STOCK* 8793630 1500D SCSI SCANNER 40PPM 600DP 1.00 4489.00EA 4489.00 I EH8501000 ADRENALINE 850S PCI SCSI IMAGE 1.00 997.00 EA 997.00 ACCEL BD SC10260000 SCSI 2 TO SCSI 3 CABLE 1.00 7800 EA 78 00 THESE ARE IN STOCK** FREE GROUND FRT** 2.00 2085.00 EA 4170.00 Prices and availability are subject to change. This document is considered highly confidential and is ~ntended for use by CompServ and client representatives only. CompServ requests that no unauthorized copies be produced. TOTAL: 11362.00 '. '~ I Quote #.'135647 Date: 02119102 From: TERRI ROMANO, 800-521-2777 CompServ, Inc. 2325 Ulmerton Rd Ste 16, Clearwater, FI 33762 727-299 9220 FAX 727-299-9420 Page: 1 SPECIAL QUOTA TION PREPARED FOR MONTRI CHAISAKUL DELRAY BEACH CITY ATTN: ACCOUNTS PAYABLE 100 NW FIRST AVENUE DELRAY BEACH, FL 33444 561-243-7161 Item Descrjntion Otu Price UM CG01000465101 SCANPARTNER 93GX SHTFED SCAN 2 2 OD 1949.00EA 7PPM 400DPI S/ ETA 2/20 THRU MARCH M4097D~IPC DPLXSCAN 50PPM MONO SCSI ABOVE PRICE INCL $100. REBATE ADRENALINE 850S PCI SCSI IMAGE ACCEL BD SCSI 2 TO SCSI 3 CABLE BOTH SCANNERS COME WITH A 1YR WARR, ADV REPL, IF PROBLEM NOT RESOLVED VIA PHONE, THEY SHIP REPL AND YOU BOX UP AND RETURN TO FUJITSU* Fxtended ] 0G01000478201 1.00 5149.00EA EH8501000 3.00 997.00EA SC10260000 3.00 78.00 EA 3898.00 514900 2991.00 234.00 Prices and availability are subject to change. This document ~s considered highly confidential and is intended for use by CompSe.rv and client representatives only. CompServ requests that no unauthorized copies be produced TOTAL: 12272.00 AGENDA REQUEST Date: 03-21-02 Request to be placed on: x Consent Agenda Special Agenda Workshop Agenda When: 04-02-02 Description of agenda item: Approval of purchase of LaserFiche Document Imaging System From R&S Integrated Products and Services, Inc., under State Negotiated Agreement Price Schedule (SNAPS) Contract Number 2502011-2, in the amount of $48,567, and the purchase of Supporting hardware from various vendors, in the amount of $34,688 Fundin~ to come from Renewal and Replacement Fund 334-6112-519-64.12. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO Recommendation: Approval is recommended by the Finance Director, MIS Manager and City Clerk's Office. Determination of Consistency with Comprehensive Plan: n/a City Attorney Review/Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives (if applicable): Account Number. Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Action: Yes X No 334-6112-519-64.12 Office Equipment $204,403.19 ,/ Yes Approved: Disapproved: P.O. # City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden City Manager FROM: SUBJECT: C. Danvers Beatty, P.E. Deputy Director of Ui~ Barrier Island ICWW Force Main Crossing PROJECT NUMBER 2001-014 DATE: March 26, 2002 Attached is an agenda request, tabulation of Bids, location map and recommendation memorandum from Mathew's Consulting, Inc., the project engineer. The project consist of the installation of a 16" high density polyethylene force-main via directional drilling under the Intracoastal waterway. The new force-main will replace an existing 16" cast Iron force-main. Also included as part of this bid is the installation via directional drilling of an 8" water-main connection between the Sabal Lakes development and the Lake Forest development as well as an 8" conduit for Florida Teleport under the Intracoastal waterway. The firm of Cornerstone Businesses, Inc. is the apparent lowest responsive bidder with a total base bid proposal of $272,510.00 and Alternate "A" of $ 85,000.00. Florida Teleport has provided the funding for alternate "A" in accordance with the established agreement between themselves and the City of Delray Beach (see attached check). Based on the recommendation from Mathew's Consulting, Inc., the proposal and satisfactory references, we are recommending award of the project to Cornerstone Businesses, Inc. in the total amount of $357,510.00 for the base bid and alternate "A". Funding will be as follows: Amount Account No. Account Name $217,510.00 $ 55,000.00 $ 85,000.00 441-5181-536.63-74 441-5181-536.65-21 441-5181-536.69.23 Intracoastal Sewer Crossing Davis Rd./Lone Pine FI. Teleport Intracoastal Crossing If acceptable, please place this item on the April Commission CDB/cdb 2, 2002 Agenda for consideration CC: Richard C. Hasko, P.E., Director of Environmental Services Brian Shutt, Asst. City Attorney Randal Krejcarek, P.E., City Engineer Rafael Ballestero, Deputy Director of Construction Dave Mathews, P.E., Mathew's Consulting, Inc. City Clerks Office Agenda File by City $ ~Engddmin~Projectsl2OOl~2OOl-Ol4~OFFICIALL4gendaMEMO 040202 doc Z 0 . ~ , ~-- ' .... , ' ~"--~ ~ ~-- ~ - --t~: ..... *~. -- : ..... ~_ -'-- ~ .... ~.~. , ~ ~ ~, . ~ . .~ ............. ~ .... _~ ...... , -~ . , .... :~,,_ ~ ,~.. A T L A N T I ~ A'~-'~-~--U'-~ {~ C~ of DELRAY BEACH INmACOASTAL E~~ ~~ ~P~~ FORCE MAI N CROSSING ~~.~ ~~ ~~ 2001-014 MATHEWS CONSULTING r c. Ctvd and Env~ronmemal Engineers TO: FROM: DATE: SUBJECT: Dan Beatty, P.E. David L. Mathews, P.E.~.t-.~ ' March 5, 2002 City of Delray Beach (Project No. 2001-014) Barrier Island ICWW Force Main Crossing Bid Tabulation (Bid No. 2002-10) On Wednesday, February 13, 2002 at 3:00 PM, bids were received for Barrier Island ICWW Fome Main Crossing (Bid No. 2002-10). A total of nine (9) bids were received. The low bid was received from Cornerstone Business, Inc., located in Zephyrhills, Florida in the mount of $272,510.00. We have reviewed the proposal submittal by Cornerstone Business and have verified that they have performed satisfactory work for past directional drill projects with pipes larger than 16-inches in the State of Florida. To our knowledge, Cornerstone Business has not previously performed work in the City of Dekay Beach. Mathews Consulting met with Cornerstone Business at the City's Environmental Services Office on Friday March 1, 2002 to discuss their ability to perform the work based on their bid proposal price and the equipment that they will use for the project. Cornerstone Business indicated that they stand by their bid proposal price and that they have the personnel and equipment available to complete the project. They do not plan on subcontracting any work to other Contractors or renting any equipment to complete the project. Based on the proposal submitted and the references provided, we recommend award of the project to Cornerstone Business, Inc., in the amount of $272,510.00 based on their bid being the lowest and their past performance to perform the work. Attached please find a bid tabulation for your reference. If you have any questions, please do not hesitate to call. Enclosure C: Richard Hasko, City of Delray Beach Victor Majtenyi, City of Delray Beach Jacklyn Rooney, City of Delray Beach Barton Caronite, City of Delray Beach File No. 1094 Page I Mathews Consttlttng. Inc. · 1601 Belvedere Road. Suite 215S · We,'t Palm Beach. FL 33406 · 561-478-7961 · Fax 561-478-7964 AGENDA REQUEST Request t(~ be placed on: X Regular Agenda Special Agenda __ Workshop Agenda Agenda Item Date: March 26, 2002 When: April 2, 2002 Description of item (who, what, where, how much): Staff requests Commission Approval of a Bid award to Cornerstone Businesses, Inc. for directional drilling a 16" force-mare under the lntracoastal waterway and an 8" water-main connection between the Sabal Lakes development and the Lake Forest development. The total amount of the base b~d ~s $272,510.00. Also included as part of this bid ~s Alternate "A", the installation of an 8" conduit for Florida Teleport under separate agreement in the amount of $85,000.00. The total contract amount will be $357,510.00. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of award of the base bid and Alternate "A" to Cornerstone Businesses, Inc. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable)i Budget Director Review (r~xti~on all items involving expen&mre of funds): /"3~ Funding availabl~O [l//'~ Funding alternatives .- (if apphcable) (~A0vAcc°untN°' &Descnpnon' ' ~l-5~gl-~.~3-3q I~a~[ ~ O0%i% ~1 Account Bal~ce $ ~q ~ 2 5q W CiW M~ager Review: ~~ qql-s} gl . qq Z3 Approved for agen~:~O ~ ~fil~ Zq Z $ ~,~0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \\ESSRV002X~DEPARTMENTSXEngAdm~n~rojects\2001X2001-014\OFFICIAL\AgendaReq - 040202 doc www.delrayesd.com City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L Krejcarek, P.E.//~~ 15 Mar 2002 Color Copier Lease Commission Agenda Item The attached agenda item is for Commission approval for a lease agreement with AXSA Document Solutions. The lease agreement is for a color copier and has the following terms; 48 month term, 7,000 black and white and 1,000 color copies included. Overage copies are at $0.015 per black and white and $0.10 per color copy. The annual cost is as follows: 2002 $4,122.00 2003 $8,244.00 2004 $8,244.00 2005 $8,244.00 (April-Sept.) Several copiers were evaluated and the comparison is shown below (assuming 1,000 color and 7,000 B&VV copies per month): Copies Included Overage Billed/Copy Copier Cost/Month Term Color B&W Color B&W Total Cost Sharp 687.00 48 1,000 7,000 0.10 0.015 $32,976.00 Xerox 683.38 48 0 0 0.1473 0.015 $44,912.64 Toshiba 684.50 48 0 0 0.10 0.015 $42,696.00 Minolta 687.00 48 1,000 7,000 0.11 0.03 $32,976.00 Funding is provided from account #001-2911-519-44.30 and # 448-5411-538-44.30 Please place this item on the 02 Apr 2002 Commission Agenda. Thanks! enc cc: file S ~vvvvvvvvvvvvvvvvV~EngAdmtnV..ettersV~Ll, O, ClTYMGR~,O2apr2002 agenda memo doc '~N'29-2002 TUE 05:54 PM 9 FA× NO, O0 P. 02 PROPOSED EQUIPMENT: SHARP AR-CI60 DIGITAL COLOR COPIER NETWORK PRINT CONTROLLER FINANCIAL CONSIDERATI.0NS: TERM LEASE: 48 MONTHS (INCLUDES 7,000 B& W & 1,000 COLOR IMPRESSIONS PER MONTH) $687 SUPPLIES: $0 INCLUDED FOR THE ENTIRE TERM OF THE LEASE CONTRACT DcA MAINTENANCE: $0 '9) ~AI qTENANCE INCLU ., i DES ALL PARTS, LABOR, SUPPLIES AND ON-SITE 7,000 1,000 COLOR IMPRESSIONS PER SERVICE, COLOR IMPRESSIONS AND BILLED AT $.015 BLACK & WHITE AND $.10 FOR FULL COLOR PER IMPRESSION) .INCLUD, ES.' SHARP AR-CI60 DIGITAL COLOR COPIER AUTOMATIC DOCUMENT FEEDER FIRST COPY OUT TIME 9.8 SECONDS AUTOMATIC TWO SIDED COPYING/PRINTING REDUCTION / ENLARGEMENT 20 BIN SORTER/STAPLER NETWORK PRINT CONTROLLER UP TO 140 LB. INDEX - //co PHOTO MODE FREE DELIVERY FREE INSTALLATION FREE TRAINING 7800 Southland Blvd., Suite 100, Orlando, Florida 32809 · 5806 Breckenridge Pkwy, Tampa, Florida 33610 2940 NW Commerce Dr., Boynton Beach, Florida 33426 · 'J ,N-;03-2002 THLI 12:07 PN R×SR Marshall, MN 56258 Office Equipment Fax: 800,328.9092 III I FAX NO. 4072401595 P, 02/02 AGREEMI~N"F NUM BER Supplier:~I ~o,.Uo.s A Value Lease/Jgreement ?soo Southland Blvd. #100 Orlando, FL 32809 I This document is written in "Plain English". The words you and your refer Io the customer. The words Lessor, we, us and our refer to U.S. Bancorp Business Equipment Finance Group. Every attempt has been made Io eliminate confusing language and create a simple, easy-to-read document FULL LEGAL NAME OF CUSTOMER STREET ~,DORESS ~LLIHG ~E JIF DIFF~RE~ FROM ~) BILLINO STREET ~RE~ FAX CiTY STATE ZIP FEDORA[ TAX I D t/ E4,4Ail. EQUIPMENT LOCATION tlF DIFFERENT FROM ABOVe) END OF L£ASE OPTIONS: You will have the following options at Ihe end of Ihs original lets. provided the Lease has sol lermlnated early and no evenl of default under the Lease has occurred and is conlinuin9. 1 Purchase the Equrpmenl for the Fair Market Value, 2. Renew the Lease par paragraph 1. 3. Return Equipment as provided in Paragraph 6, THIS IS A NONCANCELABLE I IRREVOCABLE AGREEMENT, THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED, U.S. Bencorp DA'I'EO , , t.E~SOR Business Equipment Finance Group SIGNATURE , . TITLE PRINT TITLE Aa add~tional Inducement Ior us lo enter Into the ^g~eemenl, the undersigned (~ou") unconditionally personally guarantees thai the customer will make all payments and meal ell obtigallm~s required uel~e~' this Agreement end any supplements fuJly and promptly' You agree thai wa may make other arrangements Including compromise or Se~lemenl with Ifle customer and you wane a/I defenses end nGtme e~ those ch~gue and w~l remain responsible for the paymenl end obNgations o! this AgreemenL We do sol have to no!,ily you if the customer Is in deleulL If the customer defaults, you will immediately pay m sccor. danc~ with the deleull provision of the Agreement all ~ums due under the lares el the Agmemenl end wdl pedorm all the ol~igalh3n$ of the Agreement If II t~ ne~e~ary f~r us to prcoeed legally to Whim'me this guaranty, you expressly consent 10 the j*.,~tscll~tlen of Ihs cuurl set out In paragraph 15 and agree to pay all coats, including altomeys fees Incus'ed in enforcement of this guaranty. It Is sol necessary f~' us lo proceed first against tho customer balers enforcing this guaranty, By signing this guaranty, you authorize us to ot~in pea,oriel cre~ bureau reports fa' credit emi collection purpose~. U PRINT NAME OF GUARANTOR: SIGNATURE, X ..- DATE You certify that all Ihs equipment Ileled above has been furnished, that delivery and installation has been 6JIly c4)mpleted end~ satisfactory Further, all ¢o~nditlonl end terms of ads Agreemenl have been rede*wed and acknowledged, Upon your a~gnfng below, your promises herein wdl be ~evecable and uncomhttanal in all respects You undemtand and agree that we have purchased the equ~pmenl fi'om tim supplier, end you may ce43Iact Ihs above lsuppher [or your warranty rights, which we b'ansfer to you fm the term or the Agreement Your approval as indicated below or our purchase et' Ihs equipment from the Suppler L~ a cond~on precedenl to the elfe~liveness ~ th/e Agreemenl Xerox DocuColor Series ,50 with '10 Bin Sorter/Finisher Monthly Lease Payment - No Copy Minimum · 48 Month Term $683.38 , All Color impressions $.1473/each , All Black & White impressions $ .015/each Includes Service/Maintenance A All Supplies, excluding Paper and Staples Includes Trade of Xerox 5352 Copier Serial# 3HL105810 Terms and Conditions , includes a full day of customer training by a Xerox Customer Service Representative, documentation & Manuals Xerox Consulting , Free delivery, exclusive of any excess rigging Includes Xerox Promotional Monies until 10/31/01 , Pricing Per Putnam County Bid #97-2 expiring 11/28/02 G.E.M. II III.L . III II CITY OF DEL~Y BEACH .! oshlba,FC-15 Diglta!C~l~r Copier t?0 Access Codes for Accounting and Security ~ 5 Pages per Minute ~lor Copras Network Printer ~ 18 Full C~lor Prints Per Minute !~iiI'ROPOSED EQUIPMENT: 'l'oshiba F('- I Si ('~olor Copier System Aulornat~t Reversing Documenl Feeder ,,20 bin S~aplmg .'qoner :omatic Duplcxing Unit Fiery X3e EFI Print Controller · FAST 10 second first copy time · 960(11)PI X 600 DPI Image Quality (Best in Class) - up ti; 110 lb Index crud Stock · ~ Jp to, ~ 050 Sheet Paper C, apac~ty · 4 Beam Laser Umt / Fora D~ums Inhnc Straight Paper Path (1,024)10 bit Scanner · Rewrs:ng Automatic Document Feeder 50 Sheel Sina~t Feed By Pass · Reduction/Enlargement 25% ~ 400% · I } ~ 1 ~ Full Bleed Copying (edge to edge) ° ()ptumal EFI Fiery X3e Controller 36 MONTH $499.45 01 48 MONTH $479.50 SERVICE & MAINTENANCE: ~AI! h~cl,sivc service & supplies except paper & staples billed ~) $.10 per copy ~ ,,h~r $ 015 per copy black & white. Billed flat per copy for only thc Copies you use Example Do 7000, black and whi~e copies pay SI(iq {lO Do I000 color copies pay $100.00 :~;'.:ALSO INCI.UDED Ck.' NO CItARGE: Delivery, Installation & Training · Start Lip Supplies Free l.x)aner · Replm-cment Warranty ,From- Al ¢;IiRDIAN 954-428 1300 Ext. 3133 Or Cell 561 236-7063 Contract # DCPS 046 AAt I STATLWIDf;: [OLt ~ RL[ 1 -F, CIF) t) [X)PYC0 MINOLTA BOCA R~TON written by :Ron Cohen - Proposal for Jan 16th 2002. CITY OF DELRAY BEACH 434 S. SWINTON AVENUE DELI?AY BEACH, FLORIDA 33444 CF9OO 1 WITH FIERY X3E - Minolta CF9001(COPY & PRINT) 8 copies per minute in color 32 copies per minute in black and white 1 paper tray of 275 sheets universal 1 paper tray of 550 sheets 1 paper tray of 550 sheets 600X600 dpi COPY & PRINT RESOLUTION Zoom de 0.250 x 600 % ~ 0.1% . 11 x 17 " FULL BLEED" up to 11 x 17 Scanback Scan once print many technology LIMOS TECHNOLLOGY Copy/Print tracking system Up to 90lb. Index from 90 sheet bypass Automatic Document Feeder l0 Bin Sorter Automatic duplex unit Printer Controller X3e' - 128 MB of RAM - 6GB Hard Disk - 10/100 Base-T - EFI Spooler / Calibrator / Downloader - Adobe PS level 3 - PANTONE spot color matching - Supports TCP/IP, IPX/SPX, APPELTALK - WEB TOOLS CF 9001X3e Lease $ 687.00/ MONTH INCLUDES 7,000 B&W COPIES/PRINTS PER MONTH. INCLUDES 1,000 COLOR COPIES/PRINTS PER MONTH. Minolta Boca Raton 990 South Rogers C~rcle, Suite 8, Boca Raton, Ff 33487 Tel (800) 527-8651 Fax (561) 988-9987 MINOLTA BOCA RATON written by :Ron Cohen - Proposal for Jan 16th 2002. Our Partnership/ Our Service Between · Client · Minolta Boca Raton & CiTY OF DELRAY BEACH These prices are based on a 48 month lease with a zero down. All service and supplies, parts, labor, and toner for color (copier CFg001 ) copies and prints are at $0.11 (overages will be same) $0.03 for B&W. · Delivery: The day prior to delivery CITY OF DELRAY BEACH will be contacted by Minolta's admin, office to confirm delivery. · Installation- Once the equipment is delivered the Technician will set up the equipment. · Traininq- Preliminary training will be done instantly after, and a training session for everyone involved will be scheduled. And then it's ongoing training for as long as you own your equipment. Minolta Boca Raton 990 South Rogers C~rcle, Suite 8, Boca Raton, FI 33487 Tel (800) 527-8651 Fax' (561) 988-9987 AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 02 Apr 2002 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval for a lease agreement w~th AXSA Document Solutions The lease agreement is for a color cop~er and has the following terms, 48 month term, 7,000 black and white and 1,000 color copies ~ncluded. Overage copies are at $0 015 per black and white and $0.10 per color copy. The annual cost is as follows: 2002 2003 2004 2005 Department Head Signature: $4,122.00 (Apr-Sep) $8,244.00 $8,244.00 (~ $8,24~0 ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number 001-2911-519-44.30 and 448-5411-538-44.30 Description Account Balance: Funding Alternatives: City Manager Review: for Agenda: ~ / No Initials: Approved Hold Until: Equipment Rental/Lease $ 2,746.00 & 2,750.00 (if applicable) Agenda Coordinator Review: Received: S:\EngAdmxn\Letters\RLK\CITYMGR\02apr2002 agenda doc Memo To: David Harden - City Manager ~//~__ From: Lula Butler - Director of Community Improvement Re: Request for an Appeal of the Decision of the Site Plan Review and Appearance Board March 29, 2002 Date: Item Before the Commission: City Commission consideration of an appeal by the agent representing the owners of Pollo Tropical business, located at 950 Linton Boulevard, to the decision made by the Site Plan Rewew and Appearance Board on February 27, 2002. Background: The agent representing the Pollo Tropical business presented a s~gn package requesting an exception to the blanket program established for the shopping center by the Site Plan Rewew and Appearance Board (SPRAB) at their regular meeting of February 27. The blanket calls for green individual letters for flat wall s~gns and red copy on a white background for freestanding signs. The apphcant requested approval to use their corporate colors of yellow and white copy on a green and red background freestanding signs and red indiwdual channel letters for the flat wall signs. Their package included one freestanding monument sign, a menu board and two directional and flat wall signs. The SPRAB board passed a motion 4-0 to approve the s~gn package subject w~th conditions: The interior signs and colonng be as proposed; the menu board sign area be reduced to 24-sq.ft; the monument sign be two colors with green background and yellow letters for both "Pollo Tropical" and "Chicken on the Grill"; and that the monument sign be provided w~th underground landscaping per Ms. Nancy Dawla, City Horticulturist. The owner is requesting the use of the standard corporate colors as presented to the board for the free-standing sign. Recommendation Staff is recommending City Cornmassion approval of the appeal as made by the agent representing Pollo Tropical providing for the use of their standard corporate colors for the free° standing sign. LB:AS Pollotroplcal.4-2-02 PROPOSED MONUMENT SIGN 51GN AP-,EA=40 5Q.h-T. (4'-8"x~'-~") MAX. 51GN AP--,~A ALLOWED='74 ,.~Q.P'T'. BI LINTON I~OULEVAR. E) ¢ ,~.W'. I Ol::h AVENUE DELI~.AY I~EACI-I, FLOR. IDA Date: 3/29/02 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular When: April 2, 2002 Description of Agenda Item: __ Special __ Workshop __ Consent Appeal to SPRAB's Regarding Changes to the Free-Standing Sign for Pollo Tropical, 950 Linton Boulevard Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval of Applicant's Request Department Head Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Altematives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~ /No~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM~A~-REGULAR MEETING OF APRIL 2, 2002 REOUEST FOR WAIVER/POLLO TROPICAL MARCH 29, 2002 This is before the Commission to consider approval of a waiver request to LDR Section 4.6.7(G)(7) governing the location of fiat wall signs from the agent representing the Pollo Tropical business located at 950 Linton Boulevard. The agent is requesting approval of a waiver to LDR Section 4.6.7(G)(7) which states that signs must face a dedicated street, providing for the ability to erect a fiat wall sign on the east elevation of the building tower. This fiat wall sign, identical to the one that will be on the north elevation, will be 21.2 square feet, internally illuminated red channel letters to read "Pollo Tropical". The Site Plan Review and Appearance Board (SPRAB) is in support of the waiver to allow this sign as requested, establishing a hardship with the access and location of the building. SPRAB states that vehicles traveling west on Linton Boulevard need to make a left mm accessing the primary entrance into the Linton International Plaza shopping center. Drivers will need to be able to see the business sign sufficiently enough to make the mm. Vehicles cannot make a left mm into the shopping center from the next intersection at 10~ Avenue and Linton. Recommend approval of the waiver request from Pollo Tropical based on the hardship statement and support of SPRAB. S:\C~ty Clerk\chevelle folder\agenda memos\Pollo Tropical waiver request04.02 02 Memo 1'o: David Harden, City Manager From: Lula Butler, Director, Community Improvemen~ Date: March 29, 2002 Re: Request for a Waiver to Section 4.6.7(G)(7) of the Land Development Regulations Goveming Signs for the Pollo Tropical Business ITEM BEFORE THE COMMISSION: City Commission consideration of a request, from the agent representing the Pollo Tropical business, for a waiver to Section 4.6.7(G)(7) of the Land Development regulations (LDR's) goveming the location of fiat wall signs. The business is located at 950 Linton Boulevard. BACKGROUND: The agent representing the Pollo Tropical business presented a sign package requesting an exception to the blanket program established for the shopping center by the Site Plan Review and Appearance Board (SPRAB) at their regular meeting of February 27. The blanket calls for green individual letters for fiat wall signs and red copy on a white background for free-standing signs. The applicant requested approval to use their corporate colors of yellow and white copy on a green and red background free-standing signs and red individual channel letters for the fiat wall signs. Their package included one free-standing monument sign, a menu board and two directional and fiat wall signs. The agent is requesting approval of a waiver to Section 4.6.7(G)(7), which states that signs must face a dedicated street, providing for the ability to erect a fiat wall sign on the east elevation of the building tower. This fiat wall sign, identical to the one that will be on the north elevation, will be 21.2 square feet, intemally illuminated red channel letters to read "Pollo Tropical." SPRAB is in support of the waiver to allow this sign as requested establishing a hardship with the access and location of the building. They maintain vehicles traveling west on Linton Boulevard will need to make a left turn accessing the primary entrance into the Linton Intemational Plaza shopping center. Drivers will need to be able to see the business sign sufficiently enough to make the turn; vehicles cannot make a left tum into the shopping center from the next intersection at 10th Avenue and Linton. ®P~el Section 2.4.7(B) of the LDR's allows the City Commission to grant waivers to this section of the code governing signs. The code states that before granting a waiver, the Commission shall make a finding of fact based on one of the following: Shall not adversely affect the neighboring area Shall not significantly diminish the provision of public Shall not create and unsafe situation; and Does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. RECOMMENDATION: Staff is recommending City Commission approval of the request from the agent representing Pollo Tropical to Section 4.6.7(G)(7) of the LDR's, providing for the erection of a fiat wall sign on the east elevation of the building tower based on the hardship statement and support of the Site Plan Review and Appearance Board. LB:DQ Pollotropical.march2002 · Page 2 \$erverl\projects\Pollo\belray Beach\Arch\$ZGNAGE ll-19-01\5Gl.dwg, 03/:>5/02 03:07:47 PM, Lui~ prollot IlOI ~ --~ s I. t~ A~ Iflllneednl * Irohlteotwe * pllnnMg 16800 NEW BA~ ROAD 8U~E ~e · ~AMI LAKES, FLORIDA 8~014 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER,S/~/ AGENDA ITEM~JL~-I~EGULAR MEETING OF APRIL 2, 2002 REQUEST FOR WAIVER/POI.LO TROPICAL MARCH 29, 2002 This is before the Commission to consider approval of a waiver request to LDR Section 4.6.7(G)C7) governing the location of flat wall signs from the agent representing the Pollo Tropical business located at 950 l.inton Boulevard. The agent is requesting approval of a waiver to LDR Section 4.6.7(G)(7) which states that signs must face a dedicated street, providing for the ability to erect a flat wall sign on the east elevation of the building tower. This flat wall sign, identical to the one that will be on the north elevation, will be 21.2 square feet, internally illuminated red channel letters to read "Pollo Tropical". The Site Plan Review and Appearance Board (SPRAB) is in support of the waiver to allow this sign as requested, establishing a hardship with the access and location of the building. SPRAB states that vehicles traveling west on Linton Boulevard need to make a left mm accessing the primary entrance into the Linton International Plaza shopping center. Drivers will need to be able to see the business sign sufficiently enough to make the mm. Vehicles cannot make a left mm into the shopping center from the next intersection at 10a' Avenue and Linton. Recommend approval of the waiver request from Pollo Tropical based on the hardship statement and support of SPRAB. S:\City Clerk\chevelle folder\agenda memos\Pollo Trol~cal w:uver request.04.02 02 Memo To: David Harden, City Manager i/%. From: Lula Butler, Director, Community Improvemen~l~fi Date: March 29, 2002 Re~ Request for a Waiver to Section 4.6.7(G)(7) of the Land Development Regulations Goveming Signs for the Pollo Tropical Business ITEM BEFORE THE COMMISSION: City Commission consideration of a request, from the agent representing the Pollo Tropical business, for a waiver to Section 4.6.7(G)(7) of the Land Development regulations (LDR's) goveming the location of fiat wall signs. The business is located at 950 Linton Boulevard. BACKGROUND: The agent representing the Pollo Tropical business presented a sign package requesting an exception to the blanket program established for the shopping center by the Site Plan Review and Appearance Board (SPRAB) at their regular meeting of February 27. The blanket calls for green individual letters for fiat wall signs and red copy on a white background for free-standing signs. The applicant requested approval to use their corporate colors of yellow and white copy on a green and red background free-standing signs and red individual channel letters for the fiat wall signs. Their package included one free-standing monument sign, a menu board and two directional and fiat wall signs. The agent is requesting approval of a waiver to Section 4.6.7(G)(7), which states that signs must face a dedicated street, providing for the ability to erect a fiat wall sign on the east elevation of the building tower. This fiat wall sign, identical to the one that will be on the north elevation, will be 21.2 square feet, internally illuminated red channel letters to read "Pollo Tropical." SPRAB is in support of the waiver to allow this sign as requested establishing a hardship with the access and location of the building. They maintain vehicles traveling west on Linton Boulevard will need to make a left turn accessing the primary entrance into the Linton Intemational Plaza shopping center. Drivers will need to be able to see the business sign sufficiently enough to make the turn; vehicles cannot make a left turn into the shopping center from the next intersection at 10t~ Avenue and Linton. ®P~el Section 2.4.7(B) of the LDR's allows the City Commission to grant waivers to this section of the code governing signs. The code states that before granting a waiver, the Commission shall make a finding of fact based on one of the following: Shall not adversely affect the neighboring area Shall not significantly diminish the provision of public Shall not create and unsafe situation; and Does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. RECOMMENDATION: Staff is recommending City Commission approval of the request from the agent representing Pollo Tropical to Section 4.6.7(G)(7) of the LDR's, providing for the erection of a fiat wall sign on the east elevation of the building tower based on the hardship statement and support of the Site PLan Review and Appearance Board. LB:DQ Pollotmpical.march2002 · Page 2 \Serverl\pro~ects\Pollo\belray Beach\Arch\$IGNAGE ll-29-O~\SGl.dwg, 03/25/02 03:07:47 PM, LuL~ drlwn by, Lv~14~ rlvlllO~l Bell s.lr. ~OLb A~ engineering · er~lteotwe · pllnn~g [~ . · ,~nA I ' ---~ 18800 NEW BARN ROAD 8U~B ~8 · MIAMI LAKE8 FLORIDA ~3014 I ~88~ ~4' -~ Date: 3/29/02 AGENDA REQUEST Agenda request to be placed on: X Regular When: April 2, 2002 Description of Agenda Item: __ Special __ Workshop ~ Consent Request for Waiver to Section 4.6.7 (G) (7) of the Land Development Regulations Governing Signs - Pollo Tropical, 950 Linton Boulevard Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda'~e)/No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved CC; TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR O~ANNING AND ZONING SCOTT D. PAPE, SENIOR PLANNER.,~~'-~~ MEETING OF APRIL 2, 2002 CONDITIONAL USE REQUEST TO ESTABLISH A VETERINARY CLINIC LOCATED AT THE NORTHEAST CORNER OF FEDERAL HIGHWAY AND TROPIC ISLE DRIVE (3205 SOUTH FEDERAL HIGHWAY). The subject property involves a 5,300 square foot tenant space within the Tropic Isle Harbor Shopping Center (Parcel "A" of the Pelican Harbor Plat). At its meeting of June 23, 1981, the City Commission approved the rezoning (Ordinance #43-81) of the property from RM-10 to SAD, conditional use, and site plan. The shopping center was constructed and a site plan modification to restripe the parking area to provide 10 additional compact parking spaces was approved by City Commission on May 9, 1989. An application has been submitted for a conditional use to establish a 5,300 square foot veterinary clinic within the existing 13,646 square foot shopping center. The hours of operation are Monday through Friday 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 1:00 p.m. The services will include dental care, ultrasound, laser, radiographic, surgical and neurological diagnosis. The floor plan indicates 651 square feet of kennel space within the building, which will be used for short-term observation of animals and a day-care component. At its meeting of March 18, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. There were several members from the public that expressed concerns with the proposed use, which included concerns over odors, noise, lighting, hours of operation, and boarding of animals. After discussing the proposal, the Board unanimously voted to recommend approval of the veterinary clinic subject to the following condition: That the over-night boarding of animals shall be prohibited. Approve the Conditional Use request to establish a veterinary clinic for Lund Animal Hospital, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and the policies of the Comprehensive Plan, subject to the condition that over-night boarding of animals be prohibited. Attachment: P&Z Staff Report and Documentation of March 18, 2002 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: March 18, 2002 IV.A. Conditional Use Request to Allow the Establishment of a Veterinary Clinic for Lund Animal Hospital, Located in the Pelican Harbor Shoppes at the Northeast Corner of South Federal Highway and Tropic Isles Drive. GENERAL DATA: Owner .................................. Alfred Wenk Applicant/Agent ..................... Scott O. Lund D.V.M. Location ..................................... East side of Federal Highway, approximately 125' south of Lindell Boulevard. Property Size ............................. 1.476 Acres Future Land Use Map ................ GC (General Commercial) Current Zoning ........................... PC (Planned Commercial) Adjacent Zoning ............... North: AC (Automotive Commercial) East: South: West: Existing Land Use ...................... Proposed Land Use ................... Water Service ............................ Sewer Service ........................... RM (Medium Density Residential) GC (General Commercial) PC (Planned Commercial) Commercial Shopping Center Establishment of a veterinary clinic. Existing on site. Existing on site. HOMES SHERWOOD HONDA MOBILE HOMES DELRA Y SHOPPING C£k'7?P LINDELL ~L VD. AVENUE L BO~A ISL[ CONDO TROPIC ISLE DR PELICAN =31NTE CONDO r N IV.A. The action before the Board is a request for Conditional Use approval for Lund Animal Hospital, pursuant to Section 2.4.5(E). The subject property is located at the northeast corner of Federal Highway and Tropic Isle Drive (3205 South Federal Highway). The subject property involves a 5,300 square foot tenant space within the Tropic Isle Harbor Shopping Center (Parcel "A" of the Pelican Harbor Plat). At its meeting of June 23, 1981, the City Commission approved the rezoning (Qrdinance #43-81) of the property from RM-10 to SAD, conditional use, and site plan. The shopping center was constructed and a site plan modification to restripe the parking area to provide 10 additional compact parking spaces was approved by City Commission on May 9, 1989. An application has been submitted for a conditional use to establish a 5,300 square foot veterinary clinic within the existing 13,646 square foot shopping center, which is the request now before the Board. The hours of operation are Monday through Friday 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 1:00 p.m. The services will include dental care, ultrasound, laser, radiographic, surgical and neurological diagnosis. The floor plan indicates 651 square feet of kennel space within the building, which will be used for short-term observation of animals and a day-care component. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, 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, 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 consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of General Commercial and is zoned PC (Planned Commercial), thus the zoning is consistent with the FLUM designation. Within the PC zone district, veterinary clinics are allowed as a conditional P&Z Board Staff Report Lund Animal Hospital - Conditional Use Page 2 use [LDR Section 4.4.12(D)]. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency with respect to water, drainage, and parks & open space are not applicable to the proposed conversion of the tenant space from retail to a veterinary clinic. The following concurrency issues apply to the proposed conversion: Streets and Traffic: A traffic impact statement has been submitted indicating that the proposed change of use from retail to veterinary clinic will result in a net reduction of 403 average daily trips onto the surrounding roadway network. The traffic impact analysis complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding with respect to traffic concurrency can be made. Solid Waste: The proposed conversion of the 5,300 square foot general commercial space which generates 27.03 tons of solid waste per year to a veterinary clinic will result in a net reduction of 14.84 tons per year [27.03 (retail)- 12.19 (medical office) = 14.84]. Since the conversion of use will result in a net reduction of solid waste generation a positive finding can be made with respect to solid waste concurrency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were noted. