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Agenda Reg 11-04-03 City of Delray Beach Regular Commission Meeting I ==:J RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesd'l)'. November 4. 2003 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this Commission Chambers section. Delray Beach City Hall B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons 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 PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Plorida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 prognun, or activity conducted by the City. Contact Doug Randolph at 243- Fax: (561) 243-3774 7127 (valee) or 243-7199 (IDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetines in the Commission Chambers. -- 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . October 21, 2003 - Regular Meeting 6. PROCLAMATIONS: A. Recognizing and commending Brittany Roxbury B. Recognizing Rainberry Bay's 25'" Anniversary C. "Keeping the Charm Month" - November 2003 7. PRESENTATIONS: A. "Spotlight on Education" - Judy Klinek, Director of Accelerated Academic Achievement (AAA) Plan B. Lights On After School Program - Joe Weldon 8. CONSENT AGENDA: City Manager Recommends Approval. A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of October 16, 2003. B. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD/RESOLUTION NO. 1-03: Approve South Central Regional Wastewater Treatment and Disposal Board's (SCRWID) Resolution No. 1-03 modifying Resolution No. 9-81 to allow SCRWID to retain the collected Sinking Fund user charges rather than distributing them to the Cities of Delray Beach and Boynton Beach. C. FINAL SUBDIVISION PLAT APPROVAL/HAMILTON PLACE: Approve the subdivision plat for Hamilton Place, located on the northeast comer of S.E. 6'" Avenue and S.E. 3'" Street D. FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/ HAMILTON PLACE: Authorize the City to act as the utility permit applicant for the construction of a water main extension within the state right-of-way (located at the northeast comer of S.E. 3'" Street and northbound Federal Highway) and approve a Hold Hannless Agreement with the developer (Savion Developers at Park Place, L.L.c.). 11-04-2003 - 2 - E. ACCEPTANCE OF EASEMENT DEED/LONE PINE ROAD: Approve and accept an easement deed between Fine Built Construction, Inc. and the City to allow for the extension of a water main onto Lone Pine Road, located west of Davis Road and just south of the northern City boundary. F. RESOLUTION NO. 74-03: Approve Resolution No. 74-03 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 2655 Dorson Way. G. RESOLUTION NO. 75-03: Approve Resolution No. 75-03 assessing costs for abatement action required to remove nuisances on twenty (20) properties throughout the City. H. RESOLUTION NO. 76-03: Approve Resolution No. 76-03 assessing costs for action necessary to remove junked and/or abandoned vehicles from five (5) properties within the City. I. CHANGE ORDER NO. l/FINAL PAYMENT/RPM GENERAL CONTRACTORS. INC.: Approve Change Order No.1 in the amount of a $310.36 decrease, and final payment in the amount of $4,545.69 to RPM General Contractors, Inc. for completion of the Pompey Park Interior Improvements Project. Funding is available from 334-4172-572-46.10 (General Construction Fund/Building Maintenance). J. SERVICE AUTHORIZATION NO. IS/MATHEWS CONSULTING. INC.: Approve Service Authorization No. 18 to Mathews Consulting, Inc. in the amount of $126,827.00 for engineeting design services regarding Area 1 of the City's reclaimed water system. Funding is available from 441-5181-536-65.96 (Reclaimed Water Transmission). K. RESOLUTION NO. 73-03: Approve Resolution No. 73-03 authorizing the City to purchase property for drainage retention located at Lot 14, Block B, Carver Memorial Park (N.W. 15th Avenue), and Contract for Sale and Purchase between the City and the Rufus Norman Estate in the amount of $17,597.00. L. SPECIAL EVENT REOUEST / ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the A venue scheduled for December 11, 2003 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 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 Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages. 11-04-2003 - 3 - ----- M. SPECIAL EVENT REOUEST 117'" ANNUAL TURKEY TROT: Approve a special event request to allow the 17'" Annual Turkey Trot to be held on Saturday, November 22, 2003 from 7:30 a.m. until approximately 8:30 a.m., including temporary use pennit per LDR Section 2.4.6(H) for the closure and use of A-I-A from Casurina to George Bush Boulevard and Casurina from Gleason to A-I-A from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for security and traffic control, barricade set-up/removal, trash removal and clean up, use of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian to A-I-A from 8:00 a.m. until approximately 10:00 a.m. N. CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an agreement between the City of Delray Beach and Chris Evert Charities, Inc. for the Chris Evert Pro-Celebrity Tennis Classic to be held at the Tennis Center on December 6-7, 2003. o. APPOINTMENT OF OUTSIDE COUNSEL ON CASES RELATING TO MATTERS RAISED IN HOFFERT AND OTHER RELATED CASES: City Attorney seeks approval for outside counsel on above named cases. P. DEVELOPER AGREEMENT /YORK BUILDERS. INC.: Approve an agreement between the City and York Builders, Inc. in the amount of $10,600.00 for roadway improvements in the 1000 Block of S.W. 8'" Avenue. Q. REOUEST FROM THE DELRAY BEACH GARLIC FESTIVAL: Approve a request from The Delray Beach Garlic Festival for the utilization of the parking lot owned by Dharma Holdings, LTD., located on Block 86 for a special event (Garlic Fest) to be held November 7, 2003 through November 9, 2003. R. PAYMENT OF RETAINAGE/FLORIDA BLACKTOP: Approve payment of retainage plus interest to Florida Blacktop, The final payment for the N.E.jN.W. project is $101,816.38; final payment for the S.E.jS.W. project is $28,254.54. S. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 20,2003 through October 31, 2003. T. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Mora Engineering Contractors, Inc. in the amount of $109,773.37 for the construction of approximately 1200 feet of 24 inch reclaimed water main along the west side of the LWDD E-4 Canal north of Atlantic Avenue. Funding is available from 441-5181-536-65.96 (Reclaimed Water Transmission). 2. Purchase award to R.B. Grove Inc. in the amount of $31,400.00 for a 100 KV A trailer mounted generator. Funding is available from 442-5178-536-64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment). 11-04-2003 - 4 - 3. Purchase award to IBM Business Partner, Midrange Support and Service, Inc. in the amount of $582,932.00 via State Contract #250-000-031 for the purchase of two (2) IBM iSeries Servers, Model 9406-810. Funding is available from 334- 6112-519-64.11 and 334-6112-519-66.10 (Repair and Replacement Fund). 9. REGULAR AGENDA: A. APPEAL OF ADMINISTRATIVE INTERPRETATION/ATLANTIC PALMS: Consider an appeal of an administrative interpretation regarding the direction to the Planning and Zoning Board that a site plan whether or not it meets the criteria under Section 4.4.6(1) should not be considered given the nature of the development proposal i.e.: a rezoning. (Quasi-Judicial Hearing) B. CONDITIONAL USE REOUEST /EXCEL RESTAURANT: Consider a request for conditional use approval to allow the establishment of a 24-Hour or Late Night Business to be located within 300 feet of residentially-zoned property for Excel Restaurant, to be located within the Linton Square Shopping Center at the northeast comer of Linton Boulevard and Congress Avenue. (Quasi-Judicial Hearing) C. REOUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to waive liens including the interest and administrative fees in the amount of $8,435.23 assessed for abating nuisances on property located on S.W. 7'" Avenue. D. SPECIAL EVENT REOUEST /CULTURAL LOOP: Consider approval for the establishment of the Cultural Loop, the Loop kick off day, and activities proposed for November 22, 2003 including waiver of LDR Section 4.6.7(L) to allow artwork to be hung on light poles, grant a temporary use permit per LDR Section 2.4.6(H) to allow the placement of art work in the City's right-of-way for up to six (6) months, and the use of the drainage retention area at S.W. 4'" A venue and S.W. 1" Street for the event day, and authorize amendment to our banner hanging agreement with FPL for hanging artwork on their light poles. Staff assistance is also requested for transport of art work, post hole digging, and hanging artwork. E. SETTLEMENT OF DEPARTMENT OF ENVIRONMENTAL PROTECTION (PEP) RULE CHAT.T .ENGE: Consider dropping the Department of Environmental Protection (DEP) rule challenge regarding Rate Making by Water Management Districts and accept the settlement language. F. PROPOSAL FOR SETTT .RMENT /IDA AND LOUIS BARTOLOTTA v. CITY OF DELRAY BEACH: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in the Ida and Louis Bartolotta v. City of Delray Beach case. Staff recommends acceptance. G. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for a four (4) year term ending October 27, 2007. Based on the rotation system, the appointment will be made by Commissioner Costin (Seat #1). 11-04-2003 - 5 - H. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) member to the Historic Preservation Board for an unexpired term ending August 31, 2005. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). I. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint (15) members and two (2) student members to the Neighborhood Advisory Council for specified expiration dates as listed in the backup material for this agenda item. The appointments will be made based on the rotation system with each Commissioner appointing three (3) members, beginning with Commissioner Costin. The two student members will be appointed by Commissioners Costin and Archer. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 41-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Chapter 2, "Administrative Provisions", of the Land Development Regulations by amending Section 2.4.6(H), "Temporary Use Permit" to add horse drawn carriage rides, ice skating rink, carousel and other related holiday/seasonal temporary uses authorized by the City Commission. B. ORDINANCE NO. 21-03: An ordinance amending Chapter 99, "Noise Control" of the City Code of Ordinances to clarify distance requirements for noise emanating from vehicles and buildings; and to provide a time limit on outdoor playing of musical instruments, phonographs and similar devices in residential zoning districts. C. ORDINANCE NO. 42-03 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Chapter 4, "Zoning Regulations", of the Land Development Regulations, Section 4.3.3(V) "Uses Involving Alcoholic Beverages" to provide for a definition of alcoholic beverage that is consistent with State Statutes and a distance limitation between Stand Alone Bars. If passed, a second public hearing will be scheduled for November 18, 2003. D. ORDINANCE NO. 43-03 (JlIRST READING/FIRST PUBLIC HEARING): An ordinance amending Chapter 4, "Zoning Regulations", of the Land Development Regulations, Section 4.3.3(AA) "Adult Entertainment Establishments" to amend the distance limitation between any adult entertainment establishment and alcoholic beverage establishment, If passed, a second public hearing will be scheduled for November 18, 2003. E. ORDINANCE NO. 44-03 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Chapter 113, "Alcoholic Beverages", of the City Code of Ordinances, Section 113.20 "Prohibition of Nudity, Partial Nudity and Sexual Conduct at Alcoholic Beverage Establishments" to change distance limitations and include Stand Alone Bars. If passed, a second public hearing will be scheduled for November 18, 2003. 11-04-2003 - 6 - 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 45-03: An ordinance rezoning from AC (Automotive Commercial) to GC (General Commercial) for a 0.73 acre parcel ofland located at the southwest comer of S.E. 6'" Avenue (northbound Federal Highway) and S.E. 9'" Street (550 S.E. 9'" Street). If passed, a quasi-judicial public hearing will be scheduled for November 18, 2003. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: OCTOBER 31, 2003 11-04-2003 - 7 - of, ~ CITY COMMISSION CITY OF DELRAY BEACH. FLORIDA REGULAR MEETING - TUESDAY . NOVEMBER 4. 2003 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9. REGULAR AGENDA: J. DIRECTION REGARDING THE RECREATION CENTERS. PARKS AND CULTURAL FACILITIES BOND ISSUE: Commission approval of support members of the community to promote the bond issue and direction regarding the translation of the ballot into Creole. ********************************************************************************* 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: MAYOR AND CIlY COMMISSIONERS FROM: CIlY MANAGERl1r'\ SUBJECT: AGENDA ITEM q J - REGULAR MEETING OF NOVEMBER 4. 2003 DIRECTION REGARDING THE RECREATION CENTERS. PARKS AND CULTURAL FACILITIES BOND ISSUE DATE: NOVEMBER 3, 2003 At the October 21, 2003 City Commission meeting, Commission approved Resolution No. 72-03 calling for and holding a bond referendum at a special election to be held on the 20'" day of January, 2004. In addition, a Steering Committee of former elected officials was appointed to promote the Recreation Centers, Parks and Cultural Facilities Bond issue. It was suggested that members of the community who are representative of the Youth Sports Leagues, Southwest Homeowners, Pompey Park, Haitian American Council, and other community leaders be contacted to serve as support members to promote this bond issue. Attached is a list of community leaders suggested by Mayor Perlman along with a list of people who participated in the Parks Master Plan process. Other Commissioners may have additional recommendations. I recommend that the Commission identify those people who could assist in promoting the bond issue. Letters will be sent out requesting their support. Also, a certified copy of Resolution No. 72-03 was provided to the Supervisor of Elections for processing of the bond issue ballot. At this time, it is estimated that translating the ballot into Creole will cost approximately $120 to $150 for the written translation which is approximately the same costs as the required Spanish translation. If the ballot questions are translated into Creole, we would then be required to have an audio ttanslation. It is uncertain what that cost of the audio ttanslation would be, however it is estimated to be in the same range as the written translation. Commission discretion is requested concerning the translation of the ballot questions into Creole, keeping in mind that this is not a requirement; however it is required by the Federal Government that all of Palm Beach County's ballots be translated into Spanish. Ref..Ajpnem0.20004 Bond Election.Auth.supenitorofElectiom.January 2004 -_.~ David & Sandy Henniger Mike Cruz Scott Christianson Debra Dowd Anne Gannon Shelly Weil Herb Levine Arthur Antin Mel Sackerow Gwelyn Dobson Carolyn Gholston Wilner Athaniste Bob Sparvero Joe Moore Tom Trento Nataliee Bamess Beth Johnson Steve Carline Terry Pfiel Greta Britt Ted Rundle - [IT' DF DELIA' BEA[H j ? 7603 OElRA Y BEACH . . 0 . I D .. tdtI'II AJl-AmericaClty 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000 , III I! 1993 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Focus Groups for Parks and Recreation Master Plan DATE: October 16, 2003 When discussing appointments to the Bond Steering Committee at the last City Commission meeting, Mayor Perlman asked about those who attended the focus groups and other meetings for the Parks and Recreation Master Plan. Following are the attendees: Youth Sports Leaques Focus Group Tim Stebbins - National Little League Mike Peterson - Delray Soccer Edwin Mars - American Little League Ben Leonard - Rocks Football Seniors Focus Group Dolores Carcaran Pat Asknon Bay Hinchliffe Betty Riccardelli Antonia vincente Bill Beneridge Youth Focus Group Delray Youth Council - 33 attendees Southwest Homeowners Meetinq Jayne King Marilyn Alford Alice Finst Cedric Ivery Josh Smith Alex Jenkins Henry Williams Wendell Ivy Tommy Stevens Venice Graham Sheri pittman Willie Potts Kathryn Knowles Dr. I. C. Spivey @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 2 Focus Group - Pompey Park Leonard Mitchell Dorothy Ellington Tony Durante Bill Condry Tommy Stevens Elizabeth Wesley Focus Group - Haitian American Council Sharon Hobarth Karlie Richardson Marie Yves-Snijek Claire Marseille Petersen Seraphin Southwest Presidents Association 11 attendees - names not available West Park Baptist Church Mr. and Mrs. A. R. Feldman Lori Durante Alice Finst Community Center Meetinq Carolyn Zimmerman Josh Smith Jeff Perlman Alice Finst Jon Levinson Henry Williams Delray Beach Library Marjorie Ferrer Jose and Janie Ramirez Judy Maase Barbara Jacques Rosemary Ronayne Jeff Borick Jeff Smith '\ U~ JoCtdon Director of Parks and Recreation JW:cp Ref:bondfocus OCTOBER 21. 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 21, 2003. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk 2. The opening prayer was delivered by Reverend William Quick, Ph.D., with the Federation of Christian Ministries. 3. The Pledge of Allegiance to the flag ofthe United States of America was given 4. AGENDA APPROVAL. Mayor Perlman noted a different funding account for Item 9.A., Florida Department of Transportation Joint Partnership Al!reement. In addition, Mayor Perlman stated staff is requesting Item 10.B., Ordinance No. 21-03 be postponed to a date certain of November 4, 2003. Mr. Levinson requested Item S.D., Al!reement/llorse Drawn Carrial!es. Inc. be moved to the Regular Agenda as Item 9.A.1. Ms. McCarthy moved to approve the agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. S. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of October 7, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -Yes; Mr. Costin- Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of October 14, Z003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recoenizine Buckv Dent's 25th Anniversarv Mayor Perlman read and presented a proclamation hereby honoring the Z5th Anniversary of BUCKY DENT'S childhood dream of one day hitting a home run and winning something. Bucky Dent came forward to accept his framed proclamation. 6.B. Delrav Beach Orchid Society's 13th Annual Show Mayor Perlman read and presented a proclamation hereby encouraging all citizens to attend and support the Delray Beach Orchid Society's 13th Annual Show "Orchid Odyssey" to be held at the Old School Square gymnasium on October 31st and November 1st and Znd, Z003. Julia Hamner came forward to accept the proclamation. 6.C. Honorine the School District of Palm Beach County and Superintendent Dr. Art Johnson Mayor Perlman read and presented a proclamation hereby extending appreciation to Dr. Art Jolmson, Superintendent of the School District of Palm Beach County. On behalf of Principals, Area Superintendents, and School personnel, Dr. Art Jolmson came forward to accept his framed proclamation and thanked the City of Delray Beach for recognizing them all. Mayor Perlman also acknowledged Carole Shetler, Area I Superintendent. Mayor Perlman presented individual proclamations to the Principals of Delray Beach Schools: . Atlantic High School- Kathleen Weigel . Banyan Creek Elementary School- William J. Fay, Jr. . Carver Middle School- Dr. Ian B. Saltzman . Delray Full Service Center - Ed Harris . Morikami Park Elementary School- Elizabeth Kennedy . Orchard View Elementary School- Carol Crilley . Pine Grove Elementary School- Linda Cartlidge . Plumosa Elementary School- Sandi Brynes . S.D. Spady Elementary School- Martha O'Hare . Village Academy Elementary School- Tammy Ferguson -Z- 10/21/03 7. PRESENTATIONS: 7.A. Delrav Beach Cultural LOOD - Glen Weiss Glen Weiss, 2070 Homewood Boulevard, Delray Beach, Consultant in Public ArtIDelray Beach Cultural Loop, gave a brief presentation regarding the status of the Cultural Loop and requested authorizing from the Commission to sponsor an event on November 22, 2003. Mr. Weiss stated the Palm Beach Cultural Council provided a grant of $15,000, the National Endownment for the Arts provided $35,000 and the State of Florida $4,000 to the project. Mr. Weiss stated history is a significant element of the Cultural Loop which needs to be featured and prominent. Mr. Weiss stated they are one of the 40 events that the FLA USA promoted nationally as a Florida event for this fall and they will be featured in the National Main Street Magazine in November. Lori Durante, 4165 N.W. lOth Street, Delray Beach, Project Manager for the Delray Beach Cultural Loop, stated there are 12 designated pickup and drop-off sites along the cultural loop street boundaries and volunteer history tour guides will be on the bus who will talk about points of interest. Mrs. Durante stated the events committee has been working on planning the various activities that will take place throughout the day which will include the Cultural Loop Marketplace located at the Old School Square and she invited the Commission to attend the ribbon cutting ceremony for the Cultural Loop on November 22, 2003 at 9:00 a.m. Robert A. Barcinski, Assistant City Manager, stated staff will come back to the Commission on November 4, 2003 to get authority to place the artwork in the right-of-way areas and on some City property. Mr. Barcinski stated the LDR's do not permit placing the artwork on the light poles and Mr. Weiss would have to get permission from FPL to do this. The Commission could waive this if they so choose and it is anticipated the artwork will be up for approximately six months. 7.B. Downtown Master Plan Marketinl! UDdate Kathy Koch, Consultant with Ambit Marketing, gave a brief update of the Downtown Master Plan and stated in November they are kicking off "Keeping the Charm" month. Mrs. Koch stated every weekend that there is an event in Delray Beach there is going to be visibility for the Downtown Master Plan which will begin November I, 2003 with the trick- or-treating along Atlantic Avenue. Mrs. Koch continued to state each week volunteers and merchants will be wearing t-shirts with a logo to inform citizens of the vision for Delray Beach. In addition, Mrs. Koch stated on November 6, 2003 they are inviting the clergy to a dinner which will be held at 8t. Paul's Episcopal Church. Mrs. Koch stated their goal is to help as many people as possible understand why the Downtown Master Plan is so great. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF EASEMENT DEEDITHE COLONY AT DELRAY: Approve and accept an easement deed from The Colony At Delray granting to the City the -3- 10/21/03 means to allow utilities from Bexley Park to connect to an existing lift station located in "The Colony" development. 8.B. ACCEPTANCE OF HOLD HARMLESS AGREEMENT/GARRETT AND GINA BENDER: Approve and accept a hold harmless agreement between the City and Garrett and Gina Bender for the installation of a private dock onto a portion of seawall that abuts the Island Drive bridge. 8.C. SPECIAL EVENT REOUESTIHOLIDAY PAGEANT PARADE: Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 13, 2003 beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to N.W. 1st Avenue and Miramar and Lowery for parade set up from approximately 4:00 p.m. to 7:30 p.m., and authorize staff support for traffic control and security, EMS assistance, barricade set- up/removal, trash removal and clean up, and processing ofthe FDOT permit. 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1. 8.E. LICENSE AGREEMENT/SESAC: Consider approval of the proposed music performance license agreement with SESAC in the amount of $650.00. Funding is available from 001-1802-512-34.90 (General Fund/Other Contractual Services). 8.F. REVISED SPECIAL EVENT REOUEST/THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER. INC.: Approve a revised request from the Friends of the Sandoway House, Inc. to change the tent location for their Gala to be held on November 22, 2003 from the east half of the Ingraham lot to the south side of the Sandoway lot from 5:00 p.m. Thursday, November 20, 2003 through Monday, November 24, 2003. Staff recommends approval of the revised request from 7:00 a.m. Friday, November 21, 2003 through noon on Monday, November 24, 2003. 8.G. INDEPENDENT CONTRACTOR AGREEMENT/THE ARC: Approve an independent contractor agreement between the City and The ARC for a trained inclusion specialist for a special needs child in our Out of School program in the approximate amount of $15,012.00. Funding is available from 001-4105-572-34.90 (General Fund/Other Contractual Services). 8.H. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for two (2) eligible applicants/families in the amount of $13,500.00 for 1650 N.W. 18th Avenue #204 and $19,238.00 for new construction on S.W. 6th Avenue. This brings the number to 155 homeowners assisted under the Renaissance Program. Funding is available from 118- 1924-554-49.20 (Home Owner Subsidy). 8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 6, 2003 through October 17, 2003. -4- 10/21/03 S.J. AWARD OF BIDS AND CONTRACTS: 1:. Bid award to Vila & Sons Landscaping Corporation in the amount of $49,800.72 for the irrigation and landscape improvements to three (3) medians on Federal Highway and Linton Boulevard. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping/Beautification). 2. Bid award to various vendors for pipe fittings at an annual cost of $159,411.91. Funding is available from various departmental operating budgets. Mr. Costin moved to approve the Consent Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.1. AGREEMENTIHORSE DRAWN CARRIAGES. INC.: Consider approval of an agreement between the City and Horse Drawn Carriages, Inc. to provide horse and carriage rides along Atlantic Avenue as specified from November 21,2003 through January I, 2004 from 6:00 p.m. until 12:00 a.m.; contingent on the approval of the proposed Ordinance No. 41-03 amending Section 2.4.6(H) Temporary Use Permits. Mr. Levinson stated after speaking with MaIjorie Ferrer currently the ending date is January 1, 2004, and the Downtown Joint Venture would prefer to end the carriage rides on Sunday (January 4, 2004). The City Attorney stated the agreement can be amended to reflect this date. Mr. Levinson moved to approve the amended agreement between the City and Horse Drawn Carriages, Inc. to provide horse and carriage ridges along Atlantic Avenue from November 21, 2003 through January 4, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.A. FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTNERSHIP AGREEMENT: Approve a Joint Partnership Agreement (JPA) with the Florida Department of Transportation (FDOT) for the reimbursement of funds to the City in the amount of $40,000.00 for the irrigation and landscaping of three (3) medians on Federal Highway from 1200 feet south to 1500 feet north of Linton Boulevard. Funding is available from 119-4151-572-46.40 (Beautification Trust Fund/Beautification Maintenance). The City Manager informed the Commission that we finally received the agreement with FDOT in the amount of $40,000 for the irrigation and landscaping of the medians on Federal Highway (north and south of Linton Boulevard). Staff recommends approval. -5- 10/21 /03 Mr. Levinson moved to approve the Joint Partnership Agreement (JPA) with the Florida Department of Transportation (FDOT), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.B. REJECTION OF RESPONSESIWRECKER TOWING SERVICES: Consider rejection of all responses received for the Request for Proposal #2003-46 for Wrecker Towing Services for the Police Department due to the need to clarify and better define language in the detailed specifications, and authorize staff to re-advertise. The City Manager stated the Commission is requested to reject the former bids for towing services since the original bid did not clarifY the difference between a class "B" wrecker and a class "A". Secondly, the City Manager stated the way the matrix was laid out it showed "located within the City limits" as one of the criteria. However, the City Manager stated they had to be within a certain radius but not necessarily within the City limits. Staff recommends rejecting all bids and re-bid to take care of this issue. Mr. Costin moved to approve the rejection of all responses received for the Request for Proposal #2003-46 for Wrecker Towing Services for the Police Department and authorize staff to re-advertise, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -Yes. Said motion passed with a 5 to 0 vote. 9.C. POLICY ON MUNICIPAL LIEN REDUCTIONS: Approve the proposed policy governing the granting of municipal lien reductions associated with the construction of single family homes in the City. The City Manager stated all the issues raised at the Workshop meeting regarding the policy on municipal lien reductions have been addressed. Ms. McCarthy moved to approve the Policy on Municipal Lien reductions, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.D. SEAWALL PROJECT/CUSTOM BUILT MARINE CONSTRUCTION: Approve a contract between the City of Delray Beach and Custom Built Marine Construction in the amount of $139,649.06 for the replacement the existing seawalls at S.E. 3rd Street and N.E. 4th Street and replacement of the ninety (90) foot and 140 foot wood docks at Veteran's Park. Funding is available from 448-5461-538-65.66 (Storm Water Utility FundIN.E. 4th Street - Seawall) and 001-4126-572-46.90 (Parks & Recreation/Other Repair/Maintenance Costs). Richard Hasko, Director of Environmental Services, stated staff recommends awarding the contract to Custom Built Marine Construction in the amount of $139,649.06. Mr. Hasko stated the scope of this project is to demolish and reconstruct the seawalls at S.E. 3'd Street and N.E. 4th Street as well as replacement ofthe wood docks at Veteran's Park. -6- 10/21/03 ~---- - Mr. Levinson suggested that staff consider one ofthe composite materials because he feels this may be more durable than lumber. Mr. Costin echoed comments expressed by Commissioner Levinson and suggested this be considered for future proj ects. Mr. Costin moved to approve the seawall project between the City of Delray Beach and Custom Built Marine Construction, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman- Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. ACCEPTANCE OF SETTLEMENT/TYLKE v. CITY: Consider acceptance of settlement payable as follows: $35,000.00 due on November 4, 2003 and $10,000.00 payable within ninety (90) days subject to the receipt of an agreement and acceptable releases in the Tylke v. City of Delray Beach case. Staff recommends acceptance. The City Attorney stated the City Commission directed staff to make a counter offer in the amount of $45,000, which was accepted. The Plaintiff has accepted the offer payable as follows: $35,000 due on November 4, 2003 and $10,000 payable within ninety (90) days. Staff recommends acceptance of the settlement. Mr. Levinson moved to approve the settlement offer and the acceptance of the agreement in the Tylke v. City of Delray Beach case, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.F. RESOLUTION NO. 72-03: Approve Resolution No. 72-03 providing for the issuance of General Obligation Bonds for the purpose of financing Recreation Centers, Parks and Cultural Facilities. The caption of Resolution No. 72-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING THE (A) ACQUISITION OF LAND, THE CONSTRUCTION AND EQUIPPING OF UP TO THREE NEW NEIGHBORHOOD PARKS, THE CONSTRUCTION AND EQUIPPING OF A SOCCER COMPLEX; THE CONSTRUCTION, RECONSTRUCTION AND EQUIPPING OF CERTAIN EXISTING PARKS THROUGHOUT THE CITY IN THE PRINCIPAL AMOUNT NOT EXCEEDING $9,000,000; (B) ACQUISITION OF LAND, THE CONSTRUCTION AND EQUIPPING OF A NEW RECREATION CENTER IN THE WESTERN AREA OF THE CITY, AND THE CONSTRUCTION ANDIOR RE- CONSTRUCTION OF IMPROVEMENTS TO AND -7- 10/21103 ____n___ ------ - EQUIPPING OF CERTAIN EXISTING RECREATION CENTERS IN THE PRINCIPAL AMOUNT NOT EXCEEDING $7,000,000; (C) ACQUISITION OF LAND, CONSTRUCTION OF A PARKING GARAGE AND OTHER CAPITAL IMPROVEMENTS, AS PART OF THE EXPANSION OF OLD SCHOOL SQUARE, IN THE PRINCIPAL AMOUNT NOT EXCEEDING $7,000,000 AND (D) ACQUISITION OF FURNlSHINGS AND FIXTURES FOR THE NEW LffiRARY IN THE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000; CALLING FOR A BOND REFERENDUM OF THE QUALIFIED VOTERS IN THE CITY OF DELRA Y BEACH TO BE HELD JANUARY 20, 2004, AS TO WHETHER GENERAL OBLIGATION BONDS FOR SUCH PROJECTS SHOULD BE ISSUED; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 72-03 is on file in the City Clerk's Office.) The City Attorney stated the questions that are in this fifth draft of Resolution No. 72-03 are in compliance with regard to the word count requirements including the translation in Spanish. Mrs. Archer moved to approve Resolution No. 72-03, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - 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, 2005. Mr. Levinson moved to approve the ratification of various appointments to the Kids and Cops Committee for a two year term ending November 30, 2005, as presented in the agenda backup, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.H. STEERING COMMITTEE: Appoint promotional steering committee for Recreation Centers, Parks and Cultural Facilities Bond issue. Mr. Levinson moved to appoint the former elected officials as listed in Exhibit "A" in the agenda backup to serve on the promotional Steering Committee for the Recreation Centers, Parks and Cultural Facilities Bond issue, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. -8- 10/21/03 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 41-03 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 2.4.6(H), "Temporary Use Permit" to add horse drawn carriage rides, ice skating rink, carousel and other related holiday/seasonal temporary uses authorized by the City Commission. Ifpassed, a second public hearing will be scheduled for November 4, 2003. The caption of Ordinance No. 41-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS", PARAGRAPH (H), "TEMPORARY USE PERMIT", TO ADD HORSE DRAWN CARRIAGE RIDES, ICE SKATING RINK, CAROUSEL AND OTHER RELATED HOLIDAY/SEASONAL TEMPORARY USES AUTHORIZED BY THE CITY COMMISSION; BY ADDING A NEW SUB- PARAGRAPH (D) TO PROVIDE THAT THESE USES BE SPONSORED BY THE CITY, COMMUNITY REDEVELOPMENT AGENCY, THE DOWNTOWN JOINT VENTURE, OR OTHER AGENCY FORMULATED FOR ECONOMIC DEVELOPMENT PURPOSES AND PROVIDING THAT THE OWNER OR OPERATOR OF CARRIAGE RIDES MUST HAVE A LICENSE AGREEMENT APPROVED BY THE CITY COMMISSION; RELETTERING THE REMAINING SUB- PARAGRAPH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-03 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the LDR amendment adds "Horse Drawn Carriage Ridges, Ice Skating Rink, Carousel, and Other Related Holiday, Seasonal/Temporary Uses" as one of the temporary use categories allowed under LDR Section 2.4.6(H)(8). The amendment further imposes regulations and restrictions requiring those uses to be sponsored by the City, Community Redevelopment Agency, the Downtown Joint Venture or other agency which is formulated for the purposes of economic development as approved by the City Commission. -9- 10/21/03 At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing regarding this item and unanimously recommended approval (4-0). Mayor Pearlman declared the public hearing open. Rebecca Learman, Horse Drawn Carriages, Inc. (West Palm Beach), stated as owner/operator this is a wonderful addition to any downtown and she hopes to be able to work in the City of Delray more often than just for the holiday events. There being no one else who wished to address the Commission regarding Ordinance No. 41-03, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 41-03 on First ReadinglFirst Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 21-03: An ordinance amending Chapter 99, "Noise Control" of the City Code of Ordinances to clarify distance requirements for noise emanating from vehicles and buildings; and to provide a time limit on outdoor playing of musical instruments, phonographs and similar devices in residential zoning districts. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 21-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 99, "NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, SECTION 99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED; EXEMPTIONS", BY AMENDING SUBSECTION 99.04(A)(I), "NOISE FOR ENTERTAINMENT PURPOSES", TO CLARIFY CERTAIN DISTANCE REQUIREMENTS FOR NOISE EMANATING FROM VEHICLES AND BUILDINGS AND PROVIDING THAT THE OUTDOOR PLAYING OF MUSICAL OR SIMILAR INSTRUMENTS IS PROHIBITED DURING CERTAIN TIME PERIODS; BY REPEALING SUBSECTION 99.04(A)(19), "OUTDOOR PLAYING OF MUSICAL INSTRUMENTS, PHONOGRAPHS AND SIMILAR DEVICES"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-03 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. -10- 10/21/03 The City Attorney stated the public hearing of Ordinance No. 21-03 has been postponed to a date certain of November 4, 2003. Ms. McCarthy moved to approve postponement of Ordinance No. 21-03 to a date certain of November 4,2003, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 40-03: An ordinance amending Chapter 32, "Departments, Boards and Commissions" of the City Code of Ordinances by amending Section 32.08 "Length of Terms; Restrictions", Subsection (E), to allow a member of a City Board to also serve on the Neighborhood Advisory Council. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 40-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", SUBHEADING, "ADVISORY BOARDS AND COMMITTEES", SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS", SUBSECTION (E), TO PROVIDE FOR AN ADDITIONAL EXCEPTION TO THE PROHIBITION ON CONCURRENT SERVICE ON ADVISORY BOARDS OR COMMITTEES, ALLOWING MEMBERS TO SERVE ON AN ADVISORY BOARD AND THE NEIGHBORHOOD ADVISORY COUNCIL AND TO CORRECT GRAMMATICAL ERRORS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 40-03 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Pearlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 40-03, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 40-03 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. -11- 10/21/03 .~ At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11. COMMENTS AND INOUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC REGULAR CITY COMMISSION MEETING OCTOBER 21, 2003 11.A. City Manal!er's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. 11.B.1. Charlotte Wril!ht. 802 N.W. 2nd Street. Delrav Beach, expressed concern over water drains, properties with code violations, and a security system for our school children. Ms. Wright stated early in the morning children run to catch the school bus and are in danger of automobiles that do not stop. Ms. Wright urged the Commission to provide some kind of security system in the area and stated the children are in danger of being injured. With regard to the water drains, Ms. Wright stated every time it rains the area floods due to the poor drainage, she would like the City to investigate. Ms. Wright stated there are some properties that are full of trash (809 N.W. 2nd Street & NW 8th Avenue) and code violations. She suggested that the Code Enforcement division address this issue immediately. 11.B.2. Alice Finst, 707 Place Tavant. Delrav Beach, expressed concern over Bright Park and stated she was told she can expect the park to be pressured cleaned every six months. Mrs. Finst suggested that some colorful flowers be planted between now and the opening of the Cultural Loop in November to help make the appearance of the park more cheerful. Secondly, Mrs. Finst expressed concern over the traffic on Barwick Road and Atlantic A venue at the location of the gas station called "The One Stop". Mrs. Finst stated she was driving down Barwick Road this morning heading towards Atlantic Avenue and there was a car driving directly towards her going the wrong way. Mrs. Finst stated the intersection is very confusing coming off Atlantic Avenue because of the way it is striped. The problem is arising from the lack of control of vehicles coming out of "The One Stop" cutting across one, or two, or three lanes of traffic. Compounding this in the afternoon, there are school buses with the parent pickup and stated this is a very scary situation. Mrs. Finst asked the Commission to look into this issue and suggested that something as simple as putting up plastic pegs in the street to direct the people out of the gas station. Mrs. Finst stated as it stands now people are coming out of the gas station and cut across the traffic lanes and commented this is a very dangerous situation. Mrs. Finst stated Barwick Road is a very dangerous road with no speed control and marginal direction as to how to travel coming in and going out of the Atlantic Avenue area. -12- 10/21/03 11.B.3. Gerrv Franciosa. 939 Eve Street. Delrav Beach. stated he attended a PROD breakfast this morning where Ivan Ladizinsky, Public Information Officer, gave a speech. Mr. Franciosa stated Mr. Ladizinsky's speech was very informative and everyone was delighted. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: None. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INOUlRIES ON NON-AGENDA ITEMS. 13.A. City Manal!er. The City Manager stated with regard to the Palm Beach County League of Cities meeting of the general membership is tomorrow. He indicated prior to that meeting at 9:00 a.m. the Palm Beach County Fire Rescue Ad Hoc Committee is meeting to continue working on the first/closest response and dispatch issue. The County Commission level of service workshop meeting is still scheduled for November 28,2003. The City Manager stated there will be another workshop on December 9, 2003 at 10:30 a.m. regarding the common dispatch and closest unit response issues. The City Manager stated Bob Bloomquist was reappointed to the Criminal Justice Committee representing the Palm Beach County League of Cities. With regard to a concern expressed by the Commission about new sidewalk cafes, the City Manager stated any requests for new sidewalk cafes are handled through the formal application process and reviewed by Engineering. However, new restaurants are handled through the site plan review and approval process. In most instances, the City Manager stated establishing a sidewalk cafe does not trigger additional parking requirements. The sidewalk cafe ordinance is being revised, and staff expects to have it before the Planning and Zoning Board in November; then the ordinance would come before the City Commission. The revised ordinance does address and strengthen the requirement to maintain the five foot pedestrian access, requirements for pressure cleaning, and an annual renewal fee based on the number of tables approved within the designated area for each cafe. With regard to the water in the alley behind City Oyster and Brn's, the City Manager stated the City is currently advertising bids for miscellaneous drainage projects including the intersection of S.E. 10th Street and Old Dixie Highway and this particular alley. There is a chronic problem with water running down the alley and standing in the Pineapple Grove pedestrian crossing. There have also been issues from time to time with the restaurant staff using the delivery area as a can wash down area. Alley drainage improvements will include -13- 10/21/03 replacement of an existing open bottom inlet with a type "C" structure and extension of a drainage line westerly connecting to the existing system and N.E. 2nd Avenue. An additional inlet will be placed to intercept water running from the delivery area behind the restaurants. All structures in the alley will be fitted with pollution retardant devices. Our Industrial Pretreatment Program staff will monitor the facility for evidence of continued wash down and kitchen and food preparation in the delivery area. If necessary, the City will require a curbing to be extended across the delivery area with a drain and an appropriate grease trap installed to prevent the continued surface contamination in the alley way. 13.B. City Attornev. The City Attorney had no comments or inquiries on non-agenda items. B.C. City Commission. 13.C.I. Commissioner Levinson Mr. Levinson stated he appreciates the skate park update. Mr. Levinson stated he would hope when a relatively small project such as this one begins that there is better planning. Mr. Levinson stated in the future we can try to make sure the project can be completed in a timely fashion. Secondly, Mr. Levinson stated he feels it is terrific to have received a letter from Mr. Steven Block from Security Self Storage. Mr. Levinson stated this is a typical resident who expects that other people should do things for the community and commented Mr. Block stated after participating in "Walk Our Children to School Day" he is now going to get more involved because he realizes he needs to carry some of the load too. Contrary to that letter, Mr. Levinson stated he received another letter that was full of misinformation making significant accusations that were untrue and the individual not only did not sign the letter but did not put a return address and expressed his disappointment since he could not respond and inform this person of the correct information. Mr. Levinson stated Mayor Perlman's speech at the unveiling of C. Spencer Pompey's bust was spectacular and Bill Wood did a wonderful job singing. Mr. Levinson reminded everyone of the "Board and Committee Appreciation Reception" which will be held on Monday, October 27,2003 from 5:30 p.m. to 7:00 p.m. at Old School Square with dinner following the reception with a member of the Commission. Mr. Levinson stated on Tuesday, October 28,2003 at 7:00 p.m. the Chamber of Commerce will hold a meeting to discuss the A-l-A project at Old School Square. -14- 10/21/03 13.C.2. Commissioner McCarthv Ms. McCarthy stated the group she was with for "Walk Our Children to School Day" was the owner of a storage unit facility who wrote a letter stating it was a wonderful experience. He stated he is now much more aware of situations that he was not previously aware of since he rarely walks in the City. Ms. McCarthy gave special recognition to the staff at Fire Station No.5 because she was walking in the area at approximately 9:33 p.m. one evening when the alarm went off. Ms. McCarthy stated within moments the firefighters' were in their trucks and on their way. Ms. McCarthy stated she would not support anything that would interfere with their response time because she feels now it is phenomenal. 