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; P&Z Board Staff Report Lurid Animal Hospital - Conditional Use Page 3 B. Nor that it will hinder development or redevelopment of nearby properties. The property is bordered by the following zoning designations and uses: Direction Zoninq Uses North AC West PC South GC & RM East RM Presidential Auto Leasing and Sales Walgreen's & Waterway Village Dental Clinic & Pelican Harbor Boca Isle Condominium The proposed animal clinic will be compatible with the surrounding commercial uses. The proposed clinic will be completely enclosed within the existing commercial plaza. There is no "dog run" proposed with the conditional use. However, the applicant has indicated that animals will be leashed and walked within the open space on the east side of the building and picked-up after by staff. There is an existing 6'-high concrete block wall along the eastern property line, which will screen this activity. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved, a site plan submittal complying with the Land Development Regulations would normally be required. However, given the nature of the request in which no exterior modification is proposed a site plan submittal will not be required. Along with the Conditional Use request, a sketch plan was submitted and reviewed by staff and the following technical item is noted. Parking: The Land Development Regulations do not provide a parking rate for veterinarian clinics. Medical offices is the nearest comparable use and requires 5 spaces/I,000 sq.ft, of floor area. However, the medical office rate seems excessive for a typical veterinary clinic. Since the property is zoned PC (General Commercial) it is recommended that the general commercial rate of 4.5 spaces/I,000 sq.ft, be used. Since the shopping center was established with a parking area that exceeds the general commercial parking rate of 62 spaces (77 spaces provided), adequate parking for the proposed clinic exists on-site. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). P&Z Board Staff Report Lund Animal Hospital - Conditional Use Page 4 Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: El Tropic Bay El Tropic Harbor E! Tropic Isles El Pelican Harbor El PROD (Progressive Residents of Delray) E] Presidents Council Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed Conditional Use request is to establish a 5,300 square foot veterinary clinic within the existing Pelican Harbor Shoppes shopping center and is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. The only foreseeable conflict with the adjacent residences to the east is the practice of walking the animals along the east side of the building. However, as noted previously the shopping center has provided a 6'-high masonry wall, which buffers the rear of the center from the residences. Therefore, the wall should provide sufficient buffer between this area and the residences. Positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made. Since the proposed use does not involve modification to the exterior of the property, there will be no site plan modification associated with this conditional use. 1. Continue with direction. Recommend approval of the conditional use request for a veterinary clinic for Lund Animal Hospital based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the conditional use request for a veterinary clinic for Lund Animal Hospital based upon a failure to make positive findings with respect to P&Z Board Staff Report Lund Animal Hospital - Condihonal Use Page 5 Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the proposed use will hinder development or redevelopment of nearby properties. Recommend to the City Commission approval of the conditional use request for a veterinary clinic for Lund Animal Hospital, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan. Attachments: Sketch Plan Floor Plan Report prepared by: Scott Dedeaux Pape, Senior Planner liiiiiii iii, MT I1.,. I'~'~ Issw,AI~M,A~ '1'' st "r Ol'~tC.E ~, LUND ANIMAL OLINI¢ -- r:~:::~O'T'r O. LUND. D.V.M. P.A. George F. White ^J~. ~,~ ~:iat~. ~. PARKING -- SP~.CES EXISTING STRiJCTURE 56.1" ~,Tk41NC~ I~&' x I' ~III~C~ING F-T-T- LUND ANIMAL CLINIC -- ,~K:::O"i--F O. LUND, D.V.bt. P.A. ~ Geor§e F, White ^.~ ar~ ~o~iate~. ~ . . DELRA Y N ~ LUND ANIMAL HOSPITAL CITY OF DE~AY BEA~, FL PLANNINg ~ Z~IN~ DEPAR~ENT TO: THRU: FROM: SUBJECT: DAVID T. HARDEN~~.~A~. PAUL DORLING, I~LANN~ JEFFREY A. COSTE LLO, ~I~IPA'L-PLANNE R MEETING OF APRIL 2, 2002 CONSIDERATION OF A WAIVER REQUEST TO LDR SECTION 6.1.37 WHICH REQUIRES THE INSTALLATION OF SIDEWALKS ALONG NE 4TM STREET AND FISHER LANE IN CONJUNCTION WITH THE CONSTRUCTION OF TWO SINGLE FAMILY HOMES. The waiver request has been submitted in conjunction with a proposal to redevelop the properties located at the northeast corner of NE 4th Street and Fisher Lane (Lots 42-45, Las Palmas Subdivision), which are zoned R-l-AA (Single Family Residential). These lots are under one ownership and previously contained a single family residence, which was recently demolished. Two building permit applications have been submitted by the developer, The Brookfield Company, to construct two two-story single family residences each containing approximately 6,600 sq.ft, under air (404 and 408 Fisher Lane). At its meeting of December 19, 2001, the Board of Construction Appeals upheld an appeal by the developer of the City Engineer's decision to reduce the ultimate right-of-way width for Fisher Lane from 60' to 20' and to require an additional of 8' right-of-way dedication for Fisher Lane. The Board felt that increasing the existing 12' wide right-of-way to 20' would impact the historical character of the street and therefore did not require any dedication of right-of-way. However, the Board's Final Order states that the Board's decision does not prevent the City from requesting any easements from the applicant as it relates to the development of the project. The developer is dedicating an 8' wide combination utility and sidewalk easement along the west side of the properties abutting the east right-of-way line of Fisher Lane. Pursuant to LDR Section 6.1.3(B)(1), redevelopment of the properties requires the installation a 5' wide sidewalk along Fisher Lane and NE 4th Street. The applicant has submitted a request to waive this requirement: WAIVER REQUEST: LDR Section 6.1.3(D)(1)(b) (Relief from Sidewalk Installation - Residential), states that where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalks along only one side of the street, during the site plan or plat process, as appropriate. Similarly, a complete waiver may also be granted. Further, LDR Section 6.1.3(D)(3) states that situations where it is inappropriate to install a sidewalk concurrent with development, the sidewalk installation requirement may be met by the payment of funds sufficient to install the sidewalk. The applicant has submitted a request to waive this requirement based upon the following: MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF WEINER & ARONSON, P.A. A'I'rORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Flodda 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-maih delraylaw@bellsouth, net OF COUNSEl: ROBERT MARC SCHWARIZ, PA. Ronda Bar Board Certified Real Estate Lawyer March 12, 2002 Via Hand-Defivery City Clerk The City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: The Brookfield Company ("Brookfield"); Lots 42, 43, 44, 45, Las Palmas Subdivision according to the Plat thereof, recorded in Plat Book 10, Page 68 of the Public Records of Palm Beach County, Florida, together with that part of Canal Street vacated and abandoned by the City of Delray Beach by Resolution No. 12-68, by and between the prolongation east of the north property line of said Lot 42 and south property line of Lot 45 (the "Property") Our File No.: BROK002 Ladies and Gentlemen: This letter constitutes an application for a waiver pursuant to Section 2.4.7(B) of the Land Development Regulations of Delray Beach, Florida ("LDR") involving the granting of a relief from a specific development regulation. The applicant is Brookfield. In this instance, Brookfield is requesting that with respect to the above-captioned Property that the City's request to construct a sidewalk running approximately one hundred forty-six feet (146') along the most southerly border of my client's property and parallel to N.E. 4t~ Street and a sidewalk running parallel to Fisher Lane, be waived. The Property is bounded on the west by Fisher Lane. Fisher Lane is presently a public right-of-way twelve feet (12') in width. Fisher Lane is public ingress and egress for two (2) existing single-family homes and for the property owned by Brookfield. Brookfield shall be constructing two (2) additional single-family homes. It is the construction of a sidewalk for which a wavier of Section 6.1.3 of the LDR's is requested. The justification for granting the waiver is as follows: RECEIVED MAE ! 3 200Z FROM: JEFFREY A. COSTELLO~'-~~R~ SUBJECT: MEETING OF APRIL 2, 2002 CONSIDERATION OF A WAIVER REQUEST TO LDR SECTION 6.1.3~ WHICH REQUIRES THE INSTALLATION OF SIDEWALKS ALONG NE 4TM STREET AND FISHER LANE IN CONJUNCTION WITH THE CONSTRUCTION OF TWO SINGLE FAMILY HOMES. The waiver request has been submitted in conjunction with a proposal to redevelop the properties located at the northeast corner of NE 4th Street and Fisher Lane (Lots 42-45, Las Palmas Subdivision), which are zoned R-l-AA (Single Family Residential). These lots are under one ownership and previously contained a single family residence, which was recently demolished. Two building permit applications have been submitted by the developer, The Brookfield Company, to construct two two-story single family residences each containing approximately 6,600 sq.ft, under air (404 and 408 Fisher Lane). At its meeting of December 19, 2001, the Board of Construction Appeals upheld an appeal by the developer of the City Engineer's decision to reduce the ultimate right-of-way width for Fisher Lane from 60' to 20' and to require an additional of 8' right-of-way dedication for Fisher Lane. The Board felt that increasing the existing 12' wide right-of-way to 20' would impact the historical character of the street and therefore did not require any dedication of right-of-way. However, the Board's Final Order states that the Board's decision does not prevent the City from requesting any easements from the applicant as it relates to the development of the project. The developer is dedicating an 8' wide combination utility and sidewalk easement along the west side of the properties abutting the east right-of-way line of Fisher Lane. Pursuant to LDR Section 6.1.3(B)(1), redevelopment of the properties requires the installation a 5' wide sidewalk along Fisher Lane and NE 4th Street. The applicant has submitted a request to waive this requirement: WAIVER REQUEST: LDR Section 6.1.3(D)(1)(b) (Relief from Sidewalk Installation - Residential), states that where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalks along only one side of the street, during the site plan or plat process, as appropriate. Similarly, a complete waiver may also be granted. Further, LDR Section 6.1.3(D)(3) states that situations where it is inappropriate to install a sidewalk concurrent with development, the sidewalk installation requirement may be met by the payment of funds sufficient to install the sidewalk. The applicant has submitted a request to waive this requirement based upon the following: City Commission Documentation Meeting Of April 2, 2002 Sidewalk Waiver on Fisher Lane and NE 4th Street (404 & 408 Fisher Lane) Page 2 There is no logical reason for building sidewalks in this area. Any sidewalk to be built would not link to any other sidewalk. Building sidewalks would only create safety hazards for pedestrians. For instance, pedestrians would have to cross streets at mid-block if sidewalks were installed. 2. A sidewalk would detract from the aesthetics of the community. WAIVER ANAL YSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) (b) (c) (d) Shall not adversely affect the neighboring area; Shall not significantly diminish the provision of public facilities; Shall not create an unsafe situation; or, Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Comprehensive Plan Policies: ^ review of the goals, objectives and policies of the City's Comprehensive Plan was conducted and the following are the most applicable as they pertain to this waiver request. TRANSPORTATION ELEMENT GOAL AREA "D": ALTERNATIVE (TO THE AUTOMOBILE) TRANSPORTATION OPTIONS SHALL BE CREATED ESPECIALLY FOR RECREATIONAL AND LEISURE PURPOSES. Transportation Element Objective D-l: Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles. Providing for such separation shall be a mandatory criteria of development review and shall address the following: Transportation Element Policy D-1.1: All new development and redevelopment shall provide for the installation of sidewalks or otherwise accommodate pedestrian traffic so that a pedestrian does not have to use vehicular travelways to access common areas or neighboring properties. Transportation Element Policy D-1.2: The provision of a pedestrian system apart from the street as well as within rights-of-way shall be explored with review of each development. Specific focus shall be given to access to waterways, to parks, between residential development, and along access routes to schools including such systems through developments. Coastal Management Element Policy B-1.4: The City shall retain all existing public access to the Intracoastal Waterway, including street ends, and should consider enhancement of the street ends as pocket parks with reasonable use restrictions including limiting hours of operation. The provision of the sidewalks along both Fisher Lane and NE 4th Street will fulfill the above Goal, Objective and Policies. The sidewalk along both streets will provide separation of different forms of transportation which will not require pedestrians to use vehicular travelways to access common areas City Commission Documentation Meeting Of April 2, 2002 Sidewalk Waiver on Fisher Lane and NE 4th Street (404 & 408 Fisher Lane) Page 3 (proposed pocket park) or neighboring properties. While the applicant's justification statement cites safety concerns, there is no question that separation of pedestrian ways from vehicular travelways is much safer. With regard to crossing the street at mid-block, while the sidewalk along Fisher Lane would terminate mid-block at this time, it is the goal to obtain sidewalks from the properties to the north with their redevelopment. It is not unusual to have pedestrian crosswalks mid-block as is the case with those along Pineapple Grove Way, which is a commercial street. If it is determined at a later date that a sidewalk should be installed on the west side of Fisher Lane, north of this development, the crosswalk can be designed accordingly to provide maximum pedestrian safety. In response to Coastal Management Element Policy B-1.4, the City is currently in the process of obtaining funding from the Florida Inland Navigational District (FIND) to improve the east end of NE 4th Street adjacent to the Intracoastal Waterway as a pocket park. The sidewalks will provide a pedestrian system apart from the street to accommodate access to the proposed pocket park as well as neighboring properties. With regard to aesthetics, redevelopment of these properties to accommodate 6,600 sq.ft, homes will alter the character of the neighborhood. Provision of 5' wide sidewalks will not alter the character. The majority of the City's historic districts contain sidewalks and sidewalks are being installed within the Del-Ida Park Histodc District. These sidewalks will provide the desired pedestrian linkages that have been identified in the City's Comprehensive Plan. The Development Services Management Group (DSMG) and the City Engineer reviewed the waiver request and did not support the waiver based upon the reasons embodied in the Comprehensive Plan policies referenced above. The proposed waiver will significantly diminish the provision of public facilities/access to the proposed pocket park. As a sidewalk currently does not exist along either Fisher Lane or NE 4th Street, a substandard situation will be allowed to continue if the waiver is granted. The provision of a sidewalk will be the first step in rectifying this situation. As development and redevelopment occurs, other properties will be required to install sidewalks to provide a continuous pedestrian network. The granting of a waiver may result in a special privilege as other properties or developments under similar circumstances may not be granted a waiver due to the need to fulfill the Comprehensive Plan policies to provide pedestrian access to waterways, parks, between residential development, and along access routes to schools. Based upon the above, it is appropriate to deny the waiver request. 1. Continue with direction. 2. Approve the waiver to LDR Section 6.1.3 to not install sidewalks along Fisher Lane and NE 4th Street, based upon positive findings with respect to LDR Section 2.4.7(B)(5). Approve the waiver to LDR Section 6.1.3 to not install the sidewalk along Fisher Lane based upon positive findings with respect to LDR Section 2.4.7(B)(5) and deny the wavier request along NE 4th Street based upon a failure to make positive findings with respect to Transportation Element Goal Area "D' and its supporting objective and policies. Deny the waiver to LDR Section 6.1.3 to not install sidewalks along Fisher Lane and NE 4th Street based upon a failure to make positive findings with respect to Transportation Element Goal Area "D" and its supporting objective and policies. City Commission Documentation Meeting Of April 2, 2002 Sidewalk Waiver on Fisher Lane and NE 4th Street (404 & 408 Fisher Lane) Page 4 Deny the waiver to LDR Section 6.1.3 to not install sidewalks along Fisher Lane and NE 4th Street based upon a failure to make positive findings with respect to Transportation Element Goal Area "D" and its supporting objective and policies, and provide the payment of the cost of the sidewalks in-lieu of installation concurrent with development. Deny the waiver to LDR Section 6.1.3 to not install sidewalks along Fisher Lane and NE 4th Street based upon a failure to make positive findings with respect to Transportation Element Goal Area "D" and its supporting objective and policies. Attachments: Request Letter Location Map Survey MICHAEL S. WEINER CA.ROLE J. ARONSON JASON S. MANKOFF WEINER & ARONSON, P.A. A'[TORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Flodda 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-maih delraylaw@bellsouth.net OF COUNSEl' ROBERT MARC SCHWARTZ, Pall Ronda Bar Board Certified Real Estate Lawyer March 12, 2002 Via Hand-Delivery City Clerk The City of Delray Beach 100 N.W. 1 .,t Avenue Delray Beach, Florida 33444 Re: The Brookfield Company ("Brookfield"); Lots 42, 43, 44, 45, Las Palmas Subdivision according to the Plat thereof, recorded in Plat Book 10, Page 68 of the Public Records of Palm Beach County, Florida, together with that part of Canal Street vacated and abandoned by the City of Delray Beach by Resolution No. 12-68, by and between the prolongation east of the north property line of said Lot 42 and south property line of Lot 45 (the "Property") Our File No.: BROK002 Ladies and Gentlemen: This letter constitutes an application for a waiver pursuant to Section 2.4.7(B) of the Land Development Regulations of Delray Beach, Florida ("LDR") involving the granting of a relief from a specific development regulation. The applicant is Brookfield. In this instance, Brookfield is requesting that with respect to the above-captioned Property that the City's request to construct a sidewalk running approximately one hundred forty-six feet (146') along the most southerly border of my client's property and parallel to N.E. 4~ Street and a sidewalk running parallel to Fisher Lane, be waived. The Property is bounded on the west by Fisher Lane. Fisher Lane is presently a public right-of-way twelve feet (12') in width. Fisher Lane is public ingress and egress for two (2) existing single-family homes and for the property owned by Brookfield. Brookfield shall be constructing two (2) additional single-family homes. It is the construction of a sidewalk for which a wavier of Section 6.1.3 of the LDR's is requested. The justification for granting the waiver is as follows: RFOEIVED MAR ! 3 2002 ZONING City Clerk March 12, 2002 Page 2 1. There is no logical rsason for building sidewalks i~ this area. Any sidewalk to be built would not link to any other sidewalk. Building sidewalks would only create safety hazards for pedestrians. For instance, pedestrians would have to cross streets at mid- block if sidewalks were installed. 2. A sidewalk would detract from the aesthetics of the community. The waiver is justified. Section 6.1.3(D)(1)(b) of the LDR's provides relief from sidewalk installation, including a complete waiver, where it is clear that the sidewalk will not serve its intended purpose of providing a safe place for pedestrian travel. As a result, the City can make the findings called for under LDR Section 2.4.7(B). Additionally, there is no special privilege in this case. You would apply the same standards to any other street which enhanced residential neighborhoods and you would not force sidewalks to be built on such a street where it would degrade the neighborhood. Therefore, for all of these reasons, we hereby request that the waiver be granted. Enclosed is a check for Two Hundred Dollars ($200.00) as an application fee for this particular request pursuant to LDR Section 2.4.3(K). We hereby request a hearing before the appropriate board. In connection with any such hearing, we reserve the right to supplement this letter and present such testimony or evidence s is appropriate to the issues under consideration. Mic'l'~a~el S. Weiner/ MSW:ab enclosure CC: Mrs. Jessica Linehan (w/o enclosure) Mr. Jeff Costello (w/o enclosure) Ms. Jasmin Allen (w/o enclosure) O:~BROK002~etter C~ty Clerk. Mar 12 wpd N,E. N.B. N.E. 6TH ST. N.E. 5TH ST. 4TH SIDENALI4 WA IVER 3RD ST. i,i z i,i LOT 42 I,i LOT 45 Z LOT 44 LOT 4~ c0 0 0 ST. POCKET PARK N CITY 0¢ D~LRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- DI6'ITAL EA$£ MAP S)"ST£1,,f -- 404 & 408 N.E. FISHER LANE (LOTS 42-45, LAS PALMAS SUBDIVISION) C.B S CB.~ WALL & FENCE WALL n lo' Sou?M FD BROKEN 4' & ,5' CHAIN -- ~ LINK FENCE 0 6~' PLA-T) 89'21'08" (MS.) LOT 42 O 70' 0.30' ~OU TP 198.10' PLA]) (as.) 0.86 NO INTER/OR IMPROVEMENTS LOCATED (PER CLIENT) LOT 43 LOT 44 FD N AIL "'~,~ LOT 45 t 78'58 49 I CONC SEAWALL / , + -B2'OB'O0" -97'52'0 )" (PLAT) , '~ r., P.K N&IL & D!SK L ~ ¢ 6025 £1TY OF DELAI:IY BEACH DELRAY BEACH Ail-America City 1993 2001 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000 ! IEMO DUM TO: David T. Harden City Manager FROM: Old/Robert A. Barcinski Assistant City Manager DATE: March 27, 2002 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 2~ 2002 SPECIAL EVENT APPROVAL - CARIBBEAN AMERICAN FESTIVAL ACTION City Commission is requested to endorse the 1st Annual Caribbean American Festival proposed to be held on June 1, 2002 from 11:00 a.m. to 11:00 p.m. on the grounds at Old School Square. The event is being sponsored by the Haitian Cultural Society of the Palm Beaches. The event sponsor is also requesting staff assistance for traffic control and security, EMS service, trash removal and site clean up, a waiver of LDR's Section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed more than one week prior to the event, and a 50/50 split of overtime costs. BA CK GR 0 UND Attached is correspondence from Terencia Adams on behalf of the Haitian Cultural Society of the Palm Beaches requesting City approval of this event and City staff assistance for security and traffic control, EMS service, trash removal and site clean up and event signage. The event is proposed to be held on the grounds at Old School Square. The site will be secured with fencing and a fee will be charged for admission. Approval has been given by Old School Square for use of their site. A draft site plan as well as a budget for the event is attached. Estimated overtime costs for the event is $4,500. This is a new event. It does, however, compliment Commission's diversity goals. RE COMMENDATION Staff recommends approval of the event, staff assistance for traffic control and security, EMS service, trash pick up and site clean up and event signage to be installed by May 17th, and the sharing 50/50 of the overtime costs. Approval to be contingent on the receipt of the certificate of insurance and hold harmless agreement. RAB/tas Ftle:u:sweeney/events Doc'Caribbean Amertcan Festtva12002 Prlnted on Re~j~.led P~oer THE EFFORT ALWAYS MATTERS Board o~ Direcm~ Schedule: b,,,y bcques 1. Prelideflt ~, Hardy C. N*~oleau Vice President *~ Qd~chod SclJare~, Friday, Hay 31~f~r~:~- P,o~e Jean-Philippe 4, Old 5c:hc~l Sc:l~re Prcq3efty, Sa~day. Jme 1'*for Fasl~, $7~ Treasurer 4, ~ E~tBrtdmmr~ $,:~,000 Terencia L. Adams 4, Advertidng S10,0CX) seo'e~ary . Mammarx~ $1000 Director 4. SaritarySm~es Sm 4' SeageTed~ $4a0 Oi __r~._. 4, Pol~oqd~rne,$4,5OO, ocxidwed'taetheeq~tseldiththeOf~, ~01507 4~ Told $59,930 - $61,180 Palm Beach County · Gas ~ $10 X ~500 atm~es, $~,000 Gerard Fen'ere, Ph.D T~L Adam / " Probisor Emeritue Va:~k 964-1333, Fax 964~Z~ -- St, Jeiepb University. PA kxmph N.G. ~ CDO Toumaint l'(~ P.O. BOX 1~ W~T PAI~M BF. AC~ l~ We am thrilled to know of your interest in sponso~ng c~r first ~n. Amer/can Festiva/. ~ of Dir~'to~ ,Jimmy jacm.,es President Hardy C, Nico~eau Vice Prea~ent Ro~e Jean-Phili..Ppe 'rreill41'~ Teq~ L Adams Gilbeda Jules Dkector Kadte Richardeon Director Yves E Nlcoleau ~wom' eOARD Mary McCarty Palm Beach County .l~r)h 9aDt[$t~ DDS NOAH Chairman The Haitian Cultural Society of Pidm BeaCtl has planned a Car/bbean.,Amer/cafl Jfus/c Fe,~fval for Saturday, Jtrrm t,,. 2002. The pu .mose of this inaugural Fe~vg/?s to encourage, an exchange, et the aris and music of Cadbt)ean-Amedcafls. Proceeds from the affair wffl benefit culfu~ programs in our animals. There vdit be a idck off "Caribbean Casual" Dinner, Fdciay. May M~, at historic Old $cho~ Square Gymnasium. ~ as sl3onsor the da,/of our ev~.t Two VIP Tickel~ 5 l'lckets to the Festival $1,000 Slx)nsors will receive: Two Iici(els to F~b/NIghl'$ Fe~ithts Recognitim as ~ the day of our event 2 VIP TlCkeis 2 Ticlmts to the Fes~val Sponsors of S2,500 will be given: Two ~ to Fdday Night's Festivities Coqx)rate togo or name on banners at Ihe Festival Recognl~n as slxmsor lhe day of our event Rye V~P Tickets 10 'tickets to the Feslivat Please conta~ me, or Jimmy Jacques, at 682-1167, ~!~ any ques~ons or requests you may haw Lerm Audafn, Ph.D., MD., IJichad O. Nicollau EIq. Gerard Fen'~e, Ph.O P~.___nr Emedtus St. Joseph Univemlty, PA Truax=ia I. ,adams 721 P-amelto Street West Palm Beach, Flaida 334O5 tenilad~beflsouth, net 561 585-3585 home 561 964-1333 work Joeeph hi. G. Bemacld CO0 Tou~lalnt L'Owedure High School P.O. BOX 180~ WEgF PALM BEACH, FL. 33416 Tel: (~61) 712-1237 ]i~= (~61) 686-?$15 E-MAIL TELE_I~CAYE~_ MSN. COM 22 March 2002 Here is a rough layout oflhe Old School Square property and our proposed usage. Of course, it is not to scale. I asked for a survey, to better layout the plaq, but was unable to acquire one. I'm sure we may need to make adjustments as we go along, i hope this sketch will be acceptable. Old School Square C U L T U R A L ARTS CENTER March 14, 2002 Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Re: Caribbean American Festival - June 1, 2002 Dear Bob: I received your request for cost estimates for Caribbean Festival based on their revised letter to you. Enclosed is a work sheet showing costs for rental and maintenance fees, and estimated costs for stage technicians. Rental for a day of load in is discounted at 75% and covers cost of staffto direct vendor and equipment set up. Our discount policy allows for a 50% discount on rentals for non-profit, cultural events. Rental on June 1 reflects this discount. Because it is a daytime event, a lighting technician will not be necessary. Two technicians are the minimum depending on how much equipment there is to be loaded in for the event. The 12 hours includes event time, load in and strike time. If it is determined by the Technical Director that a third tech is necessary, the additional charge would be approximately $300.00. If this is to be a gated event, there are a number of alternatives concerning the footprint. At a minimum, the loggias can be closed down and fencing run along the east perimeter, approximately 250 linear feet. The front southeast quadrant could be included adding approximately 450 linear feet. Rental of temporary fencing runs about $1.75 per linear foot. If you need additional information or have any questions, please let me know. Si~,Tely'~ pe~gggy~hy Director of Center Services Old School Square, Inc. 51 North Swinton Ave. Delray Beach, Florida 33444 Phone (561) 243-7922 Fax (561) 243-7018 pm eno Old School Square C U L T U It A L Caribbean American Festival From Friday, May 31, 2002 to Saturday, June 1, 2002 Detail Worksheet Licensee: Phone: Notes: Haitian Cultural Society of the Palm Beaches POBox 18055 West Palm Beach, FL 33416 Contact: Jimmy Jacques Terencia Adams 561-964-1333 561-712-1237 Fax: 561-686-7518 OSS Entertainment Pavilion & Grounds. June 1, 2002, 11:00am-7:00pm Date Time SCHEDULE OF EVENTS Location Activity Status Fri. May 31 Sat. Jun 1 8:00am - 8:00pm 11:00 - 19:00 OSS Entertainment Pavilion OSS Entertainment Pavilion Caribbean American Festival load in Carribbean American Festival Hold Hold Haitian Cultural Society Haitian Cultural Society Space Charges Date Location FINANCIAL SUMMARY Rate Discount Toml Fri. May 31 Sat. Jun 1 OSS Entertainment Pavilion OSS Entertainment Pavilion Administrative/Resource Charges Date Location/Resource $1,500.00 $1,500.00 $1,125.00 $750.00 TOTAL: Unit Price Number $375.00 $750.00 $1,125.00 Total Fri. May 31 Sat. Jun 1 Sat. Jun 1 ~ruritx' deposit maintenance supply fee stage technicians: 2 techs x 12 hrs each** 1 $700.00 I $50.00 $20.00/hr 24 TOTAL: Total Room Charges: Sales Tax: Total Resource Charges: Total Charges: * security deposit - refundable after event or can be applied toward resource charges ** estimated technician hours; charges billed based on actual use Old School Square, Inc. 51 North Swinton Ave. Delray Beach, Florida 33444 Phone (561) 243-7922 Fax (561) 243-7018 $700.00' $50.00 $480.00 $1,230.00 $1,125.00 $67.5O $1,230.00 $2,422.50 [lTV OF DELRI:IY BEI:IgH DELRAY BEACH AII-AmericaCity TO993 2001 FROM: 100 N.W. 1st AVENUE MEMORANDUM David T. Harden City Manager (~obert A. Barcinski ssistant City Manager DELRAY BEACH, FLORIDA 33444 DATE: March 27, 2002 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 2, 2002 APPROVAL - NAMING RIGHTS AGREEMENT ACTION City Commission is requested to consider approval of a Naming Rights Agreement between the City and the Superlative Group, Inc. BA CK GR 0 UND We originally received proposals from firms to obtain sponsors for naming rights or philanthropic donations for our Tennis Facilities in June 2001. A decision on selection of a firm was delayed due to the September 114 terrorist act. Commission did authorize staff to negotiate an agreement with Superlative Group, Inc. at your regular meeting on February 5, 2002. Attached is an agreement for your consideration. It has been reviewed and approved to form by the City Attorney's office. The agreement essentially reflects the scope of work and terms and conditions contained in the original proposal. Highlights of the agreement are as follows: 1. Scope of work to include value assessment, development of naming rights sales proposal, sales plan and terms and conditions for sale, identification of possible sponsors, and clients, and actual sale of naming rights. 2. Base cost $30,000 plus reimbursable costs plus commission on sale as contained in the agreement. 3. Complete value assessment within 30-45 days. 4. Develop commercial terms within 15-30 days after assessment. 5. Complete final plan for sale 30-45 days after development of terms. 6. One (1) year agreement. RECOMMENDATION Staff recommends approval of the Superlative Group, Inc. proposed Naming Rights Agreement between the City and the RAB/tas File. u: sweeney/agenda Doc'Nammg Rights .~greement 561/243-7000 THE EFFORT ALWAYS MATTERS NAMING RIGHTS CONSULTING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND SUPERLATIVE GROUP, INC. This Agreement entered into on the ~ day of 2002 by and between the City of Delray Beach, Florida ("Delray Beach") and The Superlative Group, Inc., an Ohio corporation ("Superlative"), under the following circumstances: WHEREAS, the parties desire to enter into this Agreement for Superlative to provide Delray Beach a marketing assessment of the naming rights for the Delray Beach Tennis Center. NOW, THEREFORE, the parties agree as follows: Marketing Relationship a) During the term of this Agreement, Superlative shall be the exclusive marketing representative of Delray Beach relating to the sale of the corporate naming rights for the Tennis Center. Superlative shall work with the representatives of Delray Beach in order to complete this objective in a workmanlike and timely manner. b) Delray Beach shall use reasonable efforts to cooperate with and assist Superlative in the performance of its duties hereunder and shall commit no act, or omit to commit an act, which could have the effect of unduly hindering Superlative in the performance of its duties hereunder. Superlative shall give Delray Beach written notice of any breach and Delray Beach shall have 30 days to cure said breach upon receipt of written notice from Superlative. c) Superlative and Delray Beach will mutually agree upon the list of Superlative's potential corporate naming rights prospects. The City Manager or his designee shall have the authority to agree to the prospects list. Any agreement between the City and a corporate naming rights sponsor must be approved by the City Commission. 2. Scope of Work a) Superlative shall conduct all aspects of the actual sales efforts relating to corporate naming rights as provided herein. b) Superlative shall consult with the City Manager or his designee on a market assessment, pricing and contract preparation. c) Superlative shall explore the community and its corporate support for naming rights, sponsorship potential and partnership elements through primary research. Written results will cover value assessment, package elements, media values, and identity of target prospects. Included will be an historical overview of comparable tennis center and stadium Naming Rights. Estimated time: 30 - 45 Days d) Superlative shall opportunities, including pricing Estimated time: 15 - 30 Days develop commercial terms for the naming rights and length of term for naming rights agreements. e) Superlative shall develop the communication plan and materials that reflect the interest of the naming rights customers. Estimated time 30 - 45 Days f) Superlative shall coordinate with the City staff for the sale of the actual naming rights or philanthropic donations. g) In addition to the above, Superlative shall: 2. 3. 4. 5. 6. 7. 8. o Estimate annual value of naming rights of the Tennis Center and Stadium. Present documentation to support the estimated value. Identify the various issues associated with the procurement of a sponsor. Evaluate and recommend how the Tennis Center and Stadium can improve its value. Identify best categories that should be marketed for naming rights. Present proposed milestone strategy for securing the best proposal for naming rights or philanthropic donations. Identify and solicit firms willing to serve as a naming rights sponsor and determine the fee they are willing to pay Delray Beach. Develop detailed final report of research, findings, and recommendations for naming rights or philanthropic donations of the Tennis Center and Stadium, and provide Delray Beach with 5 bound copies of the same as specified by Delray Beach. Make presentations as directed by Delray Beach as may be required. Negotiate contract with sponsor for the sale of the naming rights or philanthropic donations of the Tennis Center and Stadium. Superlative shall make monthly progress reports to the City Manager or his designee during the term hereof. 3. Compensation a) The compensation to Superlative pursuant to this Agreement shall be payable as follows: 1) Superlative will receive a research assessment fee of Thirty Thousand Dollars ($30,000) for services to perform a market analysts of Naming Rights valuation for the Tennis Center. The assessment fee will be billed in equal Installments of Fifteen ($15,000) Thousand Dollars. The first payment will be due within 30 days of the execution of Agreement and the second payment will be due 30 days after the delivery of the assessment. 2) If Superlative secures a naming rights sponsor and Delray Beach enters into an agreement with such sponsor, Delray Beach will pay Superlative a commission on the naming rights for the Tennis Center as noted below: Delray Beach receives on an annual basis Superlative receives on an annual basis up to $1,000,000.00 $1,000,000.00 to $2,000,000.00 $2,000,000.00 or greater 8% commission 10% commission of Increment 12% commission of Increment For example, if Superlative is successful in obtaining naming rights for the Tennis Center in the amount of $1,500,000.00, Superlative shall receive a total payment of $130,000.00. The payment shall be made annually throughout the entire term of the Naming Rights Agreement. The above referenced amount shall be paid to Superlative within 30 days upon receipt of naming rights payment. If Delray Beach fails to receive a payment or only receives a percentage of the annual payment, then a like percentage shall only be due to Superlative. The aforementioned commissions shall be payable to Superlative regardless of the form of payment received by Delray Beach, whether in the form of cash, trade, in-kind service, products or any other form. Superlative's commission is earned upon execution and delivery of a written agreement signed by the purchaser of the Naming Rights and approved by the City Commission. Delray Beach will pay said commission under the same terms and conditions provided for in a naming rights agreement. b) In addition to the foregoing, Superlative shall be reimbursed for certain expenses in connection with this Agreement. Anticipated expenses will be paid by Delray Beach only with prior authorization prior to expenditure, which authorization shall not be unreasonably withheld or delayed. Agreed upon expenditures Include: 1) Actual travel expenses between Superlative offices and Delray Beach for employees of Superlative in connection with this project will be paid by Delray Beach. 2) Reasonable travel, lodging, meals, entertainment, and other expenses outside of the Delray Beach area will by paid by Delray Beach when mutually agreed upon by Delray Beach and Superlative. g Term and Termination a) This Agreement shall terminate on March 31, 2003 unless sooner terminated as provided herein. b) Delray Beach shall have the right to terminate this Agreement for cause. For purposes of this Agreement, termination will be deemed to be "for cause" if based upon the commission by Superlative of an act that, in the reasonable judgment and good faith of Delray Beach has materially and adversely affected the good reputation of Delray Beach; Superlative's misappropriation of Delray Beach's funds or property; Superlative's failure to comply with a reasonable directive established from time to time by Delray Beach and such failure continues for a period of at least thirty (30) days after Superlative receives written notice from Delray Beach of such failure which describes such failure with reasonable particularity. Further, Delray Beach shall have the right to terminate this agreement for performance deficiencies. For purposes of this Agreement, termination for performance deficiencies may be made on 30 days' written notice if Superlative has not met mutually agreed upon objectives. Delray Beach agrees that any initial determination of "for cause" will be made only in good faith and not arbitrarily or capriciously. In the event Delray Beach exercises its right pursuant to this section 4(b), Superlative agrees that Delray Beach will not be responsible for any further payment, except as provided herein. c) Upon the early termination of this Agreement pursuant to Section 4(b), Delray Beach shall pay to Superlative_ all commissions due as of the date of such termination. d) Superlative may terminate this Agreement upon Delray Beach's breach of this Agreement, which breach remains uncured for a period of at least thirty (30) days after Delray Beach's receipt of written notice. This right includes, without limitation, Delray Beach's failure to provide prompt payment when due. e) Notwithstanding anything stated above, Superlative and Delray Beach agree that they will mutually evaluate Superlative's progress and performance every sixty (60) days. Following 60 days from the effective date of this Agreement, Delray Beach retains the right in its sole discretion to terminate this Agreement with or without cause upon thirty (30) days notice. f) Superlative shall be entitled to receive its commission for any sale of Naming Rights, which occurs within twelve (12) months after the termination of this Agreement for any individual, business, or entity which received a persona! contact by Superlative during the term of this Agreement. For this subsection (f) to be effective, Superlative shall, within thirty (30) days of contact made by Superlative, furnish a list of contacts to Delray Beach which must be approved by the City Manager or his designee. General Provisions a) No Part of this Agreement or any of the rights or obligations of Superlative hereunder shall be assignable without the written consent of Delray Beach. This Agreement shall be assignable by Delray Beach to any affiliate or successor to Delray Beach's obligations and rights relative to, without any requirement to obtain Superlative's consent. b) No party to this Agreement may waive any term, covenant or condition by his or its conduct, except In writing signed by such party, this Agreement constitutes the entire agreement between the parties, and shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Palm Beach County, Florida for any lawsuit or claim arising under or in any way connected to this Agreement. c) During the term of this Agreement and thereafter, each party shall keep secret and inviolate, to the extent permitted by law, (i) all knowledge and information of a confidential nature which Superlative or Delray Beach may now know or hereafter come to know with respect to the other as a result of the engagement hereunder. d) The parties are and shall remain independent contractors to one another. Nothing herein is intended to create an employment relationship between the parties. e) The parties will take any and all actions and execute any and all documents necessary to implement or effectuate the terms of this Agreement f) This Agreement shall be binding upon and inure to the benefit of the parties and their respective shareholders, officers, directors, elected officials, agencies, employees, agents, successors, and assigns. g) This Agreement supersedes all prior and contemporaneous understandings and represents the entire agreement between the parties. h) Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: David Harden, City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Superlative: The Superlative Group, Inc. 2706 Franklin Blvd. Cleveland, Ohio 44113 Either party may at any time by giving ten (10) days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. i) Nothing in this Agreement shall be contrary to any provision of any agreement the City currently has regarding the Tennis Center or Stadium. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials on the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor WITNESSES: THE SUPERLATIVE GROUP, INC. By:. (Name printed or typed) Doug Wichman Senior Vice President FEI No. (Name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ,200__, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a incorporation) corporation, on behalf of the corporation. me or has produced identification. day of (state or place of He/She is personally known to (type of identification) as Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped CITY OF DELRrlV BEI:II: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: 561/243-709l FROM: SUBJECT: May 15, 2001 MEMORANDUM Tennis Center File Susan A. Ruby, City Attorney Naming Rights Contractual Matters The City currently has five contracts with provisions that may impact City revenues from the sale of naming fights as follows: Matchpoint, for the 2003-2008 events, has the right to 50% of the income from the sale of naming rights. The City retains all income fi'om sale of naming fights by Matchpoint or City through 2002 except for a 15% fee to Matchpoint ifMatchpoint sell the naming rights. (See Page 15 of Matchpoint contract.) Flight Media's contract gave the exclusive right to procure naming rights expired March 31, 2001. However, any contract entered into through December, 2002 with Southwestern Bell Communications, Inc. or subsidiary thereof or Sun America Companies entitles Flight Media to 10% of the gross amount of revenue the City receives fi.om the sale of naming rights. Chris Evert Charities contract expires each year and expired December 2000. However, any future contracts need to be modified from the previous years' agreements that allowed them to cover all logos/trademarks during the event. (See pages 11-12). Owl Foundation - The term of the agreement continues until the conclusion of the 2003 event. This contract also provides that all logos/trademarks may be covered. (See pages 10 and 11). Coca Cola contract - The term of the agreement continues until May 2, 2003 (Coca Cola has exclusive pouring rights except for twelve black out days annually). This provision would not reasonably permit Pepsi to serve as a naming rights sponsor during this period. Under the proposal by Sports Marketing Consultants, Inc., they would either retain 20% or 15% of proceeds from the sale of the naming rights and Matchpoint would retain 15% (if sold by 2002) or 50% if sold between 2003-2008). Further, Flight Media, until 2003, has the right to 10% if either company named in their contract is the naming rights sponsor. SAR:srnk cc: Brian Shun, Assistant City Attorney Jay Jambeck, Assistant City Attorney : Hotmail Page 1 of 1 Hotmail® ma¥ordave56@hotmail.com Inbox I Previous PaRe From: C~zeno~el~¥@aol.com To: Arche~mail@aol.com, jonlevinson@compuserve.com, Del~ycomm~sh@aol.com, delcomish@hotma~l.com, mayordaveS6@h~ma~l.com Su~ect: Agenda I~m 9.E--Naming ~gh~ Agreement Date: Mon, ! Apr 2002 20:22:06 Eh-I- Notwithstanding the apparent rebound of the U.S. economy, this doesn't seem to me to be the right time to be paying someone $30,000 plus expenses. The first thing our prospective contractor is supposed to tell us is the estimated annual value of the naming rights for our facilities. I'm not an expert in the field, but common sense says that the current annual value is pretty low. Why? The primary value would rest in the stadium ant that depends on the number of events, particularly ones that receive television coverage that would be of interest to a general audience. Currently for events, we have an ATP men's tournament that may or may not be back. If no name sponsor shows up, there's a good chance this event will likely be history now that the City's site sponsorship payments have run out (as of last month). Next we have two charity tennis events of short duratlon, at least one of which bears the name of the event sponsor. Beyond that we have some new events on the horizon in boxing and soccer that might draw some television exposure, or at least large crowds. If the initial events in these two areas work out, then they may be back and could turn into something bankable. At the present time, however, their long-term prospects are speculative. No hard-headed business person looking to the most bang for his or her advertising buck is likely to shell out significant amounts. Further, the contract with Match Point, Inc. appear to require the City to pay Match Point 50% of the gross income from the sale of naming rights after the 2002 event (Section 3.01G). If the Match Point Contract remains in effect, this would obviously significantly reduce the City take, if any one does sign on for naming rights. It makes more sense to me to see if we can develop a reasonable event schedule at the stadium before trying to sell the naming rights, particularly where we will have to pay hard cash (as opposed to straight commission) without any guarantee of success. Respectfully, John Bennett P.S.: This issue was discussed at the PROD Board today and the other directors informally concurred in the foregoing analysis. 2002 Microsoft Corporation. All nghts reserved. TERMS OF USE Advertise TRUSTe Approved Pdvacy St http://lw8fd law8 hotmail msn.com/cgi-bin/getmsg?curmbox=FOOOOOOOOl&a=509697fb17b.. 4/2/2002 .,MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ - REGULAR MEETING OF APRIL 2, 2002 CRA APPLICATION FOR TEA'21 FUNDING FOR WEST ATLANTIC AVENUE MARCH 29, 2002 The Community Redevelopment Agency is in the process of preparing a grant application for TEA'21 funds which will be used to continue the enhancement and beautification activities on West Atlantic Avenue. The CRA successfully applied to the Metropolitan Planning Organization for TEA'21 grant funds in 2000. The current application will request funding for improvements to the blocks between tenth (10th) and twelfth (12m) avenues. The request before the Commission at this point is threefold; (1) to serve as the project sponsor and sign the application; (2) authorize a letter certifying that the City will assume maintenance responsibility for the improvements post-installation; and (3) to sign the grant agreement if the grant is awarded. At the regular commission meeting of February 15, 2000, the City Commission approved the CRA's request for City participation and assistance with the CRA's application to the Metropolitan Planning Organization for TEA'21 funding with a 5 to 0 vote. While it has been suggested that we should apply for bike paths instead of streetscape, I recommend that the City Commission support the CRA's application as requested. S:\City Clerk\chevelle folder\agenda memos\.CRA.TEA'21 Grant.04.02.02 DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY March 27, 2002 David T. Harden City Manager 100 NW 1*~ Avenue Delray Beach FL 33444 RE: TEA-21 Grant Application, W. Atlantic Avenue Between 10~ & 12~' Avenues Dear David, CRA staff is currently working with City Engineer Randal Krejcarek on the latest TEA-21 grant application. We are seeking funding to extend the beautification along West Atlantic Avenue to the blocks between 10~h and 12~ Avenues. As in previous years, the grant application requires a letter certifying that the City agrees to maintain the pedestrian and landscape improvements in perpetuity. Attached is a copy of the letter from last year's application, which states that the City Commission had agreed in February of 2000 to commit to the long term maintenance of the improvements associated with that grant. It is not clear to me if additional action by the City Commission is necessary with regard to extending this commitment to the additional blocks. If so, please have the item placed on the next possible meeting, as we are working against a May 1st application deadline. Otherwise, an updated letter from you would be sufficient. Thank you for your attention to this matter. Diane Dominguez Executive Director 104 West Atlantic Avenue · Delmy Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 DELRAY BEACH 1993 May 9, 2001 Randy Whitfield, P.E., Director Metropolitan Planning Organization of Palm Beach County 160 Australian Avenue, Suite 201 West Palm Beach, FL 33406 Re~ TEA'21 Grant Request for West Atlantic Avenue (Delray Beach Community Redevelopment Agency) Dear Mr. Whitfield: The purpose of this letter is to certify that the City of Delray Beach will provide the maintenance and landscaping for the TEA'21 project submitted on behalf of the Delray Beach Community Redevelopment Agency. This project provides for the enhancement of the project area on West Atlantic Avenue with pedestrian and beautification improvements. By formal action of the City Commission on February 15, 2000, the City of Delray Beach agrees to maintain the plantings and hardscape improvements in perpetuity. Thank you for your assistance in this matter Sincerely, David T. Harden City Manager DTH/gb cc: Community Redevelopment Agency U'\CM lctters\Whitfield itr TEA'21 Grant doc M~r~ 2.~ 02 10: 47a p.1 RECEIVED 1,4AR 2 § 2O02 CITY MANAGER Facsimile Transmission Fom~ 'PHONE: NUMBER OF n AC,!C-o this If alt pages are n..:, t~"--,~ .. ,;~;,,, -:.d, please noti~ sender at' the number ~,o,ov,.~,,~,~. wedcaCity May 9, 2001 Randy Whitfield, P E, D~rectot Metropolitan Planning Organizatl, m ~ ¢' "aim R~.,~, h Coun~ 160 Australian Avenue, State 201 We~t Palm Beach, Fl, 33406 Re: '[ EA'21 Grant Request fb~ West Atlantic Avenue (Delray Beach Commun;t) R~r4~?~ ¢lopment Agency) Dear Mr X~tfield' 'Ihe pu~ose of thi~ letter ~s to czdii~, that d~e City of Dekay Beach will provide the maintcn~ee ~d landscaping for the TEA'21 protc,.~ ~,~l~t~cd on behalf oft he De~ay Beach Communi~ Redevelopment Agency This protect provtdes fi.~ the e.h:mcement of the project ~ea on West Atlantic Avenue wi~ B) RmnaI action oi lt~c C[ly Con,m~a~,o~ o~l Febru~y 15, 2000. the Ci~ of Delray Beach agrees to mainlain the planlin~ and hardscape tmprovemcnts fhank you for your as.~is~ance in this matter Sincerely. David T Harden City DTH/gb cc' Commumty Redcve[opmen~ Agenc3 MEMORANDUM TO:. MAYOR AND CITY ODMMISSIONERS FROM: ~~MANAGER SUBJECT: AGENDA ITEM # ~-~r(.~. REG~MEETINGOF APRIL2.2002 APPOI~NT TO THE NOISE COMPATIBILITY ADVISORY COMMITTEE DATE: MARCH 29, 2002 On March 21, 2002 the City of Delray Beach received notice fi.om the Boca Raton Airport Authority that the Noise Compatibility Committee (NCC) Bylaws were adopted. It has been noted that two (2) members fi.om the City of Delray Beach will be sitting on this Committee. In February, 2002 Mr. Robert Langevin was appointed. At this time, there is a vacancy for one (1) additional member. Per Russell Buck, Noise Abatement Administrator, the member must be a resident of the City of Delray Beach. He stated it would be helpful if the person had some experience with aviation, but was not necessary. The term would be for a one year term starting in a month or two. The following have submitted applications for consideration: Arthur Antin Harvey Brown, Sr. Robert Conway 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 Archer (Seat #2). Recommend appointment of one (1) member to the Noise Compatibility Advisory Committee to a one (1) year term. 3700 Aizlx~ Road Boca Raion, FI, 33431 (561) 391-~02 F~ (561) 391-~38 We~~.~~m Thi~ is · no, ce ~hat the ne~ Nol~e Comp~bi~ Commltl~ (NCC) Bylaws were adopted at I~t nights Airport Authority meeltng. A copy dlhe Bylaw~ is induded here for your review. Please note that two (2) members, arid not one, h~ve been placed on the comn'ittee for each municipality. We have received one appointee each from Boca Raton, Delray Beach and Highland Beach. Please inform us as soon as possible as to your aeooxt appoi~. Thanks for your help and partidpalion, and we look forward to ~chedulng the ~lrst meeling of the NCC as soon as we can collect all the appcirfled members' names. ~3/21/2002 15:41 5613912238 ,BI:)C~AZ~~! PAGE B2/86 BOCA RATON AIRPORT AUTHORITY NOISE COMPATIBILITY COMMI'I'rEE BYLAWS ARTICLE I The name of the Committee shall be "BOCA RATON AIRPORT AUTHORITY NOISE COMPATIBILITY COMMITTEE" (the 'Committee"). ARTICLE II The purpose of th. Committee is to gather inforrMflon relating to noise mlsted Issues at the Airport, evaluate that information, present periodic reports to the A~ort Authority, and, when appropriate, make recommendation~ to the Airport Authority relating to the Committee's findings. ARTICLE Ill 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). The three basic requirements of F,$, 286.011 (1) meetings of publb boards or commissions met be open to the publiG; (2) reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken. All documents or other material made or received pursuant to law or In cennection with the transaction of official business of the Committee are public reoords and are subject to the Florida Public Records Law (Florida Statute 119.011). ARTICLE IV MEMBERS AND TERM~ The Committee shall be ~ompria~ an fellows: ~3/2~/2002 15:4! 5S1391223e ~OC~AIRR3~TAUTHORI PAGE (1) Authority Member (to be rotated every ;Ix months from the membemhlp of the Alrport Authority) (1) Airport Manager or his designee (1) Airport Noise Abatement Admin'.~rator (8) Community representatives from neighborhoods surrounding the Airport (i.e., two each from the four quadrants surrounding the Airport) (2) Representatives from Ab=taR operators at the Airport (1) Representative from the bus'mess community (1) Representative from each Fixed Base Operator ('Fee") at the Airport (2) Representatives appointed by the City of Boca Reran (2) Representatives appointed by the City of Delay Beach (2) Representatives appointed by the City of Highland Beach (2) Representatives appointed by the City of Deerflekl Beach B. AOoointment end Ten, ns of Members All members of the Committee emil be appointed by the Airport Authority. Applicants shall complete and submit $ written application to the Airport Manager for presentation to the Airport Authority for oonsideration with the exception of appointees from the municipalities whose Notice of Appointment lay the municipalities shall be aGc, ompanied by a resume of the appointed member. The initial appointment of members end their term shall be for one year w~ the exception of the Authority Member. The Airport Authority wi)l review the mission of the Committee, the accomplishments, and the composition and terms of the members at least 60 days prior to the end of the initial term to consider whether a change in the structure of the Committee Including terms of its members ia warranted. In the event of a vacancy occurring In the Committee, the AJrport Authority shall appoint a sucx;essor to fill such vacancy, such suocessor tn be of the same category as the person who previou.q[y filled such vacant position. Municipalities will provide a Notice of Su~:essor Appointee when warranted, k member appointed to fill · vacancy shall f~ll tlqe unexpired term of hi~ or her predecessor on the Committee. -2- 83/21/2002 15:41 5513912238 BOC~AZI~:~RT~! PAGE 94/96 A member shall cease to serve on the Committee upon his or her removal from office by the Airport Authority. A member may be removed from the Commies by the Airport Authorit7 if it determines that such member has had 3 or more consecutive unexcused absences or is otherwise disqualified from continuing to represent the member category for which he or she was appointed. Th. Committee may write a letter to the Airport Authority to recommend removal of a member. E. _Ab_ sen~ bY_P M_~_ber If a member has had 3 consecutive absences from duly noticed meetings of the Committee, the Chairman of the Committee shall notify the Chairman of tho Airport Authority so that the Airport Auth0rfty may take such a~on, as it deems necessary. ARTICLE V There shall be a Chslrrnan and a Vice-Chairman elecflK! from among the members of the Committee. The officers shall be elected as the first order of buslness of the Committee and for each succeeding year and shall take office upon election. Such officer shall hold office for the Inltlal I year period of the Committee and until a sur, cessor has been duly elected and taken office. Such officers may be elected from time to time as deemed necessary by the Committee. Any officer elected by the Committee may be removed by a major'e/vote of the Committee whenever, in its judgment, the best interests of the Committee would be served. A vacancy in any office because of death, resignation, removal, disquallf~tion or otherwise of any officer eleoted by the Committee, may be filled by the Committee for the unexpired portion of the term of the vacant office. B, Recordina Secretary An airport staff employee shall serve as Recording Secretary to the Committee. C. Duties of Officem The Ghalrman shall preside at ell meetings of the Committee. The Chairman shall appoint members to all subcommittees and designate the Chairman of any such subcommittee. The V'~l..ChahTnan shall assume the duties and responsibilities of the Chairman the absence of the Chairman. -3- ~3/21/2~02 15:4! 55i391223B BOC~AI~~I PAGE 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 me Committee and to the Airport Authority. The Recording Secretary is responsible for advertising the meetings and other such duties as are customad¥ Pc/formed by a Recording Secretary. ARTICLE VI COMMilTEE FUNCTION A. Duti~ ef the The Committee has been formed for the purpose of the Comrnlttee to gather information remtJng to noise related issues at the Airport, evaluate that Information, present periodic reports to the Aiq~rt Authority, and, when appropriate, make recommendations to the Airport Authority relating to the Committee's findings. The Commies shall carry out its duties pursuant to the Bylaws oontained herein. B. Rules of Comm~oe The Commleee shall adopt Rules of P~ocedum and shall establish s regular me,ting schedule, and shall provide ~or such other meetings as ara necessary to ~rry out the functions of the Committee. A meeting shall be held as o~n as the CommRtee deems necessary but not le~s than every 80 days, The Initial meeting of the Gommittee shall be set by the Airport Manager. NI meetings of the Committee shall be open to the public. C. .8~:)e~ialMeetiqqs Tl~e Chairman may call special meetings on such dates and at suoh t~me~ and pla~es as may be reasonably deslgnatecl by the Chairman. O. Notice, to Members The Chairman or the Recording Se~'etary shall g~ve n~ce of any regular or special meeting to the members, either personally, by facsimile, or in w~ng, not less than 10 days in advance of such meetings. Every written notice shall be deemed duly given when the same 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 ~3mmuni~tion 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 t~e meeting. .4- 83/21/2002 15:4! 5613912238 P~ Notice to the public of every Regular or Special Meeting of ~ Committee shall comply with the laws of the State of Florida. A quorum ~hall be necessary In o~ler to conduct buninu$ and ta vats on any matter ooming before the Comm~tee. G. ~otJna end Committee Action Eaoh voting member present at a rne~ng ;hell be entitled to 1 vote on each matter subm~ed to a vote. M any regular or special meeting only tl~e members of the Committee shall be entitled to a vote on rrmtter; ;;mfng I~ore the Commies. A report adopted by the CommRtee must be approved by a majortb/of the members. Robe,s Rules of Order late~t edition shall govem meet[ngs. These by-laws shall take effect immediately upon passage and adoption by the Airport Authority. -5- To'rRL p,~16 I~,LRAY BEACH ~ CITY OF DELRAY BEACH llllJ BOARD MEMBER APPLICATION 1993 2001 Please type or print the fonowing infomaation: 1. LsstName: ~.~,}.} 2. Home Address: /--/71'o :.~ocv, c~ ~r.r~/'~. .3. Legal Residence: 4. Principal Business Address: 5. Home Phone: [ Business Phone: Chy E-Mail Address: [ Cell Phone: 6. Are you a registered voter? If so, where aze..vou rezistered? ~, / 7. ~hat Bo=rd(s) are you interested m serving? Please l/I fo ry C'6~..~.),~-=r'T'(?.q~ itl/c)/~'e_ C c,~opn '~/',J'~, /fi'b; "[~ltin°rder°f°reference: ' State State State Fax: Zj'p Code Zip Code Zip Code List ~n, qi;~'}oards on -~.ich you are cur, e,~' sm~ng or have previously served: (Please include dates) · ./ . ., 10. List any [elated professional cer~catiom ~.cl licenses which you hold: Il. Give yOUZ ~esen,t, or most zec. j~at emp)o~,.ez, a~d ?o,~'.fion: 12. De, cfibe experiences, skills or lmowl.edge which qualify you to serve on thia board: (Please atta~ a brief resume) ~ ' I hereby certify that all the above statements are true, ~md ] tgrt~ md uadmtand that ~y misstatement ofmaterial facts 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 mabmirted. It ~ be the applicant's responsibility to emure that a current application is on file. ~C'ffYa. F.P.K'~O AKtAAPPLIC ATHOS: HLBA p ,...~. ,,~.c~ ,F"~-',~ - BOARD MEMBER APPLICATION 2001 Home A Ad&~s$: Ciz7 Zip Code Phone: ltu~in~** Phcm¢. E-M~I one: F~: List, y rehtcd prof,,donal cczufir.~ucins and ~¢s w h you hold: ,/ CITY OF DELRAY BEACH lllJ BOARD MEMBER APPLICATION 1993 2001 Please type ot pnnt the following infom~tion: [ 1. l~st Nnme: t/,),o,~ z~, ~ t.~' [2. Home Address: - /7. 3. ~ Residence: - City / St~t~ ~," Code City State Zip Code · E-Mail Add~ess: ~'/~ ~ 7. ~j/hnt Bo_ard(~) are you int~ested, in serving. Please list in order of preference: ./ / ' 8. List all eity Boards on which you are currently senfng or have previously served: (Please include dates) 9. F_aducational qualifications: / / - /- . 10. List any tehted professional certifications and licenses which you hold: 1 I. Give your present, cF most r~cent employs, and. position.), 12. Desr~ibe expetienc, es, skills knoye which qunli~y you to serve on this board: lease attach a briefr e) SIGNATURE ~ DATE //"_,,/,~'~ -- Note: This application will remain on file in the City Clerk's Office for a~~[~pm the date it was submitted. It will be the applicant's responsibility to ensure that a'c~Te~ i-ppplication is on file. S~I'YCI.EIX~OAJU)~AIq~ICAT I0~ JAN 1 .E 2002 CITY CLERK ~i~OARD MEMBER APPLICATION j I .£,:: ~.~:.< ~' N"'~, ..... " I)eAFay ~each Ct _ t :: ..-,.,: ', ~ ~! Ix d~e ,1~l~bc~m's [c,pomib~n.. to cns~te · Ca,Tent application I~ e.n RECEIVED ~JAN t ~ ~ITY CLERK · %~y ~e~ ',- F~orida 33445 (561) 496°7989 · &TZO;-: Attended New Jersey schools, ~iveretde Military Academy, GainesvtlXe, Georgia; Butler UniversitY, Indianapolis, Indiana; University of Denver, Denver, Colorado~ Rutgers UniversitY, ~ev Brunswick. New Jersey; end Heidelber~ University. Heidelberg, ~ermany Served i~ world #ar XI &8 First Lieutena~t with the lnfentry DAvtelon of ~he Army of the United Stereo. Former president and Chief Executive Officer of Hanauer Financial Corporation, a nationwide mortgage ba~King £irm that specialized in the financin~ of large income producin~ real estate. Pormer vice President of Premier Financial Corporation, · national ~ortgage bankin~ ~irm. F.~m,f President and sole owner of &. Schwartz Co., ~ :e$! estate fir~ that specialized in selling, mu~ag;ng and constructin~ major industrial, comme~cial a,,d re~identie! real estate. Dtlatre Country Club, Delray Beach, Florida Planning Committee, Communications & Com~unity Pals%lens Committee, 2002 Charity Tournament Piogressive Residents of Delray (P~OD) Ir:ernational Executive Service Corps American Aasocietion of Arbitrators De. airs Property Owners Association, Board Membe: Tog,ther Against Gangs (TAG), Board Member ¢oa:re~atlon B'n&1 Israel vice Mayor, City of Delray Beach, Florida Chairman, Delray Beach Planning and Zontn9 Board vice 'resident end Director of Peoples National ~.~ of North Jersey ~o&r¢ Member Par Troy $~ate Bank D~re¢~or of ~nited Jersey BanM Directly of City Federal Savtn~s Bank Commie Loner of the State of New Jersey Real Cofl~Jeolon Vice P& .sident of DeXaire Property Owners Aosocid~io~ ~embe£ ,elaire Country Club Green Co~mittee ~ce P:(gident of the National Association of ~sta:e License Lay N. w. Schwartz -2- President of the Harris County, NJ Board of Realtors Preside~t of the NJ Association of Insurance Agents I,Oustrial & Office Real Estate Bro~ers Association of ~he New York Netropolltsn Area New Jersey and New York Nortg&ge 6enters Association Fe~ A~pralee= ~or the United States Federal Housing Administration ~merican Legion end Veterans of Foreign Warm Chairm~n, Pars~ppany, NJ Industrial Commieslon President, ~arstppany, NJ Chamber of ~ommerce Lls~ed in "Who's Who ~n the East,' ~nd Who's Who tn Industrial Development" Chairman, Kssex County, NJ Boy Scou~s of A~erica Guest Lecturer, Fairlelgh Dlcaineon Univeroity, Rutgera Un~versity end Seton Hall Univer~it¥ ~resident, Clarldge House II Condominium Associat~on, Verona, NJ Preakness H~lls Country Club MEMORANDUM TO:. FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ~ ~- REG~ MEETING OF APRIL 2, 2002 APPOINTMENT TO THE ODDE ENFORCEMENT BOARD MARCH 29, 2002 Due to the absence of three comecutive meetings, Mr. Clifford Torres has created a vacancy for a regular member for an unexpired term ending January 14, 2005. Mr. Russell Jennings and Mr. Beril Kruger are currently serving as alternate members and both would like to be comidered for a regular member. All members of the Code Enforcement Board must be residents of the Oty. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The reg.h~ and altemate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general comractor, a subcontractor, and a realtor. At this time the Board has no member as engineer. The following have submitted applicatiom and would lil~ to be comidered: Russell Jennings Beril Kruger Willie Ports, Jr. Samuel Resnick Stanley Watsky Andrew Youngross Contractor Planning & Zoning Lawn maintenance Code Administrator/Engineer Real Estate Engineer (currently alternate) (currently altemate) (also applying for Board of Adjustment) A check for code viohtions and/or municipal liens was conducted. None were found. Voter verification was completed and all are registered with the exception of Willie Potts. Based on the rotation system, the appointmem will be made by Commissioner Levinson (Seat # 3). Recommend appointment of one (1) regular member to fulfill an unexpired term ending January 14, 2005. bo~lcommission.mem~.code boaM 04102102 [lTV (IF DELRI:IV BEI:I£H DE[RAY BEACH NI-AmericaC~ 1993 ]Viarch 21, 2002 100 N.W. 18t AVENUE · DELRAY BEACH, FLORIDA 33444 · S61/243-7000 Mr. Clifford Torres 1845 Palm Cove Blvd,# 301 De~yBeach, FL 33445 Re: Notice of Remov-,d from the Code Enforcement Board Dear Mr. Torres, A review of the attendance records for the Code Enforcement Board indicates y~u have been absent for three consecutive reg-hr meetings. Pursuant to ~ce No. 19-95, enacted April 4, 1995, failure to attend three (3) consecutive ~d~r meetings iS defined as abandonment of office and requires automatic removal from the committee effective hnn~diately. Enclosed is a copy of the above ordinance for your review. Please note that you may request reappointment to the Board at anytime. If you wish to be so considered, please forward your request to the ~ Manager and your name vaTll be included with ocher potential appointees when the G-fy Commission fdls the vacant position. Sincerely, Davi~-~en ~y~er DTH/ks l~.nc. CC: Norma Smith, Cxxie Enforcemem Board Representative Karen Schell, Executive Assistant/Board Liaison THE EFFORT ALWAYS MATTERS Clifford E.Torms Jr. 1846 Palm Cove Boulevard, Apt. #301 Delmy Beach, Florida 33445 (561) 239-7945 March 8, 2002 Norma Smith Delray Beach City Clerk 100 NVV l't Avenue Delray Beach, Florida 33444 Re: Letter of Resignation Dear Ms. Smith: As per the request of the City of Delray Beach, i hereby submit my resignation as a member of the Code Enforcement Board effective March 8, 2002. My family wil be moving out of the City limits of Delray Beach. Yours sincerely, Clifford E. Torres Jr. ~OITY OL~RK 08/2~/01 TaU lB:S0 FAZ S6! 243 377d CITY CLERK (' ~ CI~ OF DEL~Y B~CH BOA~ MEMBER APPUCA~ON 1~93 1~002 L~N~ KFu¢ g NE l~h Stree! 9 NE l~th $tree! 9 NE 16th Street 5. Ho-~ Pho~ 561 265-2019 Are yo~ a ?. Code Enforce'met Bedl FL 33444 33444 561 870-4701 561 265-461 Owner since 1982 I was a CRde Enforcement Officer ~h Palm Beach Countv from 1975 - 1982. W~ ~ ~P ~h~ first Enforcement Boa~ in the ~ate of FIo~da. I sewed on the Delmy Beach CEB for 12 years and was ChaHman the la~ ~ I am a Planner & have e~ensive ~m. kno~edge of Codes & Processes. DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: I. Last Name:' Name Middle Initial Pot.ts, Jr. Willie 2. Home Address: City State Zip Code 634 Angler Drive Delray Beach FL 3~445 3. Legal Residence City State Zip Code 4. P~cipal B~in~ss Ad.ess: Ci~ S~te Zip Code 5. Home Phone: 27~-9087 Business Phon%74_9087_ ~ F~: 6. What Board(s) are you interested in.~i~g? - . __ _ _, _ 7._ List all Ci~ Boards on which you a~cu~ently se~ing othave previ~sl~med: (Please inclffde dates) 9. List any related professional certifications and licenses which you ~91d: ·. 10. Give your present, or most ~ent employer, and position: Ports La~ ~tntenance ] 1. Describe experiences, ski]is or know]edEe which qua]i~ you ~o se~e on this board: (Please a~ch a brief resume) I hereby ce~i~ that afl the above ~atements are true, and I agree and unde~tand,~hat any misstatement of materia/ fac~ contained in this app/ication may ~use forfeiture upon my pa~ of anF ~ppointme~t I may receive. R E ~ E I VE D S]GNATU~ - ~ATE CITY CLERK 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. ~CrTYCL£RE~IlOARD~I'PLICATION L u~LR~Y [~CH CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please type or print thc following infomaation: 1. Last Name 2. Home Address: 3. Legal Residence: Principal Business Address: City City State I Zip Code_ State State Zip Code Zip Code 6. Are you a re~stered voter? If so, where ~e you re~stered? 7. _~X%at B~ard(s) ~e ygu interested m se~,mg? Please hst m order of ~eference: ' . Ust aB Ci9' Boards on wfii~h you ~e ~enfly se~-mg or have pr~-iously se~ed: ¢lease ~lude dates) 9. Educational qualifications: 10. List an), related professional certifications and licenses which you hold: 11. Give yourpresent, or most recent employer, and osition'. 12. Describe I~xperiences, sk/lls or -knowledgeXvhich qualify you to serve on this board: (P.l~ase attach a brief resume) I hczeby certify that all th~ above stat~'~cat~ are t~ue, and I agree Jnd tmderstan8 that any misstatcmdnt ~f material fact4 ¢ontainedjl[ this applicatio¥~?y cause forfeiture upon my part of any appointment I may ~cccivc. Note: This application will remain on file in the City Clerk's Office for a period of ~¥lEJ~lte it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. MAR 9 ~"/lJl~''°'''='''''''''"'''°'~ CITY CLERK March 21,2002 Karin ScheH City Clerk's Office City of Delray Beach 100 NW 1st Ave. Delray Beach, FI.33444 Dear Ms. Schell Samuel Resnick 2835 SW13th Street Delray Beach, Fl. 