13.C.3. Commissioner Costin Mr. Costin stated as a child he remembers going to Fenway Park and seeing the great Ted Williams play. Mr. Costin stated this was always a profound experience. Secondly, Mr. Costin asked the City Manager to have Nancy Davila, City Horticulturist check on the trees that are being planted on Lake Ida Road they do not look like they will survive. 13.CA. Commissioner Archer Mrs. Archer concurred with comments expressed by Mrs. Finst and stated people do pull out of the gas station (located at the northwest comer of Barwick Road and Military Trail across from Carver Middle School) cut across lanes of traffic to go north on Barwick Road. Mrs. Archer suggested prohibiting a left-hand turn out of that area especially during high peak times (i.e. the morning and when the children come out of school) because she feels this could be a serious problem. Secondly, Mrs. Archer reported the Drug Task Force is working with the South County Recovery Resident's Association and they are planning a workshop in January to educate landlords on how to operate effective recovery residents' facilities. Mrs. Archer stated they are going to have representatives there from DAF, Fire Rescue Department, Police Department, Code Enforcement, and it is hopeful that the new Rental Specialist will be there as well to provide general information to meet the City regulations to operate effectively. After the workshop meeting in January, Mrs. Archer stated the Police Department will be working with Code Enforcement very closely to require that they come into compliance. 13.C.S. Mavor Perlman Mayor Perlman stated he is glad Mrs. Archer is working with the Drug Task Force because as he makes his way around the community with Mayor's meetings and associations this is a front burner issue in neighborhoods citywide. Mayor Perlman stated he -15- t 0/21/03 spoke with Chief Schroeder and the Police Department is working on a number of innovative things along those lines. Secondly, Mayor Perlman stated he had a chance to host a group of approximately thirty people from Leesburg, Florida last week at the Sundy House. Mayor Perlman stated they took a tour throughout the City and stayed overnight at the Colony Hotel. Mayor Perlman thanked City staff for their participation and stated the Leesburg folks were very impressed with the downtown housing and the amount of activity on Atlantic Avenue. Mayor Perlman stated he will be leaving tomorrow morning for the Florida Redevelopment Association Conference in Tampa and he was given the honor of speaking at one of the programs on downtown activities and the issue of density. Mayor Perlman stated they did the walk-a-thon for the NCCJ (National Conference for Community and Justice) sponsored by Office Depot. Mayor Perlman stated he had the opportunity to spend some time with Bruce Nelson (CEO of Office Depot) who would like to bring the walk-a-thon to his campus in Delray Beach next year. Mayor Perlman commented about the fashion show and stated Art & Jazz was a terrific night. Mayor Perlman stated he turned on his radio and on 850 am and he felt as though he was listening to a Delray Beach radio station because every story was about activities in Delray Beach. Mayor Perlman commented about Florida City Government Week and stated he and some City staff hosted a student for the day. Mayor Perlman stated he had the opportunity to go back to Plumosa Elementary School this morning to give those students that were not chosen to participate, a certificate of appreciation. Nancy King, Staff AssistantlPublication Editor provided stickers and other City items to these students. Mayor Perlman recognized and commended Nancy King for her efforts. Mayor Perlman stated he too received a copy of the letter Mr. Levinson referred to earlier and commented when a letter is not signed by someone in his opinion it has no credibility. Mayor Perlman thanked Commissioner Levinson and his wife Lori for hosting a great event Saturday evening at their home. Mayor Perlman stated the trees on AlA (from Linton Boulevard south to the Highland Beach line) look beautiful. This is part ofthe Beautification Program. Mayor Perlman stated on October 31, 2003 Addie Greene is hosting a tour through her district and she has invited the Mayors from the cities she represents to attend and focus on three projects in their district. Mayor Perlman stated he chose a general tour of the SouthWest section and NW/SW 5th Avenue. Mayor Perlman stated he is looking for a third project. All seven County Commissioners will be attending. The City Manager recommended the Catherine Strong Center. -16- 10/21 /03 Mayor Perlman congratulated Jeff Costello, Assistant Planning Director, whose wife gave birth to their second baby boy. With regard to the C. Spencer Pompey bust unveiling last Friday evening, Mayor Perlman stated the ceremony was incredible. Mayor Perlman stated there was standing room only and the feeling in the room was overwhelming. Mayor Perlman stated Mrs. Pompey's speech was incredible and he commended Sharon Wood for ajob well done. Mayor Perlman stated on Thursday, October 30th at 7:45 a.m. there will be a meeting at the Delray Beach Golf Course to discuss the Downtown Master Plan and the realignment of Federal Highway. In addition, Mayor Perlman announced on Friday, October 31, 2003 (Halloween) the Commission will be riding on the fire trucks through neighborhoods throughout the community which is a tradition ChiefKoen started a few years ago. There being no further business, Mayor Perlman declared the meeting adjourned at 7:35 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on October 21, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -17- 10/21/03 OJ( ~ WHEREAS, Brittany E. Roxbury, is a nine year old fourth grade student attending Plumosa Elementary School in Delray Beach, Florida; and WHEREAS, Brittany is in the gifted program and has been on the Honor Roll for the 2001-2002 and 2002-2003 school years and is a leader in the classroom. She is a motivated learner, academically advanced and her favorite subjects are Science, Reading and Math; and WHEREAS, Brittany is a member of the Boynton Beach track team and competes in the Amateur Athletic Union (AAU), one of the largest, non-profrt, volunteer sports organizations in the Unned States which is dedicated exclusively to the promotion and development of amateur sports and physical fitness programs; and WHEREAS, Brittany traveled to Detroit in August, 2003 and eamed her current title as the National 2003 AAU Junior Olympic Games Champion in the Shot Put throw for her division, ages 7-13. Her record is 25.425 feet and she was also the 2002 National Champion in this event; and WHEREAS, Brittany attends several meets per year, first competing locally in such cities as Deerfield Beach, Pompano Beach, West Palm Beach and Miami and traveling as far as California, New York, Maryland and Michigan; and WHEREAS, Brittany is involved in many organizations such as Youth Usher and the Girls Club at the Church of God, and the Girl Scout Brownies; and WHEREAS, Brittany is an excellent role model for her athletic and academic achievements. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend BRITTANY E. ROXBURY on her many accomplishments and congratulate her on becoming the National 2003 AAU Junior Olympic Games Champion. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida to be affixed this 4"' day of November, 2003. JEFF PERLMAN MAYOR ~A Df< tIf1 WHEREAS, in September 2003, Rainberry Bay was 25 years old and the first residents were Elynore and Bob Golden; and WHEREAS, Rainberry Bay is an active gated adult community located on Lake Ida Road, between Congress and Barwick Avenues. There are 901 unns in their planned unit development, with a population of approximately 1,600 people; and WHEREAS, Rainberry Bay facilities include a clubhouse, state of the art theater, twelve (12) Har-Tru tennis courts, and five (5) pools, and residents can enjoy many activities including classes, lectures, water exercise, tennis and bridge. Rainberry Bay's clubs include the Women's Club, Men's Club, Solo Club, Bicycle Club, Tennis Club and Fitness Club. They have special interest groups such as the Bridge, Camera, Computer, Writers, and Book Review Group; and WHEREAS, Rainberry Bay has organized a Community Emergency Response Team (CERT) made up of volunteers trained by the Delray Beach Fire Department and they are prepared in the event of a hurricane or other disaster; and WHEREAS, We Care is a volunteer support group at Rainberry Bay dedicated to helping friends and neighbors in need of transportation to medical offices, respite relief, loan of medical equipment, and shopping for prescriptions and food; and WHEREAS, on November 5, 2003, Rainberry Bay will celebrate its 25"' Anniversary at their Homeowners' meeting. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby recognize RAIN BERRY BAY on its 25th Anniversary in the City of Delray Beach, Florida, and congratulate their commitment to outstanding service and support to the community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 4"' day of November, 2003. JEFF PERLMAN MAYOR Lo6 ~ _\r;;ii"r;~Dnc'rh ~ I....,.... n c~ .. , ~~ OCT 2 7 .- ~ , ;' ; --t-()-. .. !. .) ~ ',. '\) Rainberry Bay's 2Stb Anniversary I ,._-~:;:-;:;:-t I ~ ~ Rainberry Bay was 25 years old in September 2003, The first people to move ~,,: . " were Elynore and Bob Golden in September 1978, The community is celebrating its 25th anniversary at the November 5th Homeowners meeting. It is a low-keyed celebration, as opposed to an elaborate dinner dance type of party, Jay Slavin, our own political activist, is chairing this event, and Hana Levinson, is in charge of the Refreshments and Decorating Committee The mayor, the police chief and the fire chief have been asked to be our guests. Rainberry Bay is an active gated adult community located on Lake Ida Road between Congress and Barwick Avenues. There are 90 I units in this Planned Unit Development, with a population of approximately 1,600 people. Our facilities include a clubhouse in the southern part ofRainberry Bay and in the north, a state of the art theater. We have 12 Har-Tru tennis courts and five pools. Residents can enjoy many, many activities including classes and lectures, water exercise, tennis, bridge. There is something for everyone... a Social Club, Women's Club, Men's Club and Solo Club. A few of the others are the Bicycle Club, Tennis Club, and Fitness Club. Special interest groups include the Bridge, Camera, Computer, Writers and Book Review Group. During the season our Social Club brings well-known stars to our Showtimes which are about twice a month. They also have several cabarets during the season as well as a marvelous New Years Eve celebration. We have several performing groups made up of our own residents who also give us variety shows each year. We have organized a Community Emergency Response Team (CERT) made up of volunteers trained by the Delray Beach Fire Department, so we will be prepared in case of hurricane or other disaster. We Care is a volunteer support group dedicated to helping our friends and neighbors in need of transportation to medical offices, respite relief, loans of medical equipment, and shopping for prescriptions and food. We also have a well stocked library which includes the latest books and movies. Communications is handled by the Rainberry Bay Beacon, and the Rainberry Information Channel No. 19. There is also two other special TV channels, one for the Tennis Club and another for the Social Club. At the present time, we are all looking forward to our own web site which is now in the planning stage. ~B \ o~ ZP1 WHEREAS, the citizens of the City of Delray have recognized the need for a Master Plan to guide the development of Downtown Delray Beach; and WHEREAS, the c~izens and the City of Delray Beach have come together as a community, overcoming historical barriers, to form a Master Plan for Downtown Delray; and WHEREAS, the Master Plan addresses the need for the city to grow while preserving the character of the city, so that all citizens can enjoy it as a place they can live, work and play; and WHEREAS, the Master Plan represents the citizens' vision for growth and unification of Delray Beach and will accomplish a general sense of unity, promote local ownership, build a dignified City entrance, and protect the integrity of the neighborhoods; and WHEREAS, the Master Plan will erase the dividing line created by Swinton Avenue, incorporate public art, calm traffic and encourage development w~hout displacement; and WHEREAS, the Master Plan is rooted in the c~izens' participation and support. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of November 2003 as "KEEPING THE CHARM" month so that all citizens in Delray Beach may come together as a community and become involved in the Master Plan. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affIXed this 4"' day of November, 2003. JEFF PERLMAN MAYOR Ute.. WHEREAS, the citizens and the city ofDelray Beach have corne together to Page I ofl . Garito, Barbara From: Murray, Rosalind Sent: Tuesday, October 28, 2003 1 :23 PM To: Garito, Barbara Subject: CODR 6000 Proclamation Here is the proclamation. What else should we do? Do we need a formal cover letter/ " Keeping the Charm" Proclamation WHEREAS, the citizens of the City of Delray have recognized the need for a Master Plan to guide the development of Downtown Delray Beach; ~ WHEREAS, the citizens and the City of Delray Beach have come together as a community, overcoming historical barriers, to form a Master Plan for Downtown Delray; ~ WHEREAS, the Master Plan addresses the need to grow the city while preserving the character of the city, so that all citizens can enjoy it as a place they can live, work and play,' ~ WHEREAS, the Master Plan represents the citizens' vision for growth and unification of Delray Beach and will accomplish a general sense of unity, promote local ownership, build a dignified City entrance, and protect the integrity of the neighborhoods,' ~ WHEREAS, the Master Plan will erase the dividing line created by Swinton A venue, incorporate public art, calm traffic and encourage development without displacement; ~ WHEREAS, the Master Plan is rooted in the citizens' participation and suppo~ Now, therefore, I, Jeff Perlman, Mayor of Delray Beach of Delray Beach, Florida hereby proclaim the month of November 2003, as "Keeping the Charm!" Month so that all citizens in Delray Beach may come together as a community and become involved in the Master Plan 19~ 10/28/2003 Message Page 1 of 1 . . Garito, Barbara From: Murray, Rosalind Sent: Tuesday, October 28. 2003 1 :05 To: Garito, Barbara Subject: RE: info Okay, I will email it to you today! Thanks! Rosalind -----Origlnal Message----- From: Garito, Barbara Sent: Tuesday, October 28, 2003 12:51 PM To: Murray, Rosalind Cc: Kucmerowski, Carolanne SUbject: RE: info Rosalind, if we have it by Thursday, we can have the City Manager approve it for the Nov. 4th agenda. .&J..u ~, ~ C?k.I -----Original Message----- From: Murray, Rosalind Sent: Tuesday, October 28, 2003 12:47 PM To: Garito, Barbara Subject: info We have a proclamation that eRA would like to get on the agenda for next week. When is the deadline? Rosalind Murray 10/28/2003 - ~ IIBIIAY lEACH 8) OELRAY BEACH . l 0.... Parks (, Recreation , ~ 1993 2001 ~ To: City Manager-David Harden :j9J :: From: Director of Out of School Program-Tonya Smith , - ~ Thru: Director of Parks and Recreatio~ Weldon W Subject: After School Program Presentation ~tsO~ Date: 10/23/03 ^ttt~ I would like to have the opportunity for the Out of School program to make a presentation to the City Corrmrission on November 4,2003. The content of the presentation will be Lights On Afterschool. Lights On Afterschool is the only nationwide event calling attention to afterschool programs and their important role in the lives of children, families and connnunities. We have selected one student from each site, Connnunity Center, Pompey Park, and Pine Grove to read their essay on "What Afterschool Means to Me", In afterschool, children are exposed to many activities, such as golf, tennis, soccer, swinnning, etc. Our children also have homework assistance from Recreation Leaders and certified teachers to help improve their academic skills. I believe the afterschool program is a safe and secure environment for the children. I greatly appreciate your attention. Thank you. '15 ------ - - - ..... - ..... ..... ,.. " ;' ;' / / / / / / \ / \ I \ I I I I I I I I \ I \ I \ I \ I \ I \ , \ I \ , \ , \ " \ ~ \ - , \ \ \ , \ , \ \ \ \ \ ) \ < \ \ l \ I \ \ I \ / \ / \ / \ / ./ \ ./ . \. .;" - ..... ..... - ----- ~ ----- - - - - ..... ...... / " / " / " / " / \ / / I I I \ I \ I \ I I \ I \ I \ I \ I \ I \ I \ I \ I \ I " I " " \ ..... \ \ ..... \ ...... - , ...... \ " " \ \ \ \ ~;.{ \ \ \ ) ~~~ \ (' ~~ \ \ \ \ \ \ ~'; ) \ , \ I \ / \ r / \ / . \ / '- / ..... / ..... - -~----" ------ - - - .... ..... .... ..... ..... ..... \ \ \ I I I I I I I I I 1 I I \ \ \ - \ \ \ \ , \ , ~~ \ \ \ .~~~ \ ) \ ~ ~ \ \ \ \ ) \ ~'; I \ I \ / \ / f / \ I \ I / \ ./ ,,- . \. .... / .... ..... .... - . ----- Date: Oc t. 23. 2003 AGENDA ITEM NUMBER;10 G AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: November 4, 2003 Description of Agenda Item (who, what, where, how much): Request permission to make a presentation .to City Commission from Lights On Afterschool program with three students reading their essays on "What Afterschool Means to Me." Department He W._~ Signature: City Attorney iewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ~I No Initials: ~ Hold Until: Agenda Coordinator Review: Received: ____'.n._ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER PJv1 SUBJECT: AGENDA ITEM # SA. - REGULAR MEETING OF NOVEMBER 4. 2003 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION DATE: OCTOBER 31, 2003 This is before the City Commission to ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on October 16, 2003. By a vote of9 to 0, the SCRWID Board approved the following: . Authorization for the South Central Regional Wastewater Treatment & Disposal Board to record Board Assets on financial records effective 10/01/03. . Authorization to modify R.J. Sullivan contract for 2MG Reclaimed Storage Tank for Change Order No. 1 in the amount of $42,600 for installation of line stop in 36" outfall line, for a revised contract amount of $877,610; and Change Order No. 2 for additional fittings for a revised contract amount of $900,000 (No additional money needs to be appropriated). Recommend ratification of the action approved by the SCRWID Board on October 16, 2003. &\City Cle<k\agenda memos\.sCRWID BoanI Action or to.16.03.doc RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 16, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on October 16, 2003, by a vote of 9-0, approved AUTHORIZA TION FOR THE SOUTH CENTRAL REGIONAL WASTEWA TER TREA TMENT & DISPOSAL BOARD TO RECORD BOARD ASSETS ON FINANCIAL RECORDS EFFECTIVE 10/01/03. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of . . by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 16. 2003 WHEREAS. the South Central Regional Wastewater Treatment and Disposal Board on October 16. 2003. by a vote of 9-0. approved AUTHORIZATION TO MODIFY R.J. SULLIVAN CONTRACT FOR 2MG RECLAIMED STORAGE TANK FOR CHANGE ORDER #1 IN THE AMOUNT OF $42,600. FOR INSTALLA TION OF LINE STOP IN 36- OUTFALL LINE. FOR A REVISED CONTRACT AMOUNT OF $877,610; AND CHANGE ORDER #2 FOR ADDITIONAL FITTINGS FOR A REVISED CONTRACT AMOUNT OF $900.000 (NO ADDITIONAL MONEY NEEDS TO BE APPROPRIA TED). WHEREAS. said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW. THEREFORE. the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of . . by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney -.,. c(<; SOUTH CENTRAL REGIONAL WASTEWATER RI::CEIVEntf1 OCT 2 3 2003 TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue . Delray Beach, Florida 33445 CITY Ml4.NJ\GER ROBERT J. HAGEL @ Telephone Executive Director (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrwwtp@ix.netcom.com October 22, 2003 Mr. David Harden, City Manager CITY OF DELRA Y BEACH 100 N.W. 1" Ave. Delray Beach, FL 33444 Dear David: Enclosed is our Resolution No. 1-03 which was approved by the Board on 10/16/2003 at our Quarterly Meeting. This Resolution allows the Board to retain the collected Sinking Fund user charges rather than distributing the same to the Cities. Would you please have this Resolution placed on your next Commission Agenda, and call our office after all the signatures have been executed so we can pick up and send to Boynton Beach. Thank you for your assistance. Enclosure File #0 1-300 <6B ...... . . '.', . AGENDA If H (1) b. RESOLUTION NO. 1 -03 A RESOLUTION OF mE SOUTII CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD MODIFYING RESOLUTION NO. 9-81 TO PROVIDE THAT UPON COLLECTING USER CHARGES FROM THE CITIES OF DELRA Y BEACH AND BOYNTON BEACH, THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD SHALL RETAIN IN ITS OWN INDEPENDENT AND SEGREGATE SINKING FUND ACCOUNT THE SUM APPROPRIATED OUT OF SUCH COLLECTED USER CHARGES AS THE SINKING FUND, RATIIER THAN DISTRIBUTING THE SAME TO THE CITIES OF DELRAY BEACH AND BOYNTON BEACH FOR TIIEIR INDEPENDENT INVESTMENT. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board (the "Board") adopted Resolution No. 9-81 on December 21,1981; and WHEREAS, said Resolution provided for the creation of a sinking fund component of the user charge for replacement and maintenance of the Board's physical plant; and WHEREAS, the said Resolution further provided that the Board would deposit said sinking fund equally with the Cities of Delray Beach and Boynton Beach for the Cities' independent investment of said funds; and WHEREAS, it is determined that the Board possesses sufficient financial expertise to administer the investment of the sinking fund and to provide for administrative economy and expeditious availability of the funds to the Board for implementation of its repair and replacement projects. NOW, mEREFORE, the South Central Regional Wastewater Treatment and Disposal Board resolves as follows: 1. Resolution No. 9-81 is hereby modified to provide that the sinking fund component of the wholesale user charge, as shall be collected from time to time by the Board, shall be maintained and invested by the Board for the purposes for which is was collected in accordance with Florida and Federal law rather than depositing said funds with the Cities of Delray Beach and Boynton Beach. 2. This Resolution shall become effective immediately upon ratification by both the City of Delray Beach and the City of Boynton Beach. - "","0" . . . RESOLVED this ~ day of () c- To h e..K .2003. Carl McKoy The above Resolution No. ---1--03 is hereby ratified in open session by the City ofDelray Beach, this _ day of ,2003, by a to vote. MAYOR ATTEST: City Clerk Approved as to form: City Attorney The above Resolution No. ~ -03 is hereby ratified in open session by the City of Boynton Beach, this _ day of .2003, bya to vote. MAYOR ATTEST: City Clerk Approved as to form: City Attorney .._---~".--- ~- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # cg c.. - REGULAR MEETING OF NOVEMBER 4. 2003 FINAL SUBDMSION PLAT APPROVAL/HAMILTON PLACE PLAT DATE: OCTOBER 31, 2003 lbis is before the Commission to approve the final subdivision plat for Hamilton Place subdivision. The property is being re-plated to create 16 townhouse units and is located on the northeast comer of S.E. 6"' A venue and S.E. 3'" Street. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Hamilton Place. s: \City Clerk\'!I<"da memos\Final PbtHamiltonPlace.ll.Q4.03 . City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden Randal L. Krejcarek, PE ;?~ FROM: DATE: 29 Oct 2003 SUBJECT: Hamilton Place Subdivision Plat Commission Approval Please find an agenda request for Commission approval of the subdivision plat for Hamilton Place attached. I have also enclosed a location map and a reduced copy of the plat. Planning and Zoning approved this major subdivision plat on 18 August 2003. The property is being replated to create 16 townhouse units and is located on the north east corner of SE 6th Avenue and SE 3rd Street. If this meets with your approval, please place it on the 04 Nov 2003 Commission meeting for Commission approval. enc cc: Richard C. Hasko, PE, Environmental Services Director TAC: Hamilton Place 5: IEngAdmin I TACIHami/ton Place 12003 nov 04 agenda memo. DOC , 1.__. j - i---I~I-I -- '" i~, ..............__1 J -- f___ -- .N i I I II !i~!-- - ~ i..____I" - ~[ 1--- ~f------ t j Ii ..._ ,_ __ ___ IE; ({- __ II - ~ -- - I ------ ~- _,'ST .-F !-- - ~-11- f___ . 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II! ii!~1 jlll"!'!" i !~!~! II !~"~ ""11 · ~, 1~:1 lr 1.,li !~ ' ~! 'I 1 ~ 1~.11I! i !~,,,': IIil1 ill!l , I; ~l-illli illl1 !l I I' II I: i , .. ii;":'1 ~ 'I :11;' i il'j'ii 'j'!I~! i II'f(:1 il!l ~lliIi~ 1,1 I,' llll,'! ii) !I!i nifi!11 ~l ~ ~!!I!!i ili_ ~ ~~... ~ 'i! ):~~9~):~ .. ~I a 0 ~ ~~ ~ ~ t; ~~"):&i:. ! EP.~~ =-=- ~ :i!l~ !~ll II III il!I!'! 'I;i '~il! &11 ;, !l, '1\ ~.!. IIIllili : , II:ili! i i l ~ 111;" il~~'l!' I " I i~ "Igll ~l II & _' III " ~ "I: ! ~ !!!,l I .: ~ ~ ~ !I!!lj !'111 ~ ii >>! !I,.l !l!! Il~l! I!! " ~III ~i 1lllgli'll . I 1,;i!! I ;~: g ~!~!l~ ~!j Ii Id'l ;1* t!!~ l;!iil !ii I! 111'1 !i' !1 ~l!!l;!! i I !1 il~!!; ._ l'I!1 i ,M! ." i,\",,, !M,~ ,.. !, !o! !.I !! " ~'I'!"!' I ~, ;,!b '"-< !blti"'~ ~~ ;z:Ed I i ~e e ~~~~~ ij Ii ~g ~~~~~~ ~ . Date: 29 Oct 2003 AGENDA ITEM NUMBER: ~c.. 0 4:: , . . >:.'i';;;:: ..: . .' .~. AGENDA REQUEST Request to be placed on: -X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 04 Nov 2003 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the subdivision plat for Hamilton Place. Planning and Zoning approved this major subdivision plat on 18 August 2003. The property is being re-plated to create 16 townhouse units and is located on the north east corner of SE 6th Avenue and SE 3rd Street. Staff Recommendation: iroval Department Head Signature: C ~ . ~ 11l-2-4-<>~ City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @ I No Initials: ~ Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Hamilton Place\2003 nov 04 agenda,doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER '{/J0 SUBJECT: AGENDA ITEM # ~ b - REGULAR MEETING OF NOVEMBER 4.2003 FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT /HAMILTON PLACE DAlE: OCTOBER 31, 2003 lbis is before the City Commission to authorize approval of a hold hannless agreement for work perfonned within the state right-of-way. Savion Developers at Park Place, L.L.c., Inc. is the owner of the Hamilton Place Project, located at the northeast comer of S.E. 3'" Street and northbound Federal Highway. The developer is required to construct a water main extension within the state right-of-way. The Florida Department of Transportation requires the City to sign the permit on behalf of the developer. The proposed agreement provides that the developer will hold the City hannless for the general work to be perfonned under the permit. Recommend approval of the hold hannless agreement for work perfonned within the state right-of- way between the City and Savion Developers at Park Place, L.L.c., Inc. S:\City Clerk\agenda memos\Hold HarmlessAgmt.HamiltonPlace.l1.04.03 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: William A. Grieve, PE, Assistant City Engineer Ivbo/ DATE: October 27, 2003 SUBJECT: Hold Harmless Agreement for FOOT Utility Permit for Hamilton Place Please find attached a hold harmless agreement for work performed within the state right-of-way. Hamilton Place, a proposed townhouse community located at the Northeast corner of the intersection of SE 3rd Street and Northbound Federal Highway, has been required to construct a water main extension within the State right-of-way. The Florida Department of Transportation requires the City act as the utility permit applicant. The attached agreement holds the City harmless for the work performed under the permit. If the attached agreement is acceptable, please place it on the November 4, 2003 meeting for commission approval. cc: Randal Krejcarek, PE, City Engineer Brian Shutt, Assistant City Attomey S:\EngAdmin\TAC\Hamifton PlaceV'lold harmless 8g memo. doc . HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT is entered into this f,,\ ~. day of OUfl:'~ , 2003 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and ~~ID..\ ~A.o~ ~ 'j'AM<- 'Mct,IA.G, (hereinafter referred to as "DEVELOPER"). WIT N E SSE T H: WHEREAS, DEVELOPER wishes to install/construct improvements in the right-of- way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS, the CITY is required to indemnifY and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment ofTen Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnifY, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable -- attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of-way and as more particularly shown on the engineering plans submitted for the ~ q development known as I\A~\\J(b...\ 'fu,.r.k . 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 2 ---~ 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the General Use Permit Application between the CITY and the State for this project and attached hereto as Exhibit "A". 9. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ArrEST: CITY OF DELRA Y BEACH, FLORIDA By: By: City Clerk Jeff Perlman, Mayor Approved as to Form: By: City Attorney 3 WITNESSES DEVELOPER: ~~~~O ~;;~'-'~ ~t,~Typ<N=:~~ - (Print~T",N=,) ~ Address: \'1e, I-\.~, ~ ),.~. (print or Type Name) ~llol>.i ~M ~ ~~? Phone: ~l- ~<{~-~~_ ST A IE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of ()~obe( , 2003 by ~c.1:. ~~d ~ame of officer or agent, title of officer or agent) of ~ie>l'\ Welo PQ.t'~ I ~ e (name of corporation acknowledging), a 4=1- (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known ~ me or has produced (type of id'entification) as identification and did (did not) take an oath. Signature of Notary Public- State of Florida Q) SlliPIWtEM. WATSON ; : _ MY COMMISSION' DO 151190 . . EXPlRES:.lnI/y 13. 2007 _ThN____ 4 Date: October 27. 2003 AGENDA ITEM NUMBER: ~ e AGENDA REQUEST Request to be placed on: -X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: November 4. 2003 Description of Agenda Item (who, what, where, how much): Commission approval/authorization for Mayor to execute hold harmless agreement with Savion Developers at Park Place, LLC for water main work performed within the state right-of-way. Hamilton Place is proposed to be built on the northeast corner of northbound Federal Highway and SE 3rd Street. The Florida Department of Transportation requires the City to act as the utility permit applicant. The attached agreement holds the City harmless for the work performed under the permit. This agreement is subject to review and approval by the City Attorney. Staff Recommendation: ~ Department Head Signature: ( '"'. .~ lo-~-v? City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:@/ No Initials:. ~ Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Hamilton Place\hold harmless agenda.doc 01< [IT' DF DELIA' BEA[H ~ CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 b:ed Writer's Direct Line: 561/243-7091 AI JlndclCI\y , ~ II ,! MEMORANDUM October 28, 2003 1993 DATE: TO: City Commission h....~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Easement Deed The following easement deed will allow for the extension of a water main onto Lone Pine Road. This is necessary as the City has future plans to provide water service to properties located along Lone Pine Road as they are presently receiving water service from private wells. This easement is located just west of Davis Road and just to the south of the northern City boundary. By copy of this memo to David Harden, our office requests that this item be placed on the November 4, 2003 City Commission agenda for acceptance. Please call if you have any questions. Attachment cc: David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer 'DE . .< . ., Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED I , THIS ~ENTURE, made this ~ day ofOcr.&,:A,. , 2003, by and ~cpf ~ F,. PJt.__ "':fT.~ with a maili~g address of~\1 S.... (D-tlI AIle. ~U ~~ , arty' of the first part, and e CITY OF DELRAY BEACH, with a mailing addres~ of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion ofland described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. I . , ., i , . ; Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: ~h,..,~ By: K.. Q:,.,.\~_ ~\..,'V*- (name printed or typed) ~~~'3l S US Q., K,' M ",ut~ (name printed or typed) STATE OF _PLoI'U DA COUNTY OF P /}L-m Bf:PO/ The foregoing. instrument was acknowledged before me this .u. ^1ay of ~~ r 2003 by CAlf.{ Fine (name of officer or agent), of . u;/f (I,JYI.&/.ld7Irro. :1:rtc. (name of corporation), a ;::-14-rrdt{ (State or place of incorporation) corporation,' on behalf of the corporation. He/Silo jJ Jl~"no]~' leie"U tv me Elf'" has produced F=Sro-li:n-o;f',-L//'I-o (type of identification) as identification lIDa ,t;,t/did net te!.ce ftII. olttlr PItt. {;)y.,~ trl.. ~"'. mi{UoilLV Si a e ofNotafy Public - Stat of PtdrlAA (SEAL) ~y P&<< 0FfIC:I0Il.NllLSiN. o 11<-- V~7"'- ..- .., ~ ~ ,f UY-~ ---. OFf\O FED. 2 -_.~.- . SKETCH OFDESCRIP1ION ~'\7<l-<- 1~C)i2Tf.lv.Jt:;>T t:oi'-NC2.. ?(:cTlohi 7 Towwst-!Ii" A& 'xhrfj.l, ~L"C: 1 ' ~ - "?- 1J';,s1" \.Ii-Jr; of ~H "" - . . ^3 = ~ . - ~ ~ f...1o I~ N LlJ f! ( Wo ~i.E) ~ ~ ~ I'll -~ ~ ~ ) ~ ^Fo'lJi OF 1$t;e;I,.jWI"'~ -L l"~ <;7, 40oM't7c?"I::"', , Z2.4. 10. , . / (. ~('j h.1 10"&0'00" W., 1.1.c,. "I 7 · ~ t-...l - ~ Uo.l5. 12' UTILITY EASEMENT BEGIN AT A POINT IN THE WEST LINE OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA 374.49 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 7, FOR THE POINT OF BEGINNING; THENCE S 90..0.0.' all." E, A DISTANCE OF 224.10. FEET; THENCE N 63. 0.3' o.S"E,ADISTANCE OF75.19'FEET;THENCES 0.0..26' 40."W, 13.40.'; THENCES. 63.0.3' aS" W. A DISTANCE OF 72.0.9'; THENCE N. 90..0.0.' all." W 226.97'; THENCE N. 0.0..0.0.' all." E 12.0.0.' TO THE POINT OF BEGINNING. THIS IS NOT A SURVEY Renner, Burgess, Inc. Not valid unless Au!l'lorization Number LB6504 saa1ed Vwith ;embosSf:G ~ ~...... 1 S.E. 4th Ave., Suile 205 su'rveyofs be~1 - Delray Beach, FL 33483 I hereby certify that the SKETCH OF DESCRIPTION show.h .hereo" Phone 561-243-4624 meets h mi imum technical standards set forth inChapler 6.1G17-6. Fax 243-4869 Florid dmi strative Code pursuant to Section 472.027, Flodda f Lond West Palm 735-7639 Statut s. 10.-5 -O?? Sur'J(''flng West Palm Fax 735.7641 Toll Free 1-800-773-5531 Fax Free 1-BOO-954-4408 Hany P.L.S. No. 5089. Rmihit A -..-.---.----- MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM:. CI1Y MANAGER SUBJECT: - REGULAR MEETIN DATE: OCTOBER 31, 2003 This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 2655 Dotson Way. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 74-03. AgmemoEMERGBOARDUP.Res No 74-93 RESOLUTION NO. 74-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land{s} and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance wi th the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.B of the Land Development Regulations desires to assess the cost of said condition against said property owner(s) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at 2 Res. No. 74-03 /' the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty. (30) days from the date of adoption and the'assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of . 2003. MAYOR ATTEST: City Clerk 3 Res. No. 74-03 _.~- -------- CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: SECRETARY OF HOUSING AND URBAN DEVELOPMENT MAILING ADDRESS: 1320 SOUTH DIXIE ffiGHWAY CORAL GABLES, FL 33146 PROPERTY ADDRESS: 2655 DORSON WAY LEGAL DESCRIPTION: LOT 18, BLOCK IS, DELRAY SHORES FIRST ADDITION ACCORDING TO PLAT BOOK 11430, PAGE 673 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 246.77 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 2003 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 8/13/03 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. _X_You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. 4 Res. No. 74-03 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 7/18/03 at a cost of $245.77 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk 5 Res. No. 74-03 ----- MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: CIlY MANAGER fI11 SUBJECT: AGENDA ITEM # '8G- REGULAR MEETING OF NOVEMBER 4. 2003 RESOLUTION NO. 75-03 DATE: OCTOBER 31, 2003 This is a resolution assessing costs for abatement action required to remove nuisances on twenty (20) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 75-03. AgmemoCE.Res No 75-03 --.. RESOLUTION NO. 75-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING TIIAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLutION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has dete~ined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they mus t abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said' notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHERBAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s) 1 and, WBBRBAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice1 and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Del ray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THIlREFORB, BIl rT RESOLVED BY THIl crTY COMMISSrON OF THIl crTY OF DIlLRAY BEACH, FLORrDA, AS FOLLOWS. Section L That assessments in the individual amounts as shown by the report of the Ci ty Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. No. 75-03 .- of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSIlD AND ADOPTIlD in regular session on this the day of , 2003. MAYOR ATTEST: City Clerk 3 Res. No. 75-03 ~--_.__.- ----.------ COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT MONROE SUB, LOT 23, BLOCK 12, PB 14, P 67 PUBLIC RECORDS OF PALM BEACH COUNTY, FL DOROTHY J. BUTLER (620 NW 1ST STREET) clo PRISCILLA BUTLER BEATTY 12434617 01 0120230 441 GRAND CONCOURSE CUST 10 # 65 MIAMI, FL 33138 $ 70.75 $ 55.00 ADM FEE ROSEMONT VILLAS UNIT B, LOT 10, PB 29, P 183, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (810 SW 5TH AVENUE) JOHNNY & PATRICIA SMALL 12434620330000100 810 SW 5TH AVENUE CUST 10 # 10256 DELRAY BEACH, FL 33444 $ 57.50 $ 55.00 ADM FEE TOWN OF DELRAY, N 37.5 FT OF W 130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2, BLOCK 4, PB 1, P 3, BERNMAX INC. PUBLIC RECORDS OF PALM BEACH COUNTY, FL 4216 TRANQUILITY DRIVE (NW 7TH AVE - ONE VAC. LOT SO OF 24) BOCA RATON, FL 33487-4216 12434616010040100 CUST 10 # 9721 $ 70.75 $ 55.00 ADM FEE JEFFERSON MANOR, LOT 48, PB 24, P 150, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1331 NW 3RD STREET) R. KATINGER & R. MACQUET 12434617 24 000 0480 1021 EGREMONT DRIVE CUST 10 # 9476 WEST PALM BEACH, FL 33406 $ 84.00 $ 55.00 ADM FEE TOWN OF DELRAY, S 75 FT OF N 150 FT OF E 1/2 OF S 1/2 OF BLOCK 39, PB 1, P 3, PUBLIC ROBERT & ANGELA BURNS RECORDS OF PALM BEACH COUNTY, FL 2578 LAKE IDA ROAD (230 SW 3RD AVENUE) DELRAY BEACH, FL 33445 1243461601 0390050 CUST 10 # 6631 $ 70.75 $ 55.00 ADM FEE 4 Res. No. 75-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE TOURIST NOOK DELRAY, LOT 25, BLOCK B, PB 11, P 47, PUBLIC RECORDS OF PALM GLORITH STEPHENSON BEACH COUNTY, FL 13953 CORAL WAY (232 NW 8TH AVENUE) DELRAY BEACH, FL 33445 12 43 46 17 25 002 0250 CUST 10 # 121 $ 70.50 $ 55.00 ADM FEE TOWN OF DELRAY, S 37.5 FT OF N 75 FT OF W 130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2 BLOCK 4, PB 1, P 3, PUBLIC RECORDS OF RUBY L. HARRIS PALM BEACH COUNTY, FL CIO P.C. WELLS (NW 7TH AVE - 2nd LOT SO OF 24) 7012 SUNNYSIDE LANE 12434616010040010 FT. WASHINGTON, MD CUST 10 # 892 20744-4325 $ 70.75 $ 55.00 ADM FEE TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 FT OF BLOCK 24, PB 1, P 3, ADELENE JENKINS PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 1993 (322 SW 5TH AVENUE) DELRAY BEACH, FL 33447 124346 1601 0240040 CUST 10 # 187 $ 57.50 $ 55.00 ADM FEE DELRA Y SHORES, LOT 1, BLOCK 11, P 24, P 232, DANIELLA HENRY PUBLIC RECORDS OF PALM BEACH COUNTY, FL 3418 DIANE DRIVE (660 UDELL LANE) DELRAY BEACH, FL 33435 12434607010110010 CUST 10 # 9993 $ 35.25 $ 55.00 ADM FEE TOWN OF DELRAY, N 1/2 OF LOT 5, BLOCK 30, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL AMY CHARLOW (125 SW 5TH AVE - VAC LOT SO. OF 121) 125 SW 5TH AVENUE 1243461601 0300051 DELRAY BEACH, FL 33444 CUST 10 # 535 $ 70.75 $ 55.00 ADM FEE 5 Res. No. 75-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE TROPIC PALMS PLAT NO 1, LOT 264, PB 25, P 99, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (509 CURLEW ROAD-VAC LOT E OF 511) THOMAS & JULIANA DEL FLORE 12 43 46 29 02 000 2640 509 CURLEW ROAD CUST 10 # 10221 DELRAY BEACH, FL 33444 $ 44.25 $ 55.00 ADM FEE TOWN OF DELRAY, N 1/2 OF E 1/2 OF LOT 16, ELIJAH FELIX DELANCY, JR BLOCK 30, PUBLIC RECORDS OF PALM & JULIA, RACHEL, BEACH COUNTY, FL FRANCES DELANCY (146 SW 4TH AVENUE) 470 DEKALB AVENUE 12434616010300162 BROOKLYN, NY 11205 CUST 10 # 8293 $ 58.50 $ 55.00 ADM FEE DELRAY SHORES 1ST ADDITION, LOT 18, BLOCK 15, PB 24, P 232, PUBLIC RECORDS SECRETARY OF HOUSING OF PALM BEACH COUNTY, FL OF URBAN DEVELOPMENT (2655 DORSON WAY) 909 SE 1ST AVE # 500 12434607020150180 MIAMI, FL 33131 CUST 10 # 8389 $ 74.90 $ 55.00 ADM FEE DELRAY SHORES 1ST ADDITION, LOT 18, BLOCK 15, PB 28, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SECRETARY OF HOUSING (2655 DORSON WAY) OF URBAN DEVELOPMENT 12434607020150180 909 SE 1ST AVENUE # 500 CUST 10 # 8389 MIAMI, FL 33131 $ 143.00 $ 55.00 ADM FEE DELRAY SHORES 1ST ADDITION, LOT 18, BLOCK 15, PB 24, P 232, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SECRETARY OF HOUSING (2655 DORSON WAY) & URBAN DEVELOPMENT 12434607020150180 909 SE 1ST AVENUE # 500 CUST 10 # 8389 MIAMI, FL 33131 $ 74.90 $ 55.00 ADM FEE 6 Res. No. 75-03 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE DELRAY SHORES 1ST ADDITION, LOT 18, BLOCK 15, PB 28, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SECRETARY OF HOUSING (2655 DORSON WAY) & URBAN DEVELOPMENT 12434607020150180 909 SE 1ST AVENUE # 500 CUST 10 # 8389 MIAMI, FL 33131 $ 67.18 $ 55.00 ADM FEE DELRAY SHORES 1ST ADDITION, LOT 18, BLOCK 15, PB 82, P 63, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SECRETARY OF HOUSING (2655 DORSON WAY) OF URBAN DEVELOPMENT 12434607020150180 909 SE 1 ST AVENUE # 500 CUST 10 # 8389 MIAMI, FL 33131 $ 109.00 $ 55.00 ADM FEE DELRAY SHORES 1ST ADDITION, LOT 18, BLOCK 15, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SECRETARY OF HOUSING & (2655 DORSON WAY) URBAN DEVELOPMENT 12434607020150180 909 SE 1ST AVENUE # 500 CUST 10 # 8389 MIAMI, FL 33131 $ 109.00 $ 55.00 ADM FEE DELRAY SHORES 1ST ADDITION, LOT 18, BLOCK 15, PB 28, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SECRETARY OF HOUSING & (2655 DORSON WAY) URBAN DEVELOPMENT 12434607020150180 909 SE 1ST AVENUE # 500 CUST ID # 8389 MIAMI, FL 33131 $ 81.75 $ 55.00 ADM FEE REV PLAT OF BLOCKS 0 & E, PALM BEACH SHORE ACRES, W 292.4 FT OF LOT 2 PRIME HOMES AT NO. BEACH (LESS W 25 FT ANDREWS AVE RD R1W) CIO REG AGENT BLOCK E, PB 1, P 3, PUBLIC RECORDS OF STEVEN GREENFIELD PALM BEACH COUNTY, FL 7000 W. PALMETTO PARK RD 12 43 46 09 04 005 0022 #402 CUST 10 # 9719 BOCA RATON, FL 33433 $ 55.25 $ 55.00 ADM FEE VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. I 7 Res. No. 75-03 MEMORANDUM TO: MAYOR AND CJTY COMMISSIONERS FROM CJTYMANAGER SUBJECT: AGENDA ITEM # . REGULAR MEETING OF NOVEMBER 4 2003 RESOLUTION NO. 76-03 DAlE: OCTOBER 31, 2003 This is a resolution assessing costs for abatement action necessary to remove junked and! or abandoned vehicles from five (5) properties within the Gty. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 76-03. Agrnemo.A V.Res No 76-03 RESOLUTION NO. 76-03 A RESOLUTrON OF THE CITY COMMISSION 'OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the Ci ty Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances I removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof I for violation of the provisions of Chapter 90 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 and 90.03 of the Code of Ordinances; and, WHEREAS" the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance (s) as required by Chapter 90 of the Code of Ordinances; and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the city of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), --------,-, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice{s} that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the. date of adoption and the assessment(s) contained herein and shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Res. No. 76-03 Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the day of , 2003. MAYOR ATTBST: City Clerk Res. No. 76-03 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 17-46-43, E 43.74 FT OF S 140 FT OF N 165 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SIDNEY WASHINGTON (1402 NW 2ND STREET) c/o DENISE WASHINGTON 12434617000003100 2627 NW 20TH AVENUE # 2 CUST 10 # 5659 FT. LAUDERDALE, FL 33311 $ 90.00 TOURIST NOOK DELRAY, LOT 11, BLK B, PB 11, P 47 PUBLIC RECORDS OF PALM BEACH COUNTY, FL TOMMIE D. SHEFFIELD & (217 NW 9TH AVENUE) ALICE JACKSON 124346 17 24 002 0100 217 NW 9TH AVENUE CUST 10 # 8679 DELRAY BEACH, FL 33444 $ 35.00 TOURIST NOOK DELRAY, LOT 11, BLK B, PB 11, P 47 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (217 NW 9TH AVENUE) TOMMIE D. SHEFFIELD & 12434617240020100 ALICE JACKSON CUST ID # 8679 217 NW 9TH AVENUE INV # 23985 DELRAY BEACH, FL 33444 $ 35.00 DELRAY SHORES 1ST ADDITION, LOT 20, BLOCK 12, PB 28, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL MILVOTE AUGUSTE & (598 CORAL WAY) ADELINE AUGUST 12434607020120200 598 CORAL WAY CUST ID # 10222 DELRAY BEACH, FL 33445 $ 35.00 DELRAY SHORES 1ST ADDITION, LOT 12, BLOCK 12, PB 24, P 233, PUBLIC RECORDS OF PALM BEACH COUNTY, FL PRONEL DUSSEK (2788 LAKE IDA ROAD) 6160 PLAINS DRIVE 1243461707020120120 LAKE WORTH, FL 33463 CUST 10 # 8914 $ 35.00 VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE I 4 Res. No. 76-03 MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER~ SUBJECT: AGENDA ITEM # 1. - REGULAR MEETING OF NOVEMBER 4. 