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. Unfommately, I was not living in the city proper and could not serve. I have recently moved to Pines of Delmy 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 resume 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 Ph# 561.330.8419 Resume of Samuel Resnick 1. Education a) Crmdtmted from City College of New York in Aug. 1949 with a Bachelor of Civil En~nering Degree. b) Completed various courses in Building Code Adminis~on and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses= Florida, Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee firom 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school coustmction fi'om 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-En~neer. e) From 1939 to 1957- (excel~t for two years in U.S. Navy and three years in enginering school) worked for various architectural and engineerin[ firms. OFFICE OF THE MAYOR FRANK J. ESPOSITO, MAYOR February 21, 1995 TO Whom It Nay Concern: This letter is by way of introduction to a ~ fine architect-engineer fron Horvalk, Connecticut, Saauel Resnick. Sas retired froa the City in 19a6 after a years of service as the Director of the del~mt of Code Enfoment. In 1991 he was hired ~ack to the Code Enforcement office as a consultant for 3 1/2 years. (October 1, 1991 to March 1, 1995~ ) - During this · l~i~ae, Sam's duties, in addition to ]~in9 -~- Consultant, were as follows: 1. analyzed the-operation of the l)epartaent of Code assisted the D~rector of Code I~torceaent in interpretations. Enforcement and Building Code City Coordinator for the lu~rican-with Disability Act (ADA). Surveyed all city buildings, including schools, for compliance with ADA. Also, prepared the Transition Plans Sharing Bethods and costs to comply with ~ Mayor's Liaison to the Norwalk School Building Counittee wherein all committee meetings were attended. City re~resentative for the construction of the Concert Hall at City Hall and repair of water damage at Rowayton School. Code and cost analysis of various school alterations and addition work. Sam is licensed ~n Connecticut, New York and Florida as a registered architect, and in Cor~neoti~t, New York, New Jersey and Florida ss a proffesstonal engineer. He is ._held _tn high ~-regard by those -in .his- professional field and the city. Sam has been un asset to Norwalk. We are sorry to see him leave but we wish him well in h~$ new home state of Florida. It ~s withpride that ! g~veth[s letter of rec~mmendation to a Ban of Sam's caliber. He w~11 be an asset to any organization withwhonhe be~s associated. HAYOR OFFICE 8OX 5125- 125 EAST AVEN'U~ NORWALK, CT 0~85~-S125 , TEf~cPHOhtE 203-~S4-7'701 P.e~* ! I. Last .Name:: .... ' ~Imn~ * Midd)e J~JdaJ' {5.' , misstatement of material facts contained In rhts applica£ion ". ri_f any appo/ntmant-~ may re~ive. ~ECEIVED . _ ,~c,--~.:,,, .... ~~. 1-~ is ' CITY CLERK I may ~use foffe;ture upon my pa~ h is fil~. 5~jY,mln~:~. it ~!1 ~ ~he aj~plicm~t'~ ~po~ib~lD' to e~ that a c~t ~pncatton on ..l~n 25 O~ 03:35p You~cros-C~rden&l&Rsso~ qllL 'OARD MEMBER APPLICATION . S. Home ]>hon~: Bu~s Phone: E-~ Ad.ess: Ce~ Phone'. 6, ~e you a ~tered vme~ ~ If so. wheze ate ~U ~st~ed~ 'JT~ apphc.x~on ~ reflum on fde m ~hc CiD- Clcrk'. Of&c~ for. per~od of :2 ye~t3 from thc dutc it ~uas $ul~rd~cd. l( w~U t~ che applicant's ~,,s~sJb~l~c). go eosure that a currem apl~Ucadoo u RECEIVED JAI~ 2-5 OlTY CLERK MEMORANDUM T~ FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS ~CITY MANAGER AGENDA ITEM t,~ -REGULAR MEETING OF APRIL 2, 2002 APPOINTMENT TO THE BOARD OF ADJUSTMENT DATE: MARCH 29, 2002 Stanley Warshaw was appointed as a regn_flar member on March 19, 2002 creating a vacancy for an unexpired term ending Attgust 31, 2003 for an alternate member on the Board of Adjustment. To qualify for appointment, a person shall be either a resident of or own propertyin the city, and/or own a business within the city. The following have submitted applicatiom for comideration: John Baccari William Branning John Gw)mn Samuel Resnick Benjamin Ricker (currently on Board of Construction Appeals) (also applying for Code Enforcement) A check for code viohtions and/or municipal liens was conducted. None were found with the exception of John Gwynn. Please see attached print out of monies owed to the City of Delray Beach. Voter registration verification was done and all are registered. Based on the rotation system, the appointmem will be made byMayor Schmidt (Seat # 5). Recommend appointment of one (1) alternate member to the Board of Adjustmem for an unexpired term ending August 31, 2003. MR450i02 Customer ID . : Last stateme . : Last invoice . : Current balanc~ . : Pending ..... : options, press ~nter. l=Select Opt Date Invoice # 6/03/99 14156 -- 5/22/98 11786 -- 3/23/90 14206 -- 3/23/90 14207 - 3/ 3/90 14 08 City o~ Delray ~each zAorx~a Invoice Inquiry 400 3/01/02 6/03/99 683.54 .00 Status: A ACTIVE Name: GWYNN, JOHN D Addr: 203 NW 16TH ST DELRAY BEACH, FL 334443031 3/08/02 13:18:17 Current Overdue Total billed .00 107.00 107.00 .00 105.88 105.88 .00 68.88 68.88 .00 68.86 68.86 .00 68.86 68.86 MR450102 City of Delray Beach Florida Invoice Inquiry 3/08/02 13:19:02 Customer ID . . . : Last ~tatement Last xnvoice . Current balance Pending ..... : Type options, press Enter. l=Select Opt Date Invoice # 1/10/01 18893 400 3/Ol/02 1/lO/Ol 69.00 .00 Current .00 Name: GWYNN, JOHN D Addr: 203 NW 16TH ST DELRAY BEACH, FL 334443031 Status: A ACTIVE Overdue Total billed 69.00 69.00 F3=Exit F12=Cancel CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ? List &il Cit7 Boards cm wh'ic'h you att curTcTtyserving or hrve pr~viousl7 s"erved: CPicu~ inCiu~ dst~s) __ ~o.~r] o! Ad~uscne=c,-,.199Z-lgg3/Z~5-?ze, sez~-~erm .eJ.~pizes 8/31/00 ~ loe.~d o~ Co~sc~ccLo~ Appt&ls 8. l~cluCmionA! quahficanons: B. A. in arch~ceccuro, Syracu/e Dmiversicy 9. ' '£ist a~Y related profet~iona] certifications and lic~ses which you'hold: ...... Ze~oce,,~ed aTch~tecC~ General Contractor, and Ltceused,.S~i~e Znspecc~r. ! ! 1. ])e~sc~_be eq)e~.eacos, r~lls or k~ow edge ~,ch ~ ~ou to ~= ~ ~b bo~d: (~l~e i~ch & brief ~S~e) m~t~temeflt of meteHo/ ~ ~ntf/ne~ /n ~/s f~;I/~t/on may ~use ~ffe/ture u~n ~ p~ X., ~ s~tt~. It ~~e ~p~m s ~s~ t t m~ ~p~on h on JUN 1 3 2000 CITY CLERK .%14-~3-2888 13:d? SG~ 243 3't'74 9G:'. P.83 C :~ug-O9-O~ ~O:~.2A BSA Co?po?atton o~"2?2 ?:~40 .__--~.'~'02 .- ~,.~x,~- '- ~ ~ '- "' ~ ~' ~'~ ' BOARD MEMBER APPLICATION ~- ' t I111 f -- _ dC;II'Y. OF DELRAY B.F. AC;H- -., ~' * ~1 ! ~ ~ .,BOARD MEMBER APPLICATION ~- · '~; . : . _ ..' I ~~ · , ..... / , 1 /s -~,~h~,-. l~,,~,,.I~~: . I~o-, :RECEIVED allOY I 8 'CITY CL;,'"K ..... IOHN D. GI'V'~'TVN 203 N.W. 16 TH ST. DELP,,.4 Y BF.,A C~ FL. 33~J44 ~ttSINESS OWNER~OHN D. OW~t'NN CONSTUCTION MANAOEML:HT GENERAL CO~FI~A. ~OK I~I~.SENTo co~~ B~R L~IE~ OFFICE). ~I~C ~O~S DEL~Y BEACH BOA~ OF ~LTO~ ~OA~ OF DI~O~ 1~!~92. ~Y OF DEL~Y BFACH BC)A~ OF CONS~I J~O~ APPEALS 199~1~3. ~DUCA~ION B.S. ~D~G CONS~ION, COLLEOE OF ARCHITE~, ~Rsi~ oF ~O~A 1993. A.A. SA~A ~ COM~[~' COL~GE, 19~1. C~AL ~AN ~GH $CH~L, 1977. ~A~ LICENSES LI~SED ~ ~STA~ BR0~R, 1993. LIC~SED G~L CO~~OK 19~5. 0 DELKAY BEACH ~ CITY OF DELRAY BEACH ~ll~~ BOARD MEMBER APPLICATION 1993 2001 Plense tTpe or print the foHo~4ng infotmafon: 1. Last Name: 2. Home Address: 3. ~1 Residence: 4. Pfindpal Business Address: 5. Home Phone: I Business Phone: i [ M.I. City . State [ Zip Code O~ I S~te - ~p Code City State Zip Code IE-Mail Address: Cell Phon~: [ Fax: 6. Are you a registered voter? If so, where are you regtered? 7. ~at B3ard(s) ~e you interested msen, m~? Please hst ~ order of ~efer~ce: 8. ~st a~ Ci9' Boards on which you ~e ~enfly se~-~g or have pr~'iously s~ed: ~l~ase ~lude dates) 9. Educational qualifications: 10. ~i n} p ess'on 1 cemfic gons ~d hcenses w~ch you hold: . 11. Give yourpresent, or most recent employer, and osition.. 12. Des~be [xpefience;, s~s or ~owledge~ch qu~ you to s~e on ~s bo~d: ~ase amcha bfiefresme) I hereby certify that all the above statements are true, and I agree ~nd understan~t that any misstatemtiat 6f material facts con~licafion~ forfeiture upon my pan of any appointment I may receive. SK~NA'~I'QRE DATE Note: This application will remain on file m the City Clerk's Office for a period of ~~~[~}e it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. MAR 9 .Y~T~°''~'''''~'''°~ CITY CLERK March 21,2002 Samuel Resniek 2835 SW13th Street Delray Beach, Fl. 33445 Ph# 561.330.8419 Kafin ScheH City Clerk's Office City of Delray Beach 100 NW 1st Ave. Delray Beach, FI.33444 Dear Ms. ScheH 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. Unfo~mately, 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 resume and a letter fi'om the Mayor of Norwalk, Ct. Hoping to hear from your office. Samuel Resnick 2835 SW 13th Street Delray Beach, Fl. 33445 Ph# 561.330.8419 Res,me of Samuel Resnick 1. Education a) Graduated fi.om City College of New York/n Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Admires' tration and code analysis. Theses courses were given by Building Officials and Code Admini~qtrators, International. (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Ce~fied as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee fi.om 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction fi.om 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and ChiefBtdlding Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (excevt for two years in U.S. Navy and three years in enginering school) worked for various architecanal and ~ngineerin[ firma. OFFICE OF THE MAYOR FRANK J, ESPOSlTO, MAYOR 1995 · o tthoa It :Nay Concern: This letter is by ~ay o~ introduction to a v~ry ~ne architect-engineer froa Norwalk, Connecticut, Samuel Resnick. ADA. /~ion Plans snarlng methods and cost=s to comply with 3. Nayor's Liaison to the Norwalk S~hool committee meetings were attended. Buildinq Com~tttee wherein all City represe~tative for ~e construction of the Concert Hall at city Rail and re~axr of water amage at Rowayton School. S, Code and cost anallmts of various school alterations and addition work. -Sea is licensed in connecticut, New York and Florida as a registered architect, and lit Cormecti~ut, New York, New Jersey and Florida as a _ Professional ~ engineer. He is .-held -....tn . high -regard by those -~n professional field and the city. a~*' 0--a--~ ..... -- ...... --~ ~ ~ ~Set ~0 ' Sin,:erel POST OFF~.E BOX S~25 o ~25 EAST AVENUE NORWALK. CT 0~85r~$~, TL~._FaHONE ~7701 DELRAY BF. ACH NI.America Cily ' BOARD MEMBER APPLICATION 1993 2001 Please t?pe oz p~; the followiag iaforma6o,,' ].' L~gal l~sld=cc: .... Cit~' -' / ' -'; .... S~ara Zip Code 4. P~nc~e] Business Address: ~ S~r~ 7;~ COde 5. Home Phone: Business Phone: E-Mail Acld~ss: Czll Phone: Fax: 6. Arc you ~ ze~t~d vote? H so, ~ ~ ~u ze~d? i0. ~st any z~ted pzofes~o~ ~c:~ ~d ~c~es w~ you hol~ 11. Gi~e yo~ gt~e~k ot most te~t emp~ye~ ~d 7 C } Nora: This application will z~rnsi: cm ~ i~ ~zz a p:iod of 2 yeszs fi'om ~c date subn~ed. It w~ bc ~e spp~t's ~ponslb~ w ~s~ ~t a ~nt app~n ~ on for ~ust~2es ~thln the ~ve for ~ ~y's ~,I982"P. AR~,I987 BEN F. RICE~ & ASSCCZATES F~, Lauckrdale, Fl. Ben F. l~Lcker & AssocLates cq~*a~ as a ocl~urc~al general Col~, Otto ~J~¥ 1977- -October, 1982 1978 Natlc~l ~rect~r of ~lurkettng. respmslble for d&rect mar'~t.trU out the t~tted States. ~<a~oglflg salem foA-e within the ~¥ creating a totol of 83 ogeflc~ Ol~O~tS and ~~ 2.6 -1- P.O. lOX &.I.~04! ·DEI, RAY PEACH, FLOtIIDA ,,~3483 m ~05) ~4.?~35 · FAX ~ · RTW co~,,~~~, ~vc. t~rc'h~ 19?~?mua~ 1977 Cca~ultant to emmerctal banks, large retell risks ~ ~ flel~ 1~1:~ A~R%~f, ZHC. Cocoa I~each, Fl~l~a · 7~z~e 19$3-tlarch 1976 C. ~~ President of ~erican y~ote~tive Life InsurM Co. liars valuable kno~lec~e in the field of ~ acqulsttic~. 2. ~ ~f the FlorLda Assoc~ation of 3:ndep~dent ~nsurance ~t~ente. ~ m the ~ency ~ana~t Om~tttee £or 4 years. 3. _ Charter Prasident c~ ~entral Brevar~ If~~nt ~ents bsoc. level, ~ Beach ~r of Omme~ President S Vice President Strafe Vice President Florida Junlon ~ Seach Vloe Kayor and Councl~ ~ ~each ~er of Ccr~e~ ik~rd of D~ect~rs for & years. President ~or ~e year. Brevard County Planninq · ~onin9 Board tot 4 years · ertcea Club ~l~d ~rvic~ R~ate~ as c~e ~ Florida's Five ~Fabfua~, 2~51 --Junelg$3 KO, BOX ~3.~04! · DELRAY BEACH, FI. ORIDA 334~3 · l[305)?~4.7735 · MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # '-[,3 REGULAR MEETING OF APRIL 2, 2002 APPOINTMENT OF CHAIRPERSON TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION MARCH 29, 2002 Chapter 35.032(A)(1)(b) of the Code of Ordinances provides that the City Commission shall designate one member of the Public Employees Relations Commission as Chairperson. The following persons are currently serving on the Public Employees Relations Commission as regular members: Harvey L. Brown Todd Jackson Lorraine Kasper (term expires 06-30-02 not eligible for reappointment) (term expires 03-13-04) (term expires 01-29-06) Any one of these individuals may be appointed Chairperson to serve in that capacity for the duration of the term. Recommend appointment of a Chairperson for the Public Employees Relations Commission, at the discretion of the City Commission. Board commission memo perc chmr 03-29-02 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION L. " HOME ~DRESS (Street, Cit~, Zip Code) (LEG~ ~ESIDENCE) ~. -- ' ~RINClP~ BUSINESS ~D~SS (Street, Cite, Zip Code)~ - -' LIST ALL CITY BOARDS ON ~HICH YOU ARE SERVED (Pleas.e include dates) CURRENTLY SERVING OR HAVE PREVIOUSLY EDUCATIONAL QUALIFICATIONS LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST CENT EMPLOYER, AND POSITION~~/~~ ~ DESCRIBE EXPER.IENCES, SKILLS OR KNO~EDGE WHICH QUALIFY YOU TC ~ERVE ON B PLEASE ATTACH A BRIEF RESUHE. I HEP. EBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISITATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- · TIO~- MAY.~AUSE FORFEITURE I~PON MY PART OF ANY APPOINTHENT I MAY RECEIVE. ~,t 104 Seabreeze Avenue, Delray Beach, Fla. 33483 276-445~ ]~~t~llinois. Resident of Delray Beach, Fla. since 1947 -~~ from Delray Beach High School 1947. ~.-~~,~/ from University of Florida 1951, Bachelor of Science .'~~,~ .- Bus~ne~ Adm~ni~tration/Marke~ing/In~urance ~~~;.; Captain USAF, 5 years. Fighter pilot. 63 Combat Missions Korea ~'~%'f with Distinguished Flying Cross and Air Medal with 3 OaS'Leafs .'.-~;~" Separated from service w~th Honorable Discharge 1955. -~ ~.~gurance~ business in Delray Beach in 1955 as agency general %ines ago~[~::~Obtained'Flor~da 2-20 license with additional licensing for Life, · HoB~h:a~d Associated Products. 'GrWd~j~,~, 'Aetna Casualty & Surety Co. agents course. CertifY'cutes fFom Florida Association of Insurance Agents fief various ongoin9 '~n~V~ance cou=ses. .p~~t (twice) of South Palm Beach Insurance Agents Associat~on. gen . ;%~~~Or and president since 1960 ~n De,ray Beach. '~~e'oxperience In all lines of ~nsurance. . .F~~%craft insuranse agent appointed by American Hercury Ins. Co..,-'in .1961. ~~urod all types of a~rcraft including Ford Tri Motor, Homebu~t'B up to ~ '4]~O~'~e'.Jets. ~ost recently arranged ful~ coverage for 1944 A26C bomber.6/89 ~&:Ma~d'2o'Gayl Laymen s~nce June 1955. ':~hr~%Ch~d~en, gi=~s ages ~ and~2 . one so~ Harvey, ~=. age~ ":~[~f~b-ch~ren graduates o~ Un~. o~ F~o=~a, a~ ga~u~ employed an~ .N~Z~O1 Or drug use or problems. ?.?~gb'?board of directors and 2 ~erms as board presigent. .'~L[~~Tas CS~ercial P~.lo%, Instrument rated with Multi 2hEine Land, Multi ',%~'~"~$ne. Sea and S~ngle Engine Land ratings. 5000 hours total fly~ng hours. O~-~ ' has owned and operated its own aircraft, based at Lantlna Airport '~' '1964. o~ Florida Aero Club, Experimental Aircraft Assn.(Life Me~ber) and other aviation oriented groups such as AOPA. - 'aircraft experience with type rating flying Gru~an Rescue aircraft. 5 years in Air Force Reserve flying SA-16, · ('~ l~eech D-18 aircraft at Pal~ Beach International Airport. aviation history organizations since 1956 and regular guest on aviation hi~tory at service clubs, educational group~;'etc. :."~op~cs covered ~nc%ude Aircraft Insurance, The Red B~fon, The mys~ery,,:Genera1 Aviation and Its Impact on Loc~! Manager and Znsurance Supervisor lot"the City of Delray Beach. y Club of Delray Beach with 29 years perfect attendance. for 1993-1994. ['-Delray Beach Library Board for 9 years- President 1 term. CITY OF DELRAY BEACH BOARD l~l~ER APPLICATION C HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) PRINCIPAL BUSINESS ADDRESS ('Street, BOHE PHONE ~_~ 2 -~OS'O ON ~HAT BOARDS ARE YOU INTERESTED IN SERVING City, Zip Code) LIST ALL CITY BOARDS ON I~HICH YOU ARE CURRENTLY SERVING OR BAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS ~_,~e~s U~rc Se~e~,~¢e v~'~ ~,~.CC..-" /~' )'~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES I~HICH YOU HOLD GIVE YOUR PRESENT, OR HOST RECENT ~IPLOYER, AND POSITION ('~_{~ff ~% ~ DESCRIBE E~ER~ENCES. SK~LLS OR ~O~E~E ~ICH QU~I~ ~OU TO SERVE ON B0~ .~[~°~ ~, , ~EEST~ ~T ~ ~SSTA~ OF~T~ PACTS CO~AIN~ ZN ~IS TION ~Y CAUSE FO~EI~ ~ON ~ P~T OF ~ ~POI~ Z ~Y DATE 4/90 CITY OF DELRAY BEACH BOARD ~EHBER APPLICATION ~:'~.~ Kaso'er ~0 ~i,~h T~: Dolre~z ~cl~. Fl ~3 N.W. 5th ~e~ Boca Eaton, FL ~O~ ~DRESS (S~ree~, City, Zip Code) (LEG~ ~IDENCE) 33431 none PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE ~ 407-750-0609 BUSINESS PHONE none ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Return to Board of Adjustment (unless you felt I would be of more value elsewhere) CSB ,,/ee LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE SERVED (Please include dates) Board of Adjustment PREVIOUSLY EDUCATIONAL QUALIFICATIONS See brief .~umm~ry LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Profess~ o~,ally: GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION teacn~n~ fr~,shman chem a% ~,~-Baraboo ('~'~scons~n) One season I worked nart time at DESCRIBE E.XPERIENCES, SEILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD see abtached - I feel beina tra'ined in science allo'~'s one to learn %0 think and act lozically PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. SIGNATURE DATE 4/90 At. present I am a member of the Board of Adjustment which is being phased out and reconstituted. Prior to being appointed I submitted the following information. After serving on the Board of Adjustment for a short period of time, I have found that I would like to continue on this board if possible (unless it. is felt that I might be of more service on another board). ~ Previous Submission Follows I would still like to be considered for an appointment to one of the City Boards. As I indicated in my previous request Code Enforcement would be my first choice. However, I would like to serve on any of the Boards. Since my last request I feel that I have gained more knowledge and e×perience in City matters~ When I applied the first ~ime to a published request for °'new blood"~ I took the news item literally. I now realize that appointments are made on the basis of experience among other things. Therefore, I would like to have the following added to my previous submission. Participant in the second session of Visions 2000 Served as co-chairman of the task force dealing with public facilities during the preparation of the Comprehensive Plan. I have followed through the entire process of the whole plan by attending subsequent meetings. Prequent attendance ac City Commission meetings to learn the processes involved as well as attendance at other City meetings - such as Planning and ~oning~ Se~er Board meetings held with Boynton Beach, etc. My education has been in Chemistry. I hold both a BS and MS in Chemistry from Marquette University. I have additional credits in Secondary Education and Library Science. My professional career has been in teaching college level Che~.istry~ laboratory work, running a technical library for a drug firm, setting up a literature retrieval system for another drug firm~ and editing and abstracting for Chemical Abstracts Servi cee. klorraine W. Kaspe~ 3000 Spanish Trail Delray Beach, ~1. 33~83 Phone 276-2S90 MEMORANDUM TO:. FRO/vi: SUBJECT: MAYOR AND CITY ODMMISSIONERS ~J~)CITY MANAGER AGENDA IWEM ~=~ K- REGULAR mEWiNG OF APRIL 2, 2002 A VOmTMENT TO Tm ELDER m AD¥ T SK FORCE DATE: MARCH 29, 2002 Reverend Richard Smith has forwarded his resignation effective February 13, 2002 creating a vacancy for an unexpired term ending November 1, 2002. To the extent possible, the Elder Ready Task Force shall include but not be limited to members who represent Senior Citizens, the Community at Large, the Chamber of Commerce, Florida Silver Haired Legislature, Community Neighbors Helping, Chaplains Association, Hospitals, the Police Department, the Fire Depamnent, and the Parks and Recreation Department of the City. More than one member fi.om any particular group is permitted as long as the task force representation is broad based among those who work with or have knowledge of current elder issues. The following have submitted applications for consideration: William Beveridge Rosa Bush Leonard Epstien Sandi Franciosa Dana Goldberg George Maso Michael Rosenbaum Fran Sachs Leon Sachs Karen Schell Alan Thiemann Retail Manager Retired Broker Retired Sales/Marketing Realtor Freelance Editor Retired Teacher Retired Government Administrator Executive Assistant Business Management A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered with the exception of Michael Rosenbaum. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Recommend appointment of one (1) member to the Elder Ready Task Force Committee for an unfulfilled term ending November 1, 2002. Board.Commiss:onaMemo/Elder Ready Task Force Fob. 13 2002 Dm-SLip, I am ~si~,nln~ from my duties on the Elder Ready Task Force. I do so with rt~rets but my time at church is a bit overvdielming at the l~-~.nt ~. Thank you for comidering me for Rte work. · .-'-.-, CITY OF DELRAY BEACH 1993 2001 _Please ty~e m ?~int the follo~ in£o~don: 1. Last ~tg~_4f~~ Home Address: 3. Legal Residence: 4. Principal Business Address: 5. Home Phone: l Business Phone: N~e City City E-Mail Address: Cell Phone: State Zip Co4e State State Zip Code Zip Code IFax: 6. Are y u registered voter? If so, where are you registered? 7. ~_at Board(s) are 3~lu interestedjn servinK? Please ~st in order of preference: 8. List all Ci? Boards on which you are mu'rendy serving or have previously served: (Please include dates) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. Give ),our present,.or most recent employer, and position: . 12. Describe experiences, skills or knowledge which qualify you to serve,on this board: (Please aj4ach a brief resume) I I hereby ceftin' that ail the above statements are true, and I agree and understand that any misstatement of material facts contained~in flus applicau~ may cause forfeiture upon my part of any appointment I may receive. / ,,fSIGNATURE / ~/ DATE Note: This application will remain on file in the CiD, Clerk's Office for a period ofl~ ~-~ ~~. [~,te itwas submitted. It will be the applicant's responsibility to ensure that a current a~515h'~a~on ;s on file. CITY CLERK DELRAY BEACH ' ~ CITY OF DELRAY BEACH II1 ! BOARD MEMBER APPLICATION 1993 2001 Please tTpe or print the following info__n~__ntion: 1. LnstName: ~/4.5L, 3. Legal Residence: 4. Principal Business Address: State Zip Code c ,~a,~ ~'L ~~ I City / State [ Zip Code State City Zip Code 5. Home Phone: 6. LT. Business Phone: ] E-Mail Address: Cell Phone: Fax: I Are you a registered voter?/~1~$ If so, where ate you registered?y9 . rr~e./o¢¢' -Xt /7,,? ,. ~'~ ~dul H-f-,~ ,~r,~ 8. Last all City Boards on which you are currently serving or have previously sen'ed: (Please include dates) 9. E~lucaTional. quahficauons: /'/ ~ ' ' c/ J - ' ~ 10. List an)' r~ated professional certificauons and hc~nSes wl~ch you hold: 11..Giv,e yom gresent, or most recent emt~loye~, and ~)osition: , /d. ed,k 5,~.o_,,,I,~--/' ~ ~..~. ~d~ ~/~~. ~l.~ ~.~z . -. -' I I / ' 12. Describe experiences, s~s or ~owledge whi~ quah~' you to se~e on ~s bo~d: ~lease at,ch a brief resume) ~d ~ ~. ~d~ ~. ~. / ~ ~ ~ t~ sa ¢~ /~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained m this apphcation ma), cause forfeiture upon my part of any appointment I ma)' receive. SIGNATURE DATE RECEIVED Note: This apphcation will remain on file in the City Clerk's Office for a period of 2 yeats from the date it ,,,,'as submitted. It will be the apphcant's responsibility to ensure that a current appi~cafic0a~ot$ ~e2001 S~'ITYCLERK ,BO&RD s, PPLIC &'TIC\ CiTY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION RECEIVED 0 C'T 1 2 2601 I comp,atari a ,fid. rship ,ralnl. g course given by the Area Agancy~T¥ CLERK Aging. I currently speak about the a~ncifi' purpose to various organizations. I have also completed the Senior's course given by officer Skip Brown of Delray BMch. I am chairman of ~lder Affairs commHtee at the Alliance of ~lray A--~M~ns. I h4ve also ~e~ on the Jewish Commuhtty Center ~a~ and chairmen of their F~mily Division at the Weinberg C~Mr In DelMy BMch. I believe I can help this committee function with the knowledge garnered from all the above. I had spoken to Jon Levlnson about the pc~sibility of my appointment to this commit'tee. I~lease call if j~ou have Mny other questions. DELRAY BEACH ' ~, ! ! !~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 ~,~ {~~.[ 2001 Please t)Te or print the following information: Legal Residence: 4. Pzincipa] Business Address: City [ Z~ Code State Zip Code State Zip Code 3~/Home Phone: I Business Phone: ! E-Mail Address: ~,. ,I Cell Phone:d"~t/ I Fax: List all City Boards on which you are currendy serving or have previously served: (Please include dates)~ 9. Educational qualifications: 10. List any rehted professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, s~ or 'l'l~owledge which qualify you to serve on this board: (Please attach a brief resume) , contain/I/in ?his ~t.n?ic.qtinn rn~lv taupe F~rie~, ,~re u~on ~,~' pan of sub,ned. It ~ be ~e app~nt's :esponsib~ to ensue ~at a c~ent avvhcafion is once. CiTY CLERK DELRAY BEACH ~-A.I,,d~C~ CITY OF DELRAY BEACH ~11~~ BOARD MEMBER APPLICATION 1993 2001 Please tTpe or print the followine information: 1. Lest Nam, ~//~~ 2. Home Ad( 10381 La R¢im Road l~lray Beth, FL 33446 3. Legal Residence: Principal Business Address: o, bove 5. Home Phone: [ Business Phone: 6..Are you a registered voter? ¥ g ~ Name M.I. City State Zap Code City State Zip Code City State E-Mail Address: [Cell Phone: I F x: ;v'nOIoa~.aol.c~ 302 - '~5q9- If so, where are you registered? Zap Code 7. \X%at Board(s) are you interested m servmg? Please list in order of preference: . 8. List all City Boards on which vou are currently sezving or have previously sen'ed: (Please include dates) fix 3r. l. eca~ ~f' g~,,,,, F.a~c~ ~ .6.£. ~lz~e, ~,~ 9. ~cafional qua~cafons: .... ~ 10. hst any rehted professional ce~ficafions and ~censes w~ch you hold: , above 11. Give your present, or most recent employer, and Pot~it/on: ~ , 12. Describe experiences, skills or knowledge which qualify you to sex~*e on this board: (Please attach a brief resume) I he;ebj' 'cert~ t~at ~ the abov~ '$tatemefits'~e-t~, ~n'd I agre~ in~ un'd~tand that any misstatement of material facts contained m this application may cause forfeiture upon my part of any appointment I may receive. - /-- ,,/" j ~.~ ~ ~"~ ~'~%ll=:r~ Note: This application will remain on file m the City Clerk's Office for a period of 2r~s~rom ~e"~ate it was submitted. It will be the applicant's responsibility to ensure that, current applicon ~s~l ,o,~ APPLICATIO'~ Ol'l'~ OLERK DANA GOLDBERG 10381 La Reina Road Delray Beach, FL 33446 (561) 638-8591 (561) 302-8592 (cell) OBJECTIVE To obtain a challenging marketing and sales position which will utilize my skills education and experience for mutual benefit and optimum professional growth. QUALIFICATIONS · Service oriented effective interpersonal communication skills necessary to generate new business and maintain existing accounts. · Highly motivated: extensive and ongoing interest in related senior issues regarding health and quality of life. Active and professional in community based programs regarding seniors. SALES RELATED EMPLOYMENT · LifeTrak by lturan 2000-2001 Marketing and Sales Consultant Electronic location products for the senior market. Presented and demonstrate equipment to potential clients such as; health care providers, direct consumers, physicians, nurses, social workers, and senior centers. Established and maintained rapport with associations of the elderly, participated in events and trade shows for the public and the industry. Responsible for editorial of the company web page, newsleffers, brochures, newspaper articles, and advertising copy. · East Coast Marketing Marketing and Sales Associate Currently affracting new accounts and servicing existing accounts. Confer with clients, evaluate market area with management, attend and participate in trade shows and presentations for food distribution companies. · William Raevis Real Estate 1989-1991 Licensed Realtor Obtained and marketed listings, represented buyers in negotiations for sales. Supplied information and resources for remodeling and new construction both for listing and buying a home. · Outdoor Sports Center 1988-1989 Sales and Administrative Associate Sold hard good and soft goods. Compiled and analyzed inventory and sales data. Maintained employee incentive programs. EDUCATION Bachelor of Arts: Political Science - State Univemity of New York at New Paltz Teacher Certification: Western CT State University COMMUNITY ACTIVITIES Junior League of Boca Raton, Watemedge Elementary School Parent Teach Association, Board member of the Tierra Del Ray Homeowners Association, Alzheimer Association Volunteer CITY OF DELRAY BEACH BOARD MEMBER APPLICATION '=IEOEIVED FEB 1 5 CITY CLERK tFb..~w i)o3 I III I I mai t · - t II EDUCATION: ' ' ~Lh~nh ders~aduate Desr. In Law University of UrusuaY Universlt~v of Urugua,v POSt Doctoral Studiff in the areal of Business Adminigtration, International linldn~, foreign Relations, Communications. MarEeting, Media, Publicity', I'~OFMBIONAL A.WILIATIONS: For~lS,~ Press Center of New York, International Pre~s Ass~iation, Presiclent.~97~-75 UoM Club International ASsodatlon,'Board of Direc{or$ Cl~lrtet 1'~'es~dent of United Nations Lions Club-1977 Latin American l~ederation of P~bllc Relations, Member of Board U~Iversity..M IllinoiS, Chicalo, IllinOiS-Department of Criminal I~:tice Guat ~ctur~r. Florid& Atlantic University, e~a ~ton, florida-International Trade Sp,etalist, Cou~elor LANGUAGB FLUENCYI ~En$11sh, French, Italian, Porturuese, Spanish FROFISSIONAL ~X?ERIKNC~ As consultant, advisor, evaluatot, negotiator, and Impalementor with exte~slve Ind dlvarsl.~ed experience in bo~h public end priva~ se~or, in ~e Middle East, FxT ~ut, lurope, Nor~ America, end Latin Amerce with, [or ~d o~ ~hal~ ~f cllenta involved In International business ventures. Spe~iaI appointed r, eBotiator for barter of Uruguay sheep/mutton for Kuwait crude oil. Concluded and implemented two c~n~racts in I978 and 197~. Grace Chemical Corporation, New Jersey, a~ Brazil (Petrobras). Negotiated desalinization plant contracts between ~razllian Government Royal Commission Ouball) ICing·om ~f $~tudi Arabia, Plant completed and ~ atream In luna 1~81. . · Central f~gure in developin8 1~,000 unit apartment house project for the M~nlcyallty of Guayaquf], Ecuador (Banco de'la Vivienda).' Special assignment with ITEl, Corporation, San Francisco, California in ~.~eJu~tton wlth Mexfcan'Governrn~nt (CON~ASUPO) tO l~cace a~d retrieve Special consultant to ?resident Itold~ ol~,Ecuador to arren$.e, barter betwee.n E~uador and India, . , ' ~rrange for seafood products of Mitsui Corpor. at'fon, Osaka, lepan by Trans-o- l:ilh Company, NYC for comprehensive U.S. distribution · Arranged financ{ng for AMESA, Uruguay, for Its sugar refinery..(USO 2? ~tltion, eoeepleted In three ~h~es). M$o AM~$A, Uru~uaF have arransed U~D 12 million loin with OPIC, Washington, .DC [uarantfl: This transaction wu mmplit~ within flrlt quitter of 19 . Intertec $.A., ape. cial consultant to ~razll, Arsentfna and Uruguay In' fete}national finance, .bankinff., free trade zones, for the new common market. Special advisor to the Czech ltepublfc in the ~rea$ of international Banking, International Trade. and International Relations with Latin America. d ~mmercl, developer o~ Industrial pro~ct~ an~ commercial contracts. ~ouble shooter ~or Sovemmen~ and ?d~pendent bus,ness in important ~i~ve and delicate Ireu, . . PROFESSIONAL INTK~. NAT~0NAL I~ITOL¥£MINT: AJsfsted LR putting toðer Lf'Rt~LBOL rr~up ~twe~n Uruguay, Paraguay and ~]ivla.. Colla~rated and ~evelo~d ~rfg~na] scheme and implemented same ~p~esentin~ ~e government ~ ~r~guay. P~rsona! advLsot to Bolivian 'President B&rt~entos. Arrar~ged /~nar~clng and supplied SO~ ~a~ors to ~6vernme~t of Belly,s by Titan Tractor~or~ra:~on, New York· . Coordlr~ated and Implemented a pro.~e, ct o{ ho..usir~g and apartment corn?Texas fez' the Municipality of Mor~tivideo, Uru~'a¥. Over a perlbd of five year~, ~enonal lIvln~ ~ndltlo~. ~ls project was a Jo{~ effort ~tween Zntet American Development la~ and ~ City d MentorS&o. " · Repreaent~tive of Uruguay to LrN~O Paris, Prance. Conducted ~e.r~nars in Representative of IXPO 70 Osaka, Japan.. Led private a~d of'facial sectors. Publisher of New. spaper IXTRA rot "ldiciones Orientales Cooperative Perlodfstiea" Montevideo, Uruguay. · Special advisor to Dr. Jose Morn Otero, Minbtei' of Foreign Affairs, Uruguay. United NatlonJ, NYC - Information and press advisor to government of U~guay. Special Advisor to Arabs. sander of Uruguay to the United N'a~ons. $~'- B~: I',~ic';.~,-3. ":$enbaum; 561 495 5701; Nov-27-01 4:18PM; Page 1/1 .~ .;,.u~ ~.,~ .r~:~ J'AA $~1 ~,i3 3??4 CIT~ Cl..~ I~ooz BOARD MEMBER APPLICATION 200'~ Cod~ zip Cod, Zip Cod~ E-Msil Addzess: Cell Phcme: Pi~se o~ ; ~: ~' C.m: 3~, ~,~. an which ~ou ~ c~enfll' s~'ing ~ h~ve ~t~ous4;s~e~ I i ' .. · ' ') Edu~.~.~al q~n.,non,. , · ~ . ' 1(' l~, ~);4 ch!e~P~f~s~op4 c;~fions ~d ~c~ w~ch you hold'. Tl~s apphc~uo~ ~ · ' zum~.a on f-ge in ~e City Clerk's Office foz ~ pe. tiod of 2 ye~. flora the dare subrrurtgd, lc will be r. hc appli¢snc's zespoasibility £o r~su~ cha~ ~ cuzz=nt ~ppbc. aaon is on file, RECEIVED NOV 2 7 2001 ~rrv ~1 I::RK By: Mlct3ael Rosenbaum; ~3(~1 4~3 ~ul; Nov-28-01 7:07AM; Page 1 /1 Te~ Karen ScheleBoarcl Ualsons Feem~ Michael Rosenbaum 243-3774 I~ Nov~r 27, 2001 _l~ 243-705~ pa~a I Elder Ready Task Force I-I Urgent C3 Pot Review I'1 Please Gommef~ I'i ftloea4 Reply !'1 Please Recycle *¢,eeu'M,a(:~ [Cl~-..k here and type any cm'nments] RECEIVED N0Y 2 8 2001 CITY CLERK S~I ~43 3?74 CITY CLERK 1993 C~u' / I ' D¢.c:fi,~ e<prncnccs, ekdls ot km:,~'lctlgc ~ch qu~ you to sCzvc on t~s bo~t~ ~le~e .t~ch a bficfzesume) _ , · / ~ -~ . ~j ~ co,,~,.rd ~,~ :hl~ aL,L,b~anon CiLia) ~n,,it fO~g;t~C up~lt my pe~ of~y ~ppo~e~t X ~} recei~'e. I"'.ITM f'.l I::RK $61 ~4~ ~?T4 ¢IT¥ ¢llrEE BOARD MEMBER APPLICATION 1993 2001 E-Mail Ad&es:: S Li, t aU Cra' B,',ards on ,a.,h,ch you art cm-.-cndy se~.'iag ,.,t havc l:U'ev/0usly served..~iea~e i'~clude datc~) List ;',nv xel;,cd p, ofessl,.,n.'d o=,~6cation~ nad liccnse~ wl~c'i~ you hold: I1 Gsv¢ ~,,u~ p:¢-cm., .... ct mo~t xecent emplo?er, apd position'. _ C_ITY CLERK pE, LRAY BEACH .. · ~ '~ITY OF DELRAY BEACH 'BOARD MEMBER APPLICATION 1993 2001 Plesse type oz pnnt tbe followin~ infom~tion: !L L~stN~me~6// I 3. Icg'al Residence: ' 4. l~in~.l Busings Ad~ss: 5. Home~9_ Phone:7~ 6. ~ you s Name Ci~ / '- s~ E-Mail Address: [ Cell Phone: Fax: If so, wbe~e ~ you t'egis~d? ~.tq~ ~/hat ]3o~_=~s),tre yg~j inte~-ste~L~n s~. ]ease~st in oede~ oleprefe~ence: Zip Code Zip Code 8. List ~!1 Cit3' Boards on which you sre cu~ently serving or have previously served: (Please include d~tes) 10. Li~st,/~,}y ,ehted p,of~.sd~ona]~~do~s and ~ice~nses m~lhich you/ho_Id:\ 11. Giv~,your pre~,~g~Tr 'at./t' most _u~~Ttecent ployet, and position: t ! I hereby certif3r that all the above statements are true, ~nd I agree md understsnd that any misstatement of mateml facts may cause forfeiture upon my part of any appointment I may zeceive. SIGNATURE' DATE Note: This application will reana/n on file in the City Clexk's Office for a period of 2 years from the date it was submitted. It will be the applicant's tesponn'bility to ensure that · cun~nt application is on file. ~TI'Y~L~J~OAADI~J~LI(' ATION CITY 4)F DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Not~: This application will remain on Ee in the City C.k~', Of 6ce for, pe6od of 2 ,t was submitted. It ~ be the ~m~r=rmnt's mponm%~ty to ensun that · ~nxent applicm~,,o~ (}ITY GLERK (561) 272-3299 ,,R,thlemmm~laol.com aeminars. Evaluate lind integrate HRIS acUvities to monitor E~ p4w'Ucipa~,on and (January ~995- (Novqlmber 1997 Io NoYmTlber 20CX)) Me(Splex RMmb-PakT~ Be~c~, We~t Palm Beach, Florida no~ncy Intake and Evaluation Deparlnmnt, Crisis IntMvenlion and CounM~ng I~/cho~'~mpy SenSes. Chaired fa~lity's Quar~ Assurance, Utization Review, and Risk Management Committees. Coordinated treatment team meetings to evaluate the quality and ~ppropriatermss of clinical services, ensure the timeliness taxi Iccumcy of clinical (June 19M - Demmber lee2) ' Mister of Business Adminis~'l~<~: Florida Allanlic Univolt, 1997 Master of Arts, Pnstm'a[ Theology: St. V'.x:ent De Pm~ Regional SMnk'mry, 1eec Member of the Ameftcan Society for Training and ~ (ASTD) Athimnann~sol.com 6UMM~RY OF QUN,JFICA~S °A Unstm's degru in Bt.inNs MminiWnUon (HBA). with an efTq:Msis m Otpnlzat, M~ Dev.lopm.~ mci Human Resotroe ~nt · Nntkxtal catbT, c:nt~ ns a ~enior ~1 in Iknnan ~ (SPHR) · Proven ability t~ conduct m'ganizaUonal and deparlmen~l n~ed~ anal~, then to design, MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEMU~[.- REGULAR MEETING OF APRIL 2, 2002 APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD MARCH 29, 2002 The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. This Board has not met since June 1998; however we have been inform_ed that a case is pending. The term for Marilyn AlfoM and Edward Ostrowski, Jr., regular members will expire on March 31, 2002. Evelyn Dobson was appointed to the West Atlantic Redevelopment Coalition creating a vacancy for a regular member. This leaves a vacancy for three regular members. Ms. Alford is not interested in being reappointed. Mr. Ostrowski has fulfilled one full term, is eligible and would like to be considered for reappointment. John Miller, Jr. is an alternate member and would like to be considered for a regular member. The following have submitted applications and would like to be considered for appointment: John Miller, Jr. A1 Nathanson Edward Ostrowski Janet Patrick Willie Potts, Jr. Donna Russo (alternate) (incumbent) A check to confirm that all are registered voters was completed; all were registered with the exception of A1 Nathanson and Willie Ports, Jr. Also, a check for code viohtions and/or municipal liens was conducted. None were found. Based on the rotation system, the appointments will be made as follows: Commissioner McCarthy (Seat # 4) Mayor Schmidt (Seat # 5) Commissioner Perlman (Seat # 1) Regular member for a term ending March 31, 2004 Regular member for a term ending March 31, 2004 Regular member for a term ending March 31, 2003 Recommend appointment of two (2) regular members with term ending March 31, 2004 and one (1) regular member to fill an unexpired term ending March 31, 2003. ~l.Amedca Cit'y 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: l. LastName:· , ,,~',M/rfP'// 2. Home Address; 3. Legal Residence: 4. Prineipa] Business Address: Name State Zip Coae Zip Code Zip Code 5. Home Phone: [ 'BusinessPhone: I E-Mail Address: I Cell Phone: I Fax: 1 6. ~eyouare~ered~oter? ,/_ Ifso, where~eyoure~ered?~. ~ _ '._ ~,~,~ 8. ~ ~ ~ Bo~& on w~ch ~ou ~e ~en~ se~mg or have pr~o~b ~e& ~le~e mdu~ ~tes) Educational qualifications: . · , ~ , ~. ' , s.~./~,,..~d,,,,. -, :,~/~,_, ,~,,.~..- ~t~.& 4~ ~0. ~u-my related prof~s~onfl ce~tiSns md ~nses wN~ you hold: 11. Give your present, or most recem eTn. ployer, and position: / - ,gar//://,,, F,..:,.:-/,,.,._, ' , / 0'/ I,'~,' 12. Describe experiences, skills or knowledge vAich qu,~fy you to serve on this bom'd: (Please attach a brief resume) I hereby eenlfy__that all the above statemenn are..}~.~e, and,_I,a, gr, ee,.~_.~d underrtand that any misstam'nem of material facts containecNtf'this)al~plication_may cau,sa4~rfeitul~it:iS~d~ ~=fl~y appoinunent I may receive. SIGNA/TI~. ' ' --,/ DATE / /' , CiT, V t-, Note: This application will remain on file in'~e ~n-y'~l~r'Ii 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. 2000 to Present 1995to2000 1992-1995 1986- 1993 EDUCATION BUSINESS/CIVIC John E. Miller, Jr. 282 Sherwood Forest Drive Delray Beach, Florida 33445 (561)865-9483 CORPORATE EXPRESS, A Buhrmann Company, Deerfield Beach., Florida Furniture Sales Manager/South Florida Division Responsible for the recruitment, ~aining, and sales volume of outside sales representatives with a focus on prospect development and market penetration. Assist design and operations in s~'ategic planning and help to leverage our separate business units to increase market share. FREEDMAN'S OFFICE FURNITURE, Tampa, Florida General Manager, January 1998 to Present Provide training, leadership and decision making responsibilities in both the sales and operational aspects of a high volume, mid-market office furniture dealership. Oversee customer service, delivery and installation, inventory control and merchandising functions as well as provide the sales staffwith training in sales techniques, product information, negotiating, and profit optimization. Outside Sales Manager, April 1997 to ~lanuary 1998 Accountable for the recruitment, lxaining, and sales volume of outside sales force with a focus on lead gene~tion and new business development. Sales Representative, October 1995 to March 1997 Identified and qualified potential clients and assisted them through the sales process by utilizing my product knowledge, communication skills, space planning experience, and problem solving abilities. AARON RENTS, INC. Store Manager, Clearwater, Florida, October 1994 to September 1995 Store Manager, Pembroke Park, Florida, August 1993 to September 1994 Assistant Manager, West Palm Beach, Florida, June 1992 to July 1993 Responsible for all operations and revenues of two .Aaron Rents, Inc. profit centers and assisted in the operation ora third. Duties included personnel decisions, accounting, customer relations, maintenance, sales and marketing, A/R and A/P, and budgeting. MII.!.ER'S SIGNS AND DESIGNS, Delray Beach, Florida Owner, 1986 to 1993 Worked during college as a free-lance commercial artist specializing in sign painting and calligraphy. Also experienced in logo design and illustration. Florida State University, Tallahassee, Florida Bachelor of Science, Marketing/Sales Management, 1991 Progressive Residents of Delray, The Broward Alliance/Business Development Committee, Ft. Lauderdale Chamber of Commerce, Coastal Conservation Association, Florida State University Alumni Association Sune 21,2001 John E. Miller, Jr. 282 Sherwood Forest Drive Delray Beach, Florida 33445 Patricia Warren City Clerk's Office City of Delray Beach 100 NWI st Avenue Delray Beach, Florida 3344~. Dear Pattie/a: Thank you for taking the time to speak to me today about the opportunities available on some of Delray's advisory boards. My family has been in Delray since 1903 or so, and I have recently relocated back here after spending six years in pinellas County. I am eager to become more involved in the community and these boards seem to be a great channel for doing so. While living in Pinellas County, I was involved in several community and business organizations such as The Pinellas County Volunteers (environmental clean-up and restoration), Sales and Marketing Executives of Tampa Bay, The Westshore Alliance, and The Coastal Conservation Association. Since I have moved back to South Florida, I have become involved with Junior Achievement, The Broward Alliance, The Ft. Lauderdale Chamber of Commerce, and The Progressive Residents of Delray. My work takes me to many different areas in Florida and I feel the perspective that I have of how Delray compares with, and is perceived by, other communities would assist me in serving on one of the city's boards. If you have any questions, please do not hesitate to contact me at my home number, or at my e-mail address, which is iohn.miller(~cexo.com. Thank you for your consideration. Sincerely, RECEIVED JUN 2 7 2001 CITY CLERK ~ 'CITY OF DELRAY BEACH ;ll~J BOARD MEMBER APPLICATION 1993 Please type or pri~lt the following information: I. Last Name:: I _ ,~ / 2 Home Addr~s:- 3. Legal Residence 4. Principal Busi~'s~Address: 5. Home Phone' 'U.7~ 6. _Wha/Board(s) a~e you inte. rqsted in serving.., civic City ~L~ city" [ City Business Phone: State State Middle Initial Zip Code 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. List any related professional certifications and licenses which you hold: 10. Give your present, or most recent employer, and position:j~.~.~. I~- [? l l, Describe expe.r~nces, skills or knowledge which qualify you to serve ~ this board: (Please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts containe~, ~ ~ f~~ion may cause forfeiture upon my part ~-~ ' FEB ! 2 200! ~, rd ~ 1 SIGNATURE DAT CITY CLERK Note: This application will remain on file in the City Clei-k's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'~CITYCLF_.RK'~BOARD v~PLI C ATI ON Mar- OT O:~ Og:PEla Ed Ostromski .03/06/02 WE/) 08:$? FA~ 56! 243 3?74 CZTY CLERK CITY 2001 Please type ox p~nt the follow~g infon'aation: ~t~te Zip Code ~. Le~lRe-dt-'c'e': City Sta~" ' Zi~Codc 4. P~..~p,d'~u~ess Ad,ess: ...... City ~um "Zip Code S. Home Pbo~c: ' Ba~less Phone: ....... E-M~ A&L-ess:' , Ce~ Phone: " Fax: 8~ List aU ~' Boa;ds on whi~ you ~ ~dy ~ng ~ have ~sl)' s~ed: ...... ~~ " ~~. + 10. ~t ~y feinted professional c~u~om t~d ~cens~ w~c~ you hold. ' ] b~by ~6~ ~at ~ ~e t~ve ;~mm~~ ~ ~, ~1 a~ ~4 vn~nd ~t' Note: Tl~s apphcanon ~ rcm~in on file m the City Clezk's Office for a period of 2 yeats from thc d~te il was sul:m'fitted It will bc the appllcant's tesponsibillty to ~ ~at a c~t apportion ~ ~ fde. RECEIVED MAI{ - 7 200Z CITY CLERK BOARD MEMBER APPLIGAI'iON 199~ Please type or ~ the follov%~ bd:orm~om 2. ~Ad~ess: 306 SW 6th ~ve~ue ~ De'ray ~each ~e Zip~ SA~E 30~ S~.l~th Avenue, Bldg ~. ~= Pho~ .... Bus.ss Phone: E-~ Ad&~s: ~ Phone: F~ 26 ~- 1584 272-7009 7'1 ~{-7 O~ 0 Nu:s~ce ,~atement Zoard TED Center-P6-9~ & 98-~'9 ~igh SchooX P~om~ ' ' ~r8. Levy - C.N.~. community activist, com~tunity °rgan~z~n~ ' ~ JUN 2 9 2001 ~.~ , This ~pplic=ion will remain on ~e b~HelClltTqEle~%'~ for a period of 2 ]n~, ~om the cla~e ii *'~s submitted. It w~] be the app~cam's ~,'e,~ponsx'b~ to ensure tluz a curre, ar fppl~cit on is on ~e. / TO/TO ~c.~'d ~,EL~.gE~;Tgc; ~! :BT T00C,/8C../90 DELRAY BF~CH - ~lIV® BOARD MEMBER APPLICATION 1993 Please type or print the following information: l. Last Name:: Name Middle Initial l~otts, Jr. Willie 2. Home Address: City State Zip Code 634 An~ler Drive Delray Beach FL 33445 3. Legal Residence city State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: 274-9087 Business Ph0ne~74-9087_ /] F~: 6. What Bo~(s) ~ you interested in ~ing? 7. List all Ciw Boards on which you ar~eu~ently se~ing or have previ~sT~e~ed: ~Piease include dates) 10. Give your present, Or mosi recent employer, and ~sition: .... Ports La~ ! 1. Describe experiences, skills or knowledge which quali~ you to Se~e on ~is bo~d: (Please a~ch a brief resume) ~ hereby ce~i~ that all the above statements are true, and X agree and unde~tan~tha~ any misstatement of material fa~s contained in this application may ~use forfeiture upon my of an~ ~.appoJntmqqt I mar receive. ~ E ~ E I VE D SIGNATURE DA~E OlTY OEERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~:ITYC LI~K~liOARD xAP PL I C AT ION DELRAY BEACH ~ CITY OF DELRAY BEACH ~ll~J BOARD MEMBER APPLICATION 1993 Please type or print the following information: Last Name:: 2. Home Address: 3. Legal Residence Principal Business Address: IName City City I Mid~.J.nitial State /,/ I zi-P-c°de State [ Z~4~d& ,W,q-°d* 5. Home Phone.'~,_6 / . ,~30- ~,~ / Business Phone: /b/a,q~ I Fax~'ldrd'~ 6. What Board(s) are you interested in serving?, j . 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~ a. ~onaLqualificatiqns: 9. List any related professional certifications and licenses which you hold: · ,0. Give your preset, or rr)gst recent employer, and position: · / I hereby certify that all the above statements are true· and I agree and understand that any misstatement of material facts contained in this app#cation may cause forfeiture upon my part of any appointment I may receive. ~.,~GNATURE U Note: RECEIVED mTY tEe'Ci~, Clerk's Office for a period of 2 years from the date it was This application will remain on file submitted. It will be the applicant's responsibility to ensure that a current application is on file. ..// / .... ~'t'~,/'/"'~'~t:. ~ 7'~ Personal Information: Education: December 1975 Donna Jean Russo 680 Audubon Boulevard Delray Beach, Florida 33~ 561-330-7701 Single United States Citizen Born June 30, 1944 Social Security Number 263-80-8776 Employee Number 105394 B.A. College of Education Florida Atlantic University December 1980 Master of Science Human Resources Biscayne College Area of Certification: Specific Learning Disabilities K-12 Expires June, 2005 Employment: 1999-2000 1987-1999 1987-1983 1983-1981 1981-1980 1980-1977 1977-1975 22 years with the Miami-Dade County Public Schools as a Specific Learning Disabilities Teacher: Sabbatical £eave Village Green Elementary School Mae Walters Elementary School Lake Stevens Middle School Bunche Park Elementary School Hibiscus Elementary Caribbean Elementary -2- Honors: Teacher of the Year - 1998 Village Green Elementary School Teacher of the Year - 1982 Hibiscus Elementary School Past/Present Leadership Roles: United Teachers Union Alternate UTD Member - 20 years President PTA - Hibiscus Elementary School - 1984 and 1985 Vice President PTA - Hibiscus Elementary School - 1983 Past/Present Committee Participation: Safety and Recycle Team - Past ten years References: Mrs. M. L. Chappotin Principal, Village Green Elementary 305-226-0441 Mrs. Piedad Bucholtz Former Principal, Village Green Elementary 305-279-3920 Mrs. Valerie Carrier Principal, Riviera Middle 305-226-4286 E Mail: carrierv@rms.dade. K12.FL.US ]~IEMO RANDIJM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ] ~) J~- REGIJLAR MEETING APRIL 2. 2002 ORDINANCE NO. 12-02 (AMENDMENT TO HISTORIC DESIGNATION/FONTAINE FOX HOUSE) MARCH 29, 2002 This is second reading and a quasijudicial hearing, for Ordinance No. 12-02 (A, B, & C) mending Ordinance No. 70-89. The Fontaine Fox historic designation contains approximately 2.5 acres of land and consists of Lots one (1), two (2), and three (3) of the Ocean Apple Estates Plat and the south ten (10) feet of Lot three (3) which lies east of A1A of the Palm Beach Shore Acres plat. Lot one (1) lies on the east side of Ocean Boulevard (615 North Ocean Boulevard) while lots two (2) and three 0) lie on the west side of Ocean Boulevard (610 North Ocean Boulevard) between north Ocean Boulevard and Andrews Avenue. The applicants requested amendment of Ordinance No. 70.89 (Ordinance No. 12-02(C)) will remove the historic designation from Lot three (3), Ocean Apple Estates Plat and a portion of Lot two (2), and alter the previous density restriction to allow Lot three (3) and a portion of Lot two (2) to be subdivided into a total of four separate parcels. The historic designation for the remaining portion of the current Lot two (2), the lot that houses the Fontaine Fox House and its outbuildings, including Lot one (1) on the ocean side, would remain. Both Ordinance No. 12-02(A) and 12-02(B) retain the historic designation on the entire property and limit the height on the new lots immediately west of the Fontaine Fox buildings to twenty-eight (28) feet. The difference between the two Ordinances is that 12-02(A) allows an additional two (2) lots while 12-02(B) allows an additional three (3) lots. Ordinance No. 12-02 (A, B, & C) was approved on first reading at the regularly scheduled City Commission meeting of March 19, 2002 based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Devdopment Regulations (LDR), polities of the Comprehensive Plan, and I.DR Section 4.5.1. Recommend approval of Ordinance No. 12-02 (A or B) at the Commission's discretion, on second and final reading, based upon the findings and recommendation of the Historic Preservation Board. The staff recommendation is embodied in Ordinance No. 12-020B), while the Historic Preservation Board has recommended Ordinance No. 12-02(A). s:\aty Clerk\CHEVELL. E FOLDER\agenda memos\Ord, lZOZ04.0Z02 Amend. Fontame Fox House.doc TO: THROUGH: FROM: SUBJECT: 13;~.{~~f. ClTY MANAGER PAUL DORLING,?I~ECTOR OF PLANNING AND ZONING ~/ENDY SHAy, HISTQRIC PRESERVATION PLANNER MA 2002 REQUEST FOR AN AMENDMENT TO ORDINANCE 70-89 FOR A PARCEL OF LAND LOCATED AT 610 & 615 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. Lot 1 lies on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while lots 2 and 3 lie on the west side of Ocean Blvd (610 N. Ocean Blvd.) between N. Ocean Boulevard and Andrews Avenue. Associated with the property is a 1,184 square foot Cape Cod cottage, which was constructed in 1936 of Florida cypress. Designed by renowned architect John Volk and inspired by the trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the Cape Cod Cottage style dwelling is located on Lot 2. Three outbuildings are also located to the west (behind) the existing house on lot 2. All three structures are considered contributing buildings. Zoned R-l-AAA Single Family Residential, the property (including all three lots) is an individually listed historic property in the City of Delray Beach established by Ordinance 70-89. The applicant proposes the amendment of Ordinance 70-89 in order to remove the historic designation from Lot 3, Ocean Apple Estates plat and a portion of Lot 2 (see map) and alter the previous density restriction to allow Lot 3 and a portion of Lot 2 to be subdivided into a total of four separate parcels. The historic designation for the remaining portion of the current Lot 2 (see map), the lot that houses the Fontaine Fox House and its outbuildings, as well as Lot 1 on the ocean side, would remain. The related plat also includes the subdivision of the lot immediately north of the Fontaine Fox House. This lot which is to be subdivided into two lots also contains a contributing 1935 Cape Cod house, designed by John Volk. Additional background and an analysis of the request are provided in the attached staff report. At its meeting of March 6, 2002, the Historic Preservation Board held a public hearing in conjunction with the request. There were six citizens who expressed their concerns with the potential ramifications of the Ordinance amendment. There were no public comments in favor of the proposed amendment. Upon reviewing the staff report and discussing the proposal, a motion to approve as recommended in the staff report failed (3-3). Some of the Board members felt that only two versus three additional units should be permitted to allow limited development yet protect the integrity of the historic structures. After further discussion, the Board recommended approval of the amendment 6-0, subject to the following conditions: City Commission Documentation Meeting of March 19, 2002 Fontaine Fox Historic Property Page 2 1) Maintain the geographical boundaries of the histodc designation (Lots 1-3 of Ocean Apple Estates and the south 10' of lot 3 of Palm Beach Shore Acres). 2) Modify the existing density restriction from three to four dwelling units. 3) Establish a minimum of a 50' buffer between the existing wall at the rear of 610 N. Ocean Boulevard and the adjacent lot to the west (approximately 140' east of the west line of Lot 2 of Ocean Apple Estates as shown on the attached map). 4) Restrict the height of any new construction of proposed lots 3 & 7 to 28'. 5) That the residence at 622 N. Ocean Blvd be listed in the Local Register of Historic Places and approved by the City Commission. The designation process for local listing is to be completed prior to the recordation of the proposed final plat. 6) That the Fontaine Fox House must be listed on the National Register of Historic Places, unless otherwise determined by the State Histodc Preservation Office. The designation process for listing in the National Register will be initiated prior to the approval of the plat. By motion, approve on first reading the ordinance for an Ordinance amendment for the Fontaine Fox Historic Property, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 4.5.1 subject to the following conditions: 1) Maintain the geographical boundaries of the historic designation as set forth in Ordinance 70-89. 2) Modify the density restriction from three to five dwelling units. 3) Establish a minimum of a 50-foot buffer between the existing wall at the rear of the Fontaine Fox House, located at 610 N. Ocean Boulevard, and any newly created lot to the west, by requiring the west lot line of any newly created lot containing the Fontaine Fox House (as it currently exists), to be a minimum of 50-feet from the existing rear wall (as it currently exists). 4) Restrict the height of any new construction to 28-feet, of any newly created lot immediately west of and adjacent to, the lot containing the existing structures located at 610 & 622 NoAh Ocean Boulevard (State Road.A1A). 5) That the entirety of Lot 1, Plat of Hancock Subdivision (Plat Book 76, Page 175), currently addressed as 622 NoAh Ocean Boulevard, be listed in the Local Register of Historic Places and approved by the City Commission. The designation process for local listing is to be completed prior to the recordation of the proposed final plat. 6) That the Fontaine Fox House be listed on the National Register of Historic Places, unless otherwise determined by the State Historic Preservation Office. The designation process for listing in the National Register is to be initiated prior to the approval of the plat. Attachment: HPB Staff Report of March 6, 2002 HAMMOND RD. ~m mil ImmmImmmml ,mmmmmmmmmmmm ii lmmm Nlm m{ <m I .3 2 I ~ ~. ~ HARBOR DRIVE: BOUNDARY OF HISTORIC DESIGNATION EXISTINB CONDITIONS · EXISTING LOT CONFIGURATION, PER PLAT OF OCEA, APPLE ESTATES. HAMMOND RD. -- i Z - bJ> II dmm m mmm mm m m mml mm mm m mm mmm Ii. <: VILLAGE BYTHE SEA LANE m,I ~ I ?2 .3 4 I~ 5 ! mm ~n m m ,,, I ......, LOT3, BLOCK "E,' < HARBOR DRIVE ~{ m "' N APPLICANT'S · HISTORIC DESIGNATION LIMITS AS PROPOSED- REQUEST · LOT CONFIGURATION FOR PROPOSED VILLAGE BY THE SEA PLAT. ~ ~" O~J~.¥ I{:~z:~. FI. HAMMOND RD. '- I 6 5 < "~l VILLAGE BY THE SEA LANE I ~ I PALM BF.,~,~ <: HARBOR DRIVE ~J m P.&Z. STAFF · BOUNDARY OF HISTORIC DESIGNATION- RECOMMENDATION · RELATIVE LOT CONFIGURATION PER STAFF RECOMMENDATION HAMMOND = 5 ~j' - -- - '-'-'- - '- "" -- -- '- - - -' - -"" - ,"' - <l VILLAGE BY THE SEA LANE I a:: [ I ~ ~ I I ? 2 nj''''''' '''''''l ! ','~ IJ ------""--"~ t "~'"~'"" "~ ~ HARBOR DRIVE Z m "' N J ~:::1:: % 0 --~,~- H.P.B. · BOUNDARY OF HISTORIC DESIGNATION- RECOMMENDATION e RELATIVE LOT CONFIGURATION PER HPB RECOMMENDATION.- N DENOTES BUILDING HEIGHT' RESTRICTED TO 2B-FEET. ORDINANCE NO. 12-02(A) AN ORDINANCE OF THE CITY ODMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE; PROVIDING A SAVING clAUSE, A GENERAL REPEAl ER CI.&USE, AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the historic designation of the Fontaine Fox House as well as certain surrounding vacant property, including a parcel east of A-l-A, and allowed the development of a total of 3 dwelling units on the site which would include the development of a house on the east side of A-I-A, provided certain conditions were met; and WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of A- 1-A on the historic site; and WHE~AS, the current owner of the Fontaine Fox house and lands west of A-1-A wishes to amend Ordinance No. 70.89. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of the City of Delray Beach is hereby repealed in its entirety and rephced by a new Section 2, "Requirements of Development" to read as follows: Requirements of Development. The requirements of development are as follows: (1) Two dwelling units currendy exist on the historic site, an additional two dwelling units are allowed on the historic site west of A-1-A and to the rear of the currendy existing Fontaine Fox House but beyond the 50' buffer as described in Subsection 2. (2) The developer shall establish a minimum of a 50' buffer between the existing wall at the rear of the Fontaine Fox House and any newly created lot to the west, by requiring the west lot line of any newly created on the historic site to be a minimum of 50' from the existing rear wall. 0) The developer shall restrict the height of any new construction to 28' of any newly subdivided lot immediately west of and adjacent to any newly created lot containing the existing strucuu~s currendy located at 610 & 622 North Ocean Boulevard. (4) That the entirety of Lot 1, Plat of Hancock Subdivision, currently addressed as 622 N. Ocean Boulevard be listed in the Local Register of I-fistoric Places and approved by the City Commission. The applicant must go through the full process and not voluntarily withdraw the designation application and such designation process must be completed prior to the recordation of the proposed final plat. This item shall not be required if the City Commission fails to approve the &signation. (5) The Fontaine Fox House must be listed on the National Register of I-fistofic Places, unless otherwise determined by a State or Federal agency. The owner must go through the full process of listing the house and will not voluntarily withdraw the application. The designation process for listing in the National Register will be initiated prior to the approval of the plat. Section 2. If the provisions of Section 1 are not met then the following shall apply: (1) No more than three dwelling units shall be used and/or developed within the boundaries of the Fontaine Fox Historic Site. This includes the two dwelling units currently existing on the 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 two thousand and four hundred (2,400) square feet of gross floor area. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or pan thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. NO. 12-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200 ATTEST MAYOR City Clerk First Reading. Second Reading. 3 ORD. NO. 12-02 ORDINANCE NO. 12-02(B) AN ORDINANCE OF THE CITY ODMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE; PROVIDING A SAVING CLALBE, A GENERAL REPEALER CLALBE, AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the historic designation of the rontaine Fox House as well as certain surrounding vacant property, including a parcel east of A-l-A, and allowed the development of a total of 3 dwelling units on the site which would include the development of a house on the east side of A-l-A, provided certain conditions were met; and WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of A- 1-A on the historic site; and WHEREAS, the currem owner of the Fontaine Fox house and lands west of A-1-A wishes to amend Ordinance No. 70-89. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOII.OWS: Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70.89 of the Gty of Delray Beach is hereby repealed in its entirety and rephced by a new Section 2, ~Requirements of Developmem" to read as follows: Requirements of Development. The requirements of development are as follows: (1) Two dwelling units currently exist on the historic site, an additional three dwelling units are allowed on the historic site west of A-1-A and to the rear of the currently existing Fontaine Fox House but beyond the 50' buffer as described in Subsection 2. (2) The developer shall establish a minimum of a 50' buffer between the existing wall at the rear of the Fontaine Fox House and any newly created lot to the west, by requiring the west lot line of any newly created on the historic site to be a minimum of 50' from the existing rear wall. 0) The developer shall restrict the height of any new construction to 28' of any newly subdivided lot immediately west of and adjacem to any newly created lot containing the existing structures currently located at 610 & 622 North Ocean Boulevard. (4) That the entirety of Lot 1, Plat of Hancock Subdivision, currently addressed as 622 N. Ocean Boulevard be listed in the Local Register of Historic Places and approved by the City Commission. The applicant must go through the full process and not voluntarily withdraw the designation application and such designation process must be completed prior to the recordation of the proposed final plat. This item shall not be required if the City Commission fails to approve the designation. (5) The Fontaine Fox House must be listed on the National Register of Historic Phces, unless otherwise determined by a State or Federal agency. The owner must go through the full process of listing the house and will not voluntarily withdraw the application. The designation process for listing in the National Register will be initiated prior to the approval of the pht. Section 2. If the provisions of Section 1 are not met then the following shall apply (1) No more than three dwelling units shall be used and/or developed within the boundaries of the Fontaine Fox Historic Site. This includes the two dwelling units currently existing on the site. (2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Ske which lies east of State Road A-1-A shall contain more than two thousand and four hundred (2,400) square feet of gross floor area. Section 3. That should any section or provision of this ordinance or any pordon thereof, any paragraph, sentence, or word be dechred by a cou~ of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. NO. 12-02 PASSED AND ADOPTED in regal!ar session on second and final reading on this the day of ,200 ATTEST MAYOR City Clerk Fint Reading. Second Reading 3 ORD. NO. 12-02 ORDINANCE NO. 12-02(C) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMEND~G ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE; PROVIDING A SAVING CLAUSE, A GENERAL REPEAI.RR CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the historic designation of the Fontaine Fox House as well as certain surrounding vacant property, including a parcel east of A-l-A, and allowed the development of a total of 3 dwelling units on the ske which would include the development of a house on the east side of A-I-A, provided certain conditions were met; and WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of A- 1-A on the historic site; and WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A wishes to amend Ordinance No. 70-89. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1, "Designation" of Ordinance No. 70-89 of the City of Delray Beach is hereby amended to provide for a revised Exhibit 1. Section 2. follows: That Section 2, "Requirements of Designation" is hereby amended as 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 thsee-~ two (2) dwelling units shall be used and developed within the boundaries of the Fontaine Fox Historic Site; and, 2) no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lles east of State Road A-I-A shall contain more than two thousand and four hundred (2,400) square feet of gross floor area. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200 ATTEST MAYOR City Clerk First Reading. Second Reading. 2 ORD. NO. 12-02 EXHIBIT 1 Begin at the Southeast comer of Lot 2 of Ocean Apple Estates as recorded in Pht Book 65, Page 100 of the Public Records of Palm Beach County, Florida; Thence S 89° 07' 09' W along the South line of said Lot 2, a distance of 196.35 feet; Thence N 01 ° 18' 31" W along the West line of said Lot 2, a distance of 50.00 feet; Thence S 89° 08' 10' W along the South line of said Lot 2, a distance of 11.19 feet; Thence N 01° 02' 43" W, a distance of 55.70 feet; Thence N 88 ° 57' 17" E, a distance of 19.30 feet; Thence N 01 ° 02' 43" W a distance of 65.26 feet; Thence N 88 ° 57' 17" E, a distance of 29.00 feet; Thence N 01 ° 02' 43" W, a distance of 29.35 feet to the North line of said Lot 2; Thence N 89° 05' 16" E along said North line of Lot 2, a distance of 159.89 feet to the Northeast comer of said Lot 2; Thence S 00° 55' 27" E along the East line of said LOt 2 a distance of 200 feet to the Point of Beginning, Together With Lot 1, Ocean Apple Estates as recorded in Plat Book 65, Page 100 of the Public Records of Palm Beach County, Florida Together With The South 10 feet of Lot 3 lying East of the right-of-way of State Road A-l-A, Block E, Revised Pht of Blocks D and E, Palm Beach Shore Acres, Delray Beach, Palm Beach County, Florida, according to the Pht thereof recorded in Pht Book 7 at page 38 of the Public Records of Palm Beach County, Florida. 3 ORD. NO. 12-02 Item: II. A. - Meeting of March 6, 2002 Consideration of an amendment to Ordinance 70-89 regarding the Fontaine Fox House historic designation. Location: 610 & 615 N. Ocean Boulevard The item before the Board is approval of an amendment to Ordinance 70-89 for the Fontaine Fox House historic designation, pursuant to LDR Sections 4.5.1(B) and 4.5.1(K)(2). 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 lies on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while lots 2 and 3 lie on the west side of Ocean BIvd (610 N. Ocean Blvd.) between N. Ocean Boulevard and Andrews Avenue. Associated with the property is a 1,184 square foot Cape Cod cottage, which was constructed in 1936 of Florida cypress. Inspired by the trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the Cape Cod Cottage style is located on Lot 2. Three outbuildings are also located to the west (behind) the existing house on lot 2. All three structures are considered contributing buildings. Zoned R-l-AAA Single Family Residential, the property (including all three lots) is an individually listed historic property in the City of Delray Beach as established by Ordinance 70-89. The Historic Preservation Board recommended approval of Ordinance 70-89 to the City Commission on September 20, 1989 with the stipulations that Lot 1, the oceanfront lot, could build one dwelling unit of no more than 2,400 square feet and that the property be subdivided into no more than three lots for no more than three dwelling units (one house per lot). 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 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 Board recommended approval of the amendment to the City Commission at its meeting on October 27, 1992. However, the amendment request was denied by the City Commission during its meeting on October 27, 1992. 610 & 615 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 2 In December 2, 1992, the Board approved the architectural elevations for the construction of a new residence at 615 N. Ocean Blvd. Approval was contingent upon the terms set forth in Ordinance 70-89, which stated that the building shall contain no more than 2,400 square feet or gross floor area. project Description: The proposal is to amend Ordinance 70-89 in order to remove the historic designation from Lot 3 and a portion of Lot 2 (see map) and alter the previous density restriction to allow Lot 3 and a portion of Lot 2 to be subdivided into a total of four separate parcels to accommodate a development plan for construction of single family homes (perpendicular to the extant historic structure). The historic designation for the remaining portion of the current Lot 2 (see map), the lot that houses the Fontaine Fox House and its contributing outbuildings, as well as Lot 1 on the ocean side, would remain. The overall project also proposes to subdivide the lot immediately north of the Fontaine Fox House, which consists of a contributing Cape Cod house built in 1935 (proposed lots 6 & 7). Lot 7, located directly behind (west) the structure at 622 N. Ocean Boulevard is currently described as Lot 1 of the Hancock Subdivision. De-desi_~nation Analysis: There is no formal de-designation process in the Land Development Regulations. In absence of a formal process, this de.designation request is being evaluated based upon the current designation criteria. If it is determined that the de- designation should not be evaluated based upon these standards, the item should be tabled and a formal de-designation LDR process created. LDR Section 4.5.1(E)(4), (E)(8)(a), and (E)(8)(j)"Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: The Board Shall Consider: (a) A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. (b) All improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: consistency in relation to materials, texture, and color of the fa{~ade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. 