2003 CHANGE ORDER NO. t/FINAL PAYMENT /RPM GENERAL CONTRACTORS. INC. DATE: OCTOBER 31, 2003 lbis is before the City Commission to approve Change Order No. 1 in the net deduct amount of $310.36, and final payment in the amount of $4,545.69 to RPM General Contractors, Inc. for the Pompey Park Interior Improvements Project. Funding is available from 334-4172-572-4662.10 (General Construction Fund/Building Maintenance). Recommend approval of Change Order No.1 and final payment to RPM General Contractors, Inc. for the Pompey Park Interior Improvements Project. S:\City Clerk\agenda memos\Final Payment.RPM General Contractors.l1.04.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.mydelraybeach.com TO: DAVID HARDEN, City Manager FROM: VICTOR MAJTEN~iOn Manager SUBJECT: POMPEY PARK INTERIOR IMPROVEMENTS, (pIN 2002-017) DATE: OCTOBER 28, 2003 Attached is an Agenda Request for City Commission to approve a net deduct Change Order #11 Final, in the amount of $310.36, and final payment in the amount of $4,545.69 to RPM General Contractors, Inc. for completion of the Pompey Park Interior Improvements project (PN 2002- 017). All changes for the project are itemized on the attached Exhibit A to Change Order #1, Final. The project is complete and all warranty documentation has been received. Staff recommends the City Commission approve Change Order #1/Final in the amount of -$310.36 and final payment in the amount of $4,545.69 to RPM General Contractors, Inc. for the completion of the Pompey Park Interior Improvements project. Residual funds to be liquidated from P.O.# 611057, account 334-4172-572-46.10, General Construction Fund/Building Maintenance. A Contractor Evaluation is also attached. cc: Richard Hasko; Director of ESO Rafael Ballestero; Dep. Director of Construction Joe Weldon; Director of Parks and Recreation Rich Connell; Assistant Dir. of Parks and Recreation City Clerk's Office Agenda File 11/04/03 File 02-017(A) S:\EngAdminIProjects\2002\2002-017\CONSTRC1\Agd mem CO IFin 11.04.03.doc ~.. .----..------ ----- CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. l(Final) PROJECT NO. 02-017 DATE: PROJECT TITLE: Pompey Park Interior Improvements TO CONTRACTOR: RPM General Contractors, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION Complete changes to project per the attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $83,910.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $83,910.00 COST OF CONSTRUCTION CHANGES THIS ORDER -$310.36 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $83,599.64 PER CENT DECREASE THIS CHANGE ORDER 0.37 % TOTAL PER CENT DECREASE TO DATE 0.37% CERTIFIED STATEMENT: I hereby certifY that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. RPM General Contractors, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account 334-4172-572-46.10 (-$310.36). DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk S:\EngAdmin\Projects\2002\2002-017\CONSTRCnCOl Final doc -11.04.03.doc EXHIBIT "A" Pompey Park Interior Improvements Prj 2002-017 Change Order #1/Final, Summary ()wner Unforeseen AlE Design Requested Item # Descriotion Conditions Revisions Revisions COR 1 Remove water damaged drywall ceiling & $411.59 carry channels, Rm #106. COR2 Install 1/4" drywall on walls in computer $793.31 room, Rm #104. COR3 Credit; delete Mariite Plank wainscoat in ($1,606.38) Game Rm #106. COR4 Construct drywall closet wldr around $1,704.04 electrical cabinet, and install access panels for mechanical equipment, Rm #106. COR5 Credit for deleting glass block windows at ($369.89) west wall Game Rm, #106. COR6 Furnish & install new mtl dr frames to $688.27 storage closets in conference room, Rm #105. COR7 Paint T-111 ceiling in Game Rm, #106, $2,594.21 wlfire retardant paint, both sides, code requirement. CORB Remove and replace light fixture in office; $89.5< assisted City AC maintenance contractor. COR9 Furnish and install Lockset hardware to $384.96 conference room door closet, Rm #105. Contingency Allowance ($5,000.0011 $411.59 i $4,29B.25 i ($20.20)1 Total of Chsnges $4,689.64 Net Change Order #1/Flnal ($310.36) PIN 2002..017: Pompey Park Interior Improvements Change Order #1/Final 1 0127/2003 .-------- __n__________ Agenda Item No. ~ AGENDA REQUEST Date: October 28, 2003 Request to be placed on: X Regular Agenda _ Special Agenda _ Workshop Agenda When: November 4. 2003 Description of item (who, what, where, how much): Approve net deduct Change Order #1, Final in the amount of $310.36, and final payment in the amount of $4,545.69 to RPM General Contractors, Inc. for completion of the Pompey Park Interior Improvements project (PN 2002-017). All changes for the project are itemized on the attached Exhibit A to Change Order #1/Final. Residual funds to be liquidated from P.O.#611057 to account 334-4172-572-46.10, General Construction Fund/Building Maintenance. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Change Order #11 Final and Final Payment to RPM Ge~eral con~ #~ (r;,-t':f -u~ Department head signature: , Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation if applicable): Budget Director Review (r~ on all items involving expenditure of funds): Funding available: EO. ~ . Funding alternatives If applicable): Account No. & Description See Above Account Balance Pyu;!a~.l-eu_~.. hL4-... =--- ~ #"f:5J'.~" ,{J,~ .~ City Manager Review: @ ~ /oft.;7d.3 Approved for agenda: INO Hold Until: I I I Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved S:\EngAdminIProjects\2002\2002.017\CONSTRCT\Agd req co 1 Fin 11.04.03.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 1ff1 SUBJECT: AGENDA ITEM # S.::r - REGULAR MEETING OF NOVEMBER 4. 2003 SERVICE AUTHORIZATION #18/MATHEWS CONSULTING. INC. DATE: OCTOBER 31, 2003 lbis is before the City Commission to approve Service Authorization #18 with Mathews Consulting, Inc. in the amount of $126,827.00 for engineering design services regarding Area 1 of the City's reclaimed water system. Funding is available from 441-5181-536-65.96 (Reclaimed Water Transmission). Recommend approval of Service Authorization #18 with Mathews Consulting, Inc. for engineering design services regarding Area 1 of the City's reclaimed water system. S:\City Clerk\agenda memos\ServiceAuth.#18Mathews.l1.04.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M lVWW.mydelraybeach.com TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Environmental Services Directo~ SUBJECT: MATHEWS CONSULTING SERVICE AUTHORIZATION #18 DATE: October 27, 2003 Attached is a copy of Service Authorization #18 for Mathews Consulting, Inc., for the provision of engineering services in conjunction with the construction of the Reclaimed Water Transmission line identified in Area I of the City's Reclaimed Water System Master Plan. Proj ect scope includes the design, plan preparation and permit acquisition for the construction of approximately 6,317 linear feet of30" ductile iron pipe (DIP) and 3,916 linear feet of 24" DIP reclaimed water main, including all surveying and geotechnical consulting requirements prerequisite to plan preparation. Additional scope of services in this contract includes the development of reclaimed water construction standards, reclaimed water system operating protocol and a draft standard water user agreement. These documents will be required by the Florida Department of Environmental Protection prior to placing the system into service, and will be addended to the Reclaimed Water System Master Plan document. Supplemental scope included in this contract will be the advanced provision of plans and documents adequate to accommodate the accelerated construction of approximately 1,200 linear feet of24" DIP on an alignment parallel to and west of the LWDD E-4 Canal, adjacent to the Palm Beach County School District capital project currently under construction. This portion of the Area 1 main must be installed within the next two months so as to avoid additional cost to the City as well as delaying the School District project schedule. The total proposal for the described scope is $126,827 with a time element of 30 weeks. Funding is available for this project in Water & Sewer Connection Fees, account #441-5181-536-65.96, Reclaimed Water Transmission. Please place this item on the November 4, 2003 agenda for consideration by Commission. cc: Dan Beatty, Deputy Director Public Utilities Randal Krejcarek, City Engineer Bill Grieve, Ass't City Engineer CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZA nON NO. 18 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. TITLE: Area 1 Reclaimed Water Svstem This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Al!Ieement for General Consulting Emrineering Services I. PROJECT DESCRIPTION The City of Delray Beach has adopted a Reclaimed Water Master Plan (RWMP), (prepared by Mathews Consulting, Inc., October, 2003) which identifies areas of service for the City's new reclaimed water system. The purpose of the RWMP is to serve as a planning document from which a reclaimed water system can be developed in phases as capital improvements are budgeted and scheduled through a designated time frame. The first project identified for implementation in the RWMP is "Area 1". The proposed reclaimed water system for "Area 1" and construction cost opinion is shown in Attachment A (Figure 5-2 from RWMP). This project involves providing engineering design, permitting, and bidding services for implementation of the reclaimed water system in Area 1. II. SCOPE OF SERVICES Phase I - Study and ReDort Phase Consultant shall provide preliminary design phase services in accordance with Article III.A of the Agreement for Engineering Services with the City, dated June 2,1999. Task!. Construction Standards: Consultant shall provide three (3) copies of a Technical Memorandum to the City summarizing the minimum design and construction standards for reclaimed water mains to meet State of Florida Department of Environmental Protection (FDEP) requirements in accordance with Rule 61-610, F.A.C. Consultant shall include typical construction details from other municipalities to be used as examples for the City to modify and R WMarea 1 contract 1 0/20/03 I incorporate into their own City of Delray Beach Minimum Construction Standards and Specifications manual. Task 2. Reuse Operating Protocol: Consultant shall develop a Reuse Operating Protocol Manual for the City's new reclaimed water system. The Operating Protocol shall comply with all requirements of FDEP Rule 62-610, F.A.C. Consultant shall submit three (3) copies of the protocol to the City for review and comment. Consultant shall also submit a draft copy of the protocol to FDEP for review and approval. Upon receipt of comments from the City and from FDEP, a final Reuse Operating Protocol in hard copy and in electronic format (MSWord) will be prepared and submitted to the City for incorporation into the Reclaimed Water Master Plan. Task 3. Draft Reclaimed Water User Agreement. Consultant shall prepare and submit to the City three (3) copies of a Draft Reclaimed Water User Agreement for review comment. The purpose of the draft agreement is to serve as the template from which all reclaimed water user agreements from the City will be based. Upon receipt of City comments, a final agreement in hard copy and in electronic format (MSWord) will be prepared and submitted to the City for incorporation into the Reclaimed Water Master Plan. Phase III - Final Desi2ll Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated June 2,1999. Task 1. Field reconnaissance of the proposed pipeline corridor shall be performed. Photograph log walk-through will be included. In addition, potential underground existing utilities will be identified. Task 2. Coordination with utility agencies shall be performed to collect record information. This Subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. Task 3. Consultant shall provide final design of the Area I reclaimed water system. The reclaimed water main shall extend from the South Central Regional Wastewater Treatment Plant (SCRWWTP), south to the new Atlantic High School, and end at the stub-out located at the City of Delray Beach Municipal Golf Course adjacent to Atlantic Avenue. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be I" = 20' for plan and I" = 2' for profiles. Consultant shall prepare the engineering design elements on topographic survey information. Consultant shall coordinate with the City in R WMarea 1 contracll 0/20/03 2 order to design the proposed reclaimed water main in accordance with the requirements and design standards of the City. Task 4. Due to the on-going construction at the new Atlantic High School, Consultant shall design approximately 1,500 linear feet (from Davis Rd. to just north of bridge) of 24-inch RWM prior to the work in Task 1. Consultant shall prepare the design plans using existing topographical survey data provided by City of Delray Beach. Additional survey data may need to be provided (e.g. locate existing lO-inch water main, location north of project limits on Davis Road, etc.). Only design plan/profile drawings along with detail sheets and a construction cost opinion will be prepared. Technical specifications will not be prepared. The reclaimed water line shall be designed as a "dry line" for future reclaimed water use. It is anticipated that an FDEP permit for reclaimed water mains will not be required. Drawings (two copies) shall be submitted for City. Task 4 shall be completed within 30 days of written notice-to-proceed. Task 5. Contract documents consisting of "front-end" documents and technical specifications shall be prepared and shall conform to City of Delray Beach Standards. Task 6. Drawings and specifications (two copies) shall be submitted for City review at 60% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of CAD files in electronic format on CD. Specifications shall be provided in electronic PDF format. Task 7. At the 60% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Phase IV - Biddin2INe2otiation Phase Consultant shall provide final design phase services in accordance with Article HI.D of the Agreement for Engineering Services with the City, dated June 2, 1999. Task 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide 20 sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. Task 2. Consultant shall attend pre-bid conference and provide a written summary of issues discussed. Fl~arealcontractl0/20/03 3 Task 3. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. Task 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling ahd awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Phase V - Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit Addendum No. 1 to this service authorization for approval of fees for construction phase services to be provided in accordance with Section ill-E of the Agreement with the City. Other - Permittinl! At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements and to ensure that the proposed reclaimed water main can be installed within FEC Railway Company, Lake Worth Drainage District and Palm Beach County right-of-ways. Agencies anticipated to have jurisdiction over the project include: Florida Department of Environmental Protection (FDEP), FEC Railway Company, Lake Worth Drainage District (LWDD), Florida Department of Transportation (FDOT), and Palm Beach County. Permit applications shall be completed as required for FDEP, FEC Railway Co., LWDD, FDOT, and Palm Beach County. Associated permit application fees shall be determined by Consultant and paid by City. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: . Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. . Attend up to one (1) meeting with each of the regulatory agencies during review of the final permit applications. . Respond to request(s) for additional information from each regulatory agency. Other - Geotechnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: FlVV1ltarealcontractlO/20/03 4 Perform up to twelve (12) standard penetration test (SPT) borings to an average depth of ten (10) feet. Evaluate field data collected and provide geotechnical engineering evaluation report. Other - Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the established project limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at 100-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the project limits, including physical objects, roadway pavement, railway tracks, canals, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and an other accessible structures. This will include coordination with Sunshine and City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. c. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades, low points, railway ditch bottoms, and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated on the driveways and parking areas to indicate direction of grade. e. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. . The above topographical survey data will be prepared in AutoCAD (Version 2000) format at a scale of 1 "=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. R WMarea 1 contract 10/20/03 5 ---- Otber- Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording the approximate horizontal location of affected utilities within the project limits. It is anticipated that approximately twenty (20) utility locations will need to be pot-holed. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. 2. City personnel will assist in field verification of affected existing City facilities. 3. Consultant can assume that all existing and proposed reclaimed water main alignment is within City ofOelray Beach, Palm Beach County, FOOT, and L WOO rights-of-way. 4. City will be responsible for acquisition of easements (including temporary), if required. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, and drainage improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. . A detailed description of the work to be undertaken. . A budget establishing the amount of the fee to be paid in accordance with the Agreement. . A time established for completion of the work. Flw~arealcontractlO/20/03 6 III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Emrineerimz Services Time oer Phase Cumulative Time Phase I - Study and Report(l) 20 weeks 20 weeks Phase III - Final Desir 20 weeks 20 weeks Geotechnical(l Surveying(l) Field Verification(l) Permitting 4 weeks 24 weeks Phase IV - Bidding 6 weeks 30 weeks (1) Study and Report Pha3e will be completed cumulative with Final Design Pha3e (2) Geotechnical, Surveying.. and Field Verijication will be completed during Final Design Pha3e. IV. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment B for budget summary. Emrineering Services Estimated Fees Phase I - Study and Report $ 9,157.00 Phase III - Final Design Phase $ 69,076.00 Phase IV - Bidding Phase $ 4,330.00 Permitting $ 5,514.00 Surveying $ 26,400.00 Geotechnical $ 4,950.00 Field Verification $ 4,400.00 Out-of-Pocket Expenses $ 3,000.00 (I) Additional Services $ 15.000.00 TOTAL PROJECT COST $ 126,827.00 (1) Notes: (I)Out-of-Pocket Expenses include the following: printing/reproduction and postage. (l)Total project cost does not include the $/5,000 for Additional Services (if authorized by the City). R WMarea 1 contractl 0/20/03 7 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may not commence work on and Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRA Y BEACH: MATHEWS CONSULTING, INC. Date: Jeff Perlman, Mayor Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was aC~edged before me this zd&y of , 2003 by Rene L. Mathews, President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produceo loenutIcadOIt), Florida Driver's License and (did/did not) take an oath. ac-a~ ;; ~ Noncy Annltrong *Il* MyCommINian CC814478 e son taking -.;;.~ ExpIrH FIbruIIy 28. 2004 ent R WMarca 1 contract! 0/20/03 8 Mathews Consulting, Inc. CSA No. 18 Area 1 Reclaimed Water System Attachment A Section 5 5.2 Area 1 Area Descrlotion: Area 1 includes the area south of the South Central Regional Wastewater Treatment Plant (SCRWWTP) to Atlantic Avenue between 1-95 and the E-4 Canal. The project consists of providing reclaimed water main(s) from the SCRWWTP to the existing reclaimed water main at the City of Delray Beach Municipal Golf Course. A portion of the piping will also serve as the main supply pipeline to the western areas of the City's reclaimed water service area. Reuse Caoacitv Provided: Area I will serve two (2) reclaimed water users: . Atlantic High Schoo1.................................................110,564 gpd . City ofDelray Beach Municipal Golf Course ..........523.723 2lld Total Reuse Capacity: 634,287 gpd Summarv of Imorovements: A 30-inch reclaimed water main will be installed from the SCRWWTP south to the L-32 Canal and across Congress Avenue to the E-4 Canal. A 24-inch reclaimed water main will be installed along the E-4 canal south across Atlantic Avenue to the Delray Beach Golf Course. A 6-inch and 8-inch valve and meter box will be installed for the High School and Golf Course, respectively. Mathews Consulting 5-3 Section 5 Tabla 5.2 Engineer's Opinion of Probllbla Construction Cost Based on Conceptua' Design Aru 1 EsUmated Unit Quanlty Unit Price Total General General Conditions (5%) 1 L.S. $85,080 $85,080 Mobilization (2.5%) 1 L.S. $42,540 $42,540 Maintenance of Traffic 10,233 L.F. $2.5 $25,583 Clearing & Misc. Site Work (2.5%) 1 L.S. $42,540 $42,540 Reclaimed Water Main & Restoration 6" Valve & Meter Box 1 EA $8,500 $8,500 8" Valve & Meter Box 1 EA $12,000 $12,000 24" RWM in paved ROW - Minor Road 2,249 L.F. $95 $213,655 24" RWM in grass ROW 1,667 L.F. $70 $116,690 24" Jack & Bore 2 EA $45,000 $90,000 30" RWM in paved ROW - Minor Road 3,979 L.F. $105 $417,795 30" RWM in grass ROW 2,338 L.F. $90 $210,420 LWDD ROW Fixed Fee 2,941 L.F. $15 $44,115 Total Construction $1,308,917 10% Contingencies $130,892 20% Engineering, Legal Admin. Coals $261,783 Total Cost: $1,701,592 Mathews Consulting 5-4 . , ~ III " z* '" ... z ~DIll DDZ Io!~ ~~ ~~:3 c ~~~ ~~~ ~~ f~~ g:~J ~G: a~ . I I I ~ 0 , ~ . .... - ~ ~ 15... ~ ~~ ~ ~ i ~ ~~ 8 ,"" lll1.:ia :1 .111 ~ ~ "jj :.. I~ I r/}Io ~I~l E-< r/} 6 <~ ~'U fJ - :I:~ i 00.. ~ ~m In(/) m >-< <:::E ~ ~m a o~ :::E ~ ~a ~:::E I -~ 01&1 0: If r.l OJ ~ ;:J I " ~ 10 '" 91 Jd iJO'-;~ FW'dSOl JOIQ J dH\J'MJilS --Sal!J\ \ 'riV 9': ';r9n ';00,:/0':::/0 L '6NIp' 1:0 -s\'; ]~lil'll 1\1''' l\l)/ II V,11 '1"11\';1".1 ')', 1\ --- --.------- Agenda Item NO.~ AGENDA REQUEST Date: October 28, 2003 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 4. 2003 Description of item (who, what, where, how much): Staff reauests Commission aooroval of Service Authorization #18 for Mathews Consultina. Inc. for enaineerina services in coniunction with the construction of the reclaimed water main identified in Area 1 of the Reclaimed Water Master Plan. Scooe of services includes desian. olan oreoaration and oermittina of 10.233 linear feet of 24" and 30" reclaimed water main includina survevina and aeotechnical services as well as oreoaration of reclaimed water standards, svstem ooeratina orotocols and standard user aareement. Total orooosal is $126,827 with a time element of 30 weeks. Fundina is available in Water & Sewer Connection Fees, Account #441-5181-536-65.96, Reclaimed Water Transmission. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YESINO Recommendation: Staff recommends aooroval of Service Authorization #18 to Mathews Consultina. ~ Department head signature: ~ /6 -~-63 Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review ({~~d on jftems iOVOl1njl expenditure of funds): Funding available Y NO (, I() ~i ~ Funding alternatives: (if applicable) Account No. & Description: It'll-51 'il/-S:Jb- 6s, '" k"(';l"'V!.v.f<r -r;-....n-./UI<W Account Balance: f 11"'7.:>1 5'1# , City Manager Review: Approved for agenda:@NO tfJ11 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved [IT' DF DELIR' BER[H '! ...~ CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 DElRA Y BEACH Writer's Direct Line: (561) 243-7090 , l 0 . Ie>'" - MEMORANDUM ~IIJ! DATE: October 21, 2003 TO: City Commission ~"f:tlI~~en;~ger ..... FROM: Brian Shutt, Assistant City Attorney SUBJECT: Acquisition of Lot 14, Block B, Carver Memorial Park; NW. 15th Avenue Attached please find a resolution adopting a contract for sale and purchase of the above-referenced property. Acquisition of this property was requested by the Engineering Department and the property will ultimately be utilized for drainage retention purposes. The sale price is $17,597.00 which includes attorneys fees and costs incurred by the Rufus Norman estate in the transaction. Please call if you have any questions. By copy of this memorandum to the City Manager, our office requests that this item be placed on the agenda for the November 4, 2003 City Commission meeting. Attachment cc: Barbara Garito, City Clerk Randal Krejcarek, City Engineer Michael Brown, Esq. '6K -----~--- RESOLUTION NO. 73-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOT 14, BLOCK B, CARVER MEMORIAL PARK AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND THE RUFUS NORMAN ESTATE. WHEREAS, the City of Delray Beach, Florida desires to acquire Lot 14, Block B, Carver Memorial Park, for drainage retention purposes; and, WHEREAS, it is in the public interest to purchase the property described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of theQity of Delray Beach, Florida hereby agrees to enter into a contract with the Rufus Norman Estate in order to acquire Lot 14, Block B, Carver Memorial Park, as recorded in Plat Book 20, Page 56 of the Public Records of Palm Beach County, Florida for the amount of Seventeen Thousand Five Hundred Ninety-Seven Dollars and 00 cents (US$17,597.00). Section 2. That the terms and conditions contained in the aforementioned contract for the acquisition and purchase of the real property described above are hereby incorporated herein as Exhibit "AU and can be further reviewed in the office of the City Clerk, 100 NW. 1st Avenue, Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the day of November, 2003. MAYOR ATTEST: City Clerk ----- ----". ---------------_._--~ ----- ------,------- . , CONTRACT FOR SALE AND PURCHASE THE ESTATE OF RUFUS NORMAN, SR ("Seller"), and CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall purchase the following real property ("Real Property") upon the following tenns and conditions: 1. DESCRIPTION: Lot 14, Block B, Carver Memorial Park, according to the plat or map thereo~rded in Plat Book 20, page 56, of the Public Records of Palm Beach County, Florida. ~ I ?,5"I7 2. PURCHASE PRICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .US$lS,S97. 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties prior to such offer being withdrawn by the first party signiIig, the deposit(s), if any, will, at Buyer's option, be returned and this offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer or the date the City Commission of the City of Delray Beach approves this Contract. A facsimile copy ofthis Contract and any signature thereon shall be considered for all purposes as originals. 4. TITLE EVIDENCE: At least one (I) week before closing date, Buyer shall obtain a title insurance commitment. 5. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered within sixty (60) days from the date of execution unless extended by other provisions of this Contract. The sixty (60) day period shall be hereinafter referred to in this contract as the "Inspection Period." 6. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, pmhibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 Y, feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; asswned mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. 7. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Real Property is intended to be rented or occupied beyond closing, the fact and tenns thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Real Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer asswnes all risk of loss to Real Property from date of occupancy, shall be responsible and liable for maintenance from that date, -"-~~~--~---~--,-_._. .-.-.-------- ----~-_._-- . .' , and shall be deemed to have accepted Real Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. 8. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. 9. ASSIGNABILITY: Buyer may not assign Contract. 10. ENVIRONMENTAL ASSESSMENT AND OTHER INSPECTIONS: During the inspection period as set forth in Paragraph 5 above, Buyer and its engineers, surveyors, agents and representatives shall have access to the Real Property upon reasonable notice for purposes of survey, testing and inspection thereof, including the performance of a Phase I site assessment, or its equivalent, and any other environmental assessments or inspections that the Buyer in its discretion desires to perform. All surveys, testing and inspections shall be conducted by Buyer at its expense, and shall be performed by licensed persons of firms dealing in the respective areas tested. In the event that Buyer requires further inspection time hereunder for any reason, Buyer may provide written notice to Seller of such fact and the inspection period may be extended once and only once by sixty (60) days from the end of the initial inspection period. In the event that such inspections shall reveal a deficiency in the Real Property, as determined by Buyer in its sole and absolute discretion, Buyer shall have the right to terminate this Agreement at any time during the inspection period (either initial or extended) by giving notice thereofto Seller, whereupon the parties shall be relieved of all further obligation hereunder. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encwnbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit( s) paid which shall innnediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Snrvev: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on sethack lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Inness and Eness: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the -2- -.- . tenants occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. .bW!!: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to Real Property for ninety (90) .days immediately preceding date of closing. If Real Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materiahnen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon- tractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closlnl!: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or nationaIlegal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall eXtend to 5 :00 p.m of the next business day. H. Documents for Closlnl!: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments, closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Exoenses: Documentary stamps on the warranty deed and recording corrective instruments shall be paid by Seller. Recording warranty deed shall be paid by Buyer. J. Prorations: credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Real Property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiwns shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for rnaxinnnn allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January Ist of year of closing which improvements were not in existence on January Ist of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequentiy readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Soecisl Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. FeaslblJltv studies: The Buyer shall have sixty (60) business days following the Effective Date of this Contract within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to -3- . . tenninate this Contract at any time during said period for any reason or no reason, in Bnyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. M. Risk of Loss: If the Real Property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the Real Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Real Property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of cancelling the agreement and receiving return of deposit(s). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement Failure of clearance of funds shall not excuse Buyer's perfonnance. If in doubt as to Agenfs duties or liabilities under the provisions of agreement, Agent may, at Agenfs option, continue to hold the subject matter of the escrow until the parties mutua1Iy agree to its disbursement, or until a judgment of a court of competeni jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any snit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific perfonnance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Alrreement Not Recordable: Persons Bound: Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shaII bind=d inure to the benefit of the parties and their successors in interest. Whenever the context pencits, singular shall include plural and one gender shaII include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Convevance: Seller shall convey the Real Property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the Real Property. R. Other Al!reements: No prior or present agreements or representations shaII be binding upon Buyer or Seller unless included in this Contract No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it -4- ~ . .- . S. Warranties: Seller warrants that there are DO facts known to Seller material1y affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: City of Delray Beach SELL . "e ~ By: By' - ~ Jeff Perlman, Mayor P tNllIl}!(;_?!/O/M>. ~IKQ" f~"'o.!'~. E:5.~'tj \oJIl~"""" ATTEST: Social Security or Tax !.D. No.: ~4- 21-9036 City Clerk Approved as to Form: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was ~ before me this --'12- day of 2~by who is ersonall own to me or who has prod as entifi tion. Si e of Notary Public- S ate of Florida OFFlClALN AA 5 ANAMAMARO NafARY PUBUC Sf ATE OF FLORIDA COMM'.s&ION NO. DlJll92150 M"LCO~I.!>..tf.SSJDN E},.'P. Fda 25 -5- - -- - --- ---- ----- --- --------~--------_._---------- ~ [ITY DF DElRAY BEA[H f'~L~': B~A!=~ ItI8IIII 100 NW 1st AVENUE . DELRAY BEACH. FLORIDA 33444 . 561/243-7000 Ail-America City , lilt! MEMORANDUM 1993 TO: David T. Harden, City Manager 2001 ~obert A. Barcinski, Assistant City Manager FROM: DATE: October 29, 2003 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 4, 2003 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE A VENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for December II, 2003 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 to NE 2nd 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. BACKGROUND Attached is a request for approval and City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is $6,665. Actual overtime costs for last year's event were $6,720. Barricade rental charges are estimated at $155 for City barricades and $350 for private rental. Per the new event policies Joint Venture will be required to pay 50% of charges over $5,000 plus cost of private barricade rental. Attached is a copy of a certificate of insurance, hold harmless agreement, and event budget. RE.COMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, and use of City barricades, with payment to be made per policies and procedures. RAB/tas cc: Lt. Geoff Williams Joe Weldon Dennis Kelly Harold Bellinger FiJe:U:SWEENEY/EVENTS Doc:Art & Jazz December 2003 '6L.. @ Printed on Recyc/p(1 Paper THE EFFORT ALWAYS MATTERS ''\![[) October 22,2003 OCT? 'f ?~n1 . I , .:'.\GEl-"( avenue Mr. Robert A. Barcinski ()>>fl11~ City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 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 scheduled for Thursday, December 11, 2003 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 Atlantic Avenue from Swinton to NElSE 7'h Avenue 0 South side of Atlantic Avenue from 7'h to just past the Blue Anchor Pub 0 Railroad Way from Atlantic Avenue to N.E. 1st Street 0 NE 2nd Avenue from Atlantic Avenue to NE 1st 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 and banners and signage setup and removal. The City's support of this event, with no charge to the Joint Venture, is crucial to Ol,lr success. Your consideration and cooperation is very much appreciated. s~v/ MARJORIE FERRER Downtown Coordinator Isk DELRAY BEACH JOINT VENTURE. Community Redevelopment Agency. Delray Beach Chamber of Commerce . Downtown Developmental Authority 64-A S.E. Fifth Avenue, Delray Beach, FL 33483. Tel: 561-279-1380 Ext. 16. Fax: 561-278-0555. www.downtowndelraybeach.com .- ,~.--,- . ' . \ i I . : I . I . . I ; I . : i , . '\ . . ' . . ", -'. . ~ \ j 'I . . I . I SPECl.t)L EVENT . ' 1 i. . HOlD HARMLESS AGREEi:AENT: \ . : The Po~town Oelrav Beach Joint Venture In coosiderition of the ~yment of ten (10) \ ~ . . (Name of Entity}. .. . I ; doUars. recelpt of wpich Is tiereby acknowledged, aSf!*$ to Indemnify, hold harm~7$ ~. and defend the City. of Delray Beach. Its agents and Elll'\Ployees from aD suits, aooa:l'.~. , and clalms Including attorney'!; fees and costs atttmdent to atly cla~, Iltigatic)t~, ' , edmin\$ttative proceeding, appeal and Judgment of every name and desaiption bco~11 ! against the City as II result of loss. damage or Injury to person Of p(Operty arising fro/"i' \. and In exchange for the Downtown Oelrav Beach Joint Venture use of City faalmes or. I ; . .. (Name of Entlty). '.. .' .. '. ", : . property for the speCIal event of "'AAT & .p.;zz and he.::.eby releases the City ofDe\l1t~ : Beach, its. agents and employeas from aU suits. actio~. and claims. including atlQmey'~ . . fees and costs attendant to any clalm. litigation, admlni&trative proceedings, aPPeal a(I<~ · judgment o~' every n:we and descriptio~. ~rought agail'!st the. City as a tellult of Io~{ \ dar?age or Injury to person Of property arJSUlg from the ~pecIal.event of ART & JAZZ ' :. i . ..' (Name of EntitY) . : i ~ This Indemnification and Hold Ha(m\ess and Defend Agre!!ment is onlY to tlie exte!T~ i '. of insurance malntalned 'r1i the Downt~ ~ray Beach Joint Venture as' covered und~:i' i &ottsdale InsUrance ,Campany Policy number CLS0737I02 : i ; I . _&J/W. . . ~'I: (NameofSpedalEvent). .,', . .~. . '. J ":.' . : I : ~a . ..,.. "\ . _' ..' .~ '. ~d(l{{{/I.. \. i : Witness . . . . Michttel U$ ck. Chairmari , !. ,. ;) 1/1 .. 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",. ., a 0 '" ' ..... \() i~ V) <0 "" : it) ('II R' ~g g <to ;;;~r N~~ r ..~ 0... 6-"; ~ i: . : q) _ . 1 ~ C " ~ 0 ~ 'l: ; ! ~ <> ... - .\. "... . ~ .1 .' ::: ... 'IV.' U') . Z!: 0 <:( En.... ,t ~ W : i 8 "] ~ ~ ~ ,~.!!.~ g Il ~ ~ I .. .!'J ~. ;~ ' ;:; ~ ~ .. l'l o. .. ._.. ! 1': l:: ~ i>> ll-!.~ ~ ;: W l,:j , n 0 fI):~ EO'" 0 E w U .!i i' \ !!! ,,11 ~" ~ ~ w ~ &! 0 g m N ~ il; 13 ~I a I.L :!; ~ "t . li4~~ ~:;;;; ;l ffi:t:J:~ 11~c15-;' ';::~ 80[(~"i J1. ~ ;i ::~ : 'i~ I~I ~ ~I~~ 8~8IJi~~ IIII~ I ! ~ ~~~; ;:1 ....:'... ..-'-"j. ;~~, '" ~ ! ACORD_ CERTIFICATE OF LIABILITY I~SURANC~_~ 01/ 2103 , ~~ ~1E"IS8UEDASA_TTEROF.I~ rr ONLY ANI! COtIFERllI<<) RIGIfT5 UPON ~ : rh.. Pl.._idge A'9ancy. Ino.. HOI DER. nus .......jlhU.1E DOES NOT j ? O. Drawer 730 ALTER nf.E COIIERAGE~ BY THE Pof~ llEL'f[ :le1.Xay B8ach FL 33447 Pbone:561-276-5221 W8x:S61-276-5244 ' INSURI!R.S AFFORDING COV~t.~ " : - --.. 'Scottedal.e r....uranoe i ; _II: ' ' Downtown DeJ..ray BeaCh Joint: ' . ~ . . veni':'r.' . __e: ~ -: 64 S. . 5th AYe1);U8 : -'" ! I ~ ~ ne1ray >>.-~h FL 334.4 .......'" ; ! i .i :ovERAGeS . TtE PdUCIE8 OF IISUIIAHI;E LIaTED m..DlNHaVE IteM.....TO 11IE IIISUM!D~NJ/atIE.POR 11EpducyPERlOD INDICATeD. ND'I'MTHSTANDItfG, ! j t ; . , IIttRl!OlJr--rr, n:RM OR CONDrIIQIrI OF Mf'f~ORontERDOCUMENTNTHlII!SPECTlD ~THlSCERJ1FICA1E ""v BE ISSUED OR 5 ! ...v~ nE"~I'lWOIIlDI!!DWtntE~DE&l:nlla HI9IEWiI. fil8lECTTD AU. "'T'QJ18.~ ~AlrilDCONOI't1DHS OF SUCH ! i . , . , POlICIE5. AGGIIIIQTELMTS ~ MAY I1AVI! II!{eN IIEtJUCetJ BYPM)QAIMS.. : i; : i ; . . T'lPEOP ....,.NCE ~- . ~ : .-rR UMlY -.1JAIIU1Y -; EACtf OCC'AIRREHcE .1000 A' :It" _'_UAIILITY CLB0737702 01/23/03~' - 01/23/04 ___ 5600 --,'.---.- ~"""" IlS] OCCUR Mft) EXP GMJror-.,....,: il exc1 _a__ i li'1000d~d " r GeNERAl. ~ t1 ~:n! ;!~ 1000 Q GEN'L~T&UMlTAI"PU9'" P'AODUC1"8..COt4"J1Jr~ -;a exo], Il . POLICY LClC i i . " AU-'lUIlM.J1Y t ~-"'Q~.....-ri'! Ii _.wro (Ea~ ! ~ ""_HIlDS i : ' . 1IOIllL1'........ r; !~ , SCHEDUUiDAlmls lPw_ 1 -"""'" IlOO&.1'_ ' ; I j _IWTOS c....._ :~ . ' . , ~'T~ . 'i ! ! IPW_ , . , ...........UUOUTY AUTOONI.Y-EAACCIDENT:. , i i _<WlO Cl1HER ~ EA:'ji' AbrO OHL~ i, i _UdIUn' EACHoca~1CC . , ' OCCUR D~1W>e : ~TE i S I i , : i IIOIlUC11IIJ! . , , . 0ETamllN . . ! ......, c. ElIl'\.....MD I ~~ i -.-LIOIlILI1Y ,. EL .....""""""'" ~ . . E.L OIRA!E - 9. DIP , :~ i I!.L DISI!ASI! . POlJCY UNIT, i! ........ ! i : t i; r . , E ~ I : I . i , , ......oPQfIlIiIIA -.oerU'[ VI'DltE. ... ! i I' ~~.' SY8I1t:a - 5Art Ii J,"* on the Avrmuel 8 s-r : , " .~ , . ! j I1gbte on ~ A......... / Bal,~o,cm GJ.ow. 'rbe Cj,ty of De1ray ::Beach is Hated all . : oddi.t:iouaJ. iruJured ~th respect to _ra1 LiebiHty ClNL~. l; ~ ~ ,-: i; ~ ! i I I ~ ! CK....R..ATE HOLDER N ____LImB: ~NeEI L.& i i . ; CIftD-l eHOULDM'I'..!nte_'..... 'CluelE58E .__ . ....'/11_.*'-___....__10..... L1\lL......' -TO-~,.--TO-UFf.8lir~p..'IDDll City ~ De1ray Beach. ......1I008I.IttA1IOII ORlMIaDYOfl N<<ICINO UPoItTIIE....... lIS . . lfA'IIri&. , . : 100 N... lat AYen~. . . , Ile1ray __ ~ 33483 ~.B.:' I ., ch I ., ! CORD ZS3 (7/97) ; j1r ! , i . . -': 1 01;. Pfi( [ITY DF DElARY BER[H pE,L~': B~A!=I-! ........ 100 N_W 1st AV~NUE:: . DE'LFlAY BEACH_ FLORIDA 33444 . 561/243~7000 AII-Amerl.a City , III I! MEMORANDUM David T. Harden, City Manager 1993 TO: 2001 FROM: ~Robert A. Barcinski, Assistant City Manager DATE: October 29, 2003 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 4, 2003 SPECIAL EVENT REQUEST-TURKEY TROT ACTION City Commission is requested to endorse the 17th Annual Turkey Trot sponsored by the Parks and Recreation Department on November 22nd from 7:30 a.m. to approximately 8:30 a.m. Commission is also requested to grant a temporary use permit per LDR's section 2.4.6(H) for the closure and use of A-I-A from Casurina to George Bush Boulevard and Casurina from Gleason to A-I-A from 5:00 a.m. to approximately 10:00 a.m., and to authorize staff support for traffic control, barricading and clean up, use of small stage and waiver of parking meter fees for Sandoway, Ingraham and Anchor Park as well as along Atlantic Avenue from Venetian to A-I-A from 8:00 a.m. until approximately 10:00 a.m. BACKGROUND Attached is a memo request received from Danielle Gallo, Marketing Coordinator, for this event along with an event map and other information. The estimated overtime for this event is $3,350, stage rental $250 and barricade rental $150. Per event policies and procedures since this is a City sponsored event there will be no charges for staff overtime or rental costs. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, request for staff assistance, and waiver of the parking meter fees from 8:00 a.m. until 10:00 a.m. RAB/tas File:u: sweeney levents Doc: Agenda Turkey Trot 2003 @ Prrnred on Recyclea Paper THE EFFORT ALWAYS MATTERS ~'\'J\ ~ ~ D E L.R A Y BEACH Parks (; ~~;ea~~' ~9oJ MEMORANDUM To: Robert Barcinski, Assistant City Manage@ From: Danielle Gallo, Marketing Coordinator Date: 10/27/2003 Reference: 17th Annual Turkey Trot The 17th Annual Turkey Trot will take place on November 22, 2003 at Anchor Park. We will start setting up at 5:00 am, including road closure. Registration will start at 6:00 am; the race will start at 7:30 am and end at 8:30 am. We will be out of the park by 9:00 am. The Turkey Trot is a 5K Run and Healthwalk along AlA to help raise money for the Keith Straghn Feed the Hungry Thanksgiving Drive. The race will start at Anchor Park, head north to George Bush Blvd., turnaround and finish back at Anchor Park. Attached please find two versions of the route map. If you have any questions, please feel free to contact me at x7277. Thank you. Cc: Joe Weldon, Director File Attachments: 2 S:\Parks & RecreationlSpecisl EventslTurkey Trol\2003\roule and time to barcinski .doc10127/031 0:28 AM [\~. , ~ frY DF OEJ..t<AY I3EJ9tLf-/ f\ 7t11l 5'1< ~Lc~gD L.oop /f . ~~p' ..5il'lfCI/HNISII &zVl./'l";.7~DIJNO): ~L.f:'AScW S7; rJ:.o' 0v5~~1 /7'3'/ N.,NE OF &.v(!IZ<;n::- FPl... PO<..r G ,r....-r./ I ALA 1 . AT Nv.J U.R./oJE/Z C.r- )..AN/[,pJ2.. LUHY /lNO --,_~. ' ..) , (; I"'~ J" :337 . t. bUo',lScYv .5i; /N t!i?~ OF 1?&iOWA)' r 10 ~ ~ r ~1 [: .. <:- . . -' 'G,\;D S \ MILE i. G:W, .~;O<;;'CFN. CJU;;/JNJj~o, 8 fGv\.SH... I { . 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OJ Rd, '::."t,j . w w -., ~ '- ;.! :!~ e. ~ ..., ~ 0 ~~Io (j~R"1 ini" u.1 -"" @ DE L.A A V B.E A C H Parks (; R~;e,~~' ~~ Delray Beach Parks & Recreation Department Special Events Requests Date: October 14,2003 Requested by: Danielle Gallo Marketing Coordinator Delray Beach Parks & Recreation Event Name: 17th Annual Turkey Trot Date: November 22,2003 Times: Starts at 7:30 am Req Item Notes xx Street Closure Permit 6:00 am to 9:00 am xx Trash Pick Up Cans and liners xx Police Staffing See attached xx Emergency MedicallRescue Paramedics at Atlantic Ave. and AlA at 7:30 Services am - 9:00 am. xx Barricades See attached xx Street Signs Event Parking Signs for Sandoway Park and InOr<lh..rn xx Parking Waiver For Sandoway, Ingraham, Anchor parks and Atlantic Ave from Venetian Drive to AlA xx Stage Y, small stage at Anchor Park S:\Parks & Recreation\Special Events\Turkey Trot\2003\Turkey Requests.doc 10/14/031 :58 PM , ~ r .. " - [ITY DF DElIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 561/278-4755 .... Writer's Direct Line: 561/243-7091 AlI._~CIly , ~ II t! MEMORANDUM 1993 DATE: October 31 , 2003 TO: City Commission to-.- ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Aqreement with Chris Evert Charities The attached agreement between the City and Chris Evert Charities (Charities) provides for the holding of the annual Chris Evert Pro-Celebrity Tennis Classic at the Tennis Center on December 5-7, 2003. The City shall make a $35,000.00 contribution to Charities with Charities making a $20,000.00 contribution to the Drug Abuse Foundation of Palm Beach County. By copy of this memo to David Harden, our office requests that this item be placed on the November 4, 2003 City Commission agenda. Please call if you have any questions. Attachment cc: David Harden, City Manager Barbara Garito, City Clerk Robert Barcinski, Asst. City Manager Becky O'Conner, Treasurer EN , . .. , AGREEMENT TmS AGREEMENT, made and entered into this _ day of .200 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "CITY"), and CHRIS EVERT CHARITIES, INC., (hereinafter referred to as "CHARITIES"). WITNES SETH: WHEREAS, the CITY owns and controls certain property upon which is located the City ofDelray Beach Municipal Tennis Center; and, WHEREAS, CHARITIES, is desirous of using the Municipal Tennis Center for the purpose of holding a sporting event to be known as the Chris Evert Pro-Celebrity Tennis Classic ("Classic") at the Tennis Center; and, WHEREAS, the CITY believes that holding the Chris Evert Pro-Celebrity Tennis Classic at the Municipal Tennis Center (the Site) will grant the citizenry of Delray Beach many tangible and intangible benefits; and, WHEREAS, CHARITIES understands that Coca-Cola Enterprises, Inc. (Coca-Cola) has exclusive pouring rights at the Tennis Center and CHARITIES shall not enter into any agreements that would be counter to Coca-Cola's pouring rights in the City unless otherwise agreed to by CITY, Coca-Cola Enterprises, Inc. and CHARITIES; and, WHEREAS, CHARITIES also understands that the CITY has an exclusive agreement with Ticket Master of Florida for the sale of tickets for events. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. LICENSE: TERM. The CITY hereby grants to CHARITIES for December 5-7, 2003, the right and privilege to stage, use, manage and operate the Municipal Tennis Center and necessary surrounding property for a two Day Classic. CHARITIES' rights shall cover an additional five (5) day period before the commencement of the Classic to set up necessary facilities and an additional day after the Classic to remove necessary facilities. . . " 1 2. LICENSE AGREEMENT ONLY. This agreement between the CITY and CHARlTmS is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a license agreement only. Furthennore, this License Agreement does not grant nor is CHARITmS receiving hereunder any rights to any real property of the CITY nor any property interests except as set forth in this agreement. 3. FACILmES AND SERVICES PROVIDED BY CITY. (a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to provide, at no charge to CHARITIES the following facilities and production assistance in connection with the conduct of and staging of the Classic: (i) use of an 8,200 seat stadium court and three (3) practice courts throughout the Classic (the "Courts") with "seat kills" to be in place by the CITY to reduce the seating capacity to 4,000; (ii) use of a mutually agreed upon number of courtside boxes and skyboxes; (iii) preparation and maintenance of the Courts throughout the Classic; (iv) television tower and platform and all necessary electricity to provide power to the tower and platform throughout the Classic; (v) a public address system; (vi) nets, net posts, single sticks, an umpire's chair, linepersons chairs, skirted tables, end and side line buntings, and numbered seating; (vii) parking for boxholders, players, sponsors, ticketholders, press, staff, and volunteers (CHARITmS to implement, manage and staff parking, including reserved areas); (viii) all electrical power and one on-site electrician (all costs and expenses are CITY'S responsibility) for the duration of the Classic (hook-ups not included); (ix) adequate space for and operation of concessions, retail booths, etc. (CHARITIES shall place and operate the concessions and retain all revenues from its concessions and retail booths); 2 ------ . '0 , (X) restroom facilities and supplies; (xi) additional courts for pro-am, clinics, etc., as mutually agreed; (xii) the use of areas for celebrities, press, press interview, tournament staff, volunteers, ballkids, 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; (xiii) on and off-site directional signage; (xiv) all necessary permits; (xv) on-site security including security for the celebrities, ticket office, and J?f press area; <1:"0 ~"",,~,~~+"u"~:"'1 c"~'-'J~ -r..._ t:"~;cl.y p^,,- -l-~_.'"J~ M.~6.y II""; (xvi) adequate police, fire support and traffic control; (xvii) teaching professionals to assist with tennis pro-ams held in connection with the Classic; (xviii) mutually agreed upon marketing and sponsorship support of the Classic; and (xix) access to utilities to include but not be limited to water/sewer, electricllighting; (xx) reasonable use of the gymnasium at the Community Center, including floor cover as provided by the Community Center; and (b) During the term of this Agreement (defined below) CITY agrees to pay to CHARITIES the following amounts with respect to the Classic: (i) Year Pavment Amount Due Due Date 2003 US$35,000 $17,500 Upon the Execution and Delivery of this Agreement $17,500 December 30, 2003 (ii) CHARITIES will contribute (US$20,000.00) to the Drug Abuse Foundation of Palm Beach County, Inc. within thirty (30) days of receipt of the CITY'S payment. 3 . (iii) If CHARITIES fails to hold the Classic, on or before December 30, 2003 and the CITY has paid the $35,000.00 to CHARITIES, then CHARITIES will refund the $35,000.00 to the CITY by January 30, 2004. (c) If CHARITIES has ticket sales greater than $135,000.00 but under $175,000,00 then it shall pay to the CITY 15% of that amount over $135,000.00 but under $175,000.00. If CHARITIES has ticket sales greater than $175,000.00 then it shall pay to the CITY 17.5% of that amount greater than $175,000.00 on top of the 15% of the amount greater than $135,000.00. Such payment shall be due within 30 days of the conclusion of the Classic or within 30 days of CHARITIES receiving money from ticket sales from Ticket Master, whichever is later. 4. STAGING AND PRODUCTION OF CLASSIC. The organization, staging, and conduct of each Classic will be the responsibility of CHARITIES, which responsibilities shall include the following: (a) handling ticket and box office sales that do not utilize Ticketmaster; (b) Obtaining a Classic Director, all personnel involved in each Classic, and the Classic participants; (c) Administering the entire Classic; (d) Setting up each Classic on-site and handling all on-court activities of the Classic; (e) Soliciting sponsorship sales and television rights sales for each Classic; (f) Handling promotions, advertising, sales, public relations, and program production for each Classic; (g) Liaising with the charity beneficiaries selected by CHARITIES for each Classic; (h) CHARITIES shall be responsible for site clean-up ofrestrooms and for garbage pick-up; (i) CHARITIES is responsible for 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; and G) CHARITIES shall pay for all dumpsters needed for the event; and Cjtj ",il( .....~..,< -h (k) CHARITIES shall pay for all expenses relating to phone usage by CHARITIES, I,.v~ fl" including, but not limited to, hook-up, dial tone, and usage charges. d~"'pJh.., 5. ACKNOWLEDGMENT BENEFITS. e-,...;.l 1.+ c.;'t-..{s C'll.,..... 4 @t . In acknowledgment of the services provided by the CITY in Paragraph 3 hereof, CHARITIES agrees that CITY will have the following acknowledgment rights in relation to the Classic, subject to the provisions of this Agreement: (a) Recognition of Tennis Center as the Host Site of the Classic; (b) Inclusion of CITY'S name and/or logo in all print, radio, and television advertising created by CHARITIES to promote the Classic; (c) Inclusion of CITY'S name on the front cover of all promotional materials created and distributed by CHARITIES; (d) Inclusion of CITY'S name in all press materials; (e) One (1) full-page promotional acknowledgment in the Official Classic Program (CITY to provide camera-ready copy in advance of publication deadlines) and listing on the program cover; (f) Audio and graphic mentions during the telecast and best efforts to create overview shots of Delray Beach in the opening of the broadcast; (g) Sixteen (16) box seats and twenty (20) tickets per session; (h) Thirty-Two (32) invitations to the Chris Evert cocktail reception; (i) Four (4) seats at the Chris Evert Black-Tie Gala; (j) Two (2) center court banners (to be provided by CITY at its sole expense and subject to the prior approval of CHARITIES); (k) Use of booth space on-site for promotional purposes (with all material subject to the prior approval of CHARITIES); (1) Special ticket offer for members of the Tennis Center to attend the Classic; (m) Participation of CITY in press conferences for the Classic; and (n) Participation in center court awards ceremony. 6. CLASSIC EXPENSES AND REVENUES. (a) Subject to Paragraph 43 hereof, CHARITIES shall be responsible for collecting all revenues generated by, and paying all expenses incurred for, the Classic, except for those expenses associated with CITY'S obligations set forth herein. 5 . , . (b) CITY acknowledges that CHARITIES will not pay CITY for any expense incurred by CITY in conjunction with the Classic unless CITY has submitted a written estimate of such expense to CHARITIES and obtained written approval from CHARITIES of such expense in advance. 7, INSTALLATION OF FLOORING. The CITY shall provide, at CHARITIES' option, up to 10,000 square feet oftemporary flooring for the Classic. CHARITIES shall be responsible for paying all costs up to and not to exceed three thousand five hundred dollars (US$3,SOO) for installation of the initial 10,000 square feet of flooring. The CITY shall be responsible for the actual installation of the floor. If more than 10,000 square feet of flooring is required by CHARITIES, then CHARITIES shall pay all costs involved in obtaining such additional flooring and for all costs of installation of the additional flooring. 8. OFFICE SPACE. The CITY shall provide to CHARITIES office space in the community center and reasonable use of the board room and ticket window section of the ticket office at a date beginning upon the Monday preceding the Event and ending one day after the completion of the event. The exact space to be use by CHARITIES shall be determined as mutually agreed upon by the parties. In the event the parties cannot mutually agree upon a space, the CITY shall have the sole discretion to determine the space to be used by CHARITIES. Upon vacating the office space, CHARITIES shall leave the space utilized in a condition equal to that which existed on the date CHARITIES occupied the space, ordinary wear and use thereof only excepted. 9. FORCE MAJEURE. If CHARITIES or the CITY is prevented from or interfered with in any manner whatsoever in fully performing its agreements (including its ability to conduct the C1assic(s)) hereunder, for any reason beyond its reasonable control such as any law, regulation, act of God, earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of a common carrier (the foregoing all being examples of an "event of force majeure''), then 6 , , , CHARITIES' and the CITY'S obligations hereunder will be suspended as often as any such event of force majeure occurs and during such occurrences, CHARITIES' and' CITY'S nonperformance will not be deemed a breach of this Agreement 10. AUTHORIZED AGENT. CHARITIES hereby designates International Merchandising Corporation, 768 North Bethlehem Pike, No. 302, Lower Gwynedd, Pennsylvania 19002, Attn: Barbara Perry, as CHARITIES' authorized agent for all purposes hereunder. All notices or submissions to be made or delivered by CITY to CHARITIES pursuant to this Agreement shall be delivered to said address free of all charges, such as, for example, shipping charges and customs charges. 11. TAXES. CHARITIES shall be liable for any and all taxes which are or may be imposed as a result of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to, sales and use tax. 12. PROOF OF INSURANCE. CHARITIES shall provide the CITY with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit "A" to this agreement. Proof of such insurance shall be due by 30 days prior to the first day of the event. The insurance shall name the CITY and its designee as additional insured. 13. FINANCIAL RESPONSmILITY. CHARITIES agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for the Classic including, but not limited to, all accounting and reporting as may be required by law. CHARITIES further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of the Classic, and which are not provided for in this Agreement. 14. OTHER SERVICES AND SUPPLIES. CHARITIES further agrees that all services and supplies not specifically identified herein shall be provided by or through CHARITIES. 7 --- ----- , , , 15. CONCESSION RIGHTS OF CHARITIES. CHARITIES may sell food, beverages, confections, refreshments and novelties or may, subject to approval by CITY, contract with another to provide such service except that CHARITIES will not offer for sale items that are prohibited by the CITY'S agreement with Coca-Cola of Florida (attached hereto as Exhibit "B"), unless otherwise agreed to in writing by CITY, Coca-Cola Enterprises, Inc. and CHARITIES. In providing the concession service, CHARITIES or any person, finn, or corporation with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply with the following provisions provided, however, that CHARITIES 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. All food, drinks, beverages, confections, refreshments, etc. sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. c. Concessionaire may have the option to sell alcoholic beverages at the Tennis C~ter. Sale of alcoholic beverages must comply with all federal, state, county, and municipal laws, ordinances and regulations and must be properly licensed by the State of Florida. 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 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 services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. S , , . 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 CHARITIES, 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; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars 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 cancelled or amended without at least ten (10) days written notice to the Risk Manager of CITY and shall name CITY, its officers, agents and employees as additional insured. 16. ACCEPTANCE OF TOURNAMENT SITE. (a) Prior to the Classic, CHARITIES may inspect and examine the Site to determine that said Site is in adequate and satisfactory condition for the uses contemplated. CHARlTIES assumes full responsibility and liability for all damages, losses and liability caused by conditions on the Site, which arise once it commences use and occupancy of the Site, and which conditions are caused by or result from the actions of or failure to act by CHARlTIES, its employees, agents or representatives, or by the actions of or failure to act by exhibitors, independent contractors, workers or invitees of CHARITIES while on the Site. CHARlTIES indemnifies, defends and holds CITY, and its designee, harmless for any such claims unless such damage, loss or liability was caused by conditions on the Site which are inherent in the structures involved, or the direct result of CITY'S (including its employees and agents), negligence or misconduct. (b) CITY, and its designee, shall not be responsible for any damage or injury to, or personal conduct, safety and welfare of CHARlTIES, its employees, agents or representatives, or exhibitors, independent contractors, workers, and invitees while on the premises and CHARITIES expressly indemnifies, holds harmless and releases CITY from any and all such claims, damages, losses or liability associated therewith, unless such claim, damage, or liability is the result of CITY'S (including employees and agents) negligence or misconduct. 17. REPAIR. REPLACEMENT AND MAINTENANCE. 9 CHARITIES shall pay all costs for cleanup, repair and replacement and all damages of whatever origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which may occur during the term of this Agreement in order to restore the Site to a condition equal to the condition at the time CHARITIES occupies the Site. CHARITIES shall be responsible for clean-up of the Site during and after the Classic. If at any time CITY determines that the clean-up services provided by CHARITIES are not adequate or that said services endanger public health and safety, CITY shall notify CHARITIES in writing and if CHARITIES fails to clean up after receipt of written notification, CITY may provide these services. CHARITIES shall reimburse CITY for the costs of providing these services and for the actual costs of any supplies. 18. TICKET SALES. All tickets for admission sha1l contain language approved by CHARITIES and CITY establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, CHARITIES shall provide City Manager or his designee with the established selling price of each type and kind of ticket for his review and approval. 19. ADVERTISING MATTER. (a) CHARITIES agrees, subject to its rights, if any, under any applicable License Agreements, to identify the City of Delray Beach as the site of the Classic in all publications, advertising and any electronic broadcast, and to permit CITY to use CHARITIES' trademark or any trademark authorized to be used by CHARITIES, and CITY agrees to permit CHARITIES to use the CITY'S name and logo and trademark during the term of this Agreement solely in the connection with the Classic. CITY agrees that promotional material created by CITY with regard to the Classic is subject to the approval of CHARITIES. CHARITIES agrees that any material submitted by CITY will not be unreasonably disapproved, and, if it is disapproved, that CITY will be advised of the specific grounds of the disapproval. (b) All printed material and advertising matter to be used prior to or at the Classic which include the name City of Delray Beach or its official seal shall be submitted to the City Manager or his designee for his approval at least two (2) days prior to the proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or his designee. CITY 10 . , , agrees that it shall always use the official name of the Classic as designated by CHARITIES and no other name when making reference to the Classic in CITY'S promotional materials. . (c) If CHARITIES is able to secure television coverage for the Classic, CHARITIES shall ensure that any such television coverage of the Classic shall specifically (jJf mention the CITY as the host in the opening of each and every broadcast. CHARITIES will ""'.. ~cJ l- e .f.ro.-b-le provide CITY with an overview of the City of Delray Beach. (d) CITY or its designee, at the request of CHARITIES, shall temporarily cover advertisements, corporate logos or trademarks that appear throughout the Tennis Center, at its sole expense. 20. EVENT PERSONNEL AND EOUlPMENT. CHARITIES shall provide all personnel needed for the Classic, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands except as otherwise set forth in Paragraph 3( a) or elsewhere in this Agreement. 21. POLICE AND EMERGENCY PERSONNEL. CHARITIES agrees to make arrangements with the CITY Police Department to provide for CITY police personnel which the CITY determines, in its sole discretion, is necessary for the Classic. Also, CHARITIES shall contact the CITY Fire Department to make arrangements for Emergency Medical Technician personnel to be present at the Classic. 22. CITY'S RIGHT TO CONTROL PREMISES. CITY at all times..reserves the right to eject or cause 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 CITY nor of any its officers, agents or employees shall be liable in any manner to CHARITIES or its officers, agents or employees for any damages which may be sustained by CHARITIES through the exercise of this right by CITY. 23; ALCOHOLIC BEVERAGE LICENSE, In the event an alcoholic beverage license is required, CHARITIES or its agents' shall apply for and obtain a temporary alcoholic beverage license from the State of Florida Department 11 . . of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic beverages at the Site for the Classic. CHARITIES, or its agents, shall display said license in a conspicuous place at the Site of the sale and/or distribution of the alcoholic beverages. CHARITIES shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. CHARITIES, or its agents, shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations. 24, VACATION OF CLASSIC SITE. CHARITIES agrees to vacate the licensed Classic Site no later than one (1) day after the completion of the Classic; to leave said Classic Site in a condition equal to that at the commencement date CHARITIES occupies the Classic Site each year, ordinary wear and use thereof only excepted, and that CHARITIES shall remove from the Classic Site within five (5) days following the closing of the Classic, all material and equipment owned by CHARITIES. 25. NON-DISCRIMINATION. A. That CHARITIES for itself, its personal representatives, successors in interest, assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground ofrace, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination. 3. That CHARITIES shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving 12 ,------- , , , Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of a proven breach of any of the above non-discrimination covenants, the CITY shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. C. CHARITIES shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 26. CHANGE IN LAW, During the term, the CITY reserves the right to restate and/or renegotiate with CHARITIES such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the downtown site. In the event that the CITY and CHARITIES are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 27. CANCELLATION BY CITY. The occurrence of any of the following cause this Agreement to be automatically terminated: A. Institution of proceedings in voluntary bankruptcy by CHARITIES. B. Institution of proceedings in involuntary bankruptcy against CHARITIES if such proceedings lead to adjudication of bankruptcy and the CHARITIES fails within ninety (90) days to have such adjudication reversed. The CITY shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to CHARITIES specifYing the amount of payment(s) in default, to 13 . . terminate this Agreement whenever the non-payment of any swtt or sums due hereunder continues for a period of ten (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if CHARITIES makes the required payment(s) during the fourteen (14) calendar day period following receipt of the written notice. 28. DEFAULT BY CHARITIES. The CITY may terminate this Agreement for cause upon CHARITIES' failure to perform any of the terms and conditions of this Agreement and such failure in performance not remedied by CHARITIES within thirty (30) days after receiving notice in writing of such default or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and the CITY'S intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the CITY. 29. DEFAULT BY CITY. CHARITIES may terminate this Agreement for cause upon CITY'S failure to perform any of the terms and conditions of this Agreement if such failure in performance was not remedied by CITY within thirty (30) days after receiving notice in writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and CHARITIES' intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from CHARITIES. 30. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 14 --------------- , , . , To CHARITIES: International Merchandising Corporation Re: Chris Evert Pro-Celebrity Tennis Classic 768 North Bethlehem Pike, No. 302 Lower Gwynedd, P A 19002 Attn: Barbara Perry or to such other addresses as either party may designate in writing. 31. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be govemed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 32. INDEMNIFICATION. (a) To the fullest extent permitted by laws and regulations, CHARITIES agrees to indemnify, defend, save and hold CITY, its officers, agents, employees and assigns and Dubin & Associates, Inc., hannless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the use, maintenance, or operation of the licensed facilities, including but not limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by CHARITIES or its officers, agents, employees, or independent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by CHARITIES, its players, agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either CHARITIES or any player, agent or employee of CHARITIES: (c) the breach by CHARITIES of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by CHARITIES in this Agreement. CHARITIES shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to 15 , , , reasonable attorney's fees and costs to defend all claims or suits, in the name of CITY when applicable. (b) CHARITIES agrees to defend all actions to which this Paragraph 30 applies, in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this indemnification agreement. (c) Such indemnification shall be limited to the amount of commercial general liability insurance which CHARITIES is required to obtain under this License Agreement. (d) Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Paragraph 32 shall survive the execution, delivery and performance of this Agreement. 33. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any property placed on the Site by CHARITIES, its agents, employees, representatives, independent contractors or invitees. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be snstained by reason of the use and occupancy of the Site under this Agreement, unless such damage, loss or liability is caused by CITY'S (including employees and agents) negligent, reckless or intentional act(s). If any claim or cause of action is brought against the CITY relating to personal property as contemplated by this paragraph, and where such claim or cause of action is not founded on the negligent, reckless or intentional action of the CITY (including employees and agents), then CHARITIES shall defend any such action in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this agreement. 34. INDEPENDENT CONTRACTOR STATUS. CHARITIES and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services 16 . , . performed by and under the terms of this Agreement or for any other reason whatsoever. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 35. WARRANTY. Except as otherwise provided for herein, the CITY and CHARITIES represent that they have, to the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either CHARITIES or CITY is a party. 36. ASSIGNMENT. This Agreement shall bind and inure to the benefit of CHARITIES and the successors and assigns of CHARITIES. The rights granted CHARITIES hereunder shall be exclusive to it and shall not, without the prior written consent of CITY, be transferred or assigned to any other. 37. RESERVATION OF RIGHTS. All rights not herein specifically granted to CHARITIES with respect to the Classic shall be and remain the property of CITY. 38. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between CITY and CHARITIES in respect to the subject matter of this Agreement and supersedes all prior agreements. 39. EXECUTION AND DELIVERY REOUIRED. This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part of CHARITIES or CITY, or either of them, unless and until it has been signed by representatives of CHARITIES and CITY and delivery has been made of a fully-signed original. 40. CHARITIES' TAX-EXEMPT STATUS. All activities and operations of CHARITIES will be consistent with an organization which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code, by virtue of being an organization described in Section 50l(c)(3) of the Internal Revenue Code. To conflict with CHARITIES' tax-exempt organization, such obligation is hereby waived by CITY 17 . . ^ and shall not be binding upon CHARITIES. In the event any obligation to CITY is waived on account of the foregoing sentence, suitable alternative arrangements, consistent with CHARITIES' tax-exempt status, will be made so as to avoid any inequity to CITY. 41. THIRD PARTIES. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 42. VENUE. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 43. TICKETMASTER. (a) CITY or its designee shall provide the services of its facility and box office through Ticketmaster only for those tickets elected by CHARITIES to utilize such services in counection with the Classic. These services will be provided in a timely, professional and diligent manner and in accordance with CHARITIES reasonable ticket specifications. CHARITIES agrees that it will provide facility and box office services for those tickets for which CHARITIES does not elect to utilize the services through Ticketmaster. (b) In full payment for the ticket services, CHARITIES agrees to CITY imposing a two and one half percent (2.5%) charge against ticket proceeds where such proceeds are generated through credit card sales and five cents ($.05) per ticket for ticket stock. CITY acknowledges that no other amounts will be charged to CHARITIES (other than payment of state sales tax) for ticketing for the Classic. (c) CITY shall pay ninety percent (90%) of all amounts due to CHARITIES upon completion of the event. CITY shall pay the balance of the remaining ten percent (10%) to CHARITIES within 60 days after the completion of the event, less amounts for which refunds have been issued. If CHARITIES fails to hold the event as scheduled, CHARITIES shall be responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation or 18 ----- . . I ," 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. 44. APPROVALS. All approvals to be given by a party under this Agreement shall not be unreasonably withheld or delayed. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATI'EST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form: City Attorney WITNESSES: (print or type name) STATE OF 1- ~ 7t...,'L' 0 SEAL COUNTY OF /I-.J.l~.n '-Y' . # The foregoing instrument was acknowledged before me this;z.f -- day of ?ltt.1-~11?J2 , 200~ by i','MA/lA.... /l,jl~'; . of CHRIS EVERT / CHARITIES, INC., a corporation, on behalf of the corporation. He/She is personally known to me/or has produced 'oI!, iJl?/l. 'S J:~...';J ~ (as identification). ~~#/~ s(gnatur of Notary Public NoIIUial Seal = M.AIIlradW, ~ BolO, MOlIlllO...." My CommIsIlon EllplrW JIIiI. 24, MImlIor,~_oINotll1188 19 oK, t1q [IT' OF DElIR' BER[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 561/278-4755 DELRA Y BEACH Writer's Direct Line: 561/243-7091 , I 0) I I D .. .... ANmerICI CIty MEMORANDUM ~IU! DATE: October 28, 2003 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Representation of Claims/Suits Arising From the Activities of Linda Marks and James Marks The City Commission previously approved the appointment of outside counsel in the Hoffert v. City case stemming from activities of Linda and James Marks. Since that time several additional claimants have also attempted to include claims against the City arising out of the activities of Ms. Marks. The purpose of this letter is to confirm that the City Commission authorizes outside counsel Steve Radford to represent the City and Fred Gelston to represent any named officers in all claims and cases stemming from activities of the Marks' in the amount of $110.00 per hour. Please place this appointment of outside counsel clarification request on the City C m' sion consent agenda for November 4, 2003. cc: Harden, City Manager ra Garito, City Clerk 80 MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: CIlY MANAGER ~ SUBJECT: AGENDA ITEM # 'B - REGULAR MEETING OF NOVEMBER 4. 2003 DEVELOPER AGREEMENT /YORK BUILDERS. INC. DATE: OCTOBER 31, 2003 This is before the Commission for approval of the Developer Agreement with York/Builders, Inc. in the amount of $10,600.00 for roadway improvements in the 1000 Block of S.W. 8th Avenue. York Builders is constructing two single family homes in the 1000 Block of S.W. 8th Avenue which is currently an unpaved road. As part of the development requirements, the developer is to provide one-half of the road improvements from S.W. 10th Street to the south end of the south lot being developed for a distance of approximately 212 feet. The City is entering into an agreement with the developer where the developer will pay the City for the improvements required. Recommend approval of the Developer Agreement with York Builders, Inc. for roadway improvements in the 1000 Block ofS.W. 8th Avenue. S,\Gty Cierl<\ogenda memos\DeveloperAgreementYorl< Builde".11.1l4.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager U FROM: Randal L. Krejcarek, P.E., City Engineer a DATE: 21 Oct 2003 SUBJECT: SW 8th Ave Roadway Improvements Project # 2003-057 Developer Agreement This agenda item is for Commission approval/authorization for Mayor to execute an agreement with York Builders for roadway improvements in the 1000 Block of SW 8th Avenue. York Builders is constructing two single family homes in the 1000 Block of SW 8th Avenue. SW 8th Avenue is currently an unpaved road. As part of the development requirements, the developer is to provide one-half of the road improvements from SW 10th Street to the south end of the south lot being developed. This distance is approximately 212 feet. I nstead of the developer building one-half of the road, the city is entering into an agreement with the developer where the developer will pay the city for the improvements required. The cost of these improvements is $10,600.00. The attached map shows the project location. Please place this item on the 04 Nov 2003 Commission Agenda. Thanks! enc cc: Richard Hasko, P.E., Environmental Services Director Joseph Safford, Finance Director file S:\EngAdminIProjacts\2003\2003-057\OFFfCIAL\2003nov04 agandamamo.doc f-- W > W LJJ <{ > > - <{ <{ - I S. W. 9TH CT. I-- I I ~ - ~ I-- I-- 0 ex) :i ~ - :i If) :i If) If) - S.W. 10TH STREET ~ ~ w > <{ ~ w ~~ ;.... r- I ~ > <{ 1-- I-- i '/ f-- w OJ > I-- / <{ f-- 7/ I f-- W S f- - ::::::J CXl let/ z If) f-- W s: I > I-- <{ I-- I C) / If) i"- f---- I '-- S.W. 11TH S1. 1/&( .-- 0 :II cr: I---- I-- 0 I---- I-- fi{/ z <t -' I-- '" I---- U ct' S f-- I f-- I Vl I-- / / , I-- If) 0 ~ DOUGLASS - w :0<V ::::::J ...:,,<v~ :i z w '?- If) > BESSIE ST. <{ ~~ I I-- :0~ ex) C-j rn ~ CITY of DELRA Y BEACH LOTS 12 & 13 OF BLOCK B OATE:9-18-2003 ; ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP fil'8lHAlfi.lOTl2t1 434 eotmi 8WNI"ON AVEME. DEl..RAY lEACH, fl.C.H)A 33444 2003- 200 J.1).~.i.. I)';'; ,t:L:L \)tl;:>~ 1-.\..\ 5tH 2..:.1 7J1J E~YlRONMENTAL SRV, DEPT, 1aJ 002 AGREEMENT THIS AGREEMENT entered into this _ day of , 200_. by and . bem'een the CITY OF DELRA Y BEACH, a Florida municipal corporation, (horeinafter r<krr~d to as CITY) and YORK BUILDERS, fNC., (hereinafter referred to as DEVELOPER), pr,)vid~s as folLo'rYs: WHEREAS, DEVELOPER has plans to develop property along east side of tile 1000 Ble'ok <)f S,W, 8:11 Aven~e; aod WHEREAS, the DEVELOPER is requir~d to provide for Q portion <'f paved access to the deveJopmelll; 3nd WHEREAS, the DEVELOPER shall pay to CITY one half(Yz) of the ~ost [.) construct the road within tl~~ 1000 Block of S,W, 8th Avenue, right-of-way fOT an QjJpruximate dismnce "f 212 fect soath slar1mg at SW 1 all> Street and at a width of22 feet, NOW, THEREFORE, in consideration of the mutu.~l eovenams and undcrt"kings set t(>rth herein and other good and valuable consideration. the rc(,elpt and sllffiei~nc~ of which is ~ereh at.knowledged, the DEVELOPER and CITY hereby agree as follows: 1. INCORPORATION OF RECITALS, The above-stated recitals are lncorporated dS if fully set forth herein, ~, COST PAID BY DEVELOPER The DEVELOPER shall pay to the CITY, within 10 days of the execution of this Agrcement, the swn of $10,600.00 to be 1I.5ed by the CITY f.~r the construction of that portion of S.W. 8th Avenue adjQcent to DEVELOPER'S prupertj. If the funds are not paid to the CITY the above stated lime fraL~e, this Agr,emem shall be null and void. ! u. ';J.' \1.. ill l..Hl,jlj FA.\. ~tH 24:.1 7:.11-1 ENVIRONMENTAL SRV. DEPT. ~n03 . 3. GOVERNING LAWS; VENUj;. Any claims, lawsuits or disputes that may anse wder this Agteemcnt shall be governed by the Laws of Florida, with venue in Pal,,: Beach COQ11.y, Florida. 4. ISTEGRATlON; AME~MENTS. 111is Ag\eement constitul~S th: entire agreement and understanding of the parties. There are no representations or understandings of any kind not set !,)rth herein Any amendments to this Agreement must be in \oIriling and :xecutcd b:1 both parties 11'\ WIT-"ESS WHEREOF, the parties hereto have entered into this Agreement as oftne day ani year lirst above written. ATTEST: CITY OF DELRA Y BEACH By: '- By: City Clerk , :vtayor Appr~ved as tQ Form: By:_._.___.._ City Attorney WlTNESSES: :;RKB~ r; ~. '. .~ . . -^=~~~ _ ri '-'u j-l G--'YL1J. 9~ .1....- --- "---'-. Presidem (N,u!ic P:in'od 01 Typed) (NaI!'.e Printed or Typed) ~TATE OF (~Lo IL\. \) ff' COl)'r\TY OF ~~11 j1~ ft'('~1f tt<- The foregoing instrwnent '!!..as acknowledged bet3re me this '. V I day of O,__._~_:L2001,bySTN,J~-.,..'1 /L[ji~ HiB,J ,as ,4!.)\),,~~ (""IDe of officer or agent, title cf officer or agent), of YORK BUILDERS, INC., a 'F"L,) ~_ (".ate or place of hleorporation) cOl1'oration, on b-l'half of the .cor;:oration. h d -".! 'k ,- 7 I" '( I' He/She is per,onally known to me or as .,pro uced rl.rJ ,-I'" " tll.. tl~ ':'.:.:::~' type 0 idemiricclion) as idemification. ~) ZF flit --lr-<... . . f. "'-' """.,., JEROME H. GRUBER I t:1atwe of Notary Publi~- :. !II: MY COMMISSION # 00067567 "'1- t'J<t EXPIRES. January 15,2000 ~w . I l-eoo-3-NOTARY FlNolarySefVics&Bonding,lnc ... . ~.. . f~l!f ~~J f~r. f' '"'l~ ~~r ~ a-OlRf"" ~ /t. :.'1. . -' ::1.1. ..~.: - . /~"', .... '; 'J<~ .', '" ~ ,P ... ,. .... .., .. ".'~.. .' . '~,.~.~ ~::?J r" _;".}! '~, t:n':~b.;...:~~. -<o-~,,( .~ '. ..' "'1 "I; .,' - .," " ;'!;;;l il: "..J ~ .~ ;:r.~.},j 11 ~ '>l".., ;1',j ,._....> _u ..... " ... ."" DElRA Y BEACH , , () . , " ~ tr.ezII j'=- ')C:..~X! 3'=),C~-L FU:R C:'.:~ JJ4d4 56~2-D-7r,Oi} AII.AmericaCity 11111~tob" 21,2003 1993 2001 Received from Stan Rothman of York Builders on October 21,2003 an original signed "Agreement" for his portion of payment of building road on SW 8th Ave and a cashier check in the amoWlt of$10,600.00. Gloria Montgomery /tJ{,2/P3 Administrative Assistant @prrnreur;nAtJc"dHdP,W;){ THE EFFORT ALWAYS MATTERS ------ Date: 21 Oct 2003 AGENDA ITEM NUMBER:~ e ....~ AGENDA REQUEST Request to be placed on: -1LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 04 Nov 2003 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approvalJauthorization for Mayor to execute an agreement with York Builders for roadway improvements in the 1000 Block of SW 8th Avenue. Staff Recommendation: ~ement Department Head Signature: ~ {o- z..~ -o? City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: NA } C '- I()IJ~ flU Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @/ No Initials:-+ Hold Until: Agenda Coordinator Review: Received: s: \EngAdmin \Projects \2003\2003.057\OFFI CIAL \2003nov04 agenda.doc be; ~ I , , TO: c e~~TYMANAGER THRU: ~~ CTOROFPLANNING&ZONING FROM: / SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF NOVEMBER 4, 2003 - REGULAR AGENDA REVIEW A REQUEST FROM THE DELRAY BEACH GARLIC FESTIVAL FOR THE UTILIZATION OF THE PARKING LOT OWNED BY DHARMA PROPERTIES, L TD LOCATED ON BLOCK 86 FOR A SPECIAL EVENT (GARLIC FEST) TO BE HELD NOVEMBER 7,2003 THROUGH NOVEMBER 9, 2003 I In October of 1998, pursuant to LOR Section 2.4.6.(H)(3)(d), Dharma Holdings LTD. was issued a temporary parking lot permit on their property located on the south side of SE 1st Street, between SE 3rd Avenue and the FEC Railroad. At that time required perimeter landscaping (Sea grape hedging), and lighting were installed. The north 1/3 of the lot is paved and the balance contains shell rock with paver brick walkways. LOR Section 2.4.6(H)(3)(d)5 allows the renewal of the temporary permit for a maximum of three years, thus the temporary permit expired effective October 2, 2001. In November, 2001 the applicant sought a waiver to extend the temporary parking lot permit for an additional year. At the City Commission meeting of December 4, 2001 the applicant's request failed to receive approval with a 2-3 vote (Commissioners Levinson, McCarthy and Perlman dissenting). At their meeting of February 4, 2003, City Commission addressing concerns of the Government Affairs Committee and local business owners approved utilization of the lot for privately sponsored special events when approved by City Commission. Consequently, the Delray Beach Garlic Festival is requesting the use of the parking lot for their upcoming event starting Friday, November 7, 2003 at 4:00 PM through midnight, Sunday, November 9, 2003. - ^ 9~'i " , By motion, approve the use of the Dharma Properties, L TO, parking lot, located on Block 86, as requested by the Delray Beach Garlic Festival for their upcoming event. Attachment: 0 Letter of Request ~ FAX NO. : 5612746129 Oct. 16 2003 03:49PM P2 FROM : ReG Delray Beach Arts, Inc. 10 SE 1" Avenue, 2nd Floor Delray Beech, FL 33444 October 16, 2003 Mr. Scott Aaronson City of Delray Beach 100 N.W. 1 Avenue Delray Beach, FL 33444 Dear Scott, The 5th Annual Delray Beach Garlic Fest is requesting permission for use of the parking lot located on SE 3'" Avenue between SE 1&1 Street and SE 3'" Street (Block 86) adjacent FEC railroad corridor. We are requesting use of this parking lot begin Friday, Nov. 7';', 2003 at 4:00 pm through midnight Sunday, November 9, 2003. Sincerely, 771i41'(~~ Nancy Stewart EJ:ecutive Director Defray Beach Garlic Festival cc: Roger Rojas . . . City Roq Ltr 2OOO.doc / ~ [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 561/278.4755 tw.e:d Writer's Direct Line: 561/243-7091 AI AllldclCIIy , III I! MEMORANDUM 1993 DATE: October 28, 2003 TO: City Commission ~"-~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Pavment of Retainaqe to Florida Blacktop On July 2, 2002 the City Commission approved final payments to Florida Blacktop on the NE/NW Area Infrastructure Improvements Project and the SE/SW Area Infrastructure Improvements Project. Florida Blacktop contested the final payment amounts and filed suit against the City in May of 2003. Florida Blacktop never completed the documentation required by the City in order for the City to release the final payment funds. The City's outside counsel in this case has recommended that the City pay these funds to Florida Blacktop, based upon current case law, as well as the interest accrued pursuant to statute to date, in order to prevent the ongoing accumulation of interest. The final payment for the NE/NW project is $92,717.37 with $9,099.01 in interest; final payment for the SE/SW project is $25,729.52 with $2,525.02 in interest. By copy of this memo to David Harden, our office requests that this item be placed on the November 4, 2003 City Commission agenda. Please call if you have any questions. cc: David Harden, City Manager Barbara Garito, City Clerk Richard Hasko, Environmental Services Director 8F( MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGERCJ'IC1 SUBJECT: AGENDA ITEM # 8s - REGULAR MEETING NOVEMBER 4. 2003 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: OCTOBER 31, 2003 Attached is the Report of Appealable Land Use Items for the period October 20, 2003 through October 31, 2003. 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. &\City Clerl<\agenda memos\apogmem.l1.04.03 01\. !P0(. TO: DY::;A < THRU: PAUL DORLlNG, RECTOR OF PLANNING AND ZONING ~tl</av:f\. FROM: :JASMIN ALLEN, PLANNER SUBJECT: MEETING OF NOVEMBER 4, 2003 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 20, 2003 THRU OCTOBER 31, 2003 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of October 20, 2003 through October 31, 2003. ___I~~.- 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. ~11_ii]ll\!I~ __~ A. Approved (4 to 0), a master plan modification to change the land use designation from Light Industrial to Service Industry for a portion of Delray Park of Commerce Tract "E", located at the northeast corner of NW 17111 Avenue (Park of Commerce Boulevard) and Lake Ida Road. B. Approved (4 to 0), a master plan modification associated with an internal adjustment to reduce the required side yard setback for certain lots within the Old Palm Grove Development, located on the east side of North Federal Highway, between Lake Avenue North and Allen Avenue. City Commission Documentation Appealable Items Meeting of November 4, 2003 Page 2 No other 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 (4 to 0), of a rezoning from POC (Planned Office Center) to RM-8 (Multiple Family Residential-Medium Density with a density suffix of 8 units per acre) for a 5.04 acre parcel of land located on the south side of West Atlantic Avenue, approximately 130 feet east of Whatley Road to be known as Atlantic Palms. The Board's was not in favor of the RM-11 zoning district (with a density of 11 units per acre) as requested by the applicant. . Recommended approval (4 to 0), of a rezoning from AC (Automotive Commercial) to GC (General Commercial~ for a 0.73 acre parcel of land located at 550 SE 9th Street [southwest corner of SE 6 Avenue (northbound Federal Highway) and SE 9th Street]. . Recommended approval (4 to 0), of an amendment to the Land Development Regulations Section 2.4.6(H) "Temporary Use Permits" to add horse drawn carriage rides, ice skating rink, carousel and other related holiday/seasonal temporary uses authorized by the City Commission. . Recommended approval (4 to 0), of an amendment to the Land Development Regulations Appendix "A" "Definitions" and Section 4.3.3(V) "Uses Involving Alcoholic Beverages" in order to provide for a definition of alcoholic beverage that is consistent with State Statutes and a distance limitation between stand alone bars. . Recommended approval (4 to 0), of an amendment to the Land Development Regulations Section 4.3.3(AA) "Adult Entertainment Establishments" in order to amend the distance limitation between any adult entertainment establishments and any alcoholic beverage establishment. 1. Approved (6 to 1, Carter dissenting), a request to amend the master sign program for New Harbor Plaza, located at the northeast corner of Linton Boulevard and South Federal Highway (1701 South Federal Highway). The amendment involved revising the colors of the flat wall signs. 