610 & 615 N. Ocean Boulevard, Ordinance amendment Individually Listed Property, Page 3 (c) A height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings. (d) The size of a buildings, the building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with the building size and building mass of historic sites, buildings, and structures within a historic district. In 1989, the previous property owners, Roderick and Joyce Wilson initiated the designation process for the Fontaine Fox Property, currently described as Lots 1-3 of Ocean Apple Estates, for listing in the Local Register of Historic Places. The designation would ensure that the density of development for the property was restricted and would permit the construction of a dwelling on the lot directly across from the Fox residence on the east side of Ocean Boulevard (Lot 1). As previously stated, this lot received a variance to allow the creation of a lot that did not comply with the minimum lot area and side yard building setback requirements of the R-l-AAA zoning district. The request for historic designation of the property and the restrictions imposed on the property to limit the division of one lot to three and imposing a square footage limitation on the oceanfront parcel (Lot 1) was supported by the property owners and was not an arbitrary action by the City. Due to the fact that these restrictions run with the land and not the owner, the designation and building restrictions should remain on all three lots associated with the property. The removal of the designation from the adjacent lot (lot 3 and a portion of Lot 2) could hold long term implications for both the protection of the integrity of the extant historic structures at 610 N. Ocean Blvd. and the designation status of other sites and structures on the Local Register of Historic Places. In order to protect the integrity of the Fontaine Fox House and its contributing outbuildings, it is recommended that lot 3 be divided into just three additional parcels, allowing the development of these conforming lots for the construction of just one single family home on each parcel. The fourth lot, adjacent to the Fontaine Fox house (directly to the west of the house) should be divided/eliminated to establish a minimum of a 50' buffer between the proposed new lots and the historic property. The residual area of this divided lot could then be incorporated into the three remaining proposed lots (lots 1-3). These restrictions will allow for further development of the property and is therefore not considered an economic hardship for the property owner. As the limitations on the property were already in place when the current owner purchased the property, there was an understanding of the property's development restrictions including the historic designation from the time of purchase. Additionally, the histodc designation would remain on all three extant lots to ensure that the design elements including the scale and massing of the new construction conform to the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Design Guidelines. As the proposed project protrudes onto the adjacent lot to the north affecting the historic residence at 622 N. Ocean Blvd., it is recommended that steps be taken to list the house at 622 N. Ocean Blvd. on the Local Register of Historic Places, which has been attached as a condition of approval. Controlled density and design elements for any new construction in close proximity to the historic structures on 610 and N. Ocean Blvd. would further protect the integrity of the structures and control 610 & 615 N. Ocean Boulevard, Ordinance amendment Individually Listed Property , Page 4 future development plans around the buildings. To ensure that any new construction be designed to compliment the surrounding historic structures, a height limitation of 28' is recommended for any structure built on proposed lots 3 and 7 (per staff recommendation to eliminate lot 4). In addition, to the above, it is recommended that the property owner move forward with the filing of a Preliminary Information Site Questionnaire (PSIQ) with the Division of Historical Resources (SHPO) in Tallahassee to ascertain the historical and architectural integrity of the Fontaine Fox house and its outbuildings for their nomination to the National Register of Historic Places. If the PSlQ yields positive findings towards listing the house, a National Register nomination should then be initiated and submitted to the National Park Service to designate the property and its contributing historic structures to the National Register. Both designation processes are to be initiated prior to the approval of the plat. These terms have been placed as conditions of approval. A. Continue with direction. Approve 2002-101-COA-CCA for the amendment to Ordinance 70-89 affecting 610 & 615 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with respect to LDR Section 4.5.1(B) and 4.5.1(K)(2) and the Delray Beach Design Guidelines subject to conditions. C. Deny approval of 2002-101-COA-CCA for the amendment to Ordinance 70-89 affecting 610 & 615 N. Ocean Blvd, the Fontaine Fox House, with the basis stated. Approve the request to amend Ordinance #70-89 based on positive findings for the property at 610 & 615 N. Ocean Boulevard with respect to LDR Section 4.5.1 (B), (E), and (K), and the Design Guidelines subject to the following conditions: 1) Maintain the geographical boundaries of the historic designation (Lots 1-3 of Ocean Apple Estates and the south 10' of lot 3 of Palm Beach Shore Acres). 2) Modify the density restriction from three to five dwelling units. 3) Establish a minimum of a 50' buffer between the existing wall at the rear of 610 N. Ocean Boulevard and the lot adjacent (west) approximately 140' east of the west line of Lot 2 of Ocean Apple Estates (as shown on the attached map). 3) Restrict the height of any new construction of proposed lots 3 & 7 to 28'. 610 & 615 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 5 4) That the residence at 622 N. Ocean Blvd be listed in the Local Register of Historic Places and approved by the City Commission. The designation process for local listing is to be completed prior to the recordation of the proposed final plat. 5) That the Fontaine Fox House must be listed on the National Register of Historic Places, unless otherwise determined by the State Historic Preservation Office. The designation process for listing in the National Register will be initiated prior to the approval of the plat. Attachments: Staff Report for Historic Designation of 610 N. Ocean Blvd., Current Plat, Proposed Plat Report Prepared by: Wendy Shay, Historic Preservation Planner VI~ FAX RE: TI~ ~ ii~~ ~~ 1t0 2002 Removal of the hietork~ cleignation of Fox..F()nl~ln~ / ~ ~ Frank td~K~nney I want to tl~nk you. befoml'mnd, for t~king the flmeto meal lhie le~er ~~ ~ ~ove ~ Y~rn. I Mn ~l~leldng ~ · rnembe~ of the HiMorlc ~~tion Bolrd of Delmy Blmoh. I mm ~0e~king ~ · two-time prmJdent of the Osceole Perk ~ AModmton. I em ~aking ~ ~ pe~on who rnoved beck to her borne town. I &-n ~:~mklng ~ m pmgm~ who ~ Itm( you wMk thM fine VVhen I rem:l the HPB ~lenda item conom~ng tim r~novel of hMoflc dedgnMion I ~ outraged. If you the minut~ of that mlmtlng you will ~e ~ my ~fmw~r w~ 14o' until the ImM vol~. A pl~o~ of ~ w~s pu~ with Ihe ~ th~ R h~ hi~toflc d~igr~i~. EvM'~ if Item ~ been no knowledge, my &r~,~r Is 'caveat emp(or.' Now th~ hl~ofic d~Ignation ie not convenient to futu~ purl~ ~ ~ I$ 'No,' I diked'l It tc) ~ ~nnuln'mnt of m rnard~e; ~ the children of I do u~ thet a prope~ om, mr bee right~. In~$1~~~~to~ m~~ yard Into · housin~ clev(~cq~nt, rm ~ure Ire'ge 'luxu¥ houeee em i~. ~ ~ ~ ~ ~ to ~r ~i. in ~ a~. T~ d~ i= ~ ~ia ~ ~ hla~ ~g~. Thi. ~ I fully f~llze th4t D~my Beach neecl~ to grow ~ I:~Ogre~. I'm ~ the lax-4ollm imue will nol be puM'm:l m~,. I'm el~o just ~ m ~ dl ~e'~t I::~re/Beach to I:e I ~etinaion and a I~Ce e ~ f~ ~ nezt one hu~ yeara. I Mk ltul[ you i:deMe remember tllat w~ mu~ all be very careful of tt~ changee that am made. We mu~t be very capful to keep that illusive ~' ~ ~ ~ ~1~ ~ ~, v~~ ~ ~ ~ ~ ~ i~ ~ live In ~ ~ ~. ~ ~ ~ ~ N~ 0J/19/_00_ 09:45 5Gl_794JJl ROB','II MO~LOIll PAGE 81 721 Soudw. zmr 3~d Aver~z ' (2)~ceo~ p~ah ' ~ 5~:h. Do~d~ 33~83 Match i 9, 2002 TO O~ce of the City Clerk City of Delray Bench FAX z ~,$- 377~,z FROM Gaff-Lee McDemaott TEL 276-8673 Home 279-2552 ~ FAX 279433 Office Agenda of Tue,sday 19 March 2002 Pages Following - 5 The following concet~ an agenda item for tonight's meeting. There is a letter for Mayor Schmidt and all the Commissioners. Plea.se make sure they are received before the meeting. ~RR 19 2002 8:40R~ THE ~ILSO~ 8ROUP THE WILSON GROUP March 19. 2002 Mayor and CiD' Commissioners City of Delray B each 100 NW 1 ~ Avenue Delray Beach, Florida33444 RE: Fontaine Fox House 610 North Ocean Boulevard Dear Mayor and Commissioners: It has been brought to om' attention that the above referenced property has been presented to the City for delisting of its historic designation mad replatting. We have recently relocated to northwest Florida and have not been involved in these discussions. However, the historic preservation people and other interested parties have asked us to provide some background into our intent, and our discussions with the City, back in 1989 when we listed the property. In 1984, the year we purchased the property, we investigated the possibility of subdividing the back property sometime in the future. We had some discussions with the City and had a preliminary plat engineered for 4 lots to determine a possible development scenario...then put it "on the shelf". When we purchased the property, it included a small parcel of land on the ocean with 90' of ~rontage on A1A. V~'e were intrigued about the possibility of building a house on that land but were told by the City at the time that the 90' lot was non--conforming. A few years later, the state was in discussions about moving the Coastal Construction Control Line landward and in 1989, we were told it was imminent. By then we had moved to Hawaii, but intended to return to our property in Delray. We had always remained interested in re-opening discussions with the City about developing the ocean lot and knew that we had to get serious from a time perspective because of the pending legislation regarding coastal construction, which would have precluded any future development of that ocean front property. Subsequently, working with the City, we brought the lo! into conformance. At that point, we felt it important to take stock of the important property we had been fortunate to acquire, and began working with a landscape architect, land use attorney, and P 0 BOX 4891 SEASIDE FLORIDA 32459-4891 PHONE' (g:50) 23t-9942 o FAX: (850) 2,~,1-9924 MRR 19 2002 8:40RM THE WILSOM ~bu~ (8S0) 231-9924 p.3 an architect well known for work in historic preservation. The house and property at 610 is truly a glimpse at old Florida. Here you have what was an early beach cottage (1935) built out of cypress clapboard siding, both inside and out, cypress being one of the early materials used in south Florida construction. It was designed by well known architect, John Volk, whose architecture has lett an imprint in Palm Beach, as well as Gulf Stream and Deh'ay. His widow, Jane Volk, has just released a book on him. The house was designed for a nationally known cartoonist, Fontaine Fox, known for his cartoon, Toonerville Trolley, which was syndicated nationally fi.om 1915 to 1955. Mr. Fox was one of several cartoonists who made his winter home in Delray. He and others had their offices on the second floor of the Arcade Building. When Fox was designing the house, the paper, (The Delray Beach News, November 2, 1934) in an article discussing Fox's winter studio, also said "Fox has no! limited his creative abilities to pen and ink media,..he has construcl~d a beach fixmt house that nobody else would have dared erect While the house is commodious, modem, and sturdy, his design gives it the general appearance of Toonerviile's trolley starnng to sea...az it ~s, thc house is a focal point of interest and is worth a long, long drive to sec", The house sits on almost 2 V2 acres of land. ,as you walk through the property from Ocean Boulevard to Andrews Avenue, you fu'st come to a stand of very tall gumbo limbo trees earring over from exposure to ocean breezes. As the dune drops down toward the back of the property you realize you are in a hardwood hammock (the list of vegetation exists at the city). It is our understanding that the Spanish River used to nm through this property before the intracoastal was built, and remains of that can be seen after heavy rainfall when water hms through the lower part of the lot. It was our fc~ling that the property itself was thc last glimpse of what Florida's ecosystem was like fi.om the dune l/nc down to the intracoastal. It was as is said in historic districts, the "toute ensemble" like in New Orleans, or in Charleston, where the historic districts were designated independent of whether every house in the district was significant. It was how the area looked as a whole. The property went from the top of the dune back to Andrews, where it connects w/th FIND land, which abuts the Intracoastal. We don't believe there is any other place left in Palm Beach county where you can see the ecosystem or topographic systern still in tact such aa it is at 610 Ocean Boulevard. It was after assessing the historical significance of the house and the ecosystem/environmental significance of the property that we felt it was appropriate to list the house and property on the local Historical Register to insure that the house and property would be protected. We listed our property on the local register, limited the development of the back property to one house and secured the right to build on the oceanfront property. This was approved after many meetings with the local Historic Preservation Board, the former Historic Palm Beach County Preservation Board (state board), the Beach Property Owners' Association, the Historical Society, as well as to several neighbors, all of whom were involved with this recommendation and approval. The house and property were also eligible for listing on the National Register of Historic Places. We followed through with designing a house on the beach, which reflected the same architecture as the existing house, clapboard siding, porches, shingle roofs, etc. and brought our architect to the meetings for extensive discussions, but continued to live in the subject property until the sale to the current owner. (Copies of this plan should be in the City files.) We have always felt that this property to be of special significance to Delray and have had many happy years there. It is our hope that this background will complete the record and answer any questions as to our intentions in listing the property in 1989. If you have any questions, please feel free to contact us at thc number below. Respectfully yours, J c~e~dRodWilsoq ~-d ~G6-IC~ (OSB) dROP9 WOS3IM 3Hi WBO~:B ZO08 $1 BBW MRR 1S 2002 B:4ORM THE WILSON GROUP (850) 231-9924 p.1 THE WILSON GROUP FACSIMILE TRa~NSMITTAL SHEET TO- FROM: Baxbara Gaxito Joyce mad Rod Wilson OOM~AN~ DAT~: ~ttyClerk 03/19/02 G-ty of DelmyBeach PAX N1JM~E~ TOTAL NO, O~ PAGES INCLL~)ING COVER; 561 243-3774 4 PHONE NLtlvI~ER. SENDER'S REFERENCE NUMBER; 561 243-7000 RE YOUE REFERENCE NUM~EE; Pomaine Fox House 610 North Ocean B~mlevm~ [] URGEN=r [-] FOR KEVIE~r [] PLEASE COMMENT ["'1 PLEASE I~PLY [] PLEAS];- RECYCLE NOTES/COMMENTS: Deaf Ms. Garko: Rod and I have written this letter to the M yor ~ C~m~ionem cxp; i,e our intent in listing o~ former p~perty (610 North Ocean Boulcva~ on the local register. N you would be so kind as to distribute a copyto each Commissioner and lVhy~r, ~ ~uld appreciate it. We undemta~d that this kern x~l be on tonight's agenda,, so it is important they receive it before then. Th,xnk you for your help. If y~u have any questions, please feelfi~-e to c~ us. Jo~e ~on THE ~/ILSON GROUP - P.O. ]~OX 4891 - SEASIDE, FLORIDA 32459.4591 PHONE: (~S0) 231-9942 FAX: ($50) 231.9924 · From Bennet~ Family Fri, Mar 29, 2002 4:52 PM Page 2 of 4 PROGRESSIVE RESIDENTS OF DELRAY P. 0. Box 1301 Dm. RAY BEACh, FL 33447 March 29, 2002 Dear Mayor and Commissioners: Progressive Residents of Delray (PROD) opposes the request to amend Ordinance 70-89 to remove historic status for a portion of the land covered by that ordinance and to increase the number of permissible dwellings on that land. The requested action would be inconsistent with the City's Comprehensive Plan (COMP PLAN) and set a most unfortunate precedent with potential impact on the future of historic preservation in the City. It would also disrupt a carefully negotiated arrangement to the detriment of neighbors, who were part of the negotiating process and who have relied upon the arrangement since it was enacted into law in 1989. Finally, granting the request would give away valuable protection of important City interests without obtaining any significant consideration in return. In contrast, the recommendation of the Historic Preservation Board would avoid most of these these objections. Objective A-4 of the Future Land Use Element of the COMP PLAN requires that "redevelopment of land and buildings shall provide for the preservation of historic resources." Applicant's proposal would not only directly diminish historic resources by reducing the area subject to historic protection under the Historic Preservation Board (HPB), but it would also undermine the environment of the historic structure that would be left under HPB jurisdiction. Applicant's proposal would involve a 300 per cent increase in density over Lot 3's historic norm, it would allow development on Lot 3, which would no longer undergo HPB screening, that could be inconsistent with the character of the Fontaine Fox compound on Lot 2, and it would provide for a substandard set back between that historic home and the new development. Applicant's proposal also appears inconsistent with the Conservation Element of the COMP PLAN. Policy B-2.1 of that Element requires submission of a biological survey and habitat analysis with land use requests for rezonings. Although no change in zoning designation is being sought, the Applicant has requested that you approve a density on Lot 3 that is 400 per cent greater than what is permitted under the existing Ordinance 70-89. Such a significant change in the zoning applicable to Lot 3 as a result of Ordinance 70-89, is clearly sufficient to trigger Conservation Element Policy B-2.1. (Although the terms of that policy exclude "small parcels" from its ambit, Applicant's planned subdivision, which, when replatted, will have seven units, cannot be -From Bennett Family Fd, Mar 29, 2002 4:52 PM Page 3 of 4 accurately called a "small parcel.") Further, Conservation Element Policy B-2.2 requires preservation of habitat or mitigation "whenever and wherever significant or sensitive flora and fauna communities are identified." At a minimum, a significant stand of gumbo limbo trees and an important hardwood hammock are known to exist on the property. Adequate protection of these valuable environmental assets cannot be accomplished if Applicant is permitted to develop four new dwellings on the site. Allowing two new homes, as recommended by the HPB, would permit significantly enhanced protection, particularly if the HPB's recommended 50-foot landscaping buffer were expanded to ensure complete protection of relevant environmental treasures. Quite apart from the Comprehensive Plan, agreeing to a request to take previously designated property off the list of historic sites would provide a precedent that could, over time, seriously undermine the City's entire historic preservation program. Although the City's various historic districts and individually designated sites are all different, it is difficult to see how those differences would distinguish any of those properties from the present applicant in terms that would be relevant to a delisting request. Here, a property was listed as historic after careful negotiation involving the then applicant, the City, and neighbors and other interested citizens. The listing property owners received the full benefit from the negotiated bargain (the right to build a house on an otherwise nonconforming lot on the ocean). Now a subsequent property owner seeks to renege on the part of the deal (historic status for the entire property) was the quid pro quo for the benefit. How would simply being in a different designated area prevent some other property owner who had obtained the full benefit of his listing (e.g.: exhausted the tax abatement period for qualifying improvements) from being able to "delist,' if this applicant is allowed to do it? The case against delisting this property is perhaps even stronger than most. Both the Designation Report for the Fontaine Fox Historic Site and the text of Ordinance 70-89 make it abundantly clear that both the historic designation of the entire site (Lots 1, 2, and 3 of Ocean Apple Estates) and the limitation of one dwelling unit on Lot 3 constituted the essential consideration provided to the City by the previous landowners, in order to win the right to build a house directly on the beach on a lot that was less than the minimum size for a buildable lot. (Apart from other text provisions, it is noteworthy that the Ordinance's severability section, contrary to usual City practice, invalidates the entire ordinance if any section is deemed invalid.) This was a deal that was arrived at very publicly, with the full participation of interested neighbors and their association. The City has fully performed its obligations under this negotiated arrangement and the house now stands at 615 North Ocean Boulevard. Once the City has done its part, in a very permanent way, it makes no sense to allow the Applicant to take back much of what its · From Bennett Family Fd, Mar 29, 2002 4:.52 PM Page 4 of 4 predecessors in interest gave up in a carefully negotiated arrangement. To do so would also betray the neighbors and neighborhood association who participated in concluding the deal. (Although the current property owners arrived on the scene after the deal was struck, they were on notice of it and their purchase was subject to it.) Many of the neighbors have relied upon the assurance of Ordinance 70-89 that Lot 3 would not be overdeveloped (for example, putting in a patio facing Lot 3). The arguments advanced by the Applicant before the HPB in favor of delisting fail to take the significance of the bargain embodied in that Ordinance. An increase in the City's tax base does not justify abandoning a deal, particularly when the Applicant overstates the increase it by comparing the property as it would be developed under its proposal with the property's current value as raw land (instead with development, as permitted by Ordinance 70-89). The existence of a precedent involving delisting in Palm Beach and one in California means nothing, since neither property was listed pursuant to a carefully negotiated deal in which the jurisdiction in question exchanged a valuable right for the property owner's agreement to list. Nor is it unfair for the City to continue to insist on rights against this property that it negotiated for itself and that were ceded to the City in exchange for valuable consideration, even though other areas of the original Fontaine Fox Estate, which were sold off before the current historic site was designated, are not treated as historic The City had no jurisdiction to establish historic status for any other portion of the original estate, unless the owners thereof applied for designation. Nor is it unfair that the City did not seek to condition waivers permitted to the adjacent Lane Subdivision (on land once part of the original Fox estate) on historic designation for that property. The waivers allowed, for sidewalks and right of way widths are minor and of a nature routinely granted to infill developments all across the City. They are similar to waivers that Applicant would need to make The Village by the Sea Subdivision work. Appropriate deference to the expertise of the HPB suggests that modification of Ordinance 70-89, if any is to be granted, should be along the lines of the Board's recommendation. Inasmuch as the HPB did not consider the Conservation issues, however, any amending ordinance should reserve the City's rights to a larger landscaping buffer than suggested by the Board, if such would be proper after appropriate biological investigation. Sincerely, John Bennett President 0~/~9/2002 OS:d5 561279qSS~ ROBYII HCGLOIIt PAGE 7'21 Souc~:a~r 3m'] Avcnt~ - Oscc~a ]Da~k ' Ck~e,u3 15each, ~Coe~da 33%83 ~,-c ~ 561-276-8763 ' Monday 18 March 2~ Jon Levinson, Comm~oner Via FAX RE: The Commission Meeting ,~enda Item of Man=h 19, 2002 Removal of the historic de~ignation of Fox-Fontatne House owned by Frank McKJnrmy Dear Commissioner Levinson: I w~nt to thant( you, beforehand, for taking the time to re~¢l this letter cotx~mlng the above agenda Item. I am speaking es a member of the Historic Preservation Board of De;ray Beach. I am epeal(ing as a two-time president of the Osceola Park Neighbo~ood A__~_ ietion. I am speal~lng es a pers~t wflo moved back to her home town. I am Sl~eaking as a pemon who undemlands that you walk that fine tight-rope of decisions for ttte City of Delrey Beech. When I reed the HPB agenda Item concerning the removal of histodc de~gnation I was outraged If you reed the minutes of that meeting you will see that my answer was 'No' until the lest vote. A piece of property was purchased with the knowledge that it had historic dasignation. Even if them had beeft no knowledge, my answer is 'caveat emptor.' Now that historic clesignatiort Is not coftvenient to future purposes, My answer is 'No.' I aliken it to the annulment of a manlage; suddertly the children of that marriage are bastan~ or do not exist for convanler~ce. I do understand that a property owner has rights. In this instance the owrter wishes to turn a house with yard into a housing development. I'm sure large 'luxury' housse ere Intended. The same Is being done to other properties in the area. The differe~c~ is that this property ha~ historic de~gnation. This change will affect the entire tenor of the area. It will change Delray Beech. Wendy Shay, Hi~ori¢ Pre~e~ation staff pemon, built a solid recommendation that allows for the uae of the land, though not the release of historic designation. It also inchx~e the clesignatlon of a neighboring ho~e. Thus, this small area along the ocean quid become a tiny histodc preservation district. Though I dislike the amount of new buildings, I must agree with the recommendation that finally paw~ through the Hi~rtc Preservation Bc~rd. I fully realize that Delray Beach _need__s to grow and progmas. I'm sure the tax-dollar I~ue will not be puar~d away. I'm also just as sum we ~1 want Oetray 8each to be a destination ~ a place to be for the next one hundred yearn. I ask that you please remember that we must all he very careful of the changes that are made We must be very =ar~ul to keep that illusive 'charm' that has so enthralled the tourists, vacatiorters and those of us who intend to live in D~ray Beech forever. The Ioes of any historic designation any where is Detray Beach is the sure erosion of that illusive 'charm'. I ask that you pte~e find favor with Staff recommendation that became the hard-wrought recommendation of the Hl~:~lc Pre~ewatlon Board concerning this ,/oA IIMK J.-.~ ~" U ~.J E I;I: wi' IJ M I~1 Il"Il& UIL~dH GROUP (850) 231-9824 p.2 THE WILSON GROUP March 19. 2002 Mayor and City Commissioners City of Delray Beach 100 N-W 1 s~ Avenue Delray Beach, Florida334~4 RE: Fontaine Fox House 610 North Ocean Boulevard Dear Mayor and Commissioners: It has been brought to our attention that the above referenced property has been presented to the City for delisting of its historic designation and replatling. We have recently relocated to northwest Florida and have not been involved in these discussions. However, the historic preservation people and other interested parties have asked us to provide some background into our intent, and our discussions with the City, back in 1989 when we listed the property. In 1984, the year we purchased the property, we investigated the possibility of subdividing the back property sometime in the future. We had some discussions with the City and had a preliminary plat engineered for 4 lots to determine a possible development scenario...then put it "on the shelf". When we purchased the property, it included a small parcel of land on the ocean with 90' of frontage on A1A. We were intrigued about the possibility of building a house on that land but were told by the City at the time that the 90' lot was non-conforming. A few years later, the state was in discussions about moving the Coastal Construction Control Line landward and in 1989, we were told it was imminent. By then we had moved to Hawaii, but intended to return to our property in Delray. We had always remained interested in re-opening discussions with the City about developing the ocean lot and knew that we had to get serious from a time perspective because of the pending legislation regarding coastal construction, which would have precluded any future development of that ocean front property. Subsequently, working with the City, we brought the lot into conformance. At that point, we felt it important to take stock of the important property we had been fortunate to acquire, and began working with a landscape architect, land use attorney, and P O. BOX 4891 SEASIDE FLORIDA 32459-4891 PHONE (850) 231.9942 -PAX: (85~,) 231.9924 MRR 2002 8:~ORM ~HE WILSON an architect well known for work in historic preservation. The house and property at 610 is truly a glimpse at old Florida. Here you have what was an early beach cottage (1935) built out of cyprus clapboard siding, both inside and out, cypress being one of the early materials used in south Florida construction. It was designed by well knoxvn architect, John Volk, whose architecture has left an imprint in Palm Beach, as well as Gulf Stream and Delray. His widow, Jane Volk, has just released a book on him. The house was designed for a nationally known cartoonist, Fontaine Fox, known for his cartoon, Toonerville Trolley, which was syndicated nationally fi-om 1915 to 1955. Mr. Fox was one of several cartoonists who made his winter home in Delray. He and others had their offices on the second floor of the Arcade Building. When Fox was designing the house, the paper, (The Delray Beach News, November 2, 1934) in an article discussing Fox's winter studio, also said "Fox ha~ no! limited Ids creative abilities to pen and/ak med/a...he has constructed a baa~h front house that nobody else would have dated erect. While the house/s commodious, modern, and sturdy, his design gives it the general appearance of Toonervil]e's trolley starting to sea...a~ it is, 1he house is a focal po/nt of interest and is worth a long long drive to The house sits on almost 2 ~A acres of land. As you walk through the property from Ocean Boulevard to Andrews Avenue, you fu'st come to a stand of very tall gumbo limbo trees curving over from exposure to ocean breezes. As the dune drops down toward the back of the property you realize you are in a hardwood hammock (the list of vegetation exists at the city). It is our understanding that the Spanish River used to nm through this property before the intracoastal was built, and remains of that can be seen aider heavy rainfall when water runs through the lower part of the lot. It was our feeling that the property itself was the last glimpse of what Florida's ecosystem was like from the dune line down to the intracoastal. It was as is said in historic districts, the "route ensemble" like in New' Orleans, or in Charleston, where the historic districts were designated independent of whether every house in the district was significant. It was how the area looked as a whole. The property went from the top of the dune back to Andrews, where it connects with Fl'ND land, which abuts the Intracoastal. We don't believe there is any other place left in Palm Beach county where you can see the ecosystem or topographic system still in tact such as it is at 610 Ocean Boulevard. It was after assessing the historical significance of thc house and thc ecosystem/environmental significance of the property that we felt it was appropriate to list the house and property on the local Historical Register to in,sure that the house and property would be protected. We listed our property on the local rcg/stcr, limited the development of the back property to one house and secured the right to build on the oceanfront property. This was approved after many meetings with the local Historic Preservation Board, the former Historic Palm Beach County Preservation Board (state board), thc Beach Property Owners' Association, the Historical Society, as well as to several neighbors, all of whom were involved with this recommendation and approval. The house and property were also eligible for listing on the National Register of Historic Places. Wc followext through vAth designing a house on the beach, which reflected the same architecture as the existing house, clapboard siding, porches, shingle roofs, etc. and brought our architect to the meetings for extensive discussions, but continued to live in the subject property until thc sale to the current owner. (Copies of this plan should be in the City files.) Wc have always felt that this property to bc of special significance to Dclray and have had many happy years there. It is our hope that this background will complete the record and answer any questions as to our intentions in listing thc property in 1989. If you have any questions, please feel free to contact us at the number below. Respectfully yours, $ c~dRodWilso~ ~/~ ~'& ~66-I£a (OSe) anoa9 MOS~IA 3HI ~0~:8 aO0~ 6I ~ MRR 2002 8:40RM THE WILSOH GROUP (850) 231-9924 p.1 THE WILSON GROUP FACSIMILE TKANSMITTAL SHEET TO- FROM: B~'b~ra Gahto Jo)ce ~ Rod W'~on GOMP~ D~: 561 243-~4 4 561 24~.7~ YO~ ~F~ Pomain¢ Fox House 610 North Ocean Bouleva~ ["[ URGENT [] FOR It.EVIEW [] PLEASE COMMENT ['~ PLEASE KEPLY [] PLEASE RECYCLE NOTES/COMMENTS: De~ Ms. C,-nrito: Rod and I have wrkten this letter to the M~yor ~ Gommissione~s ezphlning our imem in listing our former propen7 (610 North Ocean Boulewrd) on r.~ local m~i~ter. I~ you would be so kind as to cl~tribute ~ copyto eac6 Comn~sion~r ~xi M~r, ~e ~uld ~ppreci.~u~ it. We un&round that this ~tem ~ be on tonight's agenda,, so k is imponam they receive it before then. Th,ink you for your help. If you h~ve any quesdom, please feel free to call us. Jo~e THE WILSON GROU1~ - 1~.O. I~OX 4g91 - SEASIDE. FLORIDA 32459-4891 PHONE: (g$O) 231-9942 FAX: (850) 231-9924 Mar 31 02 03:36p Elizabeth Steele Forman 804 -353 -3552 APR - I 200 ELIZABETH STEELE FORMAN 3322 Monument Avenue Richmond, Virginia 23221 804-353-8809 804-353-3552 (facsimile) April 1, 2002 Mayor md City Commis~oners City of Debay Beach, Florida 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mr. Mayor and City Commissioners: I want to congratulate you on all Delray Beach has done in the last couple of years to support and encourage proper historic preservation in my beloved hometown. Although now a resident of one of this country's most historic cities, living on the only street in the United States to have its own National Historic Register Landmark status, I am even prouder of having grown up in the "village by the sea!" As a former Floridian, I am oRen asked for recommendations on where to vacation, and I am happy to say I have sent many people your way to ~uch quaint and wonderful places as the Seagate Hotel and Beach Club, the marvelously restored Colony Hotel and others. My friends return charmed by the magic of our special city, and then, in turn, recommend it to their friends. I write to you today because I am very concerned about the possible removal of a si~ificant piece of property from the Delray Beach Historic Register. Being quite involved in historic preservation in Virginia, I nonetheless keep a very close eye on what happens in Delray Beach, both through the media and personal contacts. Although it saddened me to see most of the beautiful historic houses on the beach tom down for new construction of questionable taste, it encouraged me to read (in a 1997 Palm Beach Post article) that the developer of said properties had himself bought a historic property (the Fontaine Fox house and property) a~d promised to not tear it down, but "keep it exactly like it is." (Palm Beach Post, January 19, 1997) To my horror, ! have just recently learned that this promise is no longer valid, and that Mr. McKinney proposes to do something so extreme it is to the point of the ridiculous ..... actually attempt to remove the already listed property from the Historic Register. Mar 31 02 03:36p Elizabeth Steele Forman 804-353-3552 Historic districts and historic l~eservation can only work ffthere is a cohedve effozt by all involved to support the existing regulations and model the highest stan~&. Both Joe Riley, Mayor of Charleston, South Carolina and my fi~iend, Tim Kaine, former Mayor of Richmond and the current Lieutenant Governor of Vkginia, can give you instances of developers coming into their cities, presenting themselves as preservationists and then later demanding exceptions to the rules because they felt they were the economic saviors of the city. These mayors stood strong and yet the developers remained, and worked within the structure of historic preservation the cities had set for themselves. The result? Both cities are flourishing, and bringing in many tourism dollars because ofthek unique historic atmospheres. I have met Mayor l~ley in the past and Tim Kaine is a personal friend of mine. I would be more than happy to put you in touch with them should you wish further opinions regarding historic preservation and the economic development of a city. To be sure, I am not a "preservation professional", but I am a volunteer with a long history of involvement. To put it in terms that 1 like to use .... and that are certainly not technical ...... preservation is like dominoes. It only takes one significant piece to fall, and then it becomes practically impossible to keep every~/ng else standing as it shoul& Please don't let the Fox property be ~ken out of the protected status that it took so long to obtain. Delray is indeed F~orida's quaint and beautiful "village by the sea.** It took a lot of work over a number of years to secure that title, and we must keep working together to maintain it. Thank you all for taking the time to consider this letter ~rom one is no longer a resident, but who, indeed, tries to do her share in suppoz~ng Delray's economy! My family and I look forward to our annual four weeks stay at the Seagate this summer, and enjoying all the wonderful things that are happening in my historic hometown. Sincerely, Elizabeth Steele Formau .Florida Department of Transportation - Work Program Detail Listing Page 1 of 1 Search MyFIorida.com I ~ contact us I what's new I FAQis I links Work Program 2002-2007 TENTATIVE ~t E~a.~t_~!~ 3_/_7dgg_-_ ! ~_;._06. .~ District 4 - PALM BEACH County Category: Highways Phase: Construction Item Number: 229748-1 Component Group: Highways District: 04 - Palm Beach County Description: Type of Work: Resurfacing Item Number: 229748-1 Length: 1.447 Miles Preliminary Engineering SR-A1A/OCEAN BLVD FROM SR-806/ATLANTIC TO GEORGE BUSH BLVD Construction Fiscal Year:] 2002 Amount:I $303,218 20031 20041 20051 20061 2007 · Am°unt~!l ............................................................. l$2,15S,.6_~! .................................. Return to the Category_ Group Selection screen Return to District 04's map Return to the State map Return to the Florida Department of Transportafion's Work Program home page Program Development Office home page To submit questions pertaining tO project information, please contact Marsha Johnson of the Program Development Office 850-4144622 - Marsha.Jolmson~dot. state.fl.us Questions concerning the web page contact: Roger Kreisel 850-4144636 -Roger. Kreisel@dot.state.fl.us .../~PDetai~.asp?PGM=WP&WPItem=229748-~&SEL=G&Dist=~4&C~unty=93&S~rt=A&PhaB/2~/~2 .Florida Department of Tran~ortatio. n - Work Program Detail Listing Page 1 of 1 Search MyFtoric~a.com I contact us I what's new I FAQ's I links Work Program 2002-2007 TENTATIVE Last Update: 1/7/02 - 11:06 PM District 4 - PALM BEACH County Category: Highways Phase: Construction Item Number: 403603-1 Component Group: Highways District: 04 - Palm Beach County Description: 806/ATLANTIC Type of Work: Resurfacing Item Number: 403603-1 Length: 1.651 Miles Preliminary Engineering Fiscal Year:I 2002I Amount:[ $481,200I Construction ................. Amount_![ SR-A1AJOCEAN BLVD FROM S OF LINTON BLVD TO N OF SR- 20031 20041 0051 20061 2007 152,618,2881 .............. Return to the Category_ Group Selection screen Return to District 04's map Return to the State map Return to the Florida Department of Transportation's Work Program home page Program Development Office home page To submit questions pertaining to project information, please contact Marsha Johnson of the Program Development Office 8504144622 - Marsha.Jolmson~dot.state.fl.US Questions concerning the web page contact: Roger Kreisel 8504144636 -Roger. Kreisel@dot. state.fl.us .../WPD etai 1. asp ?P GM =WP &WPItem=403603-1 & S EL=G&Di st=-04 & C ounty=93 & S ort=A&PhaB/20/02 involvement, the nature and extent of potential effects on historic properties, and the likely nature and loc~ttion'of historic properties within the area of potential effects. The Secretary's standards and .guidelines for identification provide guidance on this subject. The agency official should also consider other applicable professional, State, tribal, and local laws, standards, and guidelines. The agency official shall take into account any confidentiality concerns raised by Indian tribes or Native Hawaiian organizations during the identification process. (2) Phased identification and evaluation. Where alternatives under consideration consist of corridors or large land areas, or where access to properties is restricted, the agency official may use a phased process to conduct identification and evaluation efforts. The agency official may also defer final identification and evaluation of historic properties if it is specifically provided for in a memorandum of agreement executed pursuant to Sec. 800.6, a programmatic agreement executed pursuant to Sec. 800.14Co), or the documents used by an agency official to comply with the National Environmental, Policy Act pursuant to Sec. 800.8. The process should establish the likely presence of historic properties within the area of potential effects for each alternative or inaccessible area through background research, consultation and an appropriate level of field investigation, taking into account the number of alternatives under consideration, the magnitude of the undertaking and its likely effects, and the views of the SHPO/THPO and any other consulting parties. As specific aspects or locations of an alternative are refined or access is gained, the agency official shall proceed with the identification and evaluation of historic properties in accordance with paragraphs (b)(1) and (c) of this section. (c) Evaluate historic significance. (1) Apply National Register criteria. In consultation with the SHPO/THPO and any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to identified properties and guided by the Secretary's standards and guidelines for evaluation, the agency official shall apply the National Register criteria (36 CFR part 63) to properties identified within the area of potential effects that have not been previously evaluated for National Register eligibility. The passage of time, changing perceptions of significance, or incomplete prior evaluations may require the agency official to reevaluate properties previously determined eligible or ineligible. The agency official shall acknowledge that Indian tribes and Native Hawaiian organizations possess special expertise in assessing the eligibility of historic properties that may possess religious and cultural significance to them. (2) Determine whether a property is eligible. If the agency official determines any of the National Register criteria are met and the SI-IPO/THPO agrees, the property shall be considered eligible for the National Register for section 106 purposes. If the agency official determines the criteria are not met and the SHPO/THPO agrees, the property shall be considered not eligible. If the agency official and the SHPO/THPO do not agree, or if the Council or the Secretary so National Register of Historical Places Page 1 of 2 226 years, 241 days since July 4, 1776 getting older every day... Welcome to the National Register of Historic Places.com The National Register of Historic Places is the Nation's official list of cultural resources worthy of preservation. Authorized under the National Historic Preservation Act of 1966, the National Register is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect our historic and archeological resources. Properties listed in the Register include districts, sites, buildings, structures, and objects that are significant in American history, architecture, archeology, engineering, and culture. The National Register is administered by the National Park Service, which is part of the U.S. Department of the Interior. This site presents a range of beautiful historic places throughout the country. Visitors can access places well worth visiting in different states and counties across the nation. Both individual historic destinations and districts can be easily found that cover a tremendous range for points of interest. Get information on famous persons, events, sites, buildings, and much more. Welcome to an adventure in finding numerous places which made a mark in history. Use the following links to locate Historic Places: Travel Destinations - Coming Soon. Plan vacations, day trips, or visits to places on the National Register that are 'open for business'. Vacant / Not In Use - Opportunities or places to avoid? Places designated as 'vacant' or 'not in use' may be an ideal business location, your next home, or perhaps a location that needs restoration assistance. Currently there are approximately 8,460 places listed as vacant or not in use. · Historic Districts - With over 11,988 designated http://www.nationalregisteroflaistoricplaces.com/ 3/15/02 36 CFR Part 60 - National Register of Historic Places Page 4 c or 15ublic agencies holding fee simple title to property. Owner or owners does not include individua partnerships, corporations or public agencies holding easements or less than fee interests (including leaseholds) of any nature. (1) Site. A site is the location of a significant event, a prehistoric or historic occupation or activity, a building or structure, whether standing, mined, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure. Examples Cabin Creek Battlefield (Pensacola vicinity, OK) Mound Cemetery Mound (Chester vicinity, OH) Mud Springs Pony Express Station Site (Dalton vicinity, NE) (m) State Historic Preservation Officer. The State Historic Preservation Officer is the person who 1~ been designated by the Governor or chief executive or by State statute in each State to administer th State Historic Preservation Program, including identifying and nominating eligible properties to the National Register and otherwise administering applications for listing historic properties in the National Register. (n) State Historic Preservation Program. The State Historic Preservation Program is the program established by each State and approved by the Secretary of Interior for the purpose of carrying out ti provisions of the National Historic Preservation Act of 1966, as amended, and related laws and regulations. Such program shall be approved by the Secretary before the State may nominate properties to the National Register. Any State Historic Preservation Program in effect under prior authority of law before December 12, 1980, shall be treated as an approved program until the Secretary approves a program submitted by the State for purposes of the Amendments or December 12, 1983, unless the Secretary chooses to rescind such approval because of program deficiencies. (o) State Review Board. The State Review Board is a body whose members represent the professio~ fields of American history, architectural history, historic architecture, prehistoric and historic archeology, and other professional disciplines and may include citizen members. In States with approved State historic preservation programs the State Review Board reviews and approves Nation Register nominations concerning whether or not they meet the criteria for evaluation prior to their submittal to the N-PS. (p) Structure. A structure is a work made up of interdependent and interrelated parts in a definite pattern of organization. Constructed by man, it is often an engineering project large in scale. Examples Swanton Covered Raikoad Bridge (Swanton vicinity, VT) ' FontMne Fo~ ~tops to think at his winter Go~d* ' I~~' ' ~' Illll I IIIII IIII II I II I -- iiii ~ ~owe~ul Katri~n and Tomboy Thy]or will be ~ea]le~ ~y many not~o~M .~ka, it ~ms, s~nt much time liftin8 the wa~nrd trolley bae~ on ~ track. L Fox, at Yero Beach in the photo at right, spends m,ch time on the golf course. He got his idea for Toonerville Trolley from a tin). streetcar he rode in Louisville. Fox always wanted to write, and here, at last, TOONER¥1LLE TROLLEY Cond.m~d him these sunny days on the Course at the Veru Beach Country Club or the Riomar. "I've played golf for 57 years," he said. tt'a kept him young, wiry--and in the low 80's. Even more satisfying than his scores, he carries along on the fairways priceless memories of the ~Jt. the talented, the colorful people who made the Roaring Twenties roar. F. Scott Flt~erald, Grenttand Rice, Ring Lard- ncr, Tad Dorgan, H. T. Webster--a parade of peo- ple who gave color and zest to that fantastie decade. Most of them are gone now, but In memory they still go 1round the course with Fontaine Fox. These and others eame to life in an interview in the Coffee shop of the Veto Reach Delmar Hotel, his Florida residence. He started his career on The Louisville Herald ns a $64-week reporter. "I always wanted to be a writer," he said, 'I guem it's because a professor at Indiana University said I was a born rubbernecker and that's a good thing for I writer to be." Now unybedy who's eberisbed a desire to be a writer for more than 90 years should get his wish, at least once, by age 75, even Jf he has a ghost. So from here on out, it*a the story of Fontaine Fox--by Fontaine Fox. "Well, tn Louisville they found out I could draw, and there was a politieal campaign going on that the paper was in--so they bad me draw some car- toons. Our man won and I got a hundred bucks extra. ~ "In Louisville there wks this Brook Street trolley line. The ear was mounted on a single truck (four wheels), it had six windows, and you could sit in r~ont and kick the back door closed with your foot. It was so shaky and springy the kids would start bouncing up and down and rock the ear right off the tracks. "One time this happened I was aboard. The motorman got sore and called a cop. The cop said: 'Those kids didn't do anything. Your car ain't no good.*' "After five years in Louisville there was Chicago and a job on the Post. I bad an offer from the he gets his chance Tribune and turned it down and George Ade ~ to me and sa~d: ~l'his is the first time that's happen in the history of journalism. Nobody ever tm down the Chicago Tribune.' '.Those were wonderful days in Chicago--s great newspapermen, George Ade, John T. I Cutchcon, Ring Lardner, Hugh Fullerton, I. E. born, Westbrook Pegler--many more. ~Pegler was big, strong and tough. He liked fight. I remember one time a bunch of us were Stillson's Restaurant and a fight started across room. Hughie Fuilerten got up and said: 'I'm out and find Westbrook--he'll want to get in th "It was in New York in 1915-1 remember was the year the Lusitania was sunk--when I out to New Rochelle to see a eartoonist Charlie Voight. "There was this broken down old trolley car the station and I got on board. It want hanging s swaying out in the countryside and I asked motorman ~f he knew where Voight lived. Pre soon he stopped the ear, got out and left the otl passengers in the car. I followed him across the ro Contfnaed on Pele N MIIIa~M/'NAL MAOAZINI Literary greats were among pals elf the cartoonist TOONERVILLE TROLLEY Conffn=ed T4en he pointed up a hill and said: 'l~at's where L~arile fives--in that yells house up there.' · 'rl~t night I thought about the New Rochelle trolley and I remembered the old Brook Street trolley heek in Louiwvllle~and that's how the ?oonervllle Trolley was born. ~ New Voel~ Jack Wheeler started syndicating the cartoons smd they appeared in hundreds of newspapers .... We lived in Port Washington on Long Island, and some of the best writers and artists ~in the country lived nearby. 'SI'here was Tad Dorga~Rlng l~xdner had also come east from Chicago--Scott Fitzgerald, Grant- land Rice, Wobble (H. T. Webster), people like that. Ring was · Mrange, lovable guy. · 'I remember one morning, *a little after 8 o'elech, Grannie Rice called me up and said: *Hey, you better come over here. Rin~'s been sitting in a hedge since 4 t Jrt. and we can't get him out.' So I went over and there was Ring Lardner Just sitting in the dead part of · hedge..Ho was cold sober, too. 'So I said: *Hello Ring, what you doing?' and - he sfdd: Tm ruminating.* So I got in the hedge with Ida and smiled and told him all about the interest- in~ thins in the morntn_~ papers and asked him fi he e~er caught cold. He said he did, so I mentioned it w~ damp in there and he better come ont. So I e~ne out, and he emne out too. "Then he saw Grann/e, Walter Trumbull and a are, ¢hunn them. Wily don't they go home and m/nd &&HING'" came over to my house very late one niffht Greenwich Village .... Ring was mortified, so I had . ~ act as diplomat again. I had a Butler i,~ those days, so I had him put Ri~ in one room, with some ]iffht re{re~tnent--and the noisy one /n another with ro refxeshment, and then I took Scott ~dde and I : eminded him of hh~ Princeton tredit/on. You know, ~ ~.ntlemen drink like gontlemen and are quiet and ,- "~Fc-'ott's PTinceton pride w~ touched and he weut in a~! quieted that fl'/end down right away ~ took him of{. ~ asked me how I did /t. ' 'Oh,' I sa/d, °I Just told Scott he was a Pr/nceton ~11~.' "I was Idwey! curious and I never lave up the Mea of being e wflter. 'One day, when be le~t expected It, I went in to see my qen~ and manager, the fellow who took care of the money end of things for me. "I broached the subject of dropping the cartoons and being a writer, He stared at me. Of course he wu shocked. He conld probably see all those biff fees melting away. He said 'Do you r,amliy, e there are only two writers in the U. S. making more money than ~ou aro--Bouth Tarkington iud Harold Bell .Wri&,bt? You want to f~ve tlmt up to he a alrngflinf write'?' "So I went on drawine the Tooueretlle TFolley." Although the Toonerv'dle Traction Co. appeared to be a broken-down enterprise with only one piece - of~anetent rolling stock and some raLLy offbeat cue* tomes-s--it has paid rich dividends to Mr. Fox-- in funds and fun. And for many years to come, the eehe of Jb "Clank Clang" dialogue balloons will rb~ in the mind- ~ hearts~of h~f ~althful fans. A ClGAK[TTZ ! ~'Ka~/ 'AT P The Terrible - Tempered Mr. Bang, shown above, was always ready to blow I,i~ top. Here it's the newfangled radio that is attracting his attention. Miekey MrGuire, another well known Toonerville chnrarter, apl)ears in the id~oto at tl~e left. I"Ie was hardly the Sunday-school type, you see at a glance. stralian kangaroo in Mow°mo- tlon. On severnl occasions the disturbance brought semi-trot calls to the police fi-om the railway con- cern, whose franchise to haul Lou- xsvillians hither and yon mbst certainly didn't include the pos- sibility of seasickness for its mo- tormen. Numerous were the pleading letters r. ead to the dious young gentlemen of the' higla schools, imploring them to co- operate with their eiders, who had a kno[ty problem on their hands. It seemed the Brook St. llne, be- ing the closest and most movable object at hand wl~n the school doors burst open at the day's end, naturally and necessarily became the medium for extracting tim A't. Delray l~each, Fla, Fox sketches w i t h his w i I s and dogs Ior com. pany. energy pent up dreds of boy,s as they sat through a morning of dull, stodgy room work and study. Dra,vn B..~. Mules ~lt First In 1883, when the line was ~r~t started, the cars were nothing more than small boxes containing seats, drawn by two little mules. Frequently, it is recalled, operators of the mule cars would dismount and offer feed to the mules to spur them on. For ye'.ars the street car line brought a sure laugh whenever' it was mentioned, either in print or /rom the vaudeville stage. Junking of the Brook St. line was decided upon chiefly because of Hotmail · · Page 1 of 1 Hotmail® mayordaveSS@hotmail.com ~nbox I Pre~ousP,,. From: Otizeno~elmy@aol.com To: mayo~ave56@h~maihcom, Archemmail@aol.com, Delraycommish@aol.com, ~nlevinson@compusewe.com, delraycommish@hotmail.com, delraycomish@hotmail.com, delcomm~sh@hotmail.com Su~ect: PROD Jews on Agenda ~em 8.K Sele~kon of DT Namer Plan Comml~ee Date: Non, ! Apr 2002 20:52:20 EST PROD is concerned that this important issue is being handled with such minimal publicity. There appears to have been no general call for people interested in serving on the transformed steering committee. (Contrast the recent Neighborhood News call for volunteers for no less than seven of the City's advisory boards.) It is even more curious that 21 reappointments and ten new appointments to a Committee that will have a major impact on the future of Delray Beach are buried in the consent agenda. The memorandu/n from the P&Z Staff on this item suggests that the membership of the CoIm~ittee be approved "as recon~nended." Whose reco~mnendation is this? A member of the Steering Committee who attended all its meetings reports that this list was never presented to that Committee. The staff memorandum also indicates that the 10 new members are "to ensure that [the] Committee continues to represent the affect community." PROD is concerned with the geographical balance of the new Implementation Committee. As Diane Dominguez so eloquently pointed out during the debate over the initial composition of the Steering Committee, residents all over the City have an interest in their downtown. That includes people West of 1-95 and those to the North and South of the Master Plan's boundaries. In view of the importance of the Master Plan to the future of Delray Beach, all sectors of the City must have explicit and implicit trust in the Implementing Committee. It is therefor unfortunate that the new committee's first steps are being taken in a veil of secrecy. The City Commission would be well advised to open up the process to ensure public confidence. Sincerely, John Bennett President Progressive Residents of Delray http://lw8fd.law8.hotmail.msn.com/cgi-bin/getmsg?curmbox=FO00000001 &a=509697fb 17b.. 4/2/2002 Hobnail . · Page 1 of 1 Hotmail® mayordave56Ohotmail.com From: Frankmckinney3@aol.com To: mayordave56@hotmail.com Subject: Fwd: Tuesday Date: Tue, 2 Apr 2002 10:27:12 EST Inbox Previous Paqe Frank McKinney http://www, frank-mckinney.eom/ Rebecca & Jeff, In case the preservationists have forgotten: We have meticulously maintained and preserved our Fontaine Fox home allowing it to be used for many functions that have benefited Delray Beach over the years, in lieu of demolition we have restored the supposed Volk house and cottage next door at 622 N. Ocean, in lieu of demo we restored the historic home at 501 S. Ocean (Worrell), in lieu of demo we restored the home at 1171 S. Ocean (Chateau D' Amoureux), in lieu of demo we moved a historic home off the site at 611 S. Ocean where we built a new home, in lieu of demo we restored four dilapidated old "crack houses" at the gateway to our city (72 S.E 6th Ave - NB Federal Hwy) into the Historic Executive Suites of Delray (won preservation & SPRAB awards), in lieu of demo we restored 5 individual homes on Banker's Row and made that street what it is today, before the West Settleds District existed we restored many of the older homes in that neighborhood That is just Delray. We did other projects in the Northwood area of WPB. Contrary to what many believe, our record shows Nilsa & I have always been sensitive toward preservation. Almost all of this occurred before Wendy, Bennett, Warner, Helm, and other "naysayers" arrived on the scene. Sincerely, Frank McKinney http://www.frank-mckinney.com/ ~)~..~,~,,~.,t~. © 2002 Micro.it Cor~raUon. ~1 dgh~ ~ed, TERMS OF USE Advertise TRUETe Approved Pdvacy St http://lw8fd.lawS.hotmail.msn.com/cgi-bin/getmsg?curmbox=F000000001 &a=84dbb099afb .. 4/2/2002 Ho~xnail . · Page 1 of 1 HotmaJl® mayordaveS~@hotmaih¢om Tnbox ~ Previous Paqe From: NilsaDesign@aol.com To: Delcommish@hotmail.com, mayordave56@hol~nail.com, ALBERTANC@aoI.com, 3onlevinson@cornpuserve.com CC: d~enderson~ebpc.com Subject: Tuesday Date: Tue, 2 Apr 2002 10:45:53 EST Dear Commissioners, Frank sent you a list of preservation efforts we have been involved in since moving to our beautiful city 13 years ago. He forgot to mention our involvement in the Sandoway House. Many have forgotten that at one time we owned that home as well. We decided to sell it to the County instead of developing it. The Sandoway House Nature Center exists today because Frank wanted it to be. We love our home and enjoy the lifstyle it and belray Beach provide for us. We have taken great care to preserve our home and guest cottages. We have no intention of changing anything in our Historic home. For those to say anything to the contrary are unaware of what we have done in the past and are speaking on pure emotion. It is my sincere hope that you will listen to oll that is presented this evening. Sincerely, Nilsa Design Services [nc. 610 North Ocean Blvd. belray Beach, Florida 33483 Pho ne: (56 !)274-6490 F~:(56~)274-0850 E-mail: Ni Isadesign~ao I.com ~~~, ~ 2~2 Hi~osoECo~or~on. NIdgh~ew~.TEEHSOFUSE Adve~ise TRUSTe Approved Privacy St http://lw8fd.law8.hotmail.msn.com/cgi-bin/getmsg?curmbox=FO00000001 &a=84dbbO99afb .. 4/2/2002 Ho[mail . . Page 1 of 1 HotmaiP mayordave$6@hotmail.com From: MartinBuerk@cs.com To: mayordave56@hotmalhcom, kathyandjeff@hotmaihcom, Delraycommish@aohcom, jonlevinson@compuserve.com, pzmail@delrayplanning.org CC: joannS0@gateway.net Subject: Ammendment to City Ordinance 10-89 Date: Non, :1 Apr 2002 07:19:55 EST Apdl 1,2002 Inbox I Previous Page RE: Ammendment to City Ordinance 10-89 Former Fontaine Fox Home Dear Mayor and City Commission: It seems the former property of Fontaine Fox at 610 N Ocean Blvd is the subject of a possible ordinance modification that would increase density beyond current city regulation. Subdivision and development was investigated by the previous owners (Wilson) some time ago and reconciled by building across the street (A1A) and limiting future development on the primary Fox parcel. Its subsequent historical listing was additional protection against unrealistic development. Ammending City Ordinance 10-89 is not consistent with either of the above actions and is not within the scope of the city's comprehensive Plan. I urge the commission to deny the requested ordinance ammendment (10C of the Staff Report). Martin E. Buerk 728 Lakeshore Dr. © 2002 MicrosoR Corporat3on. All nghts reserved. TERMS OF USE Advertise TRUSTe Approved Pdvacy St http ://lwSfd.law8.hotmail.msn.com/cgi-bin/getmsg? curmbox=F000000001 &a=4d7bce7363 fl.. 4/1/2002 Dear Commissioners: I am writing in reference to the dedesignation of 620 North ~ Boulevard. It seems so elementary to me that the property was purchased with the full knowledge of the designation and all the restrictions that go with that. It is also true that when the property was purchased, it was sold as a property that allowed one lot to be developed, and 1T WAS PRICED ACCORDINGLY! The previous owners, very well versed in development and preservation, knew full well that the market price would be far greater if the property allowed four rather than one lot. And so .... they priced their property as it should be, as a "designated"property with one vacant lot. YOU CAN BE SURE THEY DID NOT DO THIS TO LATER BENEFIT ONE INDIVIDUAL, BUT RATHER TO BENEFIT, FOR YEARS TO COME, THEIR NEIGHBORHOOD AND THE CITY THEY LOVED ! Please consider the long range benefit to our city and it charm by maintaining its treasures. Let us look back and be proud that we were, under good leadership, able to develop a city while preserving its integrity. PLEASE VOTE NO TO THE DEDESIGNATION. Thank you, Tina Smith CRESTWOOD DRIVE A B C < I HAMMOND RD. ,- 0 ,,, D E F < z I ~ ! ! ! ~11,.. =..=....I I / N ~ L ~- G H I J I ......J~ HARBOR DRI~ ~~ ~ K L M'~ ~ 0 ADJACENT PROPERTIES INDEX MAP SQ. FE~ HOUSE ~ELS SQ. ~ HOUSE B Vaunt J 3,178 2 C vaunt ~ 3,801 1 D vaunt (~moliaon) L 5,653 2 E v.~.~ M ~.7~ 2 F ~.3,0 2 N 4.~ 2 G ~..32 ~ 0 ~S,T~ H 2,s~9 ~ ---- O/~R",aJ. ~R.~E Ag4P .%")'~7'E'M -- (CITY OF DE~RAY BE. ACH. FL/ PLANNING & ZONING Dc"PARTMENT) MAP REF: LM$85 From: MartinBuerk@cs.cord · , · To: Outlook Express::mayordave56(~hotmail.com; Outlook Express::kathyandjeff(~hotmail.com; Outlook Express::Delraycommish@aol.com; Outlook Express::jonlevinson(~compuserve.com; Outlook Express::pzmail(~delrayplanning.or~ cc: Outlook Express::joann50@gateway.net Subject: Ammendment to City Ordinance 10-89 Date: 7:20 AM - 4/1/2002 April 1,2002 RE: Ammendment to City Ordinance 10-89 Former Fontaine Fox Home Dear Mayor and City Commission: It seems the former property of Fontaine Fox at 610 N Ocean Blvd is the subject of a possible ordinance modification that would increase density beyond current city regulation. Subdivision and development was investigated by the previous owners (VVilson) some time ago and reconciled by building across the street (A1A) and limiting future development on the pdmary Fox parcel. Its subsequent historical listing was additional protection against unrealistic development. Ammending City Ordinance 10-89 is not consistent with either of the above actions and is not within the scope of the city's comprehensive Plan. I urge the commission to deny the requested ordinance ammendment (10C of the Staff Report). Martin E. Buerk 728 Lakeshore Dr. ELLEN UGUCCIONI EDUCATION 1972 1982 B.A. Art History, University of Hartford M.A Art History, University of Missouri - Kansas City PROFESSIONAL EXPERIENCE September 2001-Present Historic Preservation Planner Janus Research March 2001 - September 2001 Senior Planner, Historic Preservation Planner City of Dekay Beach, Florida 1999oJanuary 2001 (Retired, January 2001) Cultural Resources Advisor City of Coral Gables, Florida 1985-1999 City of Coral Gables, Florida Director, Historic Preservation Department 1980-1985 City of Kansas City, Missouri Assistant Administrator, Landmarks Commission 1978-1980 University of Mtssouri at Kansas City Research Associate, Architectural Records Collection ADDITIONAL PROFESSIONAL ACTIVITIES Adjunct Faculty, University of Miami, School of Architecture, Coral Gables, Florida, 1990 - Present. Florida National Register Review Board (1986-1990, 1991-1995, and 1997- 1999). Florida Historical Commission. 2002-2006 Florida Trust for Historic Preservation, Trustee. 2001-2003. American Institute of Architects, Miami Chapter, Photographic Exhibition, "Mediterranean Magic - Coral Gables: The New Old City." March-June, 1115 OBISPO AVENUE · CORAL GABLES, FLORIDA 33134 PHONE (305) 445-5023 ° FAX (305) 445-8495 · E-MAIL ELLENUOUCCI~AOL COM 1995. Co-Chair, The 53~a Annual Meeting of Historians, Miami-Da& County, June 2000. President, 2000-2001, The Villagers, Preservatton Organization). PUBLICATIONS (SELECTED) the Society of Architectural Inc.(Miami-Dade County's Oldest BOOKS PERIODICALS Fountains of Kansas City.. A History. and A Love Affair (with Sherry Piland), City of Fountains Foundation, Kansas City, Missouri, 1986. Coral Gables itl Postcards; Scenes from Florida's Yesterday (with Samuel D. LaRoue, Jr.), Dade Heritage Trust for Historic Preservation, Miami, 1988. "Coral Gables: A Neighborhood Unparalleled", Miami'.s J-tistoric Neighborhoods, Miami: Dade Heritage Trust, 2000 Mediterranean Architectural Style Guide, City of Coral Gables, Planning Department, Coral Gables, Florida, 1987. "Coral Gables" in Miami's Historic Neighborhoods: A History of Community, edited by Becky Roper Matkov. San Antonio: Historical Publishing Network, 2001. Hurricane Readiness Guide for Owners and Managers of Historic Resources (w~th Joseph Hemdon), Information Series, National Trust for Historic Preservation, Washington, D. C., 1997. "Shaping New Historic Districts: What to Save?" Preservation Today, Volume III, No. 1 (Spring 1990), Dade Heritage Trust, Miarm, Flor/da. "Coral Gables, the Tradition Continues." Coral Gables Magazine, Volume III, No. 1, 1991, Metro Magazines/Southern Florida, Inc., Miami, Florida. "Main~g the Legacy While Responding to the Present." Quality Cities, March 1991, Flor/da League of Cities, Tallahassee, Florida. "Economic Carrots: Strategies That Make Preservation Work" Preservation Today ,V~rmter 1999/2000, Dade Heritage Trust, Miami, Florida. SELECTED SPEAKING ENGAGEMENTS "Confronting Cultural Preservation Issues." Panelist, National Trust for Historic Preservation Annual Conference, Charleston, South Carolina, 1990. "Community by Design: the Challenges of Design Guidelines." Panelist, National Trust for Historic Preservation Annual Conference, Miami, Florida, October, 1992. 'Whe Bias of Culture: When Does a Community Come of Age?" National Park Service, Preserving the Recent Past Conference, Chicago, Illinois, March, 1995. 'qnne Dollars and Sense of Saving Historic Neighborhoods" Panelist, Dade Heritage Trust and The Miami Alliance of Historic Districts, Miami, Florida, September, 1999. "Preservation, Restoration, Rehabilitation--Different Applications for Different Needs", International Public Works Congress, Louisville, Kentucky, September 2000. PROFESSIONAL MEMBERSHIPS Sodety of Architectural Historians National Trust for Historic Preservation Florida Trust for Historic Preservation Dade Heritage Trust Marine Corps Reserve Officers Association. COMMUNITY ACTIVITIES Coral Gables Foundation, Board of Advisors, 1990-Present. Coral Gables Historic Homeowners Association, Board of Directors, 2000- Present The Villagers [Dade County's oldest preservation organization], Board of Directors, 1995-1998, President 2000-2001 Junior League of Miami, Community Advisor, 1992-1995. University of Missouri at Kansas City, College of Arts and Sciences, Alumni Leaders Chh, 1997-Present~ MILITARY EXPERIENCE United States Marine Corps Reserve, Lieutenant Colonel (Retired). AWARDS RECEIVED(SELECTED) Distinguished Service Award, Florida Trust for Historic Preservation, 1987. Outstanding Achievement Award, The Villagers, 1990. Outstanding Graduate, University of Missouri at Kansas City, Department of Art and Art Histov/, 1990. JULY ~001 , From: Citizenofdelray(~aol.~m ~ , To: Outlook Express::mayordave56(~hotmail.com; Outlook Express::Delraycommish(~aol.com; Outlook Express::kathyandjeff@hotmail.com[ Outloqk Express::jonlevinson@compuserve.com Subject: PROD Views on Agenda Item 12A--Proposed Amendment of City Ordinance 70-89 Date: 11:32 PM - 3/16/2002 PROGRESSIVE RESIDENTS OF DELRAY P.O. BOX 1301 DELRAY BEACH, FL 33447 March 16, 2002 Dear Mayor and Commissioners: Acceding to the Applicant's requested ordinance (version 10C in the Staff Report) modifying of City Ordinance 70-89 would make no business sense and would contravene the requirement that land use actions be consistent with the City's Comprehensive Plan (COMP PLAN). One option that is not dealt with in any detail in the Staff Report would be to deny the request outright. This would maintain the carefully negotiated bargain embodied in Ordinance 70-89 and would not be inconsistent with the COMP PLAN. The two in-between proposals included in the Staff Report, one sponsored by the Staff and one favored by the Historic Preservation Board (HPB), would both be consistent with the COMP PLAN and enhance historic preservation in the area at an acceptable price. Both the Designation Report for the Fontaine Fox Historic Site and the text of Ordinance 70-89 make it abundantly clear that both the historic designation of the entire site (Lots 1, 2, and 3 of Ocean Apple Estates) and the limitation of one dwelling unit on Lot 3 constituted the essential consideration provided to the City by the previous landowners, in order to win the right to build a house directly on the beach on a lot that was less than the minimum size for a buildable lot. (Apart from other text provisions, it is noteworthy that the Ordinance's severability section, contrary to usual City practice, invalidates the entire ordinance if any section is deemed invalid.) This was, according to old-timers, a deal that was arrived at very publicly, with the full participation of interested neighbors and their association. The City has fully performed its obligations under this negotiated arrangement and the house now stands at 615 North Ocean Boulevard. Once the City has done its part, in a very permanent way, it makes no sense to allow the Applicant to take back much of what its predecessors in interest gave up in a carefully negotiated arrangement. To do so would also betray the neighbors and neighborhood association who participated in concluding the deal. (Although the current property owners arrived on the scene after the deal was struck, they were on notice of it and their purchase was subject to it.) Contracting the area previously designated historic would also set an undesirable precedent that could seriously undermine histodc preservation elsewhere in the City, as other successors in interest to designated histodc properties could also seek delisting. Even if you were willing to surrender the City's carefully negotiated consideration without obtaining anything substantial in return, yo would have to be willing to violate the COMP PLAN. ObJective A-4 of the Future Land Use Element of that Plan requires that "redevelopment of land and buildings shall provide for the preservation of historic resources." Not only would Applicant's proposal directly diminish historic resources by reducing the area subject to historic protection by the HPB as a result of the previous designation, but would also undermine the historic environment of the site, both by a 300% increase in density over Lot 3's historic norm and by encouraging development that would not undergo HPB screening to encroach upon the historic structure on Lot 2. The option of rejecting any chan~e in O~inance 70-89 would retain the existing bargain embodied in that Ordinance. By maintaining the status quo, it would preserve the existing historic resources t@ the e~dent that they are protected now. As such it would not be inconsistent with COMP PLAN FLU Element Objective A-4. It would do nothing, however, to increase protected resources or to increase the protection of the Fontaine Fox house itself. The intermediate options, versions 10A and 10B in the Staff Report, favored by the HPB and the Staff respectively, both serve to increase historic resources, by obtaining designation of the neighboring house (once occupied by Mrs. Fox), and increase the protection of the Fontaine Fox House (by National Register listing) and its environment (by protection of the lots to the North and by the buffer and height restrictions to the rear of the house). The only difference between these two options is that the HPB would allow development of only two dwellings on Lot 3, while the Staff would permit three. Either option would be consistent with the COMP PLAN as both enhance the protection of historic resources. While either option is acceptable, allowing the creation of three lots on Lot 3 would be more attractive to the Applicant, who would therefor be more likely to enter into the revised deal and it is arguable that smaller lots would lead to smaller houses that would be more in keeping with the historical milieu. As a technical drafting point, should not the severability section of either proposed ordinance 10A or 10B be revised along the lines of that in Ordinance 70-89, namely that the amending ordinance is a single whole and not severable? To do otherwise would raise the possibility of a carefully worked out compromise not being fully effective. Before the HPB, the Applicant made three arguments: 1) Applicant's proposal would result in an increase in the City's tax base by $7,625,000; 2) There are precedents elsewhere for delisting; and 3) It is unfair to burden the Applicant's property with historic status, when the City did nothing to protect other portions of the original Fox Estate (in particular, the City did not attempt to obtain HPB jurisdiction over the recently approved Lane Subdivision [immediately to the North] when waivers to the LDRs were granted). These arguments are either exaggerated or not well founded, or both: 1) No proof was offered for Applicant's assertions that four houses on minimally sized lots would assess at $2 million each. Additionally, although Lot 3 may be currently assessed at $375,000, the relevant comparison would not be Lot 3 is its current raw state, but rather what an appropriately sized single house (as permitted by Ordinance 70-89) would be worth, which if Applicant is correct about the value of one of its small lot homes, would obviously exceed $2 million and could be in the $3-4 million range. 