2. Approved (7 to 0), the proposed free standing signs associated with a master sign program for Congress Commerce Center, located at the southeast corner of Congress Avenue and Lake Ida Road (601 North Congress Avenue). The Board tabled the proposed wall signs and stated that there were too many wall signs. 3. Approved (7 to 0), a request to reconsider a condition of approval associated with the installation of awnings for East Coast Furniture, located on the east side of North Federal Highway, approximately 130 feet south of Lake Avenue South (1319 North Federal Highway). The applicant revised the projection of the awnings from 2'-3' to l' to eliminate the conflicts with existing landscaping previously raised by the Board. City Commission Documentation Appealable Items Meeting of November 4, 2003 Page 3 4. Approved (6 to 1, Roger Cope dissenting), a Class I site plan modification associated with the replacement of existing overhead doors with a storefront fac;:ade and the addition of new awnings for Orange Royal, located on the west side of South Federal Highway, north of the C-15 Canal (3416 South Federal Highway). 5. Approved (6 to 0, Carter stepped down), a Class II site plan modification and landscape plan associated with a redesign of the landscape plan for Art Glass Environments, a proposed retail glass facility located on the west side of SE 5th Avenue (southbound Federal Highway), approximately 51' south of SE 4th Street (440 SE 5th Avenue). Concurrently, the Board granted a waiver to the landscape requirement to allow the installation of a 5' high Lantana Standard rather than the required 12 feet height at the time of installation, within the perimeter landscape strip on the east side of the parking space on the south side of the property. 6. Approved (6 to 0, Gary Eliopoulos stepped down), a Class I site plan modification associated with the installation of a handicapped ramp at the new ATM location and the provision of a second floor balcony for Bank of America, located on the north side of East Atlantic Avenue, west of Venetian Drive (1001 East Atlantic Avenue). 7. Approved (7 to 0), the architectural elevation plan for Atlantic Place, located on the south side of East Atlantic Avenue, between Venetian Drive and Gleason Street. The Class V site plan was previously approved and involved the construction of a mixed use development containing 24 residential condominiums, 19,620 square feet of retail floor area, 18,000 square feet of office floor area and 5,450 square feet of restaurant floor as well as a five-level parking garage. 8. Approved (7 to 0), a Class V site plan and landscape plan associated with the construction of a two-story mixed-use building containing 4,621 square feet of retail floor area and 4 residential dwelling units for 329 Pineapple Grove Way, located on the east side of Pineapple Grove Way, south of NE 4th Street. The Board tabled the architectural elevation plan as they felt it was not in keeping with the architecture along Pineapple Grove Way and requested that the applicant addresses the roof line, window treatment and color scheme. Concurrently, the Board granted a waiver reducing the required sight visibility triangle from 20' to 12'. .!i.~IIIIIII~I~~"~~IIIII._I._ No Regular Meeting of the Historic Preservation was held during this period. IIIg~~I~mllloo~~.~~IIIIIII_III_ By motion, receive and file this report. Attachment: Location Map. --_.--- -------" CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - GULF STREAM BLVD. November 4, 2003 I ~.~ ~ L-30CANAL ~ 'I L" " ~ it ~ ~ ~ 5 !iJ , ~ ~ g '" 1(0 ~ '" ! '" '" ~ u l!! ~ 906 ~ '" , " ~ "J .." ~ 5 " 0 ; ~ ~ 1-" ~ ~ , .. ~ 5 ~ ~' 50 LAKE IDA ROAD BUSH Ii LAKE IDA ROAD ~ ~ ~ 0 ~ 1 I ['-" ! -,,-.. ~. ! r"-" I "-,,-,,J"-"1 at! i I , L.. -" ,,_,,_,,_ ,_"J AVE i , ; A nANne 806 ! "1 r" .., ":: "j ~ I "" l.J I ,,-,j 'l! " ~ 5 " ~ i ~ ., ~ ~ ! ~ ~ 0; , @ " , .... ~ S.W.IOTHST. ; .... LaWSON BOULEVARD '" , .. ~ 'l! '" "" ~ i ~ , ..... ~ u d ~i .... 50 ~ ~ , "t 0; , z i LINTON BOULEVARD , f"""'1 0(.0 Gf".f, LINTON Q , ."i ~ ! ~ '" ! 0.." ~ ! ~ro~ "I t:!! i I I <i ~ ' "~ t; ~ I i 5! i j!; L."..J I" ,~ '" 0 " 0 ~ ~ ~ ~ II! "-,,-,, "-,, +E L-38 CANAL C-15 CANAL P&Z: A. DELRA Y PARK OF COMMERCE TRACT 'E' CITYUMITS B. OLD PALM GROVE '-^'v" S SPR.A. B.: I ONE MilE I ,. NEW HARBOR PLAZA GRAPHIC SCALE 2. CONGRESS COMMERCE CENTER ~Q 3. EAST COAST FURNITURE 4. ORANGE ROYALE, INC. 5. ART GLASS ENVIRONMENTS 6. BANK OF AMERICA 7. ATLANTIC PLACE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 8. 329 PINEAPPLE GROVE WA Y 2003 -. DIGITAL BASE-MAPPING SYSTEM-- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fP/1 , SUBJECT: AGENDA ITEM # 2T - REGULAR MEETING OF NOVEMBER 4. 2003 AWARD OF BIDS AND CONTRACTS DATE: OCTOBER 31, 2003 1bis is before the City Commission to approve the award of the following bids: 1. Contract award to Mora Engineering Contractors, Inc. in the amount of $109,773.37 for the construction of approximately 1200 feet of 24 inch reclaimed water main along the west side of the LWDD E-4 Canal north of Atlantic Avenue. Funding is available from 441-5181-536-65.96 (Reclaimed Water Transmission). 2. Purchase award to R.B. Grove Inc. in the amount of $31,400.00 for a 100 KV A trailer mounted generator. Funding is available from 442-5178-536-64.90 ~aterl Sewer Renewal and Replacement FundlOther Machinery IEquipment). 3. Purchase award to ffiM Business Partner, Midrange Support and Service, Inc. in the amount of $582,932.00 via State Contract #250-000-031 for the purchase of two (2) IBM iSeries Servers, Model 9406-810. Funding is available from 334- 6112-519-64.11 and 334-6112-519-66.10 (Repair and Replacement Fund). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo.IU)4.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.mydelraybeach.com TO: D.md T. H"om, aty M"""" ~ FROM: Richard C. Hasko, P.E., Environmental Services Director SUBJECT: CONTRACT AWARD - RECLAIMED WATER MAIN CONSTRUCTION DATE: October 27,2003 Attached is a copy of a proposed agreement between the City and Mora Engineering Contractors, Inc. for the construction of approximately 1,200 linear feet of 24" ductile iron pipe (DIP) reclaimed water main along the west side of the Lake Worth Drainage District (LWDD) E-4 Canal north of Atlantic A venue. Mora Engineering Contractors, Inc. is the underground subcontractor for site improvements on the adjacent School District project. The first major project for extension of the City's planned reclaimed water system is included in the current fiscal year capital budget. It will involve the construction of 24" and 30" mains along an alignment which includes paralleling the E-4 Canal from a point south of the Delray Lakes neighborhood to the south side of Atlantic A venue where it will connect to the main recently installed at the Municipal Golf Course. While the described project is programmed for this year, it will require time in the planning stages for collection of field data, engineering design and permitting, and coordinating legal requirements with landowners and governmental agencies. In short, we will not be in a position to construct the reclaimed water main along the E-4 Canal within the time frame required for the School District contractor to maintain scheduling for that project. In order to avoid delaying the District's project as well as additional restoration costs if the subject main were installed after the District's site improvements, we solicited a quote from Mora Engineering Contractors, Inc to accomplish this construction. We matched their proposal with the similar scope of the Golf Course reclaimed water main project constructed earlier this year and found that it compares favorably with those costs. Since Mora is already working in the vicinity, their proposal discounts mobilization and other general condition costs which will result in additional savings for the City. The proposal is for $ 109,773.37, and includes materials, installation, testing and as built records for 1,200 linear feet of 24" DIP reclaimed water main. Funding is available in Water & Sewer Connection Fees account #441-5181-536-65.96, Reclaimed Water Transmission. Please place this item on the November 4, 2003 Agenda for Commission consideration. cc: Dan Beatty, Deputy Director Public Utilities Randal Krejcarek, City Engineer Rafael Ballestero, Deputy Director Construction ~~~ STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Mora Enalneerlna Contractors. Inc. (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Standard Form of Agreement 1-4 Corporate Acknowledgment 5 Certificate 6 Insurance Requirements 7-8 Sample Insurance Form 9 Drug Free Work Place Certification 10 Proposal (Schedule of Pricing) 11 1 Specifications: Section 01700 Contract Closeout 01700-1 to 01700-4 Section 02220 Trenching, Backfilling & 02220-1 to 02220-5 Compacting Section 02662 Reclaimed Water Mains 02662-1 to 02662-7 Section 02680 Testing Pipe Systems- 02680-1 to 02680-5 Reclaimed Water Main Addenda numbers to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW. 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Mora Engineering Contractors, Inc 9660 West Sample Road, # 301 Coral Springs, FL 33065 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 2 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his 3 subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attomeys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to form: City Attomey WITNESS: CONTRACTOR: BY: (Print or type name and title) (Print or type name and title) (SEAL) 4 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of The foregoing instrument was acknowledged before me this day of ,20 , by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identificati()n) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped 5 CERTIFICATE (If Corporation) STATE OF FLORIDA ) ) SS COUNTY OF ) ) I 'HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on ,20_, the following resolution was duly passed and adopted: "RESOL VEO". that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated ,20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of ,20_. (Secretary) (Seal) 6 --,---.-- INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Wor1<er's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employers' Liability with a limit of $100,000 each accident. 2. Comprehensive General Liabilitv - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The reauired certificates of insurance shall not only name the types of policies provided, but shall also refer specificallv to this bid and section and the above paraaraphs in accordance with which such insurance is beina furnished, and shall state that such insurance is reauired bv such paraaraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the works "endeavor to" and "but failure to mail such notice shall 7 impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached .sample of Insurance Certificate", *NOTE: See .SamDle of Certificate of Insurance" for examDle format. 8 5612437166 C I TV CF DE!.RAy BEACH 870 P08 DEC 21 '00 1111:23 . 'y , ~""n;~., ~. . :.;r'~~;r-u~ THIS CIlRTR:ATE. -.... .....TTlACF....,.,.l1Ot<.OHLY AHa COHr'IRs' , . NO JItIOK1'S UPoN THe c:aR1I=W:ATI HOLD&R. TIfII aRTwrtcATI DCa NOT AII!HD GOOD INSlmANCE, INC,. UT'IND 011 ALTER THI! CCIYI!RAGl!, AII'ORIlIl> IY T>I~ POl.IOU -OW, ' P.O. BOX A-I COMPANIES AFFORDING COVERAGE BESt CIn, USA 00000 (>'.. \".. .~~ ~...... A IUClIT GU4IIl INSURABCE co, ~',w " ,<<';,..,t'~ ~. , ~- B COIIPI.EtE COVEIUGI! INSlIRAIICE CO. ~'~.. WILLING WOUERS ASSOC. ~V"" COMPNlYc LIITTlIR ABC DIUVE ec--o AIlYTOWN. USA 00001 L.KTTER ~...v E . ,.... IS TO CIR'I'ft 1KAT POUC to OFINSWWtCI! usrrID am.owHAV!: "'II:IU!.OTO THE ~ NAIIID MOW: FOA 1Hi POl.JCY PIAJOOtNDICATED. . NOl'WITHSTANOIHCI AIf'( ~1II!II5H'I'. TI!NIOR ~llCrf1Ot<< "" MY COH'rJtACT OR ontM nocIMtl!frr wmt N!.SPeCT TO 'WHICH THIS QRTJl)CATI MAy · _um OA.....y PERTMr<<. ". lNSI......tra ~ IIV Tt'II! POUOII DbCa8llD HUUf tS......ct '1'0 AU, THIE 'TUW$, oa..USfONS. ~ COtIC)t.. TlOHS M- SUCH POlJQU. - l'YPE a: INSUlltANCE POLey "'lUMBER """"-= I'OlILY lIMA" "''' "',,- , r~.", .~..:." CIENERAl. UAIIUTY '00<< X_flIlIl GLP077604 3-01-90 3-01-91 ......., $ $ X_TIOIIS -...... ~Cl1WS(_ ........ $ $ X~_'-ll$ - ~S300 $ 300 - CllNT!W:TQRS " - - PRlPERlY IlAIlOC( ~- I'eRSONAl fIrU\IAy $ AUTouo.ILllIA8ILItY .... .: . ::r1PllOll $ , " _oIUlO ALl'017605 3--01-90 3--{)1-91 AU. _ ""OS"".,. ....., '. ..., ..... - AUTOS (WIIR.~) :::r CIDQ S " -AI/TQS -." _AUTOS ......... $ \. lWWlllNlU1't ~$300 .... lIllCUS UAlIIUTT ~flIlIl ~$ S DIHlIlllWl \IoIIIIEUJo flIlIl - S1A'tU1CRT ._:.";:~:':,.,~.!:,,:,v WOfD~' CCJIIIIlEHSATION CLP077606 3--01-90 3--01-91 ;~ 't.: S IEfOt .a:Gl!1IJ) AND . $ IOISEASI-IOUCY LIIl) l!Mf'LOYllItll' UAIIIUTY 'tI'... $ -..........1......0'1111 OTlfIR ~OFONM~:'O.....,-..-. EiC:lAttrwlolS ce OD ..c on ......t r ezae:t: y THIS INStII.AIK;E APPLI::ABU: TO (sr.au project) as bel-ow. Cross tnlt i..c11c:ate<l vorcl:l.Dg *CITt OF D!lLllAY IIlW: J IS ADDITIOH6L DlSllUD & prarlde 30 day. writta.. Dotica) , CIn OF DIlLRAY B!AC~ 434 S. SWDmlll AVEIlJE DEI.1l4Y llZACll, :FLOIU lA 33444 7 N .. . . . 9 - --.0 DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors who submits a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes, The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process, Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program, As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1), 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Contractor's Name Signature 10 MEClnc, mora elJ8ineeriDlJ eontraeton, Inc. 1C17.." ClIC "'t.. ...- -,- October 21 sl. 2003 Mr. Richard C. H..ko Director of EnYlronmental Serv'- City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33444 Fax: 581.243.7080 111-"4 - ~ ~ _I ~ i ;., (' ..... - . ..c:: 22 I;- ref: Atlantic High School Delray, Florida subj,: 24- Recllllm Water at West lIIde of the E-4 CMlIi. Dear Mr. Hasko: For your consideration and approval, the following proposal is for fumishing all materials and labor necessary for the construction of 1,200 linear feet of 24' ductile iron reclaimed water main, along an alignment parallel and on the west of the LWDD E-4 Canal right-of-way north of Atlantic Avenue in Delray Beach, Florida. Scope should include main installation, pressure testing and provision of as-built drawings to the City in accordance with specifications provided by the City and attached hereto. Desaiplion Quantity Materials Installation Ext. Cost 1.- 24'X6'Tee 1.00 ea. 1,800,00 750,00 S 2,550,00 2.- 24' X 2' Tapping cap wI Blow-off 2,00 ea. 1,310,00 707.00 S 4,034.00 3.- 24' Joint Restrains 16,00 ea. 432.00 175.00 $ 9,712.00 4.. 24" D. I. P. CI-350 I PJ. 1,200.00 If. 48.87 14,58 $ 76,144.00 5.- Layout and As-builts 1,200.00 If. 1,73 $ 2,070.00 Subtotal $ 94,510.00 Bonding Fee 1 % $ 945,10 Over Head and profit 15 % $ 14,318,27 Total Budget. S 109,n3.37 Time required 15 work days. We take exception to any work item andlor costs not specifically identified above. Permit fees and/or bonding for LWDD not included. If there should be any additional information required, please contact me at your convenience. Sincerely yours, MORA ENGINEERING CONTRACTORS, INC. . . 0 Pl'lIlIldent 9660 Welt Sample Rd., .301. Coral Sprinp. Florida 33065 954-752-8065 . Fax 954-345-9268 11 SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.01 REOUIREMENTS INCLUDED A, Substantial Completion B, Final inspection after completion C. Final cleaning D. Contractor's closeout submittals E. Final adjustment of accounts 1.02 SUBSTANTIAL COMPLETION A. When CONTRACTOR considers work has reached substantial completion, he shall submit to the ENGINEER the following: 1. Written notice that the work is substantially complete in accordance with Contract Documents, 2, A list of items yet to be completed or corrected and explanations thereof. B, Within a reasonable time upon receipt of such notice, the ENGINEER will make an inspection, if necessary. to determine the status of completion, C. Should the ENGINEER determine that the work is not substantially complete: 1. The ENGINEER will promptly notify the CONTRACTOR in writing, giving the reasons thereof, 2, CONTRACTOR shall remedy the deficiencies in the work and send a second written notice of Substantial Completion to the ENGINEER, 3. Upon receipt of the second notice. the ENGINEER will reinspect the Work. D, When the ENGINEER finds that the Work is substantially complete he will issue a Certificate of Substantial Completion with a tentative list of items to be completed or corrected before final inspection, 1170 -10/27/03 01700-1 CONTRACT CLOSEOUT 1.03 FINAL INSPECTION AFTER COMPLETION A, When CONTRACTOR considers the Work is complete with all minor deficiencies completed or corrected, he shall submit written certification that: 1. Contract Document requirements have been met. 2, Work has been inspected for compliance with Contract Documents, 3, Work has been completed in accordance with Contract Documents. 4. All minor deficiencies have been corrected or completed and the Work is ready for final inspection, 5, Project record documents are complete and submitted, B, Within a reasonable time upon receipt of such certification, the ENGINEER will make an inspection to verify the status of completion. C, Should the ENGINEER determine that the work is incomplete or defective: 1. The ENGINEER will promptly notify the CONTRACTOR in writing, listing the incomplete or defective work. 2. CONTRACTOR shall remedy the deficiencies in the work and send a second written certification to the ENGINEER that the Work is complete, 3. Upon receipt of the second certification, the ENGINEER will reinspect the Work, D. When the ENGINEER determines that the work is acceptable, under the Contract Documents, he shall request the CONTRACTOR to make closeout submittals, 1.04 FINAL CLEANING A, Execute prior to final inspection, B. Clean site; sweep paved areas, rake clean other surfaces. C, Remove waste and surplus materials, rubbish, and construction facilities from the Project and from the site. 1.05 CONTRACTOR'S CLOSEOUT SUBMITTALS A, Project Record Documents 1. At Contract closeout, submit documents with transmittal letter containing date, Project title, CONTRACTOR'S name and address, list of documents, and signature of CONTRACTOR, 1170 - 10/27/03 01700-2 CONTRACT CLOSEOlJf 2, Drawings; Legibly marked to record actual construction: a. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements, b, Drawings shall be signed and sealed by a surveyor registered in the State of Florida, 3, Specifications and Addenda; Legibly mark each Section to record, 4. Changes made by Field Order or by Change Order, B. Evidence of payment and Release of Liens, 1.06 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Engineer. B. Statement shall reflect all adjustments to the Contract Sum, 1. The original Contract sum. 2. Additions and deductions resulting from: a, Previous change orders or written amendment. b, Allowances c, Unit prices d, Deductions for uncorrected work, e, Penalties and bonuses f. Deductions for liquidated damages g, Other adjustments 3, Total Contract Sum as adjusted 4, Previous payments 5, Sum remaining due PART 2 - PRODUCTS Not used, PART 3 - EXECUTION Not used. 1170 - 10/27/03 01700-3 CONTRACT CLOSEOUT END OF SECTION 1170 -10/27/03 01700-4 CONTRACT CLOSEOUT SECTION 02220 TRENCHING, BACKFILLING AND COMPACTING PART 1- GENERAL 1.01 WORK INCLUDED A. Excavate for all underground piping, 8, Place and compact granular beds and fills over pipelines to rough grade elevations, C. Dewater excavations as required, 1.02 RELATED WORK A, Section 02661: Water Mains. 8, Section 02720: Storm Drainage System. C, Section 02730: Sanitary Sewer Pipe 1.03 SITE COMPACTION TESTING A Testing of compacted fill materials will be performed in accordance with F.D.O.T. and AA.S.H.T,O, specifications, 8. If, during progress of Work, tests indicate that compacted materials do not meet specified requirements, remove defective work, replace and retest as directed by ENGINEER. C. Ensure compacted fills are tested before proceeding with placement of surface materials, 1.04 PROTECTION A Protect trees, shrubs, lawn, areas to receive planting, rock outcropping and other features remaining as part of final landscaping, 8. Protect bench marks and existing structures, roads, sidewalks, paving and curbs against damage from vehicular or foot traffic. Install and maintain proper bridging, planking and cants to provide access to buildings, 1\ 70 - 10/27/03 02220-1 TRENCHING, BACKFILLING AND COMPACflNG C. Protect excavations by shoring. bracing, sheet piling underpinning, or by other methods, as required to prevent cave-ins or loose dirt from falling into excavations in accordance with Trench Safety Act. D. Underpin or otherwise support adjacent structure(s) which may be damaged by excavation work. This includes other utility lines, power poles and pipe runs, E. NotifY ENGINEER of any unexpected sub-surface conditions, Discontinue work in the area until ENGINEER provides notification to resume work, PART 2 - PRODUCTS 2,01 PRODUCTS A. Bedding Materials: Pipe shall be placed on dry, undisturbed earth, B. Selected Backfill: After pipe joints have been inspected and given preliminary approval, and sufficient time has elapsed for setting of joints if necessary, backfilling shall be performed, together with tamping until fill has progressed to an elevation at least one foot above the top of the pipe bell. During this initial stage of backfilling, approved granular materials or loose soil free from lumps, clods, or stones shall be deposited in layers approximately 6-inches thick and compacted by manually operated machine tampers actuated by compressed air, or other suitable means. Tampers and machines shall be suitable for the work, and subject to approval by ENGINEER. C. Backfill Material: Excavated material, free from roots, rocks larger than 3Yz inches in size and building debris, D. Fill under landscaped areas: Free from alkali, saIt, and petroleum products. Use sub-soil excavated from site only if conforming to specified requirements, PART 3 - EXECUTION 3,01 PREP ARA nON AND LAYOUT A, Establish extent of excavation by area and elevation, Designate and identifY datum elevation, B. Set required lines and levels, C, Maintain bench marks, monuments and other reference points. 1170 - 10/27/03 02220-2 TRENCHING, BACKFILLING AND COMPACTING 3.02 UTILITIES A, Before starting excavation, establish the location and extent of underground utilities occuning in the work area. B. Notify ENGINEER if utility lines which are in the way of excavation are uncovered, C. Protect active utility services uncovered by excavation, D, Remove abandoned utility service lines from areas of excavation, Cap, plug or seal such lines and identify at grade, E. Accurately locate and record abandoned and active utility lines re-routed or extended on Project Record Docwnents. 3.03 TRENCHING A. Ensure trenching does not interfere with normal 45 degree bearing splay of any foundation. B. Excavate in accordance with lines and grades, C. Cut trenches sufficiently wide to enable proper installation of pipe and to allow for inspection, Trim and shape trench bottom and leave free of irregularities, lumps and projections, D, Do not disturb soil within branch spread of existing trees or shrubs that are to remain, If it is necessary to excavate through roots, perform work by hand and cut roots with a sharp axe. E. When complete, request ENGINEER to inspect excavations. Correct unauthorized excavation as directed, at no cost to OWNER, F, Remove excess or unsuitable excavated sub-soil from site. 3,04 DEWATERING A, Keep trenches dry. Provide necessary equipment including pumps, piping and temporary drains, B, Do not discharge drainage water into municipal sewers without municipal approval. Ensure water discharge does not contain silt held in suspension. C, Direct surface drainage away from excavated areas, 1170 - 10/27/03 02220-3 TRENCHING, BACKFILLING AND COMPACTING ----- D, Control the grading in and adjacent to excavations to prevent water running into excavated areas or onto adjacent properties or public thoroughfares. E, Furnish and operate suitable pumps on a 24 hour basis to keep excavations free of water until piping has been placed and backfilling has been completed, F. No water shall be allowed to rise over masonry or mortar until the concrete or mortar has set at least 24 hours. G, The Contractor is responsible for acquiring all necessary dewatering permits at no cost to the Owner. 3.05 BACKFILLING A. Do not start backfilling until piping has been inspected. B. Ensure trenches are free of building debris, wood, rocks over 3Y> inches in diameter and water, C. Backfill systematically and as early as possible to allow maximum time for natural settlement and compaction, D. After backfill has reached a point one foot above the top of the pipe, a variation in the procedure as to manner of placing and amount of compaction to fill will be allowed, depending upon the location of the work and danger from subsequent settlement, as follows: I. For backfilling in unimproved areas (along utility easements and in parkway strip beyond the edge of driveways and graveled parking areas), from an elevation of one foot above top of pipe to the surface of the ground, backfill may be deposited by equipment. Depositing in layers, or tamping will not be required, Sufficient surplus excavated material shall be neatly rounded over the trench, to compensate for settlement. All surplus excavated materials beyond that indicated above shall be disposed of by Contractor, 2, For backfilling beneath driveways and parking areas, alleys, and streets where non-rigid type surfacing is to be replaced. This shall also include dirt, gravel or asphalt driveways and alleys, a, The backfill material shall be carefully deposited in uniform layers not to exceed 12-inches in thickness and each layer shall be compacted to 98% of maximum density in accordance with AASHTO T -180 with manually operated machine tampers, b, In lieu of the foregoing compaction method, the backfill material and procedure used may be that as specified under Method 3, below. 1170 -10/27/03 02220-4 TRENCHING, BACKFILLING AND COMPACTING 3, For backfilling across and beneath driveways, sidewalks, parking areas or streets where a rigid type paving is to be replaced (concrete and asphaltic concrete and brick surfaces). a, All backfill material shall be approved granular material of high weight and density, The material shall be carefully deposited in uniform layers not to exceed l2-inches thick (loose measure), and each layer shall be compacted by ramming or tamping with tools approved by ENGINEER in a manner that does not disturb the pipe, Where necessary, granular base material of the type and thickness specified shall be used for the last layer prior to surfacing. END OF SECTION 1170-10/27/03 02220.5 TRENCHING, BACKFILLING AND COMPACTING SECTION 02662 RECLAIMED WATER MAINS PART 1 - GENERAL 1.01 SCOPE The work to be performed under this Item shall include the furnishing and installing of reclaimed water mains and appurtenances as herein described and as shown on the Plans, The Contractor shall perform all excavation, backfilling and related work required for the construction of these mains, in accordance with the provisions set forth under the applicable items of this Specification and of the General Requirements, A, In general, the work under this Section shall include but is not limited to furnishing and installing the following: 1. Reclaimed Water Main a, Ductile iron restrained mechanical joint pipe and fittings with an interior cement mortar lining per A WW A C-I 04/ A21.50. b, Ductile iron push-on pipe with an interior cement mortar lining per AWWA C-I04/A2I,SO. c. Reclaimed water main and appurtenances shall be painted the color Panthone S22c. 1.02 REFERENCES Standards applicable in this Specification shall be: A. American Water Works Association (AWWA) and American National Standards Institute (ANSn. l. AWWA CI04 (ANSI A2l.4) Cement-Mortar Lining for Ductile-Iron and Gray Iron Pipe and Fittings for Water. 2, A WW A C I OS Polyethylene Encasement for Ductile-Iron Pipe Systems 3. AWWA ClIO Gray-Iron and Ductile-Iron Fittings, 3-inch through 48-inch for Water and Other Liquids, 4, AWWA CIII (ANSI A21.1I) Rubber Gasket Joints for Ductile-Iron and Gray-Iron Pressure Pipe and Fittings, S, AWWA CISO (ANSI A2I,SO) Thickness Design of Ductile-Iron Pipe, 1170 - 10/27/03 02662 - 1 RECLAIMED WATER MAINS 6. AWWA CI51 (ANSI A21.51) Ductile-Iron Pipe, Centrifugally Cast in Metal Molds or Sand Lined Molds for Water or Other Liquids, 7, AWWA C600 Installation of Ductile Iron Water Mains and Appurtenances, 8. A WW A C601 Standard for Disinfecting Water Mains, 9. A WW A C900 Polyvinyl Chloride (pVC) Pressure Pipe, 4 in, through 12 in" for Water Distribution, 10, A WW A C90 I Polyethylene Pressure Pipe and Tubing for Water Service. B, American Association of State Highway and Transportation Official (AASHTO), AASHTO T-180-82 The Moisture-Density Relation of Soils Using a 10-pound, (4.54 kilogram) Rammer and an 18-inch (457 milirneter) Drop, PART 1- MATERIALS 2.01 PIPE A. Ductile Iron Pipe: Ductile iron pipe shall conform to AWWA CI51 (ANSI A21.51) and shall conform to working pressure class of350 psi and 250 psi. B. Lining: Ductile iron pipe for water mains shall have an internal lining of cement mortar in accordance with A WW A C I 04/ A2I,50, C, Coating: Buried ductile iron pipe shall be bituminous coated per A WW A CI51/A21.5I D, Encasement: In corrosive environments, Ductile iron pipe shall be encased in polyethylene in accordance with A WW A C I 05, E. Polyvinyl Chloride (PVC) Pipe: In corrosive environments where PVC pipe, 4 in, through 12 in., is specified, it shall conform to A WW A C900, F, Service Lines: Service lines shall be polyethylene (SDR 9) tubing and have a minimum working pressure of200 pounds per square inch (psi), 2,02 FI'ITINGS Ductile Iron Fittings - Ductile iron fittings shall be mechanical joint type and shall conform to ANSI/AWWA CllO/A21.l0. All fittings shall have a working pressure rating of350 psi in sizes 4-inch through 16-inch and 250 psi for sizes 20-inch through 54- inch, and shall be coated and lined as specified for pipe. 1170 - 10/27/03 02662 - 2 RECLAIMED WATER MAINS 2,03 JOINTS A. Push-on Joints - For bell and spigot ductile iron pipe and fittings shall be rubber gasket compression, push-on type as specified in A WW A C 111 (ANSI A2Ul), These joints may be U.S. pipe and Foundry "Tyton" Joints, American Flex Ring, or approved equal, B, Restrained Joints - Restrained joints may be used in lieu of thrust blocks for changes in elevation or alignment as shown on the Plans or as required in the field by the Engineer. The length of restraint required shall be approved by the engineer. These joints may be U,S, Pipe and Foundry "TR Flex" Joints, American Flex Ring, MEGALUGS, or approved equal. 2,04 CONCRETE FOR THRUST BLOCKS Concrete for thrust blocks shall have a compressive strength of 2,500 psi after 28 days, 2.05 FOUNDATION ROCK A sieve analysis of foundation rock shall conform to the following limits: Passing 3/4" - 100010 Passing #4 - 0-10% Passing 3/8" - 20-55% Passing #8 - 0-5% PART 3 - EXECUTION The installation and testing of the reclaimed water main shall be done in accordance with A WW A (ANSI) C600 plus the additional requirements described herein or shown on the Plans, 3.01 PREPARATION A. Clearing - The Contractor shall perform all clearing necessary, where applicable, for the proper installation of all water mains, and appurtenances in the locations shown on the drawings, Plantings, shrubbery, trees, utility poles or structures subject to damage resulting from the excavation shall be transplanted, relocated, braced, shored or otherwise protected and preserved unless otherwise directed by the Engineer. B, The layout of some of the piping systems shown on the drawings may be diagrammatic, but shall be followed as closely as the work will permit. C, Ream pipes and tubes. Clean off scale and dirt, inside and out, before assembly. Remove all foreign material from piping. 1170 -10/27/03 02662 ' 3 RECLAIMED WATER MAINS 3.02 TRENCHING A. Perform trench excavation and provide pipe protection to the line and grade indicated on the contract drawings and as specified in Section 02220. Remove all muck and organic material, B, Foundation - Foundations are shown on the plan details and described in this specification, 1. Type I Trench - Type I Trench shall be considered "Standard" for this project and shall be installed under all pipe when an undisturbed trench bottom is found. 2, Bedding shall consist of at least four inches of 3/8-inch to 3/4-inch (where unsuitable in-situ materials are encountered) washed and graded limerock placed in the trench and tamped to the proposed elevation of the center line of the pipe prior to any pipe laying, Holes shall be excavated at each bell so that the pipe is supported along the barrel only, TIlls bedding shall not be used under any circumstances as a drain for ground water. The contractor shall take all precautions necessary to maintain the bedding in a compacted state and to prevent washing, erosion or loosening of this bed, 3, Preparation of Trench - The trench shall be excavated to the depth shown on the Plans. Care shall be taken during the excavation operation not to disturb the soil below the grade line of the bottom of the pipe, Bell holes shall be hand excavated so that there are no bearing surfaces on the bells. The pipe barrel shall be uniformly supported along its entire length. In granular material and where the conditions permit, the bottom shall be shaped to fit the lower quarter of the pipe barrel. Where rock or unstable material is encountered, the trench shall be excavated 8 inches below the required depth. The sub grade for the pipe shall be made by backfilling with approved material and compacted as directed by the Engineer, The pipe shall not be installed when the stabilization of the trench bottoms are rendered soft or unstable as a result of construction methods, such as improper or inadequate sheeting, dewatering or other causes, The Contractor shall correct such conditions so as to provide proper bedding or foundations for the proposed installation as indicated in the paragraph above. 3.03 INST ALLA nON All pipe, fittings and valves shall be installed according to A WW A Specification C600, Prior to installation, all pipe and appurtenances shall be examined for damage and defects. Under no circumstances shall defective pipe be installed. All lumps, blisters and excess coating materials shall be removed from the socket and plain ends of each pipe, 1170 -10/27/03 02662 - 4 RECLAIMED WATER MAINS While being placed in the trench, care shall be taken to prevent foreign material from entering the pipe. As each length of pipe is placed in the trench, the joint shall be assembled and the pipe brought to correct line and grade. At times when pipe laying is not in progress, the open end of the pipe shall be closed by a watertight plug. When practical, the plug shall remain in place until the trench is pumped completely dry. When it is necessary to deflect the pipe from a straight line in either the vertical or horizontal plane, or where long radius curves are permitted, the amount of deflection shall not exceed that of Table 5 and 6 in A WW A Specification C600, A. Pipe Restraint - All bends, tees, and dead ends shall be restrained by a thrust block as detailed on the drawings (or other approved method). All bends, tees and dead ends in pipe 4 inches to 12 inches shall be restrained by a thrust block as detailed on the drawings, In pipe sizes greater than 12 inches, the restraint shall be by restraint joints on the piping on each side of the fittings for distances detailed on the drawings. B. Polyethylene Encasement - Ductile Iron Pipe installed in corrosive environments shall be encased in either 8-mil low-density (LD) polyethylene or 4 mil, high- density, cross-laminated (HDCL) polyethylene, in accordance with A WW A CI05 latest edition. C, Backfill 1. General - Where the trench has been dewatered, backfilling must progress sufficiently before pumps are shut off to prevent flotation of pipe. Any pipe that has been displaced perceptibly from its correct position shall be removed and relaid properly at the Contractor's expense, Backfilling shall follow pipe laying within 100 feet, unless otherwise directed by the Engineer, but shall not be performed in any case until the Engineer has approved the line for backfilling, Water shall not be added except as required to obtain Optimum Moisture Content and "flooding" or "puddling" will not allowed, Backfill material shall be free of roots, logs, limbs, large rocks or any material or debris determined to be unsuitable by the Engineer. The Engineer may reject any material which he considers unsuitable for backfill, The compaction procedures specified herein shall be considered "minimum procedures" to prevent after-settlement and the Contractor shall reopen, refill and recompact any trenches indicating improper backfill procedures or after settlement. All road crossings shall be backfilled immediately, made passable and maintained passable until the permanent repair is made. 1170 - 10/27/03 02662 - 5 RECLAIMED WATER MAINS 2, City Rights-of-Way a, Initial Lift (to 12 inches above pipe) - The initial lift shall be carefully backfilled around and over the pipe with select materials, not exceeding 1/2 inch in diameter, and compacted in 6 inch layers with manual equipment to an average maximum density of 95 percent as determined by AASHTO T -180 ( Modified Proctor), b, Final Lift - The final lift (to finish grade or bottom of pavement as applicable) shall be carefully backfil1ed with material free from organic material and stones or clumps exceeding 6 inches (4 inches in the final 12 inch layer) in diameter, and compacted in 12 inch layers to an average maximum density of98 percent as determined by AASHTO T -180 (Modified Proctor), c. Density Compliance - In determining compliance with the density specifications, the lowest acceptable density shall be 98 percent. In determining "job average maximum density, " 102 percent shall be the highest percentage used, 3.04 PIPELINE CLEANING (PIGGING) A, The Contractor shall clean and flush reclaimed water mains in the following manner: 1. The Contractor will insert a flexible polyurethane foam "swab" (2 lbslCF) complete with rear polyurethane drive seal, into the first section of pipe. The "swab" shall remain there until the pipeline construction is complete, The "swab" may also be inserted into wyes or tees after construction is complete, 2, Cleaning and flushing shall be accomplished by propelling the "swab" down the pipeline to the exit point with potable water during the initial filling of the main, prior to bacteriological testing. Flushing shall continue until the pig exits and the water is completely clear. 3, If cleaning and flushing exit point is through a fire hydrant (8" line or smaller) the Contractor shall remove the hydrant internal valve assembly to allow passage of the "swab", 3.05 FIELD QUALITY CONTROL A. Hydrostatic Tests: The Contractor shall provide all necessary material and shall perform all work required in connection with the test, including temporary plugs where required. 1170 -10/27/03 02662 - 6 RECLAIMED WATER MAINS All pipe shall be tested to a hydrostatic pressure of 150 P,S,I. The required pressure as measured at the point of highest elevation shall be applied for not less than two hours, and all pipe, fittings, valves and joints shall be made water tight if leakage is evident. No pipe installation will be accepted unless and until the leakage is less than that as specified under Section 4,2 of the A WW A (ANSn C600, B, Sterilization of Complete Line: Before being placed in service, each line shall be sterilized in accordance with the directions of the Florida State Board of Health and in accordance with A WW A COOL C. Connections to the Existing System: Connections to be made by the Contractor are shown on the Plans, Connections shall not be made until the new main is cleared by FDEP, D. Density Tests: The Engineer shall specify at what locations test will be made in the backfill to detennine the adequacy of the compaction operation, 3.06 ADJUSTING AND CLEANING A. Restoring Surfaces: The top surfaces of the backfill shall be restored to present standards or better conditions. Trenches shall be carefully examined upon the completion of backfilling and surface irregularities, that are dangerous or obstructive to traffic, are to be removed, Paved sections shall conform in grade with adjacent areas and shall be of at least equal quality, Design mixes for flexible pavement shall be subject to approval by the Engineer, All damaged or undennined areas of existing pavement, not previously removed, shall be removed and restored to original conditions or in the specified manner. Equipment shall not travel over loose rock fragments, or other hard material, lying on sections or pavement which are not to be removed. Removal, replacement and restoration of areas of pavement shall be as indicated on drawings, END OF SECTION 1170 - 10/27/03 02662 - 7 RECLAIMED WATER MAINS SECTION 02680 TESTING PIPE SYSTEMS - RECLAIMED WATER PART 1 - GENERAL 1.01 REOUIREMENTS INCLUDED A. Perform specified services with Contractor's qualified personnel, or employ and pay for a qualified organization to perform specified services. B, Pressure Piping Systems, 1.02 RELATED REOUIREMENTS A. Section 01700: Contract Closeout. 1.03 DESCRIPTION A, Perform testing of piping systems in accordance with A WW A C-6OO and as specified below, B. Provide instruments required for testing of piping systems. 1. Make instruments available to Engineer to facilitate spot checks during testing. 2, Retain possession of instruments, remove from site at completion of services, C, Provide all water required for flushing and testing, D, Provide all necessary pumping equipment and other equipment, materials and facilities required for proper completion of the flushing and testing specified. E, Source and quality of water, procedure and test equipment shall be by approval of the Engineer, F. All tests shall be made in the presence of the Engineer, Notify Engineer at least 48 hours before any Work is to be inspected or tested, G, If inspection or test shows defects, the piping system(s) shall be repaired and replaced and inspection repeated, until such piping is acceptable to the Engineer. 1170 - 10/27/03 02680-1 TESTING PIPE SYSTEMS - RECLAIMED WATER MAIN H, Sections of the system may be tested separately, but when so tested it shall be distinctly understood that any defect which may subsequently develop in a section already tested and accepted shall promptly be corrected and that section retested, I. Disposal of the water used for testing shall be subject to the approval of the Engineer, 1.04 JOB CONDITIONS A, Prior to start of testing of piping systems, verifY that required "Job Conditions" are met: 1. System or system element installation is complete. 2, All required materials, water, instruments, etc. are on hand. 3, All other preparations are completed. 1.05 TESTING PROCEDURES A, Pressure Piping Systems: 1. All pressure piping shall pass a hydrostatic pressure test and a leakage test as defined below before acceptance. The pressure and leakage test shall be made after all jointing operations are completed and after backfilling is completed, All concrete reaction blocks, or other bracing and restraining facilities, shall be in place at least 24 hours before the initial filling of the line. 2. The pressure and leakage tests may be applied to an individual section of line isolated between the existing line valves, or may be applied to shorter sections or line as approved by the Engineer. If shorter sections are tested, test plugs or bulkheads as required at the ends of the test section shall be furnished and installed by the Contractor at his expense, together with all anchors, braces and other devices required to withstand the hydrostatic pressure on such plug or plugs, without imposing any hydraulic thrust on the pipe line or any part thereof. The Contractor shall be solely responsible for any and all damage to the pipe line, and/or to any other facility, which may result from the failure of test plugs furnished by him or supports therefor, in any case. 3. Tests: a. Hydrostatic Tests: 1) The section of line to be tested shall be slowly filled with water and all air expelled from the pipe, Care shall be 1170 - 10/27/03 02680-2 TESTING PIPE SYSTEMS - RECLAIMED WATER MAIN taken that all air valves are installed and open in the section being filled, and that the rate of filling does not exceed the venting capacity of the air valves. 2) Hydrostatic test pressure shall be as follows: System Working Pressure 100 psi 3) After the pipe has been laid, all newly laid pipe or any valved section thereof shall be subjected to a hydrostatic pressure of at least 1,5 times the working pressure at the point of testing (or 150 p.s.i., whichever is greater). a) Test pressure shall: i. Not be less than 1.25 times the working pressure at the highest point along the test section. ii. Not exceed pipe or thrust-restraint design pressures, iii. Be of at least 2-hour duration. iv. Not vary by more than + 5 psi (0.35 Bar) for the duration of the test. v, Not exceed twice the rated pressure of the valves or hydrants when the pressure boundary of the test section includes closed gate valves or hydrants, NOTE: Valves shall not be operated in either direction at differential pressure exceeding the rated pressure, vi. Not exceed the rated pressure of the valves when the pressure boundary of the test section includes closed resilient-seated gate valves or butterfly valves. b) Each valved section of pipe shall be filled with water slowly and the specified test pressure based on the elevation of the lowest point of the line or section under test and corrected to the elevation of the test gauge shall be applied by means of a pump connected to the pipe in a manner satisfactory to the owner. Valves shall not be operated in either the opening or closing direction at differential pressures above the rated pressure, It is good practice to allow the system to stabilize at the test pressure before conducting the leakage test. 4) Examination, Any exposed pipe, fittings, valves, hydrants, and joints shall be examined carefully during the test. Any 1170 - 10/27/03 02680-3 TESTING PIPE SYSTEMS - RECLAIMED WATER MAIN _u damage or defective pipe, fittings, valves, or hydrants that are discovered following the pressure test shall be repaired or replaced with sound material and the test shall be repeated until it is satisfactory to the Owner. b, Leakage Test: 1) A leakage test shall be conducted concurrently with the pressure test. A leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain pressure within 5 psi (0.35 Bar) of the specified test pressure after the air in the pipeline has been expelled and the pipe has been filled with water, Leakage shall not be measured by a drop in pressure in a test section over a period of time. 2) No pipe installation will be accepted if the leakage is greater than that detennined by the following formula: L= SxDx[P 133,200 in which L is the allowable leakage, in gallons per hour; S is the length of pipe tested in feet; D is the nominal diameter of the pipe in inches; and P is the average test pressure during the leakage test, in pounds per square inch, The leakage test shall be conducted for a period of two hours, a) Allowable leakage at various pressures is shown in Section 3,02, b) When the testing again closed metal-seated valves, an additional leakage per closed valve of 0.0078 ga1/h/in (0.0012UhJrnm) of nominal valve size shall be allowed, c) When hydrants are in the test section, the test shall be made against the closed hydrant. d) Acceptance of installation. Acceptance shall be determined on the basis of allowable leakage. If any test of pipe laid disclosed leakage greater than that specified in Section "b" above, the contractor shall, at his own expense, locate and make repairs as necessary until the leakage is within the specified allowance, 3) All visible leaks are to be repaired regardless of the amount ofleakage, PART 2 - PRODUCTS Not used. 1170 - 10/27/03 02680-4 TESTING PIPE SYSTEMS - RECLAIMED WATER MAIN ~- PART 3 - EXECUTION 3,01 GENERAL A, Prior to testing, flush all piping systems with water to remove all debris in the system, B, For testing refer to the Testing Procedures above, END OF SECTION .... 1170 - 10/27/03 02680-5 TESTING PIPE SYSTEMS - RECLAIMED WATER MAIN Agenda Item No. ~. 'L AGENDA REQUEST Date: October 29, 2003 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 4, 2003 Description of item (who, what, where, how much): Staff reauests Commission approval of a contract with Mora Enaineerina Contractors, Inc. in the amount of $109,773.37 for the provision of all materials, eauipment and labor for the construction of 1 ,200 feet of 24" reclaimed water main alona the LWDD E-4 Canal north of Atlantic Avenue, includina testina and as-built records. Mora is the underaround subcontractor for the School District proiect in that area, and can install this part of the reclaimed water line in the most time and cost effective manner to minimize impacts of the work on the District proiect schedule. Fundina is available in W&S Connection Fees, Ace!. #441-5181-536-65.96, Reclaimed Water Transmission. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recom Contractors Inc. Department head signature: 111- 2-"1 03 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (C;U~ed on~items ;.::v~lving expenditure offunds): Funding available YE VNO {.. II ~ IJ Funding alternatives: (if applicable) Account No. & Description: '/"11- $"1 ~/-S1 L - ~S', 'i L tccl",...J "".fd' "fr.wn-.,ffl"" Account Balance: .. I, /0 I ,f?tl ,'.."Iv City Manager Review: @ Approved for agenda: ES 0 ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved City Of Defray Beach Department of Environmental Services M E M 0 R A N D U M www.mydelraybeach.com TO: David T. Harden City Manager FROM: C. Danvers Beatty, P.E.~.p Deputy Director of Pub Ii Illes DATE: October 29, 2003 SUBJECT: Purchase of 100 KV A Trailer Mounted Portable Generator Attached is an agenda request and supporting documentation for the purchase of a 100 KV A trailer mounted portable generator which was included in the 2003/2004 Capital Improvement Plan. The addition of this generator to our fleet will enhance our emergency operation capabilities of the waste water collection system in the event of an extended power failure. Three quotes were received for this equipment and R. B. Grove, Inc. was the lowest quote in the amount of $31,400.00. Funding for this expenditure is available in Water/Sewer Renewal & Replacement Account # 442-5178-536-64.90, Other Machinery & Equipment. Please place this item on the November 4, 2003 Agenda for consideration by City Commission. CDB/ped cc: Richard C. Hasko, P.E" Director of Environmental Services Robert Bullard, Manager of Maintenance City Clerk Agenda File U:\wwdata\Memo\City Manager\030ct29-Purchase ofKV A.doc ~.T~ "--~- 0 ~ .... CO '" '" '<t ... 0 ~ 0 0 CO ... <ti .s '" I! ... ell l: ell C) ~ c 'tI '0 0 ell ~ i - " l: C) :; ::l ~ '" '" a. .a 0 ... .. ~ I- ~ ... .!! 0 ::l "i! 0 a 0 I- 0 ftl "':. > ~ '" ~ ... 0 0 .... :::l <( w a ~ ~ 0 ~ Q) c Q) C) '0 .l!l c ::l 0 E ~ .!!! a .~ I- ;, '" 'I:: > 1 u -'" ~ 0 t:~ 0 ,~'" ~ >::', ~ ~ AGENDA REOUEST Agenda Item <g,J;' d- No. Request to be placed on: ~ Regular Agenda Date: October 29. 2003 _ Special Agenda _ Workshop Agenda When: November 4. 2003 Description of item (who, what, where, how much): Staff requests Commission award the purchase of a 100 KV A trailer mounted portable generator from R. B. Grove. Inc. in the amount of $31.400.00. The addition of this generator to our fleet will enhance our emergencv operation capabilities of the waste water collection svstem in the event of an extended power failure. Funding for this expenditure is available in Water/Sewer Renewal & Replacement Account #442-5178-536-64.90. Other Machinery & Equipment. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of the purchase from R. B. Grove. Inc. in the amount of 31 400.00. Department head signature: IO--z...y-Q? Determination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): Budget Director Review =ired on all ite"s ;.nvolving expenditure of funds): Funding available: /No}4 t If/" ''''> (lJV' Funding alternatives (if applicable) Account No. & Description 't'().-5I7T-S:Jt -ty.?tI .tI"" ....,.I...Wy./. €?'..,. Account Balance .111 'fOil City Manager Review: @ Approved for agenda: /NO ~ Hold Until: , Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved U:\wwdata\Fonns\Agenda Requests\030ct29-AgendaReq - Generator.doc MEMORANDUM TO: David T. Harden, City ManagerdJ FROM: Guy Buzzelli, MIS Manager THROUGH: Milena L. Walinski, CGFO, Acting Finance Director7IVJ SUBJECT: Aaenda Item # Citv Commission Meetina November 4,2003 - Purchase of Two (2) IBM iSeries Servers, Model #9406-810 DATE: October 31, 2003 ACTION City Commission is requested to approve the purchase from IBM Business Partner, Midrange Support and Services, two (2) IBM iSeries Servers Model 9406-810 (to include software, installation, mi9ration and maintenance costs as outlined in the attached proposal), Total purchase cost is $582,932 with funding to come from the Repair and Replacement Fund. The IBM iSeries servers will replace our existing IBM AS/400's which are located at City Hall and the Police Department. Funding for this purchase is as follows: Account Code Amount 334-6112-519-64.11 $503,633 334-6112-519-66.10 $79,299 TOTAL $582,932 There is currently $460,000 approved in the Renewal and Replacement Fund budget for this purchase. The additional $122,834 will be requested during the FY 03-04 mid-year budget process, Budget transfers are attached for these actions, Financing for the total purchase price of $582,932 will be obtained closer to the actual purchase of the equipment at which time we will bring this back to Commission for approval of the financing, INFORMATION The City's current five-year lease purchase agreement for the two AS/400's (one in City Hall and one in Police Department) with Midrange Support and Services will expire in March 2004, As IBM is phasing out the AS/400 technology, should this equipment malfunction or require repair, the City may experience excessive down time while waiting for repair andlor parts, The purchase of the new iSeries server computers will provide the City with the latest technology offered by IBM in this arena, The purchase will also include mirroring software for each iSeries server to ensure complete redundancy of our AS/400 data. The pricing offered by Midrange Support and Services is per Florida State Contract #250-000-03-1, BACKGROUND OF VENDOR Midrange Support and Services, Inc, is a local Delray Beach company and has been on the FloridallBM State Contract since 1998. They are IBM Certified in V5R2 OS/400, Unux, Domino and xSeries Integration and have been awarded "Premier" partner status from IBM for the past six years. All Midrange employees are certified by IBM in their area of expertise, Midrange has more HTEIiSeries installations than any other IBM Business Partner, They support approximately 50 other Florida cities and are considered the best at this type of migration and support, RECOMMENDATION Staff recommends City Commission approve the purchase of two (2) IBM iSeries Servers Model 9406-810 (to include software, installation, migration and maintenance costs as outlined in the proposal) from IBM Business Partner, Midrange Support and Services, in the amount of $582,932.00 with funding to come from the Repair and Replacement Fund (Account Codes 334-6112- 519-64.11 and 334-6112-519-66,10) Isam cc: Joseph M. Safford, Director of Finance Jeff Chapman, Budget Administrator Becky O'Connor, Treasurer Maureen Owens, Accountant II 2,1: 3 ------ Prepared for Guy Buzzelli City of Delray Beach Midrange #2467 Processor Option: Mach inelTvDe DescriDtion Unit Price 5 Year Lease 9406-81 0 IBM iSeries $196,305.00 $ 4,485.57 9406-81 0 IBM iSeries $196,305.00 $ 4,485.57 3581-H23 IBM L TO Tape $ 9,152.10 $ 209,13 3581-H23 IBM L TO Tape $ 9,152.10 $ 209,13 785240Z IBM Modem $ 472.50 $ 10.80 7852.40Z IBM Modem $ 472.50 $ 10.80 5722-SU3 'IIlMSoftlllllll!r~rl\.illlln ~""'''''''''"''llS'''"':6;oT5'llO'~ $ 142,76 5722-SX3 IBIIl:eolllll.UIll'IlifI!lIlI'IfI''8*f,.~''\'.'''.ti;~'''$ 118.78 5722-SU3 I8M'Sll1flfl.!iI.ll8lUill1U!iUlllf~~~'''''''1-$'''''''6,m:oo' $ 142.76 5722-SX3 I_:SOIIIJ",,, 8\lU;U.llt'\l!r',""".L_"'~"'."."''5,eI4;il8 , , $ 118.78 5 Yr. IBM Hardware Main!. $ 41,887.00 $ 984.34 5 Yr. IBM Hardware Main!. $ 41,887.00 $ 984.34 ltIllIIII1lll1'J11>Sll IT ~~....~_.11l.fllilllJi~"'''.'.ii,lM&.OO" $ 1 ,340.44 MSSllmplementation/Migration $ 8,000.00 $ 188,00 Total: $ 582,932.00 $ 13,431.19 5 Year lease option $ 13,431.00 Prepared by Steve Marinak Midrange Support and Service, Inc. 10/22/200311 :34 AM Lease quotes are estimates, IBM rates for 1st quarter 2004 are not published untif January (YellO~~hlight = Hardware Costs, totalling $503,533.20) "('P J..IIt"'fl ' 1~"U:"?;!"'lIill!;mt..'ft "A'\"6ni;; 'totall!l.'ii~f"'19';~ ;,80) TOTAL $582,932.00 AGENDA ITEM NUMBER: <67\. .3 AGENDA REQUEST Date: 10-28-03 Request to be placed on: ~ Consent Agenda Special Agenda Workshop Agenda When: 11-04-03 Description of agenda item: Approval of the purchase of two (2) IBM iSeries Servers, Model 9406-810 (to include software, installation, migration and maintenance costs as outlined in the proposal) from IBM Business Partner, Midrange Support and Services, in the amount of $582,932 with funding to come from the Renewal and Replacement Fund (account numbers 334-6112-519-64,11 and 66.10). Pricing is per State Contract #250-000-031, Financing will be obtained for the total purchase price, ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO Recommendation: Approval is recommended by Finance Director and MIS Manager. Department Head Signature: !fJ1'.I1.;~ Determination of Consistency with Comprehensive Plan: N/A City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X' No 'Once attached budget transfers have been processed. Financing will be obtained for the total purchase price. Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: @ t1!f No Hold Until: Agenda Coordinator Review: Received: a....tinn" I1nnr.....\'orl. nico":lnnrn\/Qrl. ~ TO: D~EN' AGER FROM: PAU DORLlNG, DIRECTOR < LANNING AND ZONING SUBJECT: MEETING OF NOVEMBE 4, APPEAL OF AN ADMINIS TIVE INTERPRETATION RELATING TO THE ATLANTIC PALMS PROJECT. .~.........- The action requested of the City Commission is that of consideration of an appeal of an administrative interpretation by the Director of Planning and Zoning. The interpretation involves direction given to the Planning and Zoning Board with respect to appropriate LDR sections which should be considered during the deliberation on the Atlantic Palms Rezoning request. The subject property is located on the south side of Atlantic Avenue approximately 1,000 feet west of Barwick Road. The related Planning and Zoning Board actions were taken on October 17, 2003 and appealed on October 23, 2003, by Michael Weiner, attorney for L.L.C. B.C. Properties & Investments. The appeal is being processed pursuant to LDR Section 2.4.7(E) (1) Appeals. I.~_.I At their meeting of October 17, 2003 the Planning and Zoning Board considered a rezoning request from POC (Planned Office Center) to RM -11 (Medium Density Residential -11 units per acre maximum) for a proposed development to be known as Atlantic Palms. A presentation was made by staff and then by the applicant's attorney. Staffs presentation centered around the required findings of LDR Chapter 3, LDR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and associated Comprehensive Plan policies which require development of remaining properties to be of a density that is complimentary and appropriate given the prevailing development pattern of the surrounding area. The applicant's presentation also discussed similar findings but also included a detail analysis of a proposed site plan and how it met the performance standards of LDR Section 4.4.6.(1). I n the rebuttal portion of the presentation staff informed the Board that it was inappropriate to consider a specific site plan as this was a rezoning action. That direction is the subject of this appeal. The administrative interpretation being appealed was the direction to the Planning and Zoning Board that a site plan whether or not it meets the criteria under Section 4.4.6(1) should not be considered given the nature of the development proposal i.e. a rezoning. Pursuant to LDR Section 4.4.6 (1)(3) the following specific requirement is to be considered ~f\ City Commission Documentation Meeting of November 4, 2003 Appeal of administrative interpretation - Atlantic Palms Page 2 for rezoning applications: "For vacant property that is proposed for rezoning to RM with a density SUffIX, the approving body must make a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area. " LDR Section 4.4.6 (I) (1) states the performance standards shall apply to all site plans (emphasis added) approved subsequent to October 7, 1997. This action is a rezoning action and not a site plan. Performance Standards under 4.4.6.(1)(1 )(a) are to be considered for site plans proposed on sites which are currentlv zoned RM and involve a project which desires a density over 6 units per acre. The RM zoning designation allows a range of densities from 6-12 units per acre. The concept of the density suffix was introduced and approved in 1997 to further limit the upper limit of the density. This provides greater flexibility to approve a rezoning to a RM designation subject to a suffix, if the higher densities of the RM district are not appropriate given the prevailing development pattern of the surrounding areas. This is a vacant property proposed for rezoning to RM-11 and the Planning and Zoning Board was directed {per LDR Section 4.4.6.(1)(3)} to base their recommendation on Chapter 3, LOR Section 2.4.5 (D) (5) (Rezoning Findings), Section 3.2.2 (Standards for Rezoning Actions) and policies of the Comprehensive Plan relating to applying densities which are appropriate and compatible given the prevailing development pattern of the surrounding area. Based upon this criteria the Board unanimously recommended approval of a rezoning from pac to RM-8. Deny the appeal based upon a finding that the Planning and Zoning Board correctly considered the appropriate LDR Sections and related Comprehensive Plan policies in their deliberations of the rezoning request for the Atlantic Palms development application. Attachments: P&Z Steff report Appeal Letter . . WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach,F1orida33444 Telephone: (561) 265,2666 . Telecopier: (561) 272.6831 E.mail: mweiner@zonelaw,com MICHAEL S. WEINER OF COUNSEL: CAROLEJ.ARONSON ROBERT MARC SCHWARIZ, P.A. JASON S. MANKOFF Flonda Bar Board Certified Real Estate Lawyer October 23, 2003 Via Hand-Dellverv Ms, Barbara Garito, City Clerk City of Delray Beach 100 N.W.1stAvenue Delray Beach, Florida 33444 Re: Appeal of Administrative Interpretation Our File No.:CARLOO2 Dear Barbara: We respectfully request a formal appeal of an administrative interpretation made to the Planning and Zoning Board by the Director of Planning and Zoning, Mr. Paul Dorling. The administrative interpretation to which we are referencing is in relation to the rezoning request for a 5.04 acre parcel of land to be known as Atlantic Palms which was heard by the Planning and Zoning Board on October 20, 2003. The Planning and Zoning Board ultimately recommended denial of the request of the applicant, B.C. Properties & Investments, LLC for RM-11 and recommended RM-8 as a rezoning to the City Commission, Pursuant to Land Development Regulations ("LOR") Section 2.4. 7(E)(1), an appeal may be made of an administrative interpretation. The appeal of an administrator shall be appealed to the Board for which such power has been granted. All such actions are appealable unless an appeal is expressly prohibited, An Appeal may be made by an aggrieved party. Pursuantto LOR Section 2.4.7(E)(2), an appeal by an aggrieved party ml-lst be made in writing, directed to the City Clerk, and must provide the following information including the appropriate processing fee. This is that appeal. If a processing fee is owed, please contact us and it will be paid immediately. 1. Identification of the Action Which is Beina ADDealed The action being appealed is an administrative interpretation ofthe Land Development Regulations Section 4.4,6(1) in relation to the requested rezoning from POC (Planned Office Center) to RM-11 (Multiple Family Residential). RECEIVC:O OCT 2 4 2003 PLANNING & ZONING Ms. Barbara Garito October 23, 2003 Page 2 2. Identification of Who Took the Action and When it Was Made The action was taken by the Director of Planning and Zoning, Mr, Paul Dorling and subsequently reported to the Planning and Zoning Board on October 20, 2003. The action was to advise the Planning and Zoning Board not to consider Sec. 4.4,6(1) of the Land Development Regulations ofthe City of Delray Beach, Florida in considering the zoning suffix forthe land which was the subject of the applicant's request. 3. The Basis of the ADDeal The basis of the appeal is thatthe Planning and Zoning Board recommended denial of the rezoning request to the City Commission based upon the administrative interpretation of the Director of Planning and Zoning to disregard LDR Section 4.4.6(1). The Director made an administrative interpretation of LDR Section 4.4.6(1) which was incorrect. The Section is applicable when reviewing a rezoning request. There are seven Performance Standards that are applied when increasing a project's density beyond the six (6) units per acre. These seven (7) standards relate to specific design requirements such as building setbacks, building placement, landscape requirements, etc. for vacant land such as the applicant's land. These standards are applicable when reviewing a rezoning is requested. LDR Section 4.4,6 entitled, "Medium Density Residential (RM District)" govems this rezoning, LDR Section 4.4.6(A) entitled, "Purpose and Intent" contains the following sentence: "The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the Project is compatible with surrounding land uses." (Emphasis added.) In plain English, the purpose and intent of RM zoning is to base its actual density upon the performance standards. The performance standards are setforth in Section 4.4.6(1) entitled, "Performance Standards", There can be no clearer statement that RM zoning, if a suffix is to be attached, must consider the performance standards. The plain language of the Land Development Regulations have not been followed. Even the staff report indicates that Standard D is applicable which states that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; orthat if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. There are sufficient regulations which exist in LDR Section 4.4.6(1) Performance Standards to mitigate adverse impacts, if any, from a new use and these standards should have been reviewed with this rezoning request. Furthermore, the LDR's states that it is acknowledged that some of the above- referenced standards may not be entirely applicable to small, infill-type residential projects. Forthose , . Ms, Barbara Garito October 23, 2003 Page 3 types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. See LDR Section 4,4,6(1)(2). 4. The Relief Beina Souaht The relief being sought is that the Land Development Regulations be applied in a manner which is consistent with its clear meaning and that the rezoning request be processed accordingly, Specifically, LDR Section 4.4.6(1) is applicable when reviewing a requestfor rezoning to RM with a suffix, The matter should be remanded to the Planning and Zoning Board for consideration based upon the proper standards. 5. The Name of the Aooellant and the Aooellant's Interest in the Matter Weiner and Aronson, P.A. is agent for the applicant, B,C, Properties & Investments, L.L.C, B.C. Properties & Investments, L.L.C. is the owner of the property subject to the rezoning requestand is an affected party, This letter is also to requestthe tabling of any further considerations ofthis particular rezoning, including placing it on a future City Commission Agenda for a first or second reading. It would not be proper to consider this matter until such time as the appropriate standardsto be applied to this rezoning are determined. An appeal of an interpretation by an administrator is to be to the Board for which such power has been granted. In this instance, the Planning and Zoning Board have power only to recommend; the City Commission has the power to grant or deny rezoning. Accordingly, the appeal lies with the City Commission and we hereby request that the appeal ofthe administrative interpretation be placed upon t next convenie t City Commission Agenda. cc: Mr. Paul Dorling Susan Ruby, Esq. Mr. Larry Carlson O:\CARLOO2\Letter Gartto.Oct23.2003.wpd PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: October 20, 2003 AGENDA ITEM: IV.B. ITEM: Rezoning From POC (Planned Office Center) To RM-11 (Multiple Family Residential-Medium Density With a Density SuffIX of 11 Units Per Acre) For a 5.04 Acre Parcel of Land to be Known as Atlantic Palms (Quasi-Judicial Hearing). .. , ........... ...... - GENERAL DATA: Owner/Applicant............,............ B.C. Properties & Investments, LLC. Agen!......",................................. Weiner & Aronson, P.A. . Location..,................................... Located on the south side of West Atlantic Avenue, approximately 130 feet east of WhaUey Road. Property Size.............................. 5.04 Acres Future Land Use Map................ TRN (Transitional) Current Zoning............................ POC (Planned Office Center) Proposed Zoning........................ RM-11 (Multiple Family Residential - Medium Density, 11 units I acre.) Adjacent Zoning................North: POC (Planned Office Center) East: POC (Planned Office Center) & A (Agriculture) South: PRO (Planned Residential) West: GC (General Commercial) & Unincorporated Palm Beach County Enclave (Country Club Acres Subdivision). Existing Land Use..,..,................ Vacant Proposed Land Use.................... Rezoning from POC (Planned Office Center) to RM-11 (Multiple Family Residential- Medium Density, 11 units I acre) for a 5.04 acre parcel of land. Water Service............................. Existing on site. Sewer Service............................. Existing on site. IV.B. . The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from POC (Planned Office Center) to RM-11 (Multiple Family Residential - Medium Density with a density suffix of 11 units per acre) for Atlantic Palms, pursuant to LOR Section 2.4.5(0). 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 consists of Lots 1 and 2 of the Carlson/Black plat and contains 5.04 acres. The property is located on the south side of West Atlantic Avenue, approximately 140' east of Whatley Road. On December 12, 1989, the subject property was annexed into the City and assigned the POC (Planned Office Center) zoning designation. At its meeting of July 14, 1999, the Site Plan Review and Appearance Board approved a site plan for the subject property that consisted of 76,314 square feet of medical and professional office, The offices were never constructed and the site plan extension is set to expire on January 14, 2004. The applicant has submitted a zoning district map change, which is now before the Board for action, The proposal is to change the zoning designation of the property from POC (Planned Office Center) to RM-11 (Multiple Family Residential- Medium Density with a density suffix of 11 units per acre), The applicant has indicated that proposed rezoning is requested in anticipation of future development of the property as a multiple family residential project. 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 --..- P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 2 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 resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. The subject property has a TRN (Transitional) Future land Use Map designation and is currently zoned POC (Planned Office Center). The proposed RM-11 (Multiple Family Residential - Medium Density) designation is consistent with the TRN Future Land Use Map designation, Pursuant to the LOR Section 4.4.6(B)(3), multiple family structures with a base density of 6 units and a maximum density of 12 units per acre subject to performance standards are allowed as a permitted use in the RM zoning district. The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (i.e. RM-8 limits the density to eight units per acre). The provision of the suffix of 11 does not imply that 11 units per acre will be approved on this site. Any approval over 6 units per acre will require compliance with Performance Standards, The 11 unit per acre suffix will, however, represent the upper density cap. Based upon the above, a positive finding can be made with respect to consistency with the land use map designation, Concurrencv: Concurrency as defined pursuant to Objective B-2 of the Future land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Water & Sewer: 0 Water service is available via service lateral connection to the existing 8" water main along West Atlantic Avenue. Adequacy of fire suppression will be evaluated during the site plan review process. 0 Sewer service is available via service lateral connection to the existing 8" main along West Atlantic Avenue. 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. P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 3 Drainaae: 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. Traffic: The applicant has submitted a trip generation comparison based on the approved medical/professional offices and 54 town homes. This analysis indicates that the proposed rezoning and development of town homes at 11 dwelling units per acre will result in a reduction of 96 am peak hour trips and 98 pm peak hour trips and a reduction of 855 average daily trips. Parks and Recreation: The applicant will be responsible for the City's Parks and Recreation requirements during the site plan review process, Based on the 11 units per acre, the subject property has a development potential of 55 dwelling units (5.01 acres x 11 du/ac = 55 units) under the proposed RM-11 zoning designation. Consequently, the applicant would be required to pay a recreational impact fee of $27,500 (55 x $500 = $27,500) for City parks and recreation if the property were developed to its maximum potential. Solid Waste: The development of the property under the RM-11 zone district should not create an adverse impact on this level of service standard. The approved master plan for the subject property containing 76,314 square feet of office area would have generated 206 tons of waste per year. The 55 unit multiple family development would generate 28.6 tons per year, a net reduction of 177,4 tons per year. School Concurrency: The consideration for school concurrency needs to be addressed during the rezoning application. The applicant has not submitted the required forms for consideration by the Palm Beach County School Board, Therefore, a condition of approval is attached that the applicant provide a positive finding from the School Board prior to approval by the City Commission. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 4 COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future land Use Element Obiective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. The intensity of a residential development would generally be less, than a commercial development under the current zoning requirements. HousinQ Element Policy A-3.2 - The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. This policy relates to areas which are designated stable residential on the Residential Neighborhood Categorization Map (including this site). There is a concern with respect to the compatibility of the rezoning request with the existing development patterns. The following table identifies the neighboring residential developments and their respective densities: Develo ment Densi Coun Club Acres 3.5 du/ac Hi hland Trailer Park 10.5 du/ac Sunset Pines 8.53 du/ac Le ac at Sherwood Forest 7,93 du/ac Sherwood Forest 4,45 du/ac The table indicates that the surrounding single family development are less than 4.5 dwelling units per acre. The two multiple family developments have a density less than 8,53 dwelling units per acre, Based on this development pattern, the 11 multiple family dwelling units per acre zoning proposed by the applicant is in appropriate. The Legacy at Sherwood Forest development is the most recently approved multiple family project which has a density of less than 8 dwelling units per acre. Therefore, a rezoning of the subject property with a maximum density cap of 8 (RM-8) would be more consistent with Housing Element Policy A-3.2 as it would be more consistent with the development pattern in the area. Future land Use Element Policv A-1.5 - As the City has an ample supply of housing designed to accommodate its seasonal and retirement population, P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 5 new residential developments shall be designed for a balanced demographic mix of permanent year-round residents. This shall be accomplished through the implementation of policies from Objective B-2 of the housing element. Houslna Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The implementation of these two policies will be addressed during the site plan review process. Section 3.2.2 (Standards for Rezonlna Actions): Standards B, C and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property is proposed to be rezoned from POC to RM-11. The surrounding area is designated as stable or stabilization neighborhoods. Therefore, based on the analysis previously mentioned under Housing Element Policy A-3,2, the RM-8 classification is more appropriate given the existing residential pattem. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The rezoning of the subject property to RM-8 would result in a designation that is compatible with the existing residential developments in the area. However, the rezoning of the property with a greater density as requested by the applicant would result in an incompatibility with the existing residential development pattern of the area. P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 6 The following zoning designations and uses border the property: Direction Zonino Uses North POC Vacant South PRO Sherwood Forrest East PC & Ag. Bank and Nursery West GC & Palm Beach County Retail & Single Family As noted previously, the proposed RM-11 would result in a development potential that is more intense than the neighboring single family and multiple family developments, The rezoning of the property to RM-8 would be the maximum density cap to retain consistency with the development pattern. This would also provide an appropriate transition of density between commercial uses and the adjacent single family neighborhoods, Section 2.4.5(D)(5) (Rezonlna Findinas): Pursuant to Section 2.4.5(D){5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. 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 andlor neighborhood. The applicant has submitted a justification statement for the proposed rezoning. The full narrative is provided as Exhibit "A." The following are excerpts from that narrative: "Pursuant to Section 2.4,5(0)(2), the valid reasons for approving the rezoning are that there has been a change in circumstance which makes the current zoning inappropriate and that the requested zoning is of similar intensity as allowed under the Future Land Use Map which is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The area has seen a shift to residential zoning as evidenced by the Legacy at Sherwood Forest to the east of the property and the rezoning to P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 7 the west for Coconut Key to a zoning designation of RM-8. The property is bordered to the west by Country Club Acres which is a future annexation area consisting of single family homes. " . The RM designation is more appropriate than the POC designation in this area. This is evidenced by the fact that although our client obtained site plan approval for an office building, our client was unable to market the office use to the commercial community. The change in circumstances of the neighborhood makes the current zoning inappropriate. The rezoning to RM-11 is also supported by the following Policies and Objectives of the Compf'fJhensive Plan of the City of Delray Beach: Future Land Use Element: Policy A-2.3: Development of remaining vacant properties shall occur in a manner, which is consistent with and complementary to adjacent development regardless of zoning designations. The property is surrounded by similar residential density subdivisions and thus would be consistent with and complimentary to adjacent developments. Objective A-1: Vacant property shall be developed 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. The development of the property will be complementary to adjacent land uses as discussed in the above policy. The product type will be affordable and fulfills a remaining land use need. " Comment: The basis for which the rezoning is being sought most closely relates to Items "b" and "c", There has been a change in circumstances which makes the current zoning inappropriate, It appears that the demand for new office space in Delray Beach has diminished, while the demand for residential has increased. While the stock of land zoned for office use will be reduced, there should be sufficient opportunities available elsewhere in the City particularly in-fill developments within existing commercial areas such as Congress Park, As noted previously RM-11 zoning designation proposed by the applicant would be more intense than the surrounding residential neighborhoods, Therefore, staff is recommending approval of the zoning change to RM-8. This would assure that future developers of the property are aware that development of between 6 and 8 units per acre would be the density considered consistent with the prevailing P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 8 residential development pattem and would be more appropriate given applicable Comprehensive Plan Policies. 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. This is an application for rezoning and therefore a development proposal is not being considered at this time. Therefore, there is no analysis with respect to the City's Land Development Regulations. 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). Courtesv Notices: Special courtesy notices were provided to the following homeowners and civic associations: o PROD o High Point 5 o ShelWood Forest HOA o High Point 6 o Hamlet HOA o High Point 7 o Sunset Pines o Beach Properties Assoc. o Hanover Square o Via Marina HOA o Windy Creek o Manor House o Highland Park o President's Council o Greensward Village 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, The rezoning from POC (Planned Office Center) to RM-11 (Multiple Family Residential - Medium Density with a density suffix of 11 dwelling units per acre) is not consistent with the Comprehensive Plan policy, Housing Element Policy A- 3.2 nor LDR Section 3.2.2 (A) & (D) and LDR Section 2.4,5(D)(5). Therefore, positive findings cannot be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.2.2 (A) & (D), nor the Comprehensive Plan P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 9 policies as proposed. The rezoning of the property to multiple family residential is not inherently at odds with the development pattern of the neighborhood. Such a rezoning would provide a transition between more intense uses such as adjacent commercial and West Atlantic Avenue and the single family neighborhoods to the south and west. However, the development pattem of this area (approximately 8 du/ac or less) does not provide the required justification for allowing the proposed 11 dwelling units per acre. A. Continue with direction. B., Recommend approval of the rezoning request from POC to RM-8 for Atlantic Palms, 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), C. Recommend approval of the rezoning request from POC to RM-11 for Atlantic Palms, 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). D. Recommend denial of the rezoning request from POC to RM-11 for Atlantic Palms, 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. By motion: Recommend to the City Commission approval of the rezoning from POC to RM-8 for Atlantic Palms, 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), subject to submittal of a positive finding of concurrency from the Palm Beach County School Board prior to approval by the City Commission, Attachments: o Exhibit "A" - Project Narrative o Location/Zoning Map o Boundary Survey Prepared by: Scott Paoe, Senior Planner EXHIBIT A Pursuant to Section 2.4.5(0)(2), the valid reasons for approving the rezoning are thatthere has been a change in circumstance which makes the current zoning inappropriate and that the requested zoning is of similar intensity as allowed under the Future Land Use Map which is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The area has seen a shift to residential zoning as evidenced by the Legacy at Sherwood Forest to the east of the property and the rezoning to the west for Coconut Key to a zoning designation of RM-8. The property is bordered to the west by Country Club Acres which is a future annexation area consisting of single family homes. The requested zoning of RM-11 does not require a Future Land Use Amendment as RM is a corresponding zoning designation with the transitional land use designation as provided in Table L-7 of the City of Delray Beach Land Development Regulations. The RM designation is more appropriate than the POC designation in this area. This is evidenced by the factthat although our client obtained site plan approval for an office building, our client was unable to market the office use to the commercial community, The change in circumstances of the neighborhood makes the current zoning inappropriate. Pursuantto LOR Section 4.4.6 (A), the RM District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre. We are requesting a rezoning to RM-11. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. In support ofthis request, we are submitting copies of the site plan and other items which are customarily provided along with the site plan application to show you the superior product that our client intends to develop on this property. The project meets and exceeds the Performance Standards dictated by LOR Section 4.4.6(1). The development substantially complies with the performance standards listed in this section and mitigates the impacts of the additional density both intemal and extemal to the site. The performance standards and a discussion of how they are met are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The traffic circulation system is designed to control speed by the use of traffic calmed paver areas located at the entrance, community pool and tot lot. The road width is 20', a width designed to encourage safer slower speeds through out the development. The relative short segments of straight runs will reinforce safe low speeds. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. Providing a generous amount of space between each building reduces the overall massing of the buildings. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in orderto provide a meaningful buffer to those lower density areas, Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linearfeet (or fraction thereof) is provided; trees exceed the required heightattime of planting by 25% or more; and a hedge, wall orfence is provided as a visual buffer between the properties. The building setbacks along single-family zoning have been increased by more than 25% ofthe minimum required by providing a 25'-2" setback where the minimum required is 15'-0". Landscape along this increased set back will exceed the required height attime of planting. The landscape buffer will exceed the minimum code requirement. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The development offers a varied streetscape and building design by: 1. Staggering setbacks between units; 2, Varying roof heights; 3. Altemating the use of hip, gable and shed roofs; 4. Alternating the use of single and double garage doors; 5, Alternating the use of decorative wood shutters; 6. Altemating the use of balconies; 7, Alternating the use decorative arches, stucco base and stucco sills; and 8. A1temating the use of outlookers and decorative wood brackets. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix ofthree and four bedroom units with varying floor plans. Exhibit "B" - Page 2 Three different unit types, sizes and floor plans are available within the development. The units are available with two, three and four bedrooms, The two bedroom units offer a single car garage. The three bedroom units are end units, which offer a two-car garage. The four-bedroom unit also includes a two- car garage and it is a 3-story unit with a loft area upstairs. In addition, an optionalSlh bedroom will be offered in the 3-story unit. The variety of unit size and floor plans will encourage households of various ages and sizes. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. There are not any existing natural areas within the site, However, a new 77'x131' natural preserve area is provided at the south west comer of this project. The 131' length of the preserve is adjacent to the single family zoned district to the west, and the Sherwood Forest subdivision to the South, Additional natural landscape will be provided in the open spaces through out the development. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The project includes a complete network of pedestrian sidewalks along the street in front of each building. The sidewalks continue to Atlantic Avenue on both sides of the development entrance, The sidewalk leads to the recreation areas within the development, which include a pool, a tot lot, and a beach volleyball court. The rezoning to RM-11 is also supported by the following Policies and Objectives of the Comprehensive Plan of the City of Delray Beach: Future Land Use Element: Policy A-2.3: Development of remaining vacant properties shall occur in a manner, which is consistent with and complementary to adjacent development regardless of zoning designations. The property is surrounded by similar residential density subdivisions and thus would be consistent with and complimentary to adjacent developments. Objective A-1: Vacant property shall be developed in a mqnner 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. Exhibit "B" - Page 3 The developmentofthe property will be complementary to adjacent land uses as discussed in the above policy. The product type will be affordable and fulfills a remaining land use need. Housing Element: Objective 8-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies that will implement this objective include: Policy 8-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. Policy 8-2.3 - New housing developments shall inclulfe a range of housing types that offer variety in size, color, and style. The project is not geared as an adult oriented community, The housing development is designed to accommodate families with children. This is accomplished by providing a townhouse product with a garage, large room sizes and several floor plans that could appeal to different age groups and household sizes. 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IJ I I 1 I I 1 1.1 I 1 I I I --SEPTEIlBERZ003-- ~_L....! ij I I n I I I I I I 1'1 R.1-A1A....1 ~~ ~III r~ II I I II II I II "- :> !.U. aflISr I I \ I "' CA _~IHC r==- -..smr~ LlIInff1O' I sr.