2) Neither of the precedents for delisting cited by Applicant (one in California and one in Palm Beach) involved a designation that was part of a carefully negotiated bargain to permit other construction. 3) It is hardly unfair for the City to insist on the rights it negotiated for itself and that Applicant's predecessors in interest voluntarily ceded top the City for valuable consideration. The City had no jurisdiction to establish historic status for any other portion of the original Fontaine Fox Estate unless the owners thereof applied for designation. The owners of the portion of the Estate that was designated listed all the property they owned. (Property surrounding historic estates has been sold off long before designation all over the country--plantation that were originally thousands of acres now consist of the buildings and relatively small areas of land.) The waivers permitted for the Lane Subdivision involved sidewalks and right of way widths. These types of minor waives are routinely granted to small developments all across the City. The Applicant will need these kinds of waivers to make The Village by the Sea Subdivision work. ACCORDINGLY, WE URGE YOU TO ADOPT EITHER ORDINANCE 10A-02 OR ORDINANCE 1 OB-02. Sincerely, John C. W. Bennett President · From: TTTTS@aol.com . · To: Outlook Express::jonlevinson(~compuserve.com Subject: DEDESIGNATION Date: 8:24 PM - 3/31/2002 ' Dear Commissioners' I am writing in reference to the dedesignation of 6 fO Nort~ Ocean Boulevard. It seems so elementary to me that the property was purchased with the full knowledge of the designation and all the restrictions that go with that It is also true that when the property was purchased, it was sold as a property that allowed one lot to be developed, and IT WAS PRICED ACCORDINGLYI The previous owners, very well versed in development and preservation, knew full well that the market price would be far greater if the property allowed four rather than one lot. And so .... they priced their property as ~t should be, as a "destgnated"property with one vacant lot YOU CAN BE SURE THEY DID NOT DO THIS TO LATER BENEFIT ONE INDIVIDUAL, BUT RATHER TO BENEFIT, FOR YEARS TO COME, THEIR NEIGHBORHOOD AND THE CITY THEY LOVED~ Please consider the long range benefit to our city and it charm by maintaining its treasures Let us look back and be proud that we were, under good leaderstup, able to develop a city while preserving gs integrity PLEASE VOTE NO TO THE DEDESIGNATION Thank you, Tina Smith EJ.t. Jt'q ..ti/ J.O .r',,'~.,J,. O0.J- ,CIO ' . .... ~ THE WILSON GROUP March 28, 2002 Ms. Susan Ruby City Attorney City of Delray Be~ch 100 NB 1 "~ Street Delray Beach, Fi¢~ida BYFAX Dear Susan: It is 3:30 in the m:~roing and I mu awake thinking about thc property at 610 North Ocean Boulevard. It is :~ot the first night I have awoken thinking about this since we spoke. Tlus is a rather unorthodox letter, but one I feel I mu~t write. It is the decision about leaving one's past behind or expressing something about a belief you have, and I have decided that ~s the former ownm' and cJret~ker Of thai valuable proper~y I need to express myself. As you know, we felt very strongly about that property. And, ~ you know, we kept that property (at great (:xpensc) when we mowd to Hawaii, b~ause we loved it aud felt it was part of the spirit of Delray Beach, which drew u~ to love the town. We constarttiy maintained the prcperiy, even when we knew the Ci~ allowed for the 100 foot lot to the south of us to be developed into two fifty foot lot~; when we knew the City allowed the historic (but unlisled) house to th~ south of that be relocated so the property could bc subdivided into several lot~ (most of which I believe are still for sale), knowing that our propcr~ (200 fcc! on AIA) would be totally developed hut for the fact that it wa~ protected by its hi~toric designation ~vit~ ofll.~ a~e ad~h'lional 1oi, We only sold the [~op~-'~y when we did because Rod wa~ considering t~.ing a position, which would r~ut'e all of his time to be in Jacksonville. We ~old the property knowing that we had protecied it and knowing it w~ zoned for one lot in the back. Do you think wc would have ~o1~1 it for the price we did h~l we known ~mt the City would b~ Ii:fling the preservation ch~ignation, changing the zoning and allowing more than one lot be developed on that lot? Do you think thai we would have continued to put term of thousands of doLla~ s in new cedar shake roofs, in maintenance on the buildings, every year, if we felt that thc City would ~llow the same thing to happen on our leortrlcr property that wa~ allowed or. the prop~rty to the south of u~. Do you think tlmt we would not have consider~l develop ng it ourselves? P.O, BOX 4891 SEASIDE FLORIDA ~24~9-4891 P/-IONE: (1~0) Z)1-~942 · PAX (850) 2~1-9924 03/28/02 THU 09:08 [TX/RX NO 9613) ~4/01/~2 i)t~L bCH CT¥ ATTY -~-~-~ CITY HALL ~uu? (850) i~3!-9924 ~]003 ~.3 I don't know wha~ has been happening s/nee the last meeting on the properl'y, and I do not have copies of the ordinances being cons/derexi before the City Council. However, I do feel that you n,:~l to know that many people came to u~ asking us about developing that property into more lots, and as a developer, my husband knew hc could have built more houses on that lot. As you may or may not know, he has been in that business as well. We felt that this was Delray, and one of the last significant properties, which added to the charm and tie history that has drawn the recognition that Dekay has drawn in the past few years. While I have not boen active politically, as you also know, I have worked very hard in the past to save th,' ar¢:hitecture and history of Delray Beach. I have worked ~o raise money for the Historical i;ociety to help preserve ihe history and arch/t¢cture of Dclray Beach which is one of the stren§th's Delray Beach has over othe~ communities in South Florida and ibc state. As you know that has also brought awareness of the commtufity to the area. I have been Chairman twice for the Annual Antiques Show, once in 1995, when we raised enough money to help relocate the former FEC Ra/lway Depot to Downtown Dckay Beach. Since that time wc have been raising money to make Cason Cottage a more active Historic House Museum and to relocate another historic building to the site at Cason Cottage. I was formerly on the Historic Palm Beach County Preservation Board, and worked with Flancis Bourque in restoring the house for the Sudge Knott Center. And as former Executive Director of thc Boca Raton Community Rodevs[opment Agency, I worked with Francis when she was working to save Old School Square, back in the 1950's. At fifty, I .un now one of the "old people" of Dclray, and while Iarn not active politically anymore, I feel that I have still been active quietly, and wanted you to know this. I only mention this because I havc felt that we, as stewards of an historic property, have consistently worke2 to protect the values that we have felt added to the texhu'~, charm, and sense of place lizat has help to make Delray the Ci*y that it is. For me to ignore what I spent ye. ars of my'~ime, money ~md enerlD, on would be unforgivable for me. Please consider this when msidng your decision about changing the face of this propervy. Thank you so much, Susan. $o~e ~ostomiris Wilson ELIZABETH STEELE FORMAN 3322 Monument Avenue Richmond, Virginia 23221 804-3~3-8509 804-35:3-3552 (facsimile) Mayor and City Commissioners City of Delray Beach, Florida 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mr Mayor and City Commissioners: I want to congratulate you on all Del~ay Beach has done in thc last couple of years to support and encourage proper historic preservation in my beloved hometown. Although now a resident of one of this country's most historic cities, living on the only street in the United States to have its own National Historic Register Landmark status, I am even prouder of having grown up in the "village by the sea!" As a former Floridian, I am often asked for recommendations on where to vacation, and I am happy to say I have sent many people yom way to such quaint and wonderhfi places as the Seagate Hotel and Beach Club, the marvelously restored Colony Hotel and others. My friends return charmed by the magic of our special city, and then, in mm, recommend it to their friends. I write to you today because I am very concerned about the possible removal of a si~ficant piece of property from the Delray Beach Historic Register. Being quite involved in historic preservation in Vir~nia, I nonetheless keep a very close eye on what happens in Delray Beach, both through the media and personal contacts Although it saddened me to see most of the beautiful historic houses on the beach tom down for new construction of questionable taste, it encouraged me to read (in a 1997 Palm Beach Post article) that the developer of said properties had himself bought a historic property (the Fontaine Fox house and property) and promised to not tear it down, but "keep it exactly like it is." (Palm Beach Post, Januao, 19, 1997) To my horror, I have just recently learned that this promise is no longer valid, and that Mr. Mcginney proposes to do something so extreme it is to the point of the ridiculous ..... actually attempt to remove the already listed property from the Historic Register. Historic districts and historic preservation can only work ii'there is a cohesive effort by aU involved to suppol~ the existing regulations and model the highest standards. Both Joe Riley, Mayor of Charleston, South Carolina and my friend, Tim Kaine, former Mayor of Richmond and the current Lieutenant Governor of Vir~nia, can give yon instances of developers coming into thei~ cities, presenting themselves as preservationists and then lateI dema. ch'r~g exceptions to the lmles because they felt they Mar' Elizabeth Steele Form&n G0~-353-3552 were the economic saviors of the ,ci,ty~ ~These mayors stood strong and yet the developers remained, and worked within the si~ucture of historic preservation the cities had set for themselves. The result? Both cities are flourishing, and brining in many tourism dollars because of their unique historic atmospheres. I have met Mayor Riley in the past and Tim Kaine is a personal friend of mine. I would be more than happy to put you in touch with them should you wish further opinions regarding historic preservation and the economic development of a city. To be sure, I am not a "preservation professional", but I am a volunteer with a long history of involvement. To put it in terms that I like to use .... and that are certainly not technical ...... preservation is like dominoes. It only takes one si?ificant piece to fall, and then it becomes practically impossible to keep everything else standing as it should. Please don't let the Fox property be taken out of the protected status that it took so long to obtain. Delray is indeed Florida's quaint and beautiful '*village by the sea" h took a lot of work over a number of years to secure that title, and we must keep working together to maintain it. Thank you all for taldng the time to consider this letter from one is no longer a resident, but who, indeed, tries to do her share in supporting Delray's economy! My family and I look forward to our annual £our weeks stay at the Seal,ate this summer, and enjoying all the wonderful things that are happening in my historic hometown Sincerely, E1/zabeth Steele Forman MEMORANDUM TO: MAYOR AND CITY COIvIM[SSIONERS FROM: ~CITYMANAGER SUBJECT: AGENDA ITEM ~- REGULAR MEETING OF APRIL 2, 2002 APPOINTMENTS TO THE KIDS & COP COMMITIEE DATE: MARCH 29, 2002 The term for Jennifer Buce on the Kids and Cops Committee expired on November 30, 2001. Ms. Buce serves in the category of "Other Representation" and would like to be considered for reappointment. Officer Francis Moschette is a Juvenile Detective and would like to be considered for the category of "Other Representation". The term is for two years, ending November 30, 2003. The following have submitted applications for consideration: Jennifer Buce Francis Moschette A check for municipal liens and/or code violations was conducted. None were found. Voter registration verification was done and all are registered. Based on the rotation schedule, the appointments will be made byMayor Schrnidt (Seat # 5) and Commissioner Perlman (Seat # 1). Recommend the appointment of two (2) members to the Kids and Cops Committee for a two year tem ending November 30, 2003. CityClerk/Board Appt Memo/Kuts &Cop (A) 04-02-02 DELRAY BEACH Ail-America City BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: 2. Home Address:~ StateF( Zip.~ ~>c~83Code 3. Legal~esidence: ~ Ci~ I S~te ~p Code 4. P~M Bus.ess Ad&~s: Ci~ S~te ~p ~e 5. Home Phone: B~ess Phone: E-M~ Address: Ce~ Phone: Fax: 6. Are you a remstered voter? ~e5 If so, wh~e ~e you re~tered? 7. ~atB~~eyou~t~estedmse~?Pl~se~stmord~ofpref~ce:~ 8. ~t aR Ci~ Bo~ds on ~ch you ~e ~fly se~g or have pr~ously s~e& ~l~se Mdu& &t~) 9. ~ucafionfl qu~ficafions: 10. ~st ~y rehted professional ce~ficafions md ~censes whch you hold: 11. Give yom prese~ or most recent mployer, md position: 12. D~ e~mc~, s~ or ~o~e~ ~ch q~ you to s~e on ~s ~d: ~l~se amcha bfief~me) I h~eby c~ ~t ~ ~e a~e smtmm~ ~e ~e, md I ~ md mdmmd ~t my mi~s~tm~t ofmt~ faro ~ed M ~ app~mfi~ may muse f~d~e up~ my pm of my ap~mt I ~y rec~ve. 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 eesponsibility to ensure that a current application is on file. ~'I'Y~XBOARI~M~ICATION DELRAY BEACH AII-Amedca City BOARD MEMBER APPLICATION 1993 2001 Please type or print the following infommtion: State Zip Code 2. Home Address: City ~, /'/- ~- 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Adckess: Cell Phone: Fax: 6. Are you a registered voter? ?"'~3" If so, where are you registered? ,~a, ern,, 7. What Board(s) are you interested in serving?. Please llst in order of preference: qffl/J,9-7.?cob 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: ~g~,~- 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe ex~ences, skill~r kriowledge which qualify you to serve on tb_/s board: (Please attach a brief resume) I hereby certify that ~11 the above statements are true, ~nd ! ~g~ee .nd understand that any mi_~statement of m~t~! facts ~;"'this~ef°ffeJmreup°nmypart°f'yapp°intmentlmayreceive'.~//~//~/ ~.~A~RE DATE · Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's respons~ility to ensure that a current application is on file. S~CrTYCLERK~BO ARD~sPPLIC ATION MEMORANDUM TO:. MAYOR AND CITY ODMMISSIONERS FROM: ~YCITYMANAGER SUBJECT: AGENDA ITEM ~ 0 ~ . REGL~ARMEETING APRIL 2, 2002 ORDINANCE NO. 11.02 (REZONING ASSOCIATED WITH WASHINGTON MUTUAL BANK AND OTHER COMMERCIAL USES) DATE: MARCH 29, 2002 This is second reading and a quasi-judicial herd~ for Ordinance No. 11-02 which involves a vacant un- platted parcel of land totaling 2.067 acres located at the southwest comer of SE 5 TM Avenue (Southbound Federal Highway) and SE 10~ Street. The proposal is to amend the zoning desigmtion of the property from RT (Resort/Tourism) to PC (Private Commercial) to establish a new financial institution with drive-through facilities for Washington Mutual Bank and commercial space. Ordinance 11-02 was approved on first reading at the regularly scheduled City Commission meeting of March 19, 2002 based upon positive findings with respect to Claapter 3 (Performance Standards) of the Land Development Regulations O_DR), policies of the Comprehensive Plan, and LDR Section 2.4.5(12))(5). Recommend approval of Ordinance No. 11-02 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. S:\~tt'y (]~erk\CI-'IEVELLE FOLDER\agenda memos\Ord. 11.02.04.02.02 Rezomag Wash Mutual Bkdoc TO: THRU: FROM: DAVID~~DE~ANAGER .^u, SUBJECT: MEETING OF MARCH 19, 2002 ZONING CHANGE FROM RT (RESORT TOURISM) TO PC (PLANNED COMMERCIAL) FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF SE 5TM AVENUE (SOUTHBOUND FEDERAL HIGHWAY) AND SE 10TM STREET. The subject property is a vacant unplatted parcel containing 2.067 acres. At its meeting of July 26, 1988, the City Commission approved the Land Use Plan Amendment from MF-10 to Commercial, a rezoning from RM-10 to SAD, and the associated conditional use and site plan to construct a 97-room motel on the subject property. A site plan modification was later approved administratively to reduce the motel to 90 rooms. Subsequent to the site plan approval a plat was processed, but was not recorded and the motel was never constructed. The City Commission rezoned the property from SAD to RT (Resort/Tourism) as part of the citywide rezoning that occurred in October 1990. There has been no construction activity on the property. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of February 25, 2002, the Planning and Zoning Board held a public hearing in conjunction with the rezoning request. There were two people from the public that spoke. One person expressed a concern with respect to the traffic generation and the other person was concerned the zoning would allow objectionable uses such as cocktail lounges. After reviewing the staff report, considering the testimony, and discussing the proposal, the Board voted 6-0 to recommend approval, 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. By motion, approve on first reading the ordinance for a zoning designation change from RT (Resort Tourism) to PC (Planned Commercial) based on positive findings with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan. Attachments: P & Z Staff Report of February 25, 2002 ORDINANCE NO. 11-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RT (RESORT TOURISM) DISTRICT TO PC (PLANNED COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTHWEST CORNER OF SOUTHEAST 5TH AVENUE AND SOUTHEAST 10TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July, 2001, as being zoned RT (Resort Tourism) District; and WHEREAS, at its meeting of February 25, 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 6 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 COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of PC (Planned Commercial) District for the following described property: The West 152.89 feet of the South 330 feet of the North 1,155 feet of Lot 10, Block 1, Model Land Company Subdivision of Section 21, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida, less the North 33 feet thereof for Public Road right-of-way and utility purposes. Together With The East 150 feet of that part of the South one-half(S ½) of LOt 10, Block 1, of Model Land Company Subdivision of West half (W ½) of Section 21, Township 46 South, Range 43 East, as recorded in Plat Book 1 Page 128, Public Records of Palm Beach County, Florida, lying West of the Westerly right-of-way line of Southeast 5th Avenue (U.S. Highway No 1, South) as shown on State of Florida, State Road Department right-of-way map of Section 93010, Sheet 108, and north of the Westerly extension of the South line of Lot 25, Block 2, said Model Land Company Subdivision, less the North 25.00 feet thereof. Section 2. 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 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,200__. ATTEST M A Y O R City Clerk First Reading Second Reading 2 ORD NO. 11-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: February 25, 2002 IV.A. Rezoning from RT (Resort Tourism) to PC (Planned Commercial) for a 2.067 Acre Parcel of Land Located at the Southwest Comer of SE 5rn Avenue and SE 10t~ Street for a Proposed Washington Mutual Bank and Other Commercial Uses. GENERAL DATA: Owner ............................. Applicant/Agent .............. Location .......................... Property Size .................. Future Land Use Map ..... Current Zoning ............... Proposed Zoning .......... Adjacent Zoning .... North: East: South: West: Existing Land Use .......... Proposed Land Use ........ Water Service ................. Sewer Service ................ Charles V. Clement Stanely G. Hill Located on the southwest corner of Southeast 5th Avenue and Southeast 10t~ Street. 2.06 Acres GC (General Commercial) RT (Resort Tourism) PC (Planned Commercial) R-1-A (Single Family Residential) & GC (General Commercial). PC (Planned Commercial). POC (Planned Office Center) RM (Multiple Family Residential, Medium Density) Vacant Future site of Washington Mutual Bank, with additional commercial space. Connection via a 8' water main within S.E. 10t~ Street. Connection via a 10' sewer main within S.E. 10th St. " IV.A. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from RT (Resort Tourism) to PC (Planned Commercial) for Washington Mutual, pursuant to LDR Section 2.4.5(D). The subject property is located at the southwest corner of SE 5th Avenue (Southbound Federal Highway) and SE 10th Street. Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property is a vacant unplatted parcel containing 2.067 acres. In 1988, a Land Use Plan Amendment from MF-10 (Multi-Family - 10 units per acre) to C (Commercial), rezoning from RM-10 to GC (General Commercial), and an associated conditional use and site plan were processed to construct a 97-room motel on the subject property. At its meeting of June 28, 1988, the City Commission considered the FLUM amendment and rezoning. While the Planning and Zoning Board and staff supported the rezoning to GC, the City Commission rejected the rezoning to GC as there was a concem that a fast food restaurant, an allowed use in the GC zone district, could be developed on the property, which would be undesirable adjacent to the residential properties (to the north and west). Therefore, the City Commission recommended the applicant consider rezoning the property to SAD (Special Activities District) to ensure that the use of the property would be limited to a motel. At its meeting of July 26, 1988, the City Commission approved the Land Use Plan Amendment from MF-10 to Commercial, a rezoning from RM-10 to SAD, and the associated conditional use and site plan. A site plan modification was later approved administratively to reduce the motel to 90 rooms. Subsequent to the site plan approval a plat was processed, but was not recorded and the motel was never constructed. The City Commission rezoned the property from SAD to RT (Resort/Tourism) as part of the citywide rezoning that occurred in October 1990. There has been no development activity on the property. The proposal is to change the zoning designation of the property from RT to PC to establish a new financial institution with drive-through facilities for Washington Mutual and commercial space. P & Z Board Staff Report .. Rezoning from RT to PC for Washington Mutual Page 2 REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a General Commercial Future Land Use Map designation and is currently zoned RT (Resort Tourism). The proposed PC (Planned Commercial) zoning is consistent with the General Commercial Future Land Use Map designation. The proposed bank facility as well as the associated retail and offices are permitted uses in the PC zone district [ref. LDR Sections 4.4.12(B)(1) & 4.4.9(B)(1)-(5)]. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water & Sewer: Water service is available via a service lateral connection to the existing 8" water main along SE 10t~ Street. [:3 Sewer service is available via a service lateral connection to the existing 10" main along SE 5~ Avenue and SE 10t~ Street. The proposed development will accommodate uses of similar intensity as those allowed in the IRT zoning district and will have similar water consumption and sewer generation rates. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: With a rezoning request drainage plans are not required. The storm water retention will be reviewed during the site plan application process. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. P & Z Board Staff Report Rezoning from RT to PC for Washington Mutual Page 3 Traffic: The uses allowed under the existing RT zoning include uses allowed in the PC zone district. The proposed zoning is of similar intensity, therefore a potential increase in traffic is not anticipated from the rezoning action itself. As the intensity of uses within the RT and PC zoning districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan application, a traffic impact study is required. The traffic study must comply with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting traffic concurrency and the associated level of service standards. Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Solid Waste: Trash generated each year by the proposed commercial development under the proposed PC zone district will be comparable to that generated by the uses allowed under the RT zone district. The development of the property under the PC zone district should not create an adverse impact on this level of service standard. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective is noted. Future Land Use Element Obiective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Many of the uses allowed within the RT zoning district are allowed uses within the PC zoning district such as hotels, motels, and recreational uses. The proposed rezoning will allow the applicant to develop a bank and commercial tenant space on the property. The surrounding uses are single family and medical office to the north, offices to the south, retail (Walgreen's) and vacant to the east, and vacant residential property to the west. The proposed PC zoning designation is of similar intensity as the existing surrounding commercial uses. The proposed commercial designation is an appropriate zoning designation along an arterial road (Federal Highway). P & Z Board Staff Report .. Rezoning from RT to PC for Washington Mutual Page 4 Compatibility with respect to adjacent residential uses can be mitigated through additional buffering, which will be addressed at the site development plan stage. Section 3.2.2 (Standards for Rezoning Actions): Standard A, B, and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: (c) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed PC zoning is not considered strip commercial zoning. The site contains 2.067 acres and has a depth of over 250'. The property is to be developed as a plaza with a bank facility as well as retail and office space. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is bordered by the following zoning designations and uses: Direction Zoninq Uses North GC & R-1-A West RM South POC East PC Medical office & single family Vacant Professional offices Walgreen's & vacant (approved hotel) There are no major compatibility concems with the surrounding uses to the north, south and east. The PC zoning allows uses that are similar in intensity to other uses in this section of South Federal Highway. Rezoning the site to allow for its development will enhance adjacent uses. Compatibility will be further addressed with the site and development plan review. Compatibility with the residentially zoned properties to the north and west is a concern. However, the property to the west is currently vacant and contains a stand of Hurricane Pines, which is environmentally sensitive flora. The residential property to the north is separated from the subject property by SE 10M Street and there are existing regulations to mitigate any potential impacts on the residentially- zoned properties. Section 2.4.5¢D){5) {Rezoninq Findinqs}: Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: P & Z Board Staff Report Rezoning from RT to PC for Washington Mutual Page 5 ae That the zoning had previously been changed, or was originally established, in error; bm That there has been a change in circumstances which make the current zoning inappropriate; Ca That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood.. The applicant has submitted a justification statement which states the following: "l'he Future Land Use Map designates this property as General Commercial The proposed Planned Commercial Zoning is of similar intensity to this zoning. The parcel to the East of the subject property is zoned Planned Commercial (PC). The property to the South is zoned Planned Office Center (POC). The property to the North is zoned General Commercial (GC) and single family residential (R-l-A). Due to the surrounding Commercial zoning and identical zoning to the East, Planned Commercial zoning will match up well with the neighborhood and is, therefore, an appropriate zoning for this site. The Planned Commercial Zoning will ensure that this highly visible property will be attractively developed also." Comment: The basis for which the rezoning is being sought most closely relates to Item "c." As noted previously many of the uses allowed in the RT zoning district are also allowed in the PC zoning district. Since rezoning the property in 1990, a site plan was approved for a motel. However, the motel was never built and the property has remained vacant. The proposed rezoning to the PC zoning district will be of similar intensity to the RT zoning district and will provide flexibility to develop the property as a bank with commercial tenant space. Finally, the 2.067 acre parcel is not of sufficient size to accommodate several uses in the RT zoning district such as golf courses, conference facilities, auditoriums, and stadiums. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. Planned Commercial Purpose and Intent [LDR Section 4.4.12(A)]: Pursuant to LDR Section 4.4.12(A), the Planned Commercial (PC) District provides for retail, office, and other commercial activities to be established on large sites in a well planned, functional, and aesthetically pleasing manner. The PC District shall be applied to properties designated as commercial on the Future Land Use Map where the unified development is, or will be, in excess of 5 acres; or when it is appropriate to preserve the character of certain specialty retail and office centers; or to ensure that certain high visibility areas are attractively developed. P & Z Board Staff Report Rezoning from RT to PC for Washington Mutual Page 6 While the proposed rezoning involves less than 5 acres (2.067 acres), the proposed PC zoning will be applied at a high visibility area to ensure that development of the subject property will be compatible and consistent with the character of the surrounding area. Development Standards: Special Landscape Area: Pursuant to LDR Section 4.4.12(F)(1), within the first 10' of the front yard setback area (abutting the property line) full landscaping shall be provided. Driveways and sidewalks shall be accommodated only when generally perpendicular to the property line. This standard will be required along SE 5th Avenue (Southbound Federal Highway). Pursuant to LDR Section 4.3.4(H)(6)(b)(1), along Federal Highway, single frontage properties with a depth between 251' and 300' must provide a 20' landscape setback, from the ultimate right-of-way line of SE 5th Avenue. Minimum Floor Area: Pursuant to LDR Section 4.4.12(F)(2), any free-standing structure shall have a minimum floor area of 6,000 square feet; shall be architecturally compatible with other structures, shall take access from the interior circulation system of the development and shall be able to meet all code requirements if it were to situated on an out parcel. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: El PROD El President's Council [30sceola Park [3 Harbourside El Delray Harbour Club East El JMD Properties - Domaine Delray Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. P & Z Board Staff Report Rezoning from RT to PC for Washington Mutual Page 7 The rezoning from RT (Resort Tourism) to PC (Planned Commercial) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings are made in the staff report with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). The PC zoning is more appropriate zoning giving the land use pattern on Federal Highway and is appropriate to ensure a well planned development on a property with high visibility. A. Continue with direction. Bo Recommend approval of the rezoning request from RT to PC for Washington Mutual, 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(D)(5). Recommend denial of the rezoning request from RT to PC for Washington Mutual, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. Recommend to the City Commission approval of the rezoning from RT to PC for Washington Mutual, 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(D)(5). Attachments: Location/Zoning Map Boundary Survey This Staff Report was prepared by: Scott Pape, Senior Planner '/TH CHURCHILL CONDO T~ A~INO RO BAUHtNIA S W. lOTH CF ~LSON MH -- £LORANDA TRAILER ' $.15 12TH RD. PARK LEWS COVE. HARBOUR SIDE C THE PLAZA AT DELRA Y PC OLD HARBOUR PLAZA DC)MAINE DELRA Y TREE WLLAGE HARBOURS EDGE HARBOURS LINTON NATIONS BANK LINTON CEN CD BOULE ARD C~TY OF DEL.RAY BEACH, FL PLANNING ag ZONING DEPAR~IENT WASHINGTON MUTUAL - REZONING - FROM: RT (Resort Tourism) TO: PC (Planned Commercial) ---- O/G/TAL ~,45'E MAP SY$7:EM -- MAP RE3~. LM588 ,; NO / I CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING -APRIL 2~ 2002 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 8. CONSENT AGENDA Q. AWARD OF BIDS AND CONTRACTS: Lease award to PMI Imaging Systems of Florida, Inc. in the amount of $16,297.92 (Four (4) year lease) via the State of Florida SNAPS Agreement #25002202-2 for the upgrade of the Canofile Cannon DR-3020 Scanner (Police Mug System Scanner). Funding is available from 001- 2113-521-44.30 (Lease Equipment). Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor (~' Joseph ~ce Director April 01, 2002 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING MARCH 02, 2002 - APPROVAL FOR LEASE OF FIVE (5) STATION CANOFILE CANNON UPGRADE SCANNER FROM PMI IMAGING SYSTEMS OF FLORIDA INC. Item Before Commission: City Commission is requested to approve a four (4) year lease for the upgrade of the Canofile Cannon DR-3020 Scanner (Police Mug System Scanner) with PMI Imaging Systems of Florida Inc. for a total amount of $16,297.92. Background: The Police Department is requesting approval of requisition #95353 for a four (4) year lease for the replacement of the current Canofile imaging system for the Police Mug System which was approved in the fiscal budget for this year. This upgrade includes the Windows Version 2.51 (NT Compatible) five (5) user version. The upgrade is available from PMI Imaging Systems of Florida Inc. via the State of Florida SNAPS Agreement #25002202-2 for Imaging Systems, Optical and Micrographics per attached letter dated March 02, 2002 at $339.54 per month for forty-eight (48) months. The Administrative Services Director of the Delray Beach Police Department recommends approval for this four (4) year lease with PMI Imaging Systems of Florida Inc. After careful evaluation it was determined that the lease would be in the best interest of the City rather than purchasing the system and paying additional monies yearly for upgrades and software maintenance. Recommendation: Staff recommends approval for the four (4) year lease to PMI Imaging Systems of Florida Inc. for the total amount of $16,297.92 via the State of Florida SNAPS Agreement #25002202-2. Funding from account code 001-2113-521-44.30. Attachments: Copy of Requisition #95353 Letter from PMI Imaging Systems of Florida Inc. Q Q ~ o o H o o o o o o o o o o 00 00 o o c~ c~ o o o~ (Jo ~:o Og/2g/02 FRI 10:51 FA~ 9~4 9?8 6324 P~I I~AGING ~ 001 PMI IMAGING Systems of Flonda, Inc. March 27, 2002 Peggy Morri~ey Supervisor Delray Beach Police Department 300 West Atlantic Aver~ue Delray Beach, FL ~ Dear Peggy: We are sending you fnb ;attar to confirm that PM1 Imaging ~sterns o1' Floqda has o SNAPS contract with th® .qtote of Florida. Th~* ~NAPS contract number Is 280220201. We will non~r all SNA~ pricing as quoted to The Delra¥ Beach Pallce DepadTnent and listed on our SNA~ contract. Also, if yo~ declde fo a¢~"~pt the Canon Financial [easing op,,on anc~ oblcle by al: Terms anc~ Canclltlons, ~® monthly payments are $38%54 per month for 48 montt'~ A~uming all cenc![tlons of the l~ase agreement are met, 1he total CMmMLOlIVe cast with financing charges Is $16. 297.~2, you have any questions, please contact your local Account Manager, Grief KIrkpatrlclc Sincerely, ~ Gan/Schwartz Preslclent PMI Imaging Systems of Florlc~a, inc. I II PMI IMAGING Systems of Florid=, Inc. 21D0 Park Cenh*al BoulevcIrd, Norlh* Suite 3CIG,, Poml:)a~c~ Bec~ FL *,13064 Td: (9~1.) 978.9900 ~, fClx: C954) ¥78-63.24 4, Toll Free: t-JiQD..94~-D940 r) 1 ' 0 L~ Request to be placed on: X Consent Ager~da When: April 2, ~002 Description of agenda item DELRAY BEACH POI~ICI': I)EPT AGENDA ITEM NUMBER: AGENDA REQUEST Date: April 1, 2002 Special Agenda Workshop Agenda This request is for the lease of a five (5) station Canofile upgrade to our current system. This is a forty-eight (48) month lease for software and station connections, the lease will be for a total for $18,297.~._ .............. [~002 ORDINANCE/RESOLUTiON REQUIRED: Draft of Resolution Attached- Recommendation: Approval Department Head Signature,, YES NO X YES NO X Determination of Consi~ter~c¥ with Corn ' N/A City~,ttorn~Y RevieWlRecomme~t~ati'on (if applicable): N/A - a~c~-get oirectol: ~eview (required on all items i~volving expenditure of funds): Funding available' Funding alternatives (if applicable): Yes N/A Al;coHo! N[imbe, 001-2113-521-44.30 Account Descriptior,~ Lease Equipment Account Balance: $14,638.30 City Manager Review: Approved for A0enda Hold Until' No Agenda Coordinato~ Review: Received Actton Approved: Disapproved: P.O, #