~ (;tJlFCW!SE: ~ OSR .... ~-,- 'OSR./ ..... " /- I CF I I I TT 'j--( ~ / '---, R-1-A . TO: DA~~.ANAGER THRU: PA RLlNG, IR ~R OF PLANNING AND ZONING FROM: ROBERT G. TEFFT, lOR PLANNER ~~ SUBJECT: MEETING OF NOVEMBER 3, 2003 CONDITIONAL USE REQUEST TO ESTABLISH A LATE NIGHT BUSINESS FOR EXCEL RESTAURANT WITHIN LINTON SQUARE PLAZA LOCATED AT THE NORTHEAST CORNER OF CONGRESS AVENUE AND LINTON BOULEVARD. Pursuant to the Land Development Regulations (LDR), a late night business is defined as any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail store, grocery store, laundromat or similar use which is or will, at any time during a calendar year, be open for business at any time between the hours of 12:00 midnight and 5 a.m. In addition, LDR Section 4.3.3(W) (2) (a) states that any late night business located or proposed to be located within a 300' straight line route from any residentially zoned property shall obtain a conditional use permit from the City for the operation of such use. Excel Restaurant is described by the applicant as a restaurant and night club with an area to accommodate a live band and dance floor. The hours of operation are proposed to be from 5:00 p.m. until 3:00 a.m. As the business is located within 300' of residentially zoned property (Delray Estates and Delray Beach Highlands) and will be open after 12:00 midnight, conditional use approval must be obtained. There will be ten employees and a seating capacity of 336 persons. There is an existing monitored alarm system with panic buttons for the subject bay. As the structure and all attendant facilities (parking, drainage, utilities, etc.) are currently in place, no improvements are proposed with the petition. Conditions of approval include the provision of additional lighting beneath the colonnade, at least one external security camera, three to five internal security guards and two off-duty police officers outside when entertainment is provided, along with a reduction in the proposed hours of operation. A complete analysis is found in the attached Planning and Zoning Board staff report. The conditional use request was originally scheduled to be heard by the City Commission at its meeting of September 9, 2003; however, the Delray Beach Police Department requested that City Commission postpone the item so that they could conduct a review of the proposal. On September 25, 2003, City staff met with the applicant concerning the conditional use request for Excel Restaurant. The results of the meeting were that either the applicant would submit a revised floor plan as it relates to the proposed conditional use request, or modify the conditional use request. On October 10, 2003, the applicant submitted revised plans consistent with the requirements of their alcoholic beverage license (4COP-SRX). The modifications to the plan pertain to the provision of additional permanent seats, which was necessary to meet licensing requirements. The modification is not substantial and does not involve a change from the request that was previously reviewed by the Planning and Zoning Board. The application is now before the City Commission for action. I I At a public hearing held on August 18, 2003, the Planning and Zoning Board considered the Conditional Use request. The Board had discussions on whether the security cameras would be recording (to which the applicant later stated that they would) and on future reoccupancy of the subject bays by another club and whether they would need to return for conditional use approval. The applicant then spoke regarding the recommended condition of approval pertaining to hours of operation limiting the closing hour to no later than 2:00 a.m. and his proposed hours of operation (till 3 a.m.). After one person from the public spoke in support of the applicants hours of operation, the Board voted 6-0 (Pike absent) to recommend to the City qB ---- Commission approval of the Conditional Use request to establish a late night business for Excel Restaurant, based upon positive findings with respect to Section 2.4.5(E) (5) and Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan, subject to the attached list of conditions, which included limiting the hours of operation to no later than 2:00 a.m. Approve the conditional use request to establish a late night business for Excel Restaurant, based upon the findings and recommendations of the Planning and Zoning Board, subject to the attached conditions (Exhibit A). Attachments: Exhibit "A" (Recommended Conditions of Approval) Planning and Zoning Board Staff Report of August 18, 2003 -- EXHIBIT "An RECOMMENDED CONDITIONS OF APPROVAL 1. That the proposed security plan consisting of internal security cameras with a recorded feed, a monitored security alarm, three (3) to five (5) internal security guards, and two (2) off-duty pOlice officers outside the premises. The provision of the security personnel being mandatory when entertainment is provided; 2. That the hours of operation do not exceed 2:00 a.m.; 3. That additional lighting is provided beneath the colonnade in compliance with the illumination standards of LDR Section 4.6.8; and, 4. That at least one external security camera is installed in addition to the internal security cameras. PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: August 18, 2003 AGENDA ITEM: IV.C. ITEM: Conditional Use Request to Allow the Establishment of a 24-Hour or Late Night Business to be Located Within 300 Feet of Residentially-Zoned Property for Excel Restaurant (Quasi-Judicial Hearing). B L V D. SHERWOOD GENERAL DATA: PLAZA Owner......................................... Gator Linton Partners, LTD. DELRA Y ApplicantlAgent.......................... Belony Excellent MINI- ~ STORAGE Location...................................... Located within the Linton . Square Shopping Center '" at the northeast comer of Linton Boulevard and Congress Avenue. Property Size.............................. 8.24 Acres Future Land Use Map................ GC (General Commercial) Current Zoning............................ PC (Planned Commercial) Adjacent Zoning................North: MIC (Mixed Industrial & Commercial) East: CD (Conservation District) South: POC (Planned Office Center) West: RM (Single Family Residential - Medium Density), POD (Planned Office Center), & R-1-A (Single Family Residential) Existing Land Use...................... Shopping Center 0 " Proposed Land Use.................... Conditional use request to L I N T DN B L V D. allow the establishment of a 24-hour or late night LJ~ business. fIl Water Service............................. Existing on site. 0 fIl Sewer Service............................. Existing on site. '" II: ARBORS .., 0=<> OFFICE _ PARK < z 0 0 ARBORS N omCE PARK IV.C. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a 24-hour or late niqht business (Excel Restaurant), pursuant to Land Development Regulations (LDR) Section 2.4.5(E). The subject bay is at the northeast corner of Linton Square, which is located at the northeast corner of Congress Avenue and Linton Boulevard (1459 & 1463 South Congress Avenue). The development proposal involves Linton Square shopping center, which was originally zoned Light Industrial (L1), but was rezoned to Special Activities District (SAD) on August 14, 1984 via Ordinance No. 52-84. At the time of the rezoning the subject property also received conditional use and site plan approval to allow a shopping center totaling 107,885 square feet of floor area. Linton Square was constructed in 1985. Subsequent to the original site plan approval a modification was approved administratively to relocate parking spaces from the rear of the development to the front. With the Citywide rezonings associated with the adoption of the Land Development Regulations in October 1990, the property was rezoned to its current zoning designation of Planned Commercial (PC). It is noted that while the shopping center was originally approved for 107,885 square feet of floor area only 104,620 square foot was developed. An approved outparcel was not able to be developed due restrictions associated with the widening of Congress Avenue in the late 1980's. The development proposal that is now before the Board is to establish a "24-hour or late night business" (Excel Restaurant) within two bays located in the northeast corner of the Linton Square shopping center. Pursuant to the Land Development Regulations, a 24-hour or late night business is defined as any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail store, grocery store, laundromat or similar use which is or will, at any time during a calendar year, be open for business at any time between the hours of 12:00 midnight and 5 a.m. In addition, LDR Section 4.3.3(W) (2) (a) (Conditional Use) states that any 24-Hour or late night business located or proposed to be located within a 300' straight line route from any residentially zoned property shall obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24-Hour or late night business is or will be located to the nearest point of a residentially zoned property. Excel Restaurant is described by the applicant as a restaurant and night club with an area to accommodate a live band and dance floor. The hours of operation are proposed to be from 5:00 p.m. until 3:00 a.m. As the business is located within 300' of residentially zoned property (Delray Estates and Delray Beach Highlands) and will be open after 12:00 midnight, conditional use approval must be obtained. It is noted that with respect to the hours of operation, within the City limits the sale of alcohol is prohibited after 2:00 a.m. Due to the inherent difficulty that would exist in ensuring that no alcoholic beverages are served after 2:00 a.m. in an establishment that would remain open after 2:00 a.m., it is suggested and attached as a condition of approval that the hours of operation not exceed 2:00 a.m. Planning & Zoning Board Stal. port Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant) Page 2 The restaurant will occupy two bays totaling 6,000 square feet at the northeast comer of the Linton Square shopping center, formerly occupied by Palace Restaurant and New York Men's Clothing, neither of which were open past 12:00 midnight. There will be ten employees and a seating capacity of 336 persons. There is an existing monitored alarm system with panic buttons in the subject bays. Additional security measures will include security cameras and three to five security personal that will be stationed inside the business and be equipped with flashlights and two-way radios. Outside lighting exists and two off-duty Delray Beach police officers will provide external security. As the structure and all attendant facilities (parking, drainage, utilities, etc.) are currently in place, no improvements are proposed with the petition. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to LOR Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LOR. 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 FLUM designation of General Commercial (GC) and a zoning designation of Planned Commercial (PC). The PC zoning district is consistent with the FLUM designation of GC. As previously stated, the proposed restaurant/night club is defined in the LDR as a 24-hour or late night business as the business will be open until 2:00 a.m. LDR Section 4.3.3(W) (2) (a) (Conditional Use) states that any 24-hour or late night business located or proposed to be located within a 300' straight line route from any residentially zoned property shall obtain a conditional use permit from the City for the operation of such use. Pursuant to LDR Section 4.4.12(H) (2), within the PC zoning district, 24-hour or late night businesses are allowed as a conditional use. Based upon the above, a positive finding with respect to consistency with the FLUM can be made. 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. The development proposal consists of the establishment of a late night restaurant/night club (open until 2:00 a.m.) within two shopping center bays previously occupied by a restaurant and men's clothing store, neither of which operated past 12:00 midnight. Traffic volumes associated with the proposed late night restaurant/night club operation will be the same as that generated by the previous restaurant and retail operations. The proposal will not have an impact on water and sewer demands, drainage, or parks and recreation facilities. Concurrency findings as they relate to solid waste are discussed below. Solid Waste: The 6,000 square foot restaurant/night club will generate 74.7 tons of solid waste per year (6,000 sq. ft. x 24.9 = 149,400 Ibs. per sq. ft. / 2,000 Ibs. = 74.7 tons), which is an increase of Planning & Zoning Board Stat. port Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant) Page 3 22.05 tons over the previous restaurant and retail uses combined. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. 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. A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the following applicable policy is noted: Houslna Element Policv A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed use abuts residential property to the west across Congress Avenue. The nearest residential structures are located approximately 135' to the west from the subject property. The restaurant occupies two bays, one of which was previously used as a restaurant, therefore there will be similar odors and noise generated. It is noted that the subject bay is located in the interior corner of the shopping center and the entrance to the bay faces the parking lot as well as Congress Avenue. While live music is proposed within the restaurant/night club, the actual bays are located approximately 350' from the adjacent residentially zoned properties, which, as previously noted, are on the opposite side of Congress Avenue from the proposed restaurant/night club. Traffic volumes will not increase and circulation patterns will not change with the establishment of the proposed use. Based upon the above, the business will not have the potential to negatively impact the safety, habitability, and/or stability of the adjacent residential areas. LDR SECTION 2.4.5(E) (REQUIRED FINDINGS): Pursuant to LDR 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; (b) Nor that It will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direction: Zonina: Use: North MIC Vacant land South GC Business and Professional Offices (Arbors Office Park) East CD Vacant land, C.S.X. Railroad, and 1-95 rights-of-way West R-1-A, RM, Single-family residences (Delray Beach Highlands), multiple-family and POD residences Delra Beach Estates, and a bank Wachovia Bank Planning & Zoning Board Stat port Conditional Use Request for a 24.Hour or Late Night Business (Excel Restaurant) Page 4 As previously stated, the proposed use abuts residential property to the west with the nearest residential structures being located approximately 350' to the west. It is noted there are presently no other businesses located in the shopping center that operate after 12:00 midnight. The proposed late night restauranVnight club will be located within an existing shopping center and no exterior changes to the site are proposed. The entrance faces the parking area and is also buffered from the many of the adjacent residential properties by a portion of the shopping center structure as well as Congress Avenue. As the proposed use will be within an existing shopping center with the entrance interior to the center, there are no concerns with respect to compatibility with the developed residential properties to the west or with the non-residential properties to the north, south, and east. Based upon the above, the proposed use will not have an adverse impact on the surrounding area, nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: (W) 24-Hour or Late Niaht Businesses: (2) Reauirements: Unless otherwise specified, the following regulations shall apply to 24- Hour or late night businesses: (a) Conditional Use: Any 24-hour or late night business located or proposed to be located within a 300' straight line route from any residentially zoned property shall obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24- hour or late night business is or will be located to the nearest point of a residentially zoned property. (b) Conditions: In addition to complying with Section 2.4.5(E) of the land Development Regulations, all other applicable regulations, and with any conditions imposed through the conditional use process, the following conditions shall apply to all 24-Hour or late night businesses which meet the requirements of subsection (2) (a): 1. Security Plan: A 24-Hour or late night business shall submit a security plan detailing the manner in which the business intends to address the security of the establishment, its patrons, employees and nearby residents. A convenience business as defined in Section 812.171, Florida Statutes (2000), as may be amended from time to time, is exempted from filing a security plan with the City pursuant to this subsection. However, convenience businesses shall comply with all applicable provisions of Sections 812.101-812.175, Florida Statutes (2000), as may be amended from time to time. A security plan shall include, at a minimum, a detailed description of the following: a, External lighting; b. Other external security measures, such as security cameras or other similar measures; and, c. Internal security measures, such as drop safes, silent alarms, security personnel or other similar measures. Planning & Zoning Board Stal port Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant) Page 5 The existing shopping center contains lighting, however additional lighting should be provided beneath the colonnade in compliance with the illumination standards of LDR Section 4.6.8. There is sufficient lighting in the rear parking area and adjacent to the dumpster. The applicant has stated that there will be a monitored alarm system with panic button as well as a security camera system for the subject bay. Also, three to five security guards will patrol the internal areas of the establishment while two off-duty City of Delray Beach police officers will provide additional security outside. It is noted that while security cameras are to be provided inside of the business at least one additional camera should be provided outside of the business. The provision of this additional security measure is attached as a condition of approval. 2. Bufferina: A 24-Hour or late night business shall provide adequate buffering to minimize the effects of noise and to act as a visual buffer to the property from nearby residential districts. The shopping center does not immediately abut any residential neighborhoods; however it is in close proximity to both the Delray Estates and Delray Beach Highlands neighborhoods. The entrance of the business faces the shopping center parking area, which is buffered from these nearby residential properties by a portion of the shopping center structure as well as Congress Avenue, a distance of approximately 350'. No further buffering appears necessary. (c) Findinas: In addition to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the following specific findings shall be made in order for any 24-Hour or late night business to be approved for a conditional use: 1. That the use will be consistent with Housing Element A-12.3 of the Comprehensive Plan of the City of Delray Beach. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. 3. That the amount and type of proposed buffering is adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential properties and to act as a visual buffer to the property from surrounding uses and nearby residential properties. Based upon the previous analysis discussed in the staff report, the proposed use will be consistent with Housing Element Policy A-12.3, which relates to maintaining stability. With regard to security, the existing shopping center contains lighting, however additional lighting should be provided beneath the colonnade in compliance with the illumination standards of LDR Section 4.6.8. Per the applicant, additional measures such as the provision of internal security cameras and security personnel will be undertaken. However, at least one external security camera should be installed and this is attached as a condition of approval. With regard to buffering, given the existing configuration of the shopping center, location of the parking area, and its separation from the nearby residential developments by Congress Avenue, there should be no noise impacts on the adjacent residential areas. Based upon the above, positive findings can be made with respect to LDR Section 4.3.3(W) (2) (c). The subject property is not in a geographical area requiring review by the Downtown Development Authority (DDA) or Community Redevelopment Agency (CRA). Planning & Zoning Board Stal, port Conditional Use Request for a 24-Hour or late Night Business (Excel Restaurant) Page 6 Courtesv Notices: Special courtesy notices were provided to the following homeowners and civic associations: . Abbey Delray North . Delray Estates . Abbey Delray South . President's Council . Crosswinds . Progressive Residents of Delray . Delray Beach Highlands (PRO.D.) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Notices were also provided to the tenants within the Linton Square shopping center. To date, one letter of objection has been received and is attached. Any additional letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use for Excel Restaurant will not increase the current intensity of the site. The development proposal is consistent with Chapter 3 of the land Development Regulations and the policies of the Comprehensive Plan, including Housing Element Policy A- 12.3. Also, positive findings with respect to LOR Sections 2.4.5(E) (5) (Conditional Use Findings) and 4.3.3(W) (2) (c) (24-Hour or Late Night Businesses), can be made as the proposal will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties, provided the conditions of approval are addressed with respect to providing additional lighting and security measures, and limiting the hours of operation so as not to exceed 2:00 a.m. A. Continue with direction. B. Recommend approval of the conditional use request for a 24-hour or late night business (Excel Restaurant), based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E) (5) (Required Findings), and Section 4.3.3(W) (2) (c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3 of the Comprehensive Plan, subject to the conditions of approval. C, Recommend denial of the conditional use request for a 24-hour or late night business (Excel Restaurant), based upon a failure to make positive findings with respect to Section 2.4.5(E) (5) (Conditional Use Findings) and Section 4.3;3(W) (2) (c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3 of the Comprehensive Plan, that the proposed use will hinder development or redevelopment of nearby properties and the proposed development will result in a degradation of nearby neighborhoods. Recommend to the City Commission approval of the conditional use request to establish a 24- hour or late night business (Excel Restaurant), based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E) (5) (Required Findings), and Section Planning & Zoning Board Stal .port Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant) Page 7 4.3.3(W) (2) (c) (24-Hour or late Night Business Findings) of the land Development Regulations, and consistency with Housing Element Policy A-12.3 of the Comprehensive Plan, subject to the following conditions: 1. That the proposed security plan consisting of internal security cameras, a monitored security alarm, three - five internal security guards, and two off-duty police officers outside the premises is implemented; 2. That the hours of operation do not exceed 2:00 a.m.; 3. That additional lighting is provided beneath the colonnade in compliance with the illumination standards of lDR Section 4.6.8; and, 4. That at least one external security camera is installed in addition to the internal security cameras. AUSchmenls: . Location Map . Site Plan . Floor Plan . letter of Objection Staff Report Prepared by: Robert G. Tefft, Planner LOW SON B L V~...----..." D -- LEGEND-- J ~ SO' ,~ EXCELL tl SHERWOOD RESTAURANT C2 PLAZA ~ !!l .. CONDITIONAL USE < REQUEST ~ DELRA Y 1585 S. CONGRESS AVE. ~ M~- o STORAGE LINTON SOUARE PlAZA BOUNDARIES N ~ I ~ · ~ ~ /v / AREA OF MODIFICATION '- S.W. 11TH COURT L-. __ I-- I I j\ J; _ ~ S.W. 12TH CT. "'-/ /"" __W EXISTING PlAZA COMPlEX - ~ I.. ~ - ~ (j - S.W, 13TH ST. ~ I ..--, ~ SUPPLEMENTAL INFORMATION " ~ ! ~ peN#: 12-43-46-19-38-001-0000 ~ ~" ~ - ~ S.W. 13TH CT. ~'" I.. L -.t APPROXJMATEACREAGE:8.24 ~ ~ j- c., ABRIDGED LEGAL DESCRIPTION: 3i t? t'! LINTON SQUARE ALL OF iii ; FJ_ _ PlAT(LESSWLY11FTS.W. III N __ _ 20TH AVE. RM') ~--,(---' 5, W. 14 ST J F I _ ~ UN TON" ZONING, PC (PlANNED t I I \ (IILELEN'E'"NE C:,..... ~ COMMERCIAL) ~ SQUARE U ./ / PLAZA FLUM: GC (GENERAL ( _ COMMERCIAL) ./ DRIYr"~ . EXISTING LAND USAGE: PLAZA , CATHERINE "\ V. (JIf? (- ~0 WlTHINi'::::'i':'NALYSIS I FIRST" UNION !jIG WITHIN CENSUS I i L TRACT, #69.04 L I N TON B L V D. . hi I~ ) ~ r \ PLANNINO 11 u i - ~ .. ZONINO DEPAR17lENT o W W E 1 c:: ARBORS "L.. 0 = C) OFFICE I PARK z SPRING 0 LON(;-1UNC8 DmSlON HARBOR. DICITAL BASI-IUPPlNC . ,J 15 0 U CEOC/UPB/C /NI'ORJlAT/ON m ~ sn~ ~ c ~< ~ MAP REFERENCE,: LJ/1,Z Ct: -- AUCUST ZOD3 -- ~ " ~~O ~ SPRING ~ ~ >'! ARBORS ~ ~o~ OFFICE ~G" PARK 0,-0 ARBORS ~ OFFICE OFF/C. T DEPO T PARK 4.-z~ qc::...- , ~, 12-lf~-I1(;-L.f' - ?~? - 00/0'1 , '" z 0 'tJ~ CO) -n"''''' ~ l>Os;: -t XZ:;;UiO _m~~:D "'- Qwm%:- U10~mZ -!!!~:..< CD _ CD:;! .p.CD.,,(.) ext"',....c..-t . coO 3: O),:D(I)m .p.CDS-I ....,0)>. Z "'...~ -t CD~ (J) i$ C> , , r "Z ",--f rO ;::Z, DJtDZ ~ mr -. en , :.ltm:::::::-::~It -'-I )><-Ir- '-0 .f>m 'O!=' O~ ^iri () (J1:z :I:>zcn }> I -: CO)> o z Z '"Cl-l I = !~ QOZ gOu>C'J , - " , -I ZOO"O }>O ---- ... --f 0 r zZ .f>Ul ~zC)> ,~ II, ~~)>Z o.~ ,.,..~. , 0l-cJ I r m :l:I ~ II ~_LLL~ It , !.>)> ~ ~ m $ () ~1t(~II-I\;lJ ()m 0", 0 "'< NORTti ZI\) I !" O,{...) 0 l;:u'...... I , -: mli\l . t 0 I z en-l> " '" , Ul m U> )> U> "" '" < , < ~o {::~::) m !" , , It I ._ 10"" ~... (>.to> 51') , 1ll...'.""5I' , , . {I"" 51') , I <II '-'".." .'._51' 0;; ,~!H = <:;"''''21 , ~ (1)~ .. 1r!~ ';ill ~ ~ll'l! -: Il!l j - ~ , . ~ ~~~~g".t r-l i- %0 ~~~ , H~ . ~~ . al~' I ~ Q~ i~il~i ., , ~ ~ . j ~ i ~ " 't:- ; " , ~ ;:l .~ .- -- " ,i<" LINTON BL YD. ------..--,..--- \, ~.._--- ., ! " , 0 IllP ,-- j II - W . I . II' , I i I I n' II ~ ,! ,. II , ; i~a~~~~ ~I ':l.l5'ij:jil:;!ije ~"a~,~i~i .. 'ji'" J::I , ,~-.~~>:~t> ! H .;~ !~? . ' 2; ':l~~ " H ei ail '. ~'o 'I IF ~ I ~ , . , . ~ -< M ~ ~~ ~ ~ .. c ~ ~~ ~ z ~ "'_,u ........."".- ~ , , ~: . - e 2' ~ljl 7' - il Ii ,/1 ',. z. ", +---+-...1-0' l. A '1,1 1'., r 'I I., . I! I II II [I~I .. """"""'" """""] ~, , !l! Ii ~ -t . I j';, FOR: MR. ~~.- . c'~n 01. ,." ,I i I! .li." I !'i 'I ~'I is! ii 'Ii PHONE 305-79a 2544 ---- City of Delray Beach Memo To: City Commission From: David Harden !J/t1 cc: Date: October 30, 2003 Reo CRA Request to Release Liens of $8,435.23 The CRA is requesting that the City release liens on this vacant property which have accumulated over the last 17 vears. The City has had to maintain this property for that length of time. Although this request meets the criteria recently established for such waivers, I recommend that this request be denied for the following reasons: 1. I previous similar cases where we have waived such liens, the amount of the liens has constituted a majority of the purchase price. That is certainly not the case here. 2. The CRA appears to be assuming that they can get two lots on this property. That will require a waiver of minimum lot size requirements from the City Commission. 3. In my opinion, the CRA is paying too much for this property. They are driving up the price of lots beyond what is feasible for affordable housing. This in itself will contribute to gentrification of the area. On this same agenda we are buying a lot in the northwest area for some $18,000, which is the most we have ever paid for one lot in this area. 4. If the CRA can afford to pay $50,000 for this land, then either they or the seller can well afford to reimburse the taxpayers for maintaining this land for this last 17 years. Recommendation: That the request be denied. 1 'ic- -..------ Community Improvement Memo Too David Harden, City Manager 'eR From: Lula Butler, Director, Community Improvemen B Date: October 30, 2003 Re: Request for Release of Lien ITEM BEFORE THE COMMISSION: Consideration of a request for the Community Redevelopment Agency (CRA) to release liens assessed for abating certain nuisances including the accrued interest and administrative fees on a lot located on Southwest 7" Avenue. The total amount of the lien is $8,435.23. BACKGROUND: The City Commission approved a policy goveming requests for release and/or reductions of liens at its regular meeting of October 21, 2003. The policy states that the City Commission may consider reducing liens up to 100% when coming from the CRA in support of providing first time homeownership opportunities under the Renaissance Affordable Housing Partnership program. This request is consistent with the direction and policy approval of the Commission. The CRA's application requesting the reduction of the liens, a copy of their contract for purchase and transmittal report to their board is attached for your reference. The CRA anticipates finalizing the purchase of this property by November 20, 2003. RECOMMENDATION: Staff is recommending approval of the request from the CRA to reduce the outstanding liens assessed to the property as represented in their application in the amount of $8,435.23. LB:DQ Attachments 1 ---------------- . __ _ _ _ __ ___ Charge I3reakd?w-,,-----_ -------------- Customer # 192 . --------- ------ ~ 'Name Alvin McFord -----~--- IAddress ,SW 7th Avenue------- _ ... [-- - --.~D;ir_;;_yB;a~h~Florid~__ _ __ OAl"-: =.=,NV'''C':: I R'C~:~'N~.. ADM'N~,~n'E *:ii~"'NC"= 1.0/6/1989 ----r-13337 I 2.4.0 ~ 1.0..0.0 ~-- 23..0.0 10/6/198_9----t---13338._ 2.4.0 - --I 1.0..0.0 ---T-- 23..0.0 1.0/6/1989 __ 13339 2.4.0 10.00_____-l 23.00 12/14/1~88 _L__~D75_ 2.42 W,OJJ_______ 7.00 12/14/1988 12076 2.42 t 10.00 7.00 -- - ,--- 12/14/1988 12077 2.42 10.00' 7.00 12/14/1988 .... . 12!=t.78...,.. 2.",2___ ._..10..00L .. Lo_o_ - 1~!.4/1988 --I 120~__ 2.42 10.00 7.00 3/17/1988 11186 2.11 7.00 45.00 ~;}~~}~:: . - ~-~~~:~I- ~:~~ =1 --~:~~----I _____;::~~ __ 3/17/1988 --, . .11.1.8.9 j__2.11' 7.00..L___~0~ 3/17/1988 _J ___1119~ 2.11__I.DO 45.00 8/19/1987_____ - 1.0324 I 2.31.} 7.00 r 16.00 8/19/1987 1.0325 2.31 7.00 16.00 8/19/1987 10326 2.31 7.00 16.00 -- '----( . . . ---. 8/19/1987 10327 2.31 I 7.00 I 16.00 8/19/1987 10328 2.31 7.00 16.00 __ ______ _u_____ _ ___________ 5/29/1987 9646 2.10 7.00 25.00 :;~:;~::; -=-- -~::~ -- .~~.~ ;:~~. I.... --- ~:-.:.-.~.~-. 5/29/1987 9649 2.10 7.00 25.00 __._______..___.._ __..._ - n__.._.... _ 5/29/1987 9650 1 2.10 7.00 25.00 9/12/1986 826.0 2.33 7.00 19.50 W1V198' -",C 2." 1 '.00.: . ,=,." :;:~;:m -_:=- :m-- m I ___ H~ -=-j~~-~-====i~~~-::::~~~- 1/31/1986 8.058 I 2.19 I 7.00 '35.00 1/31/19!l6 8D59! 2,19 7..00 ___ _ 35.00 ~;~~~;~:- :~:~-- ~:~: ;:~~ .~-- ._._-~~~~- 1/31/1986 8062 2.19 7.00 35.00 :--i- t - 1_== " , ~---..n. I....... I '-------- -----t__ . ----- --------------------- --- Page 2 SW 7th Avenue ' += 11/29/200L !2107LJ-=__~ - 80.00j___ u74.90-- ,~""OOO '" ".! 2.92 T.. .. ".00. 92 ,,,,-- 12/2/1999 u_1E457__ 4.22 ___u 70.00____ .. 80.75 8/3/1999 14497 - 55.00 79.00 11L12/1998_ 12712 4.11, -- 70.00 t- 77.()()____ 7/23/1998 12157 2.61 70.00 77.00 ---.-.-.---- "__ _ ---1-- ______ 4/2~/1998 __-:-~1676 2.24 _~' _ 70.00275.00____ 8/21/1997 10146 2.90 70.00 69.00 --- -- - - -- ---- 11221"" ""'~ 2.58 ".00.. _69.00 ___ 8/28/1996 7976 1.53 70.00 85,75 --- 1 --- ----- ----- ~;~~;:::i -t~-;~;: - - --- -11}~g ---~~= 7/25/1995___---l 6120 2.80 70.00 ..-+'_i5..6.00 __ 9/14/1994 3934 2.73 70.00 57.50 6/10/1993 ,19414 2.70 70.00 74.64 ;t;H~=1ffit .~ 1~v= ~~r.;~ ~;~~;~~~~~-I -~1~~:) ~:~~ ~~:~~~ '. -- ---~~~~~- ---- 9/i1/1990-! 14756--2:60- 10.00 - 11.00 9/21/1990 14757 2.00 10.00 11.00 ---- ------- 9/21/1990 14758 2.00 10.00 11.00 3/22/1990 14094 2.17 10.00 13.00 3/22/1990 14095 2.17 10.00 13.00 3/22/1990--1 14096 2.17 10.00 13.00 3/22/1990 14097 2.17--- 10.00 =t=- -~- -u=1}~O()_ 3/22/1990 14098 2.17 10.00 13.00 --- ---..--------------- 10/6/1989 13335....___ -- 2AO ---- 10.00 --i- 23.0() - 10/6/1989 13336 2.40 10.00 23.00 .--- ---------- -- -- -- -- ---- -- --------- -----..... ,-..... ------- --- -.-. , ~.._---- .-- ...... _ _ ___"._'M._____ _ __________....____. _...____ TO""...ih _...~ _ _ .: __.1"58 "10.00 ut ..'60'."_ ~----- --- -- --- - - --- ----+ -!---..-...- -,-,-_. -.__ '_._n______ PAYMENTS TO VENDORS 2608.48 __'_"m ______ ________n_ +- RECORDING FEES 144.38 -c--. _ _ _ _ _J_ 8435.23 I City of Delray Beach Department of Community Improvement REQUEST FOR REDUCTION OF MUNICIPAL LIENS FORM I. Please complete the information listed below as the requester for lien reduction. . Requester's Name (if business, please list company name and contact person): Community Redevelopment Agency (CRA) . Address: 104 W. Atlantic Avenue, Delray Beach, FL 33444 . Contact Telephone Number: 561-276-8640 . Fax Number: 561-276-8558 . E-mail address: 2. Please indicate if the company listed in I, above (if applicable) is: 0 For Profit [i] Non-Profit 3. Property information - Describe the property for which this request is being made: . Address: xxx SW 7th Avenue. Delrav Beach. FL 33444 (formerly owned by McFord) Customer # 192 . Property Control Number (PCN): If. - -...!..l. -.!..~ -1-&.... - Q....L -~LL - ~...1....1.~ . Legal Description: TOWN of DELRAY, Lots 22 to 26, Block 15 , . 4. Property acquisition information: . Date of Purchase: Property is under contract. closinq 11/20/03 . Method of Purchase - Warranty Deed, Tax Certificate, etc.: Wrlrnmty Deed . Purchase Price $ 50.000.00 5. Briefly describe exactly what you are requesting from the City: The CRA is requesting the reduction of all City liens, interest fees, administration fees and associated costs attached to this property. 6. Briefly describe the purpose for which subject property will be utilized and your proposed timetable for implementing such use: The property will be purchased by the CRA for use in City's Affordable Housing Program. The lot will be available once under the CRA's ownership. 7. Have you requested lien reductions at any other time from the City of Delray Beach? If so, when and on what property: no ~apvU\ Owner (or owner's agent) Signiifure Date Submitted Director Agent's Title CONTRACT FOR SALE AND PURCHASE PARTIES: Prime Prooerties of Palm Beach , ("Selle~'), of 5361 Cedar Lake Rd #1314. Bovnton Beach. Fl 33437-3069 (Phone ), and COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH, ("BuYer"), of 104 West Atlantic Avenue, Delray Beach. Florida 33444, (Phone 561-276- 8640), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Prooertv") and personal property ("Personaltv") (collectively "Prooertv") upon the following terms and conditions which INCLUDE the Standards for Real Estate Transactions attached ("S~andard(s)") and any addendum to this instrument. I. DESCRIPTION: (a) Legal description of Real Property located in Palm Beach County, Florida: TOWN OF DELRAY, Lots 22 to 26, Block 15 Property Control Number: 12-43-46-16-01-015-0220 (b) Street address. city, zip, of the Property is: xx SW P' Avenue (c) Personalty: NONE II. PURCHASE PRICE: ...... ................ ........... $~~511,,09Q,OO~~ PAYMENT: (a) Deposit to be held in escrow by Robert W. Federspiel in the amount of $ , 000,00 (b) Balance to close (U.S. cash, lOCAllY DRAWN certified or cashier's check), subject to adjustments and prorations $ 49000.00 III. TIME FOR ACCEPTANCE: EFFECTIVE DATE; FACSIMilE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before fourteen days (14) after the execution of this Contract by the Buyer, the deposits will, at Buyer's option, be returned to Buyer and this offer withdrawn. A facsimile copy of this Contract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. 'V. TITLE EVIDENCE: Within thirty (30) days after the execution of this Contract Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (CHECK (1) OR (2)): (1)( ) abstract of tiUe or (2)( X ) title insurance commitment and, after closing, owner's policy of title insurance. V. CLOSING DATE: This transaction shall be closed and the Warranty Deed and other closing papers delivered on or before forty days (40) following the full execution of this Contract, unless extended by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shali take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7.5 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; other None; provided that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for residential purposes. VII. OCCUPANCY; The property shall be unoccupied as of the date of closing. Seller agrees to delivery occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract): a)( )Coastal Construction Control line Rider b)( )Condominium Rider c)( )Foreign Investment in Real Property Tax Act Rider d)( }Insulation Rider e)( )FHANA Rider 1)( )Other: X. ASSIGNABILITY: (CHECK (1) OR (2)): Buyer (1)( ) may assign or (2)( X ) may not assign Contract. XI. SPECIAL CLAUSES: (CHECK (1) OR (2)): Addendum (1)( X ) is attached OR (2)( ) is not applicable. XII. TIME IS OF THE ESSENCE OF THIS CONTRACT. XIII, DISCLOSURES: Buyer ( X ) acknowledges or ( ) does not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosures. _BUYER'S INITIALS ___n____-pr f rr.:,tPh'7 v-I- }ht ~)'\., ~~ Q~v1V~ ,!'\,e. LO~iO~ /( J-- I Okj ~ uyer Date Seller Date Social Security Social Security jc)- 1-'0 ? or Tax 10 No. ar Tax 10 No. Buyer Date Seller Date Social Security Social Security or Tax 10 No. or Tax 10 No. AODE......UM TO CONTRACT FOR SALE AND PU,,':HASE SELLER: PRIME PROPERTIES OF PALM BEACHES BUYER: COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH PROPERTY ADDRESS: xx SW 71r. Avenue PROPERTY CONTROL NUMBER: 12-43-46-16-01-015-0220 XIV. SPECIAL CLAUSES (Continued): A, RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Paragraph N of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA-): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. C. This Contract is contingent upon the COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH'S Board of Commissioners approving this Contract within fourteen (14) days following its execution by the Seller. D, The soil, surface water, drainage requirements and runoff availability, geological conditions, and environmental state of the property being purchased must be acceptable to Buyer in Buyers' discretion. This shall be determined by test boring and other soil, geological and engineering studies which may be conducted by Buyer at Buyers' expense within the time permitted for delivery of evidence of tiUe herein. Notice of the results of such testing shall be furnished to Seller. During the term of this Contract, the Buyer, or Buyers' employees, agents, representatives, or assigns, shall have full and complete right to enter upon the property for the purpose of making any and all inspections, tests and studies of the property. In the event said conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the right to cancel this Agreement and receive a refund of all deposit monies paid hereunder. COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEAU BY~;'AO ~~ S',h.JIDARDS POR REAL BSTATB TRAlfSACT~vlfS .. EVIDENCe OF TITLE: nlAn abstract of title prepared or brol.lght Cl.lrrent by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purportinq to be an accurate synopsis of the instruments affecting title to Real Property recorded in the pl.lblic records of the county wherein Real Property is located, through Effective Date, It shall commence with the earliest public records, or such later date as may be cl.lstomary in the county. Upon ciosing of this Contract, the abstract shall become the property of BL.lyer, subject to the right of retention thereof by first mortgagee until fully paid. l21 ~ titi~ insurance commitment issl.led by a Florida licensed title insllrer agreeing to issue to Bl.lyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amOl.lnt of the purchase price, insuring Buyer's title to Real Property, sl.lbject only to Liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable tItle shall be determined according to applicable Title StandardS adopted by i1l.lthorlty of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defectls). If the defectlsl render title .,mmarketable, Seller will have 30 days from receipt of notice to remove the defect!sl, failing which Buyer sha.ll, within five (5) days a.fter expiration of the thirty 1301 day periOd, deliver written notice to Seller either: (II extendIng the time for a reasonable periOd not to exceed 120 days within whIch Seller shall use diligent effort to remove the defQcts; or (2) requesting a. refund of deposit Is) paid which shall immediately b", returned to Buyer, If Buyer faiis to so notify Seller, Buyer shall be deemed to have accepted the title as It then is, Seller shall, if title is found uMlarketable, usedlligent effort to correct defectlsl in titl'" within the time provided therefor. If Seller is unable to timely correct the defects, Bl.lyer shall either waive the defects, or receive a. refl.lnd of depositlsl, thereby releasing Buyer and Seller from all fl.lrther obligation under this Contract, . ~__u_ IIllllAl 1~'PGt;a, V'\llI-'t'1'lI' nSNIII.l!iill'J WG Rl:LBP ") ] a~e PH :~ ~ , a~ EI II S ~ ~~,: l.e:8ell: .at a.ll !'~~ iae fa~ .'i 39 !:la, 1~ a:: j :"ie!:l iF ~h: : : Bf a:f, '~ if ;. {' ~ IIu~Jn: .a .;! a H aa, ~H:: c Jifs:: , S8~ mE~~~: ~: l]lll Jllei!:le E 1,110 8f,"eJla,lI'st t s 1 e : ~ 1 r" _ 1He~~ j: alt,' sFall r: !Tit 1.l :1 ""tis I : : sf t~ar af: ~f , Lal ~ :~:H~ S~allle~li~: ell !,Fis! li:r a s1! .J..13~are85 ~l In ]_rl if ~::;t B~a .:Ii!'lEJ a~!:I f:liili1l1~!l'fieat'srg :f s ft ~ aa aF ces .!i: r '""'I': tll., I] stall :,1 E~:,:F te liS " r l'_':a af , , eeF tal i ~ ;, Ja" 11 "s~~~: l:: ~l :"lFJall i j S : 8r~a 13:a :!l l 1'.pe Ileal p" ):.! ; aEJai~a~ fi : 1. .;! ,;,11 r:F'] S i~:l LsI itFlF ~t: c " L2~ae1l :: : ~ : de ~8 ~R': ~ I" a J il) H18~ dsls a d r 'Is aa g~ll:.! ,;" .ar alll~ .!:~ _, ;'AaAa: ~~ 1 t s lil e i ~ t' ~ "_ i~e~~a~l: aU: a~9. H: .,anJ.q:, ~ SlOe : i s l, aEJ ::pa 1] llll" eH:l1s: fa.", ar EI : 3 t ~ .~Jirea 10. ~:ll F E ~ e ':.' :ll:~ L, 8Fl:, ~aq~i : :lL J: :Ht: 1; fura [ I: , ,_, R': 'qa3: : , a~a seal it, . ~lS ~e e .ill, '1' ~:(i 13:, n i ~ 1 d lea~ ir stLt ': ~ 8tate . l"~al llaF : 1: d iA 1Ol>e :: . A P:, 1 l' "~: , is Ie a31 : ~ "11 P se~al ~ :,: , a~9 I:", ! ~: ~ : :;:9 "" assi, .J '11, at C 11: s,,1OiSf E: llj_ ta th lL . - it:. al ::r: , e:!l 13; L::: d j HAareir~ :l.3. : : . Hs llall!"~ "'el~ ,S ~: U: HAal 1 ~ : E. '1l8'B"eatii:j:.! " r :,"eF~" Ul :: C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real PropeJ:ty surveyed a.nd certified by a registered rloJ:ida aurveyor, If the survey discloses encroachments on the Real Property or that improvements located thereon encroach On setback lines, easementa, lands of others, Or viola.te any restrictions, Contract covenants or applicable governmental regl.llatlon, the same shall constitute a title defect. . 'IIlNB'IIlS B~; : . 8,_ '" eU/3eAs:, , ~i"," alla :01 ~l .'l l' _F e i9:r:: : f U aA(i ~E : ar' : R' a~ r a : Pi :al , r.!t~ 1 s,:e Hi l, a J?la~ -!la 8:.! 'f' sol Paat IOsr 18..iLl..I"~"] 1i8t:nL: if ia aT, isHL L L:..",its if 1SA: [s'U tir I ~a .a,: f 1'.HR'it: i Ie: L1 1'.t: I'~ e/le . If , "~ !saH ,a : f 8~j :. iHtesl j1., fe Jat: :f tt: Aetieelt:li::f itili!'l "is" t: r.a :l Ef t"eaH: ~ if ~_i"B(i, es~i : :tl 13, \:'/3:~,a1Ou ,a ~ Ell .;l , I . ea n!l ::t' l de:, a 11B1. Lj Ie l(i:ra11_r:lsl :!. Fa"tel C:ll:.! sl 11 ~a~ aLi!l Beats ef t:.H,a1Olllert arsl ~:f. i~ at all ral"s ~: , ~ I: "If: Jr t ~ : ill.;! ip PalB~lia~t ::111 lal. If :ni 1.L9 :Bs~a , :.::3 :t.l.t !'It, BJ,eli Eralll.i8 tA8 a/l1;lsr at :ar ::1 ~EJ tAls E8A~ a:t tUiF [(ia,s afL ::i"t sf ::russ "e/3all :9~i!Tat: ~, ~ ' l~" IltteA : ~" (;:llel :li BJ, ~ l~ L ~ e /3" 3 ::".i , He tnfsa:lL , a~(i cBei : a : :ilH at "helF" :r t:.s.. _H "liS U:1i i PUal~"/lt ::III(al "'l': :s"8ta11 ..eaeer .!J i,,:1~9: all ::Jd , '~EJ s IS. ii : ,_lL9tB13e :~ , J l He rl: 'j , SaA t~ 1 ': 1.1 alf:F(i"9 .. INGRESS AND EGJU:SS: Seller warrants and represents tlldt there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof. title to which is in accordance with Standard A. r " "1r'l1Bll (,1l:1"8F311 , ~all i~ (ia, a ~ :{ , , iT. {>H l:t oil, ::/li:safall , l:a,,"sar :3 ,j 11:ttBl"s fH I 10.. aF~ :,:: f, , , at~ : ;, ;l J 1 ia~ at He ~: a 'l ~ Fa;, ~:r tal . _, all a~ Ball ~:r ~ ;. j 1 "it:, 1:1 :iU,3,al<l .I! ~ , If f:ll :.! 's ~rallle ~: :ta ~ ~:~ 1: "-te~ f : ~l a~", tt: :a : . aHer ,1'311 L { 'e~:a 13, E:il:u : e,l ltki.~ Hat ti : r d ir He f: , Ealle~'s aHisla , ar 01 B~,:I !Ta~ ~]: ft:. 8sAta:tt:1. , e'''Rfi~/ll 3HI fl HaF Eell:..still , IssiA~, a:1 , 1. d a"ei~r all : ~' ,;,1 1 33ea lOa Il :,: G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, l.lnless otherwise provided for here!n, of any fin"ncing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of clos1ng. If Property has been improved, or repaired within that time, Seller shall deliver releases oc waivers of meChanics' liens executed by all general contractors, subcontractors, sl.lppliers, and materialmen in addition to Seller's lien a.ffidavit setting forth the names of all such general contractors, sl.lbcontractors, suppliers and materialmen a.nd fl.lrther affirming that all charges for improvements or repairs which could serve as a bdSis tor a mechanic's lien or a claim for damages ha.ve been paid or will be paid at closIng of this Contract. ., PUCE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of th.. attorney Or other closing agent designated by Seller. ,. TIME: In computing time periOdS of less than six 161 days, Saturdays, Sundays and state or national legal holid<lys shall be excll.lded, Any time periods provided for herein which sha.ll end on Saturday, Sunday at" legal holiday Shall extend to S:OO p.m. of the next business day. T1_ i. or th8I ....nee in thi. Contr."t. J. DOC:t...:NTS I'OJl CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant a.nd mortgage estoppel letters, and corrective instruments, Bl.lyo;!r shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements. .. &XPENSES : Documentary stamps on the deed a.nd recording corrective instruments shall be paid by Seller. Documentary stamps and intangible tilX on the purchase money mortgage and a.ny mortgage assumed, and recording of purchase money mortgage to Seller, deed and ftnancing statements shall be paid by 8uyer. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement and closing f",e, shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V. L. PRORATICMS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenl.le of Property shall be prorated through day before closing. 8l.lyer shall have the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decrea.sed as ma.y be required by prorations to be made through day prior to closing Or occupancy if occupancy occurs before closing. Adva.nce rent and security deposits will be credited to Buyer, Escrow deposit" held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with dl.le allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a. date when the current year's millage is not fixed, and current year's assessment Is availa.ble, taxes will be prorated based upon such assessment and the prior year's millage, It current year'" assessment is not available, then taxes will be prorated on the pt"ior year's tax. if' there are completed improvements on Real Property by January 1st of year of closing, which improvements were not In existence On January 1st of the prior year, then taxes shall be prorated based upon the prior year's millage and a.t an equita.ble assessment to be a~reed upon between the parties, failing which, req~_Jt will be made to the County Property Apprai~._.. for an informal assessment taking into consideration available e"emptions. Any ta" proration based On an estimate shall, at requeSt of either party, be readjusted upon receipt of ta" bill on condition that a statement to that effect is signed at closing. H. SPEClAL ASSESSMI:NT LIENS: Certified, =nfirmed and ratified spc~'ial assessmer.t liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been "'ubstantially completed as of Effective O",te, any pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of aSsessment for the improvement by the public body. II 11185>.1;'11911 gP'IR 111m I" ll"Ril!lWlg. Sllar , , ti>a~. H sf 19 'l:~s r is> ts :1:s' ~, l;~e : '1' PJ ::f ( =13!iiFPJ H: l'aseia a.;l .'.lHits) 3 j :~ i e 1d irt_fi: llE, f; 1S. . eaa.311s [B> :~4 il :~tl ar.;l : ~ 7~ ~e :: il~; . ICII?U; ~;;~~~.~~ ~J: 11 I s~I, ~n , a]_ ~ ~=!4 al J 7:".01 ~: S:tll . ~e.~l, til a]3]3Ha <-~3. l!1e:"ari:il S. r ~ati ~, L' 7S,.ot , d".a" :J LF -en :rr 'ii €3t1BIT t 'el . T 2 f S,,:~ , Hilr J! 11 E: HI' ~il t" !~ ~ it: B]3e=ifie<l , :H~l . 3 . ia:! il<taU ~ e, ",s" B,:.'s.'.! ~ a e 3, L' "AS r a.sl~ f H"s~ i J, s.fi."s L ! B.Lfal 5"a~' :.1' ~iA~ i.l t : i~B~ezt.: ~.'.. ~ rela' ~.'. :ss4~a!i: . 1 l' eer 5a t 3 .'.1 ~J"r:-,: . f ~e~4i S j) L, "'FSpp., :1, 11:: jrle , .aeta". iii 3; : f .~t all ,,~i", ts I? , . s "ee ~j. :, ~"t Ie:.! , 1 9 aa~ S c !3 el~E ,. Fist:: , f.' E. "81'S ~ 1'.i. ~ t.'. >::11:> "del ~:ms to" 3t :: m::! U: if. ~tar ~l. &3 "- ES a..t::B lassllJ: tlf:l:, ":r U > Elf ts. Bt:.,: ~I 11 In j~: dE:ta: :/lEeilS.!'3 -l""ilrti:.aaL ~:{~:_ts :t r>t:a. If 2r ifSSf :)lL til: :~ , te s:'"l'l, I His Cad d. SelL I 11 ea"SE H~ : !'f, "a~: a d ~illl ~J~ , : H: ~"e. JlH ia:El i P.'.. ,fa~r ;aII ( I Gll:f ,srst , dtse: :~a t ~ B Jl r1 :r~: . BeSH":t': , : ~~l:!IS :i _ Ei F, a 1:f:.'. .s:' l:~ 1.<; F:S~ e~ sie1: : ri. el l"eJllaee If : eo: :1 Bt "ar;..a ~la~! lOIe ~I! 3A1'. ~"a i , ra ~, :, I :aII (~I. B , 0::11:" IM'J :1: L ~s "a, S :r : ::ss, fail i. ~ ~ieF :iH: ~al"!, I<a, : 1 tFlS'J: IfSel!: _ Jral31:ts eel; H: .;Lf s ~H: H :l"siA~. ~~B eS8t tl [ B"o.ll l1: r~i!i irt: : : i1~ elJ" 4. S:llef E ~ll, ~~9r !:~5: ~~l flat i:a. j~ , JtiliH: i~: 3 : a , ts He P f.: , f:f s,: 5, i :1 ~. A~ a al , 3~F I' i.s elesirPJ , , Un t,,:~ ~ll 2mse.P: 1 ?o,s:"" Ha A:all':r , ara, ! l ~ ~ ts tt ~ f3f':~sir~, ~aE all ,e"'4 :J F:~ai Ii ~ 1 F:l'lilEalf: t9 : se: ~L ~Ei "Fat t : P r!!;' if:l Ji , E~! r: t 1 !:~ te, 1.'. , E~'J:rolL . Jr , ifi" I ES::_ , i.r:_Eiir I ~ j,"i" , 7ilS et..tf Sa~:. e~ ~ i i J e. a ~ : ::J3"aj O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3' of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed ar. closing. If the cost of restoration exceeds 3% of the <lssessed v<lluation of the improvements so damaged, Buyer shall have the option of either t<lking Property as is, together with either the 3% or any insur<lnce proceeds paYiloble by virtue of such loss or d<lmage, or of c<lnceling Contr<lct and receiving return of deposit Is) . P. PROCa:DS OF SALI:; CLOSING PROCEDURI:: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would r~nder Seller's title 'lIlrnarketable from the date of the last eviqence. All closing proceeds shall be held in eScrow by Seller's attorney or other mutually acceptable escrow agent for a periOd of not more than 5 days <liter closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 3Q days from date of receipt of such notification to cure the defect. If Seller fails to timely Cure the defect, all deposit[s) shall, upon written demand by Buyer and within 5 days after demand, be retu-rned to Buyer and simultaneously with such repayment, Buyer shall return Person<llty and vac<lte Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If BU'ier fails to m<lke timely demand for refund, Buyer shall take title as is, waiving all rights <lgainst Seller as to any intervening defect except as may be avail<1ble to Buyer by virtue of warranties cont<lined in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of d<lY <lnd procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortg<lgor. The eScrow and Closing procedure required by this Standard may be w<lived if title agent insures adverse m<ltters pursuant to Section 627.71141, F.S., as amended. 0, ESCII(lW: Any escrow agent I "Aqent.') receiving funds Or equiv<llent is authorized <lnd agrees by <lcceptance of them to deposit them promptly, hold S<lme in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contr<lct. failure of clear<lnce of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of Contract, Agent may. at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until <I judgment of a court of competent juriSdiction shall deterni.ne the rights of the parties or Agent ffiilY deposit with the clerk of the circuit court h<lving jurisdiction of ttle dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully termInate, except to the extent of accounting for any items previously delivored out of escrow. If a iicensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller Where Agent is made a party because of acting <IS Agent hereunder. or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with these amounts to be paid from and out of the escrowed funds or <1quivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent. R. AT1'OJINEY FEES; COSTS: In any litigation, inciuding breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litig<ltion which, for the purposes of this Standard, shall inclUde Seller, Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475. f.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses. .. FAIlAJRE 01' PERI'ORMANCi:: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit Is) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated d<lmages, consider<ltion for the exeCution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller sh<lll be relieved of all obligations under Contract; or Seller, at Seller's option, m<lY proceed in equity to enforce Seller.s rights under this Contract. If, for any reason other than f<lUure of Seller to make Seller's title market<lble after diligent effort, Seller fails, neglects Or refuses to perforn this Contract, the Buyer may seek specific perfornance or elect to receive the return of Buyer's deposit Is) without thereby waiving any action for damages resulting from Seller's breach. T. cm'I'RACT NOT RECORDAIII.E; PERSal'S BOUND; NO'rICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context pernits, singular shall include plural and one gender shall inCiudeall.Noticegivenbyortotheattorneyfor<lnypartyshallbeas effective as if given by or to that party. U. COttYI:Y1oNCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal representative's or guardian'S deed, <IS appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise <lccepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of saie with warr<lnty of titie, subject only to such matters as may be otherwise provided for herein. V. OTUJl;~S: No prior Or present agreements or representations shall be binding upon Buyer Or Seller unless included in this Contract. No modification or change in this Contract Shall be valid or binding upon the pilrties unless in writing and executed by the party or parties intended to be bound by it. .. 1O.IUU.N'rIES: Seller w<lrrants that there are no facts Known to Seller materi<lUy affecting the valu-e of the Property which are not re<ldily observable by Buyer Or which have not been disclosed to Buyer. ~ i. '" I"'" , . ",(I ~ "" -, J' - 'I" ~(J _ " , <>" . -'~~vl:. , 'J 11< -tt 1 ,4l"4' ,~J ,I '4. ' 6" '" . 5 . 'I' i, Y III '0 7 III 13:5' ~ ' ... , ~'~ -. 6"X4'RED.e" [1" , (# '" , 3 [ 0) , ' 4~ .". y f-----.:- 17 ~ 8 15 ~ 6". ~ , "" _z. ' ! 7 8 ',,.,, I J ' ,~3 : III 2, 5P. ' ,- 8 1 ,.,.., .. 'il ,32 2~' -.' ~ ,'1'1 -. 8' I q ,\ 0 l3, '"-5' 'I<j, 30 25' ' " ~ ~ Zc 0 '.~ II 2 '0 ::'::0 29 !\'i II ..:...::. 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I-- ~ .; I JJ. . ~ '21 :.. 9' ,,~~o',o "t~ \ I.,F- I~~' '" ~ ~ . S:' -;1 'Z '12" ~ 22 i /0, '~IO I U,'" '00' ~ ,'r'6 >~~71, " If. r: Ct)M I." I. ~ ~ '4z1. -II ~ '012 13 \4~ 15-~ ~ '''_.II. ~:l,~ . ~ '-J .IU ~.. 51" 12 "! ~' . 1'1' II. "I.:. 50 1M' , ".. """ 5 5' ..... J6~~" 1M' ~'-I'b" ..' "0' ,ooP to..g 161;' 171' I 2 ~ 1.J3 , \cj 2" ~ W 2" ---r2"\l" on 2" -c: 7 I~ oJ.. 2"v /S" 20....:;r. 16.4.".,J/IU I' oJ t. , W~'Q, 131'" 131310 IH' 1fY.f' ~. So' 44'.i>rlIOO TiS..'S./'44 " ;' 4oJSSJ' i '" 7 I" ~ I bl x.1 :: / ~ 1311 2 3 "4 5 6~ 5. I' B 2 18 -,., -<0 s" I:;.~ 100: I ~ . t::- ~ -~., ~ 3 'I-: ~_ 2 ~ b33~ ~ ; ~~~.327\P~ --. 10 4.1 ~ 3 10 ' , . Pi '31 8 .I::! ' . 'r" ~341'J. C4 24 4 Ii) I q, .3'0 9 !II , '.1/ 5 .~, 4 17 ~ 35" 23 lh5 ' ~ ' ~ 29 2"/0\. ' -'L 'i' Jt ~ r;~;t ~ 5 ~ IAIG. ~ 36, '~.?~6' I '~2 11/_-. ~ 7fC. 1$1' ~ (Q I" 15, 37" 2/ ~7' I '~27 1'-'12"-' 13 ~ 7 /4' 38" 20 ~o' ,.Q-26 I,,~H [ 71T '. . ,_ 25 1.,1..1. ' . . ~ -. \h _ 18 Ii 'fa, & Iq,q. I...... ~ ~ ., '_ Meeting Date: October 9,2003 Agenda Item: - Summary - Contract for Sale and Purchase - xxx SW 7th Avenue Attached please find a Contract for Sale and Purchase for the vacant lot at xxx SW ih Avenue, located on the northeast corner of SW 7th Avenue and SW 3rd Street. The seller, Prime Property of the Palm Beaches, has agreed to a sales price of $50,000. The lot dimensions are 106' width x 135' length and 14,310 total square feet. The parcel is currently platted as one lot. but because of the overall size and dimensions of the parcel, the CRA can create two buildable lots for use in the affordable housing program. This lot is located within the Southwest Neighborhood and will be utilized in accordance with the guidance set forth by the Southwest Neighborhood Plan. Recommended Action: , Approve the purchase of Lots 22-26 INC BLK 15, TOWN of DELRA Y, for $50,000. Submitted By: Michael Simon. Develooment Manaaer . - 01\ c , . tM II I"!"lf'l'3 '{ ""'" Ir!' ;"',.". DELRA Y BEACH ~ COMMUNITY REDEVELOPMENT AGENCY MEMO TO: Da~anager FROM: Diane 0 0 , ~utive Director DATE: November 4, 2003 RE: City Commission Agenda Item # 9(9 Pursuant to your October 30th memorandum to the City Commission regarding the above referenced agenda item, the CRA is withdrawing its application for a waiver of liens associated with property located on SW 7th Avenue. The fees will be paid by the seller at closing. Regarding your assertion that the CRA is overpaying for the lot, attached please find a chart of recent sales and listings for residential lots located in the neighborhoods north and south of West Atlantic Avenue. As you can see the price paid per square foot of land varies quite a bit, and the asking prices are definitely much higher than what we've paid in the past. While the cost per square foot of the lot we are purchasing ($3.49) is higher than what we've paid previously, it is less than the price per square foot of other recent sales in the area ($6.29, $4.93) and less than the asking price of lots that are now on the market ($9.29, $4.44) The lot that is the subject of the waiver request is unusual because of its size (106' x 135') which tends to increase the price per square foot. In your memo you compare it to a 50' x 140' lot that the City is purchasing for approximately $18,000. That lot is located adjacent to the 1-95 sound wall, which is likely having an effect on its value. Our recent experience indicates that there are fewer lots with willing sellers, and there is a lot more competition now from the private sector for properties in these neighborhoods. We try to keep pace with the market without overpaying, and have lost out on a few properties because our offers were too low. Unlike private investors who are profit motivated, we are working to avoid the gentrification that you mention in your memo by putting these lots back into the affordable housing market. We realize that due to rising land prices the single family first-time home buyers program will likely be phased out in the near future, however, we are working on several other initiatives to maintain affordable housing in these neighborhoods. P:\Property\Memo to Harden'" 101 on SW 7th.doc Page 1 . ,.. 0 ...J ~ lIS Il.. ... $! ~~~ o~~ 0013 ~~~ l!!l!l!!l!l!! ----- roo c: c: c:: c: c: 00000 00000 ifNNClOO>C') '" L.. .... .... .... .... 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Gi "in '" ai . ai >- ... .E enen_~'C~qj> > - > tii 'C'CUl Ce(>e( . 'e(ene( c: ;; MM'I""":5N.c<(.c ~~.c1ii.c ~ r:: =3:3:3:~3:j::::~o; UJ<(<(CO......u; 1ii ~ .,:5~3:3:3: l!!enen~3:~3:~3: ~('I)(;) en 0 ::J :gallall .en .en3:z 'C~~zallz 0 0 ~3:3:allqj~ '" e(qjqj~all~allenall ~ - ~~e((iie((iio(ii zZ(ii>U5 .Q ~ ~ titi e( CD - '0'0""'--'0.:11::"0 .Q.Q"E1ii-g a. r:: ........"IItUJ"IIt....:O.... !lJ ('1)("')......__......('1) (I') .c.o(t)__C'\I 0 3:3:3:3:3:3:83: 003:3:3: ... ~ lIS 0- enenzenenen~z > S!S!zenz \ Of< ~ [ITY DF DELRRY BER[H DELRAY OEACH ~ 10G N,W. 1st AVENUE . DElRAY BEACH, FLORIDA 33444 . 561/243-7000 AII-Amoriea City , III I! MEMORANDUM David T. Harden, City Manager TO' 1993 ' 2001 ~Robert A. Barcinski, Assistant City Manager FROM: DATE: October 30, 2003 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 4, 2003 - CULTURAL LOOP APPROVALS ACTION City Commission is requested to approve the establishment of a Cultural Loop per the attached drawing and to endorse the planned kick off day and activities proposed for November 22nd. Commission is also requested to waive LDR's Section 4.6.7(L) to allow artwork to be hung on light poles, grant a temporary use permit per LDR's Section 2.4.6(H) to allow the placement of art work in the City's rights-of-way for up to six (6) months, and the use of the drainage retention area at SW 4th Avenue and SW 1st Street for the event day, and to authorize amendment of our banner hanging agreement with FPL for hanging artwork on their light poles. Staff assistance is also requested for transport of art work, post hole digging, and assistance in hanging the artwork. BACK6ROUND Attached are letters and e-mails that I have received from Glen Weiss and Lori Durante about the Cultural Loop, artwork planned for the loop and activities planned for the kick off day scheduled for November 22nd. Also attached is a copy of the budget, cultural route map, and trolley information. An opening ceremony will be held at Old School Square at approximately 9:00 a.m. on November 22nd. There will be special presentations throughout the day along the route. A trolley is being obtained for the day by the event sponsors to transport visitors along the route. A special closing ceremony is planned at approximately 4:30 p.m. at the City's retention area on SW 4th Avenue and 1st Street. Vendors will be located on site at Old School Square. No street closures area required. A door art exhibit is planned to be installed in our right-of-way along the north side of NW 2nd Street from Swinton Avenue to NW 3rd Avenue and in the grass area on the south side of the City Attorney's office complex. We have already requested underground utility locations for these areas. Artwork is also being proposed to be hung on City and FPL light poles at various locations along the route. Attached is a memorandum designating location. The artwork is approximately 16" x 5.5". FPL is requiring the City to amend our banner hanging agreement to allow this artwork to be hung on their poles. Other artwork and signs are requested to be installed on private property and in other right-of-way locations. C\.D @ ~)T1nte(j on necvc.lr',) "dIX" Ti" Ef"FORT ALWAn; MATTERS Mr. Weiss is requesting that they be allowed to install seventy (70) 24" x 18" Cultural Loop pathway signs along the route which would be installed on November 16th and 17th and removed November 23rd. They are also requesting authority to install a sculpture on the southeast comer of the Fire Station Headquarters building and install a light for the sculpture. I have reviewed these requests with staff. There were no objections with the following conditions: no more than two (2) directional information signs per block, locate all underground utilities prior to installation, hang door artwork high enough to allow grass cutting, staff approve all art and sign locations prior to installation. The request is to allow the artwork to be displayed for up to six (6) months. Staff support has been requested to transport artwork to installation locations, to assist in digging holes for posts for the door artwork and assistance in hanging the artwork. We are also being requested to prepare and install event signs for the November 22nd kick off day. Staff support can be provided on regular time. RECOMMENDATION Staff recommends consideration of approval for the establishment of the Cultural Loop, the Loop kick off day, waiver ofLDR's Section 4.6.7(L) to allow artwork to be placed on light poles, the temporary use permit to allow the placement of artwork on City property and in rights-of-way, the amendment to our banner hanging agreement with FPL and staff support as requested with the following conditions: I. Cultural Loop sponsor to provide the City with a certificate of liability insurance and hold harmless agreement. 2. Letters to be obtained from private property owners agreeing to placement of artwork in the right-of-way area abutting their property. 3. Artwork to be hung at heights on FPL and City poles per FPL requirements. 4. All artwork and sign locations to be approved by City staff. 5. Artwork to be removed by May 15,2004. 6. Only allow two (2) informational/directional signs per block for a total of no more than 36 signs versus 70. 7, Hang door artwork high enough to allow mowing. RAB/tas File: u :sweeney levents Doc: Agenda Cultural Loop Barcinski, Robert From: Barcinski, Robert Sent: Thursday, October 30, 2003 3:41 PM To: 'gw@glennweiss.com' Subject: RE: Signs and Art on the Loop Update Glen what are the 70 signs for and what will be on them? -----Original Message----- From: Glenn Weiss [mailto:gw@glennweiss.com] Sent: Thursday, October 30, 2003 12:59 PM To: Barcinski, Robert Subject: Signs and Art on the Loop Update Day Of Markers and Signage 24 x 18 Inch Plastic Signs: 70 Signs Installed in the Ground in the Grass and Planter Areas of the City Right of Way on Pineapple Grove Way, 2nd Street South, MLKing and 5th Avenue W Install November 16 & 17, Remove November 23 Flags at 11 Trolley Stops Each Trolley Stop will Have Three Flags, The 3x3 colored, cotton flags (NO WORDS OR LOGO) will be on 10' poles. 4 ' Steel rebar will be hammered into the ground. The hollow tube poles will be slid over the rebar. Flag support installed on Nov 21. Flags installed at 7:00 AM on Nov 22. Flags removed for procession. Supports removed on November 23. Six Month Signage Historic, Cultural and Artwork Markers At each site a 36 inch tall 4x4 posts will be installed adjacent to city side walks on the private property side. The post will cut at an angle. A 8x8 inch plague will be added with the number of the site. In the winter, the plaques will be changed to include typeset information and historic photographs when available. A. Cason United Methodist B. Trinity Lutheran C. Daughter of Zion SDA D, St. Paul AME E, St. Johns Primitive Baptist F. Church of God Militant G. Mt. Calvary Missionary Baptist H. Greater Mt. Olive Missionary Baptist 1. Delray Community Missionary Baptist J. Ebenezer Wesleyan Methodist K. Church of God Resurrection Life Fellowship L. st. Matthews Episcopal M. Sutton Chapel N. St. Pauls Episcopal S. City Hall (Art Exhibits RR, P) T. Tennis Center (RR, W, P) U. Fire Station X. Police Station (RR) 1. West Settlers Historic District 2. La France Hotel 3, Susan Williams House 4. Thwonna's Hotel 5. Free & Accepted Masons Site 6, William & Essie Robinson House 7. Francis Bright Park /Colored School #4 8. Frog Alley 9. Wideman Building (Roots Festival) 10. Historic Swinton Avenue 1 11. Doc's All American (W) 12. The Rectory 13. John Sundy House 14. William Cathcart House 15, Fran90is Appliances 16, Veterans of Foreign Wars 17, Masonic Lodge (Yama) 18, Cathcart Building (Love Shack) 19, FEC Railroad Depot 20, Love's Drug (Hugh Jordan's) 21. Banker's Row / MackIe Cottages IP) 22, Tarrimore House (DADA) 23, Original Trinity Lutheran Church Six Month Artwork Sites: City Property I. Sharon Koskoff We would like to use the grassy area on city property on the northside of ML King Jr Drive between 1st and 2nd Ave NW, sidewalk and right-af-way between 1st NW and Swinton and sidewalk and right-af-way between 2nd & 3rd NW. The Open Door would physically bring together the traditional between black and white neighborhoods. 100 doors on 4x4 posts = 25 sculptures. Would be an inconvenience for city lawn mowing staff. 2. George Gadson We would like to the grassy area on the SE corner of the fire station for a freestanding sculpture by George Gadson. The sculpture is about the strength of the African-American conununity that moved from Yamato to "New Town". The sculpture base is about 3'x3'. The sculpture is 6-7 feet tall. We would like to have spotlight for the sculpture using power from the fire station. 3. Jody Servon We would like to use the city owned and FPL lightpoles and to install photographs taken by people from the community. We are seeking FPL permission via the city's use agreement with FPL, The photos will be monument on Plexiglas a little longer than a bus stop sign. Photographs have been taken by conununity members. Approximatel 40 poles will be used Pineapple Grove Way, ML King Jr. Dr i ve, 5th Ave NW/SW and Second SE/SW. These photographs will be the six-month trail marker for the loop. 4. Charo Oquet We would like the ability to move the sculpture to various public parking spaces around the loop. 6'Tx6'WxlOL artwork is on a car tow. We will also seek some privately owned spaces. Six Month Sites on Private Property Kathleen Holmes We would like to set the sculpture of shoes on the lawn of the St Pauls Episcol Church at the intersection of Second Street SW and Swinton. The 6x6x6 foot sculpture is moveable and we may ask to move the work to different locations during events such as First Night. I am still looking for the other places for the sculpture, Glenn Weiss Consultant in Public Art Delray Beach Cultural Loop www.delrayconnect.com www.glennweiss.com 561-512-1218 -----Original Message----- From: Barcinski, Robert [mailto:Barcinski@ci.delray-beach,fl,us] Sent: Wednesday, October 29, 2003 2:18 PM To: 19w@glennweiss.com' Cc: Butler, Lula 2 Beat:h Delray Beach Cultural Loop Opens November 22, 2003 *I.oop , October 10, 2003 C' ,._1 Lead Arti.t Bob Barcinski, Assistant City Manager Rick Lowe City of Delray Beach OCT 1 :J ?nn1 100 NW 1st Avenue Project Team Delray Beach, FL 33444 Organizations .. EPOCH I Spady Museum Dear Mr. Barcinski: The Milagro Center Museum ofLitestyle & Fashion History Thank you SO much to the City of Delray Beach for their support of the Delray Beach Cultural Loop. Old School Square The following are answers to your questions, and also revisions and updates to the previous pennit Pineapple Grove ArtWalk Toussaint L'Overture HiWt proposal that was submitted on September 19th. The following are the answers to questions that School Glenn Weiss asked me to specifically respond. St Pauls & St Mathews Episcopal Churches Trollev COmll3DV - Insurance: Womell in l1l1;: Visual ruts 2 Trolley buses have been reserved for November 22"" from South Florida Trolley Company. Project Team Arti.ts Attached is a certificate of insurance from that trolley company naming Pineapple Grove Main Street George Gadson and the City of Delray Beach as additional insureds. Blane de st Croix Kathleen Holmes Cultural LooD Market Place on SW 5th - Vendors: Sharon Koskoff Gary Moore The Events Committee for the Cultural Loop bas reviewed your additional questious and Charo Oque! observatious of no power on SW 5th for vendors, stage entertainment music etc.. Henry Pelissier Jody Servon Therefore. because of many logistical reasons, at the committee's meeting on October 6th, we Supporting Organizations decided that we would prefer to move the Cultural Loop Market Place to Old School Square. Delray Beach Cultural Alliance Because of this, we will not need bleachers located on SW 5th for the event at all and we will not City of Delray Beach need any street closures. In regard to tents, each vendor will be responsible for providing their own Delray Beach CRA tents, tables and chairs. We have contacted Tent's n Events about special discounted group rates for Church of God the Cultural Loop vendors. Attached is a flyer about the need for vendors for the Cultural Loop Defray Community Missionary Baptist Church Market Place. Mt. Olive Baptist Church Mt. Calvary Baptist Church Although Glenn Weiss could not attend the October 6ili Committee meeting, he was notified of the St. Paul AME Church decision regarding change of location for the CuhuraI Loop Market Place and be bas been asked three Progressive Rcsidents of Dclray (PROD) times for his reply/input. We are assuming he has no objections because there has been no comment Sutton Chapel from him, as yet, on this particular item. Therefore, we are proceeding with the OSS location. West Settler's Historic District Delray Beach Historical Society So that their are events taking place on SW 5th, we have communicated with the 2 churches on SW Trinity Lutheran Chlln;;h & School 5th. Church of God and Delrny Community Missionary Baptist Church about hosting events at (The list is growing) various times on that day at their churches as a component to the Cultural Loop. Their events would be open to the public and would take place inside their church so that they will not need to apply for Funding Organizations separate pennits. Other churches along the boundaries of the Cultural Loop will also be hosting Palm Beach County CUltural activities, events throughout the date on November 22nd. Council The Colony Hotel National Endowment The Events Committee Members are Janet Agnhob of St. Paul Episcopal Church, Juanita Bryant of for the Arts the Caring Kitchen, Charlotte G. Durante of Sister Cities and Winston Hudson of City of Delray Palm Beach Post Beach. Sunny 104.3 FM Glenn Wei.. Questions regarding art placement and the choir processional need to be directed to Glenn Weiss. Project Vlrector Lori Dorante !fyou have additional questions, I can be reached on Cellular at (561) 706-9420 or call Glenn Weiss, Project Manager Project Director, at (561) 512-1218. -- Enclosures: Page 1 Sponsored by Pineapple Grove Main Street 104 West Atlantic Ave, Delray Beach, Florida 33444 www.delravconnecl.com Phone: 561,279-9952 Fax: 561,276,9559 Email: loop@delrayconneclcom Delray Beach Cultural Loop Opens November 22, 2003 September 19, 2003 Page 1 of6 Lead ArII.t Bob Barcinski, Assistant City Manager Rid<. Lowe City of Del ray Beach ~ , Project Team ":-;,') .") ":, IOONW 1st Avenue ~". ~. t ")f!r'q Orguization. Delray Beach, Florida 33444 EPOCH I Spady Museum The M~agro Center Museum of Lifestyle & Fashion Dear Mr. Barcinski: Histocy Old School Square Pineapple Grove ArtWaIk The Delray Beach Cultural Loop is scheduled to officialIy open on November 22, Toussaint L'Overture High School 2003 with a festival like inaugural celebration with events, activities, vendors and St Pauls & Sl Mathew. trolIey tours. The hours of the inaugural festival is planned for 9am - Spm with Episcopal Clmrches Women in the Visual Arts opening ceremonies taking place at 9:00am at Old School Square. Prejed Team Arti.ts This letter is to submit a proposal and request for the necessary permit and other George Gadson Blane de st Croix support from the city for the inaugural festival to be held on Saturday, November Kathleen Holmes Sharon Koskoff 22, 2003. Gary Moore Charo Oquet The Streets of the Cultural Looo are the followiD1! and the locations of the Henry Pelissier Jody Servon events. activities and institutions ofthe Cultural Looo: SUpporting Organilations NE 2nd Avenue (pineapple Grove Way) and SE 2nd Avenue Delray Beach Cultural Alliance SW 2nd Streets; SW and NW 5th Avenues City ofDelray Beach NW 2nd Street (MLK Drive) and NE 2nd Street (see attached drawing) Delray Beach CRA Chun;b ofOod Delray Community Missionary The followinl! are the Instituti~nslOl'l!anizations/Churches on the street Baptist Churcb ML Olive Baptist Church boundaries jlf the Cultural Looo that are heinS! scheduled to oarticioate in the Ml Calvary Baptist Church November 22Dd Festivities: St. Paul AME Church Progressive Resident8 of Defray The Milagro Center (PROD) Old School Square Cultural Arts Center Suttoo Chapel West Settler', Historic District Pineapple Grove ArtWalk Delray Beach Historical Society Toussaint L'Overture High School Trinity Lutberan Churcb & School Green Market (The list i. growing) St Paul's & St. Mathew's Episcopal Churches FundiDg Orglnilations Historic Home of Virginia Snyder Pahn Beacb County Cultural Church of God Resurrection Life Fellowship Council Tbo Colony Hotel Delray Community Missionary Baptist Church National Endowment Mt. Olive Baptist Church roc Ibe Arts Palm Beach Post Mt. Calvary Baptist Church Swmy 104.3 FM St. Paul AME Church Glenn Weiss EPOCH/Spady Museum Project Director Sutton Chapel Lori Durante West Settler's Historic District Project Manager Delray Beach Historical Society (Cason Cottage/Cornell Archives Room) Please note, the above list references only the organizations that are located on the street boundaries of the Cultural Loop, However, there are other organizations and Sponsored by Pineapple Grove Main Street Page 1 104 West Atlantic Ave, Defray Beach, Florida 33444 www.delravconneclcom Phone: 561,279-9952 Fax: 561-276-9559 Email: loq7l@clelrayconnectcom Delray Beach Cultural Loop Opens November 22, 2003 Page 2 of 6 institutions participating with the Cultural Loop whose facilities are located outside these boundaries. These organizations will either partner with other facilities on the loop on the day of November nnd or they may have a booth at the Cultural Loop Market Place on SW 5th Avenue. Attached is a Trolley Bus Route Schedule & Events Schedule. The Schedule was developed by the Eveuts Sub-Committee of the Cultural Loop. Trollev Toursffransoortatiou: The Cultural Loop is making plans to secure two trolley buses from the South Florida Trolley Company. Plans are for the Trolley buses to provide around the loop continuous transportation to and from the various events, locations and institutions of the Cultural Loop on November 22nd. The trolley buses will operate from 9:30am - 5:30pm beginning and ending at Old School Square. The History Sub-Committee of the Cultural Loop will be training and scheduling volunteer Tour Guides to ride the trolley buses. Temporary signage placed along the Cultural Loop will note trolley pick-up and drop-off locations. Attached is a Trolley Route Scl1edule and EVeIlts Schedule. The schedule was developed by the Events Sub-Committee of the Cultural Loop. Cultural Looo Market Place and Amohitheater- S~ET CLOSURES: The only Street closures that is being requested for November 22nd is SW 5th Avenue from SW 1st Street to SW 2nd Street. This area would be used as the Cultural Loop Market Place for arts & crafts vendors, food vendors and information booths and entertainment. We are requiring each booth vendor to provide their own table, chairs and tent. The entertainment area in the Cultural Loop Market Place is planned for in the street ofSW 5th Avenue at the North end of the closed off area beginning at SW 1st Street (See map attached with this area highlighted). We are requesting the use of the City bleachers for this area and for them to be placed in the vacant land on the Southwest comer of SW 5th A venue and SW I st Street. This land is owned by the Community Missionary Baptist Church which is one of the supporting organizations of the Cultural Loop. Outdoor Art ~cemelltlLor..tion: 9 artists have been selected to create artwork for the Delray Beach Cultural Loop. A separate permit proposal will be submitted by Glenn Weiss for the placement of and location of the art work. Glenn Weiss can be reached at (561) 512-1218. SponscI9d by Pineapple Grove Main SIreet Page 2 104 West AUanlic Ave, Delray Beach, Florida 33444 www.deIravconnecl.oom Phone: 561-279-9952 Fax: 561,276-9559 Email: Ioq:l@deIrayoonnect.com Delray Beach Cultural Loop Opens November 22, 2003 Page 3 of6 ~etention Pond on SW 4111 Avenne - Choir Processional: The marching choir processional scheduled to take place at the Retention Pond located on SW 4th Avenue is the idea and concept of Rick Lowe who is the consultant for the Cultural Loop. Rick Lowe and Glenn Weiss are the contacts for this grand finale event. At the date of the submission of the permit, I do not have anymore information about the plans for this event or use of the retention pond. Rick Lowe and Glenn Weiss are still trying to secure a choir coordinator to organize this grand finale event. A separate permit request letter will be done by them if this concept develops further. Glenn Weiss can be reached at (561) 512-1218. I can be reached at (561) 706-9420 Sincerely, Enclosures: Sponsored by Pineapple Grove Main Street Page 3 104 West AlIanlic Ave, Delray Beach, Flor1da 33444 www.daIravconnecl.com Phone: 561-279-9952 Fax: 561,276-9559 Email: IoqJ@dalrayconnectcom Delray Beach Cultural Loop Permit Questions November 22, 2003 Appendix I. Who will be providing the event Iiabilitv insurance and signing off on the hold harmless agreement reuuired bv the City? Pineapple Grove Main Street. 2. Are vou obtaining Iiabilitv insurance from the trollev companv naming the City as additional insured? Yes 3. Who is preparing the trollev pick UP drop off signs and where will thev be located? Trolley Signs will be part of the general signage program. We are planning instaIlIS"x24" signs four per block east to west and six per block north to south. Like the political signs, they will be stamped into the ground. The signs will have the Cultural Loop logo and the Date of the Event. We would like to install five to three days before November 22"d. Signs removed on Sunday morning. 4. Need event budget showing revenues and expenses. See Attached Budget S. Need sign offbv Lula Butler for the out door art placement. I. We would like to use the grassy area on city property on the northside ofML King Jr Drive between I" and 2"d Ave NW, sidewalk and ri~t-of-way between I" NW and Swinton and sidewalk and right-of-way between 2" & 3'd NW. The Open Door would physically bring together the traditional between black and white neighborhoods. 100 doors on 4x4 posts = 2S sculptures. Would be an inconvenience for city lawn mowing staff. 2. We would like to the grassy area on the SE corner of the fire station for a freestanding sculpture by George Gadson. The sculpture is about the strength of the African-American community that moved from Yamato to "New Town". The sculpture base is about 3 'x3'. The sculpture is 6-7 feet tall. We would like to have spotlight for the sculpture using power from the fire station. 3. We would like to use the city owned lightpoles (pineapple grove way) and to install photographs taken by people from the community. We are seeking FPL permission for other poles. The photos will be monument on Plexiglas a little longer than a bus stop sign. Photographs have been taken by community members. 40 poles will be used Pineapple Grove Way, ML King Jr. Drive, S" Ave NW/SW and Second SE/SW. These photographs will be the six-month trail marker for the loop. 4. Other Artwork to be installed on sidewalks area on private property a. Walk in my Shoes Cart: 6'x6'x6' (Movable) b. Caribbean Alter: 6'Tx6'WxIOL (Moveable) c. Haitian House: TTxS'WxS'L d. Big ISth Century Hats from American, French, Haitian Revolutions e. Photographs of Barbers and Customers from Delray f. Talking trees: Message hanging from trees Delray Beach Cultural Loop Perm it Questions November 22, 2003 Appendix 6. Please note there is no power on SW 5th. A venue for vendors to use. Thev will have to be self- contained. Food vendors need Health dept. and Fire Deoartment approvals. Will also need tent oermits from Lula's shoo. Not Applicable 7. Need to know orocession route. Will thev be on the sidewalks or are vou asking to walk in the street? Three Routes all on the SIDEWALK. a. Start: Daughters of Zion SDA Church. Walk west to 5th Avenue. South on Fifth Ave. East on First Street SW. b. Start: St Paul Episcopal Church: Walk west on 2nd Street SW. North on 4th Avenue SW. c. Start at Old School Square. Cross to souths ide of Atlantic Avenue. Walk west on Atlantic Avenue. Walk south of 4th Avenue SW. 8a. Need site olan for olacement of bleachers. We are not using bleachers 8b. I do not recommend use of the drainage retention area on SW 4th. We would still like to use the retention area on SW 4th. Part of the project is to get the community to see the areas of the Loop in a different ways. The SW is poor, but not without significant dignity. This space is the very beautiful and has excellent acoustics. We request that the city cut the grass mid-week before November 22"d. 9. New ReQuests a. Create city signs in median on Atlantic Avenue and Federal Highway to advertise the Cultural Loop. b. Use the city sidewalk area and private property to install a small 6"x6" numbers or letters that connect the historic and cultural sites to the attached map. This marker is mounted on a 30" ta1l4x4 post. c. Assist with clean-up efforts ofthe neighborhood with gloves, trash bags and removal JO~ " ;: . 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Q)........... :x j ~ ~~~o~ ~<C:~...J~CI) 1WI- ... 1 l:ill - 5! , I~ i CJ I: .t ------ _.~--- - -- ~OBD, CERT~FICA~E OF LIABILITY INSURANCE I 10/02/20~1- uc," (800HB-7754 FAX 021.)157-6182 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION "~s-Roper~l.ov~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR . r ance Ag~"cy ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, ,& N. Harbor lit) Blvd. ,- I ,.,1 bourne, FL 32935 I INSURERS AFFORDING COVERAGE: I NAIC # . " ---' ','"ROD SOUTH FLORIDA TROLLEY CO., INC. 'NSURe~A Republic Western Insurance Co 998 S. MILITARY TRAIL 'NSURE~ B I OEERF'IFl.D BFACH, FL 33442 INSUROR C INSURER D INSU~F.1"t E .- -- ,----------..-..--..----- ..-._- - ._~- --~--.---- -~-- . ~ 'VERAGES ~ ~ '-IE POUC1!;S OF INSURANCE; !,.ISTEO BEL,~"N L.[AVE B:I;EN ISSUED TO THE INSURED NAMED ABOVE FO~ Tf-lE "O~ICY PERIOD INOICATEQ, NOTW1THSTANDING I d REQUIR;MENT rERM OR CONDITiON OF^,Y CONTRACT OR OTHER DOCUMENT WITH P.E$PECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR ,..,y PEP.TAlN ,.HE INSURANCE AFFORDE~ BY -'-E POLICiES DI,SCRl6E~ HEREIN is SUBJECT TO A" THE TERMS eXCLUSIONS AND CONDiTiONS OF SUCH ' JUClI;S AGGREGATE LIMITS SHOWN MAy' HAv::;: BE[;N REDUCED B\I PAID ClAIMS. ! ,~-,,~~~_~---=-",!UCYNUMB'. I'OLlCYE"'CTT'lE POLlCYEXP'RA110N L1MI'T'$ -1 I i GENeRAL uAO'L1TY ' GLP0004446j 01/1112003 01/11/2004 EACHOCCUP.~"NCE $ 1,000 0001 I lx~l COMMERO'A, 'F,"'''''L LI"'l'TY , ' DAM G' ro .F.~t $ 50,0001 I t~l Cc""SM^D' CK1 OCCUR I I MEOEXP(A"YQ~' 5,0001 A \1 . ____.__ \ PERSONAl., & Al~~ $ 1 000, OOOr GeNo"'e A<N"E~ATE $ 2 000 0001 I ' C,~N,CM;G.~TE lIM,TAPPLles PEP. PROOVCTS. CQMPIOP AGG' INCLUDEpj -;-~CY j:2T eOC -I . i.AU.';OMD6'" ,L1A611.'N P6AO001679 01/11/2003 01/11/2004 COMQ'NEDSlNGLHlMIT $ 1 I I A~I"" ,~l~lr(: (Ea ,~~ic:c:l'I\) 1,0001 DOCI ! 'le OWNE~ Aure,! I 900" Y INJURY $ -- i , X SCHE;OlH.liiO NJ"OS I 1 (Filler po~!or) A I --' l X l-IlRliD AuTOS 90D\l'( INJURY I X NON.OWNED AUTOS \ (Per a.')cldlllr:l) $ ~ I ~ __.__,__~________. ! PROPGRTY OAMAGE. S r+_L....L--.------. 1_ -+______ {p"rlJl:'~iOo"n I I : GARAGEL'A."'''': ,AVTOON,Y,...CC'O'NT $ , ~...., \ i- I \' j ANY Al,rQ' ! MHeR THAN eUCC $ I - I ' - Ii: AUTO ON" AM $ ;~ I I ~x.CI!SSIUM8Reu..A ;.IABILln' \ EACH OCCURReNCe $ ( QCCU~ 0 (~LAIM:. MAOE A(;ORE.~_ S I ~ DEDUCT'S!,E I : - . I f-- , _-+:::::!:~~!ON.-.-!.-- _-+ _ _- - - $ - I WORK~RS coMPE~JSA noN Al\JD W ST~ OTH. I EM~I.OYEM' 1,.IABIL.lri I E L e:ACH ACCIDENT - S ANY PROI='RISTO""P~RTNERleXECUTIV!: I ' ' ~ OF~ICIiPJMEMB&R EXCi,JJCEO" !E,l. tlISSASE. EA EMPL.OyEE S Ify~!: dIl9crIQ"wl".d'!>r ! SPECIAl,. pP',O_yISIQNS Ci;lIOYl ---TO __ ----- e,,",, OISEASe. POLICY LIMIT $ ) OTHE~ , ,-,- ----L--_ - -- -.'- SC~IJ!."n'" Of! OP\;"!:I_A T'!O'~S; . 1_,n':'ATlONS I VrrllCLES I ~XClU SIONS .lbO;'O BY 'EiNOORSEMiENT I Sp!CIAL 'ROVtS10NS rERTtFICATE HOLOFR IS NAMf,O AS ADDITIONAL INSURED WITH RESPECTS TO THE NAMED INSUREDS OPERATIONS ONLY, , I -- ------ CERTIFICATE HOLDER (<~NCliLLATION SHOULD AN'" O~ TI-!E AeOVf OESCR1B!O ~L.lCleS al! CANCILLED BEFORE THE nPtRJo"10~ DArE TH'EREOF, THE ISSUING INSURER Wtl"L &.NDt!,A,\lQR TO MAIL CITY OF DELRA Y ", PINEAPP LE GROVE MAIN STREET _1lL.. DAYS WRittEN NOTICE TO THEeERTIFleAU HOL~ER HAMID TO THS Lon. ATTN: LORI BUT FAILUR'E.10 MAll. SUCH NotICE SHAI.I.IMPOSE NO OBLIGATION OR 1,;.tABILIlY 1030 S. FEDERAL HIGHWAY #118 O"NY K1NoU.ONTHEINSURO..,T$A~RREPR.S&NT.T'VOS, i DELRAY BEACH , FL 33483 ~~T;:~t~:::~~'~::VS);~ wUuw,,M, ----,._-~_._~~.._- -_.._~-----_.,----- .._._-~.._.,~'" .... ACORD 26 (2001.'08) FAX: (56])495. 878~; "'ACORD CORPORATION 1!' [IT'ela~IGELAAl"OjBEII(M CHRAY BEA dy Servon: Project Artist , , ".,,, oposed Streetlight Pole Usage !-i f-! Oi-\WJi~ :]3/144 . 561/243.7000 AII-Am..i.. City , III J~E 2nd Avenue From Atlantic to SE 2nd Street on 2 old style green poles (Defray Beach Pedestrian Light Poles) 1 brown wood pole 1993 2 square cement poles 2001 1 wide brown wood pole on corner of SE 2nd and 2nd SE 2nd Street From SE 2nd Ave to Swinton 2 brown wood poles SW 2 nd Street From Swinton to SW 5th Avenue 5 brown wood poles 1 square cement pole SW 5th Avenue From SW 2nd Street to Atlantic 4 brown wood poles 1 double light on corner of Atlantic NW 5th Avenue From Atlantic to MLK 7 square cement poles MLK From NW 5th Avenue to Swinton 5 brown wood poles MLK From Swinton to PineaDDle Grove 2 brown wood 1 old style in bankers row (Delray Beach Pedestrian Light Poles) PineaDDle Grove From MLK to Atlantic 6 old style poles (Delray Beach Pedestrian Light Poles} Up to 10 Pineapple Grove Poles total maximum Doles 50 Size of works to be hung: 16 x 5,5 inches Height for works: 64 inches on center Artwork secured with metal bracket and strapped to pole with metal strapping, T Ef' <'W AL"'~'c Mr'.ccoc It"., "'u., ." ' ,.. I .. J\ J I '..- ~; , L ,"\ -, ) '" \'1" -,_....".__.~._-- Delray Beach Cultural Loop October 30, 2003 FPL Poles for Jody Servon Artworks Page 1 of 2 Use of FPL Poles with Street Lights Street Location Number Other Number ML King Jr Dr. NW SE Corner of 4m Ave NW No Number ML King Jr Dr. NW SW Corner 00" Ave NW No Number ML King Jr Dr. NW NE Corner 00" Ave NW 68005431405 ML King Jr Dr. NW Mid Block South 2"" & 3'" NW No Number ML King Jr Dr. NW SE Corner of 2"' NW 68005501403 ML King Jr Dr. NW Mid Block North 1" & 2"' NW 6 8005 5917 0 1 ML King Jr Dr. NW SWCornerofl"NW No Number ML King Jr Dr. NW Mid Block North 1" NW & Swinton 68005591607 ML King Jr Dr. NW NW Corner of Swinton 68005611501 ML King Jr Dr. NE SE Corner of 1 " NE No Number Pineapple Grove Way No FPL Poles 2"' A venue SE Mid Block East Atlantic & I" SE 6 8004 7784 0 1 70 2"' Avenue SE Mid Block East Atlantic & 1;1 SE 6 8004 7882 0 2 70W 88-C-8 2"" Avenue SE Mid Block East Atlantic & 1 'I SE 6 8004 7878 0 0 70W 88-C-9 2"' Avenue SE NW Corner of 1 'I SE 6 8004 7676 0 4 70 2"' Avenue SE SE Corner of2"' SE No Number 2"" Street SE SE Corner of 1;1 SE 6800471620] (old) 68004716] 04 (new) 2"0 Street SE Mid Block South 1 'I SE & Swinton No Number 2"' Street SW SW Corner of Swinton No Number 2"" Street SW Mid Block North Swinton & 1'1 SW 68004616304 2"" Street SW NW Corner of 1'1 SW 6 8004 5762 0 5 70 2"0 Street SW NW Corner of2"0 SW 6 8004 5062 0 7 70 2"" Street SW Mid Block North 2"" & 3" SW 68004476208 100W 2"" Street SW NW Corner of 3" SW 6 8004 4462 0 4 70 2"0 Street SW NE Corner of 4"' SW No Number 5m Avenue SW NW Corner of 2"" Street SW No Number 5m Avenue SW Mid-Block West 2"" & 1'1 SW 6 8004 3068 0 5 5"' Avenue SW Mid-Block West 2"" & 1'1 SW 6 8004 3068 0 j 5m Avenue SW Mid-Block West 2"" & 1'1 SW No Number 510 Avenue SW Mid-Block West 2"0 & 1'1 SW No Number 510 Avenue SW NW Corner of 1'1 SW No Number 51" Avenue SW Mid-Block West 1'1 SW & Atlantic No Number 5"' Avenue SW Mid-Block West 1'1 SW & Atlantic 6 8004 3080 0 6 51" Avenue SW SW Corner of Atlantic No Number 5'" Avenue NW Mid-Block East Atlantic & 1;1 NW No Number FPL Pedestrian Concrete 5'" Avenue NW Mid-Block East Atlantic & 1;1 NW No Number FPL Pedestrian Concrete 51" Avenue NW Mid-Block West Atlantic & 1'1 NW No Number FPL Pedestrian Concrete 5m Avenue NW Mid-Block East Atlantic & 1;1 NW No Number FPL Pedestrian Concrete 510 Avenue NW SW Corner of 1'1 NW No Number FPL Pedestrian Concrete 510 Avenue NW NE Corner of 1'1 NW No Number FPL Pedestrian Concrete 510 Avenue NW Mid-Block West j'lNW & MLKing No Number FPL Pedestrian Concrete 51" Avenue NW Mid-Block East 1;1 NW & MLKing 6 8005 2908 0 1 FPL Pedestrian Concrete 5'" Avenue NW Mid-Block West] 'I NW & MLKing No Number FPL Pedestrian Concrete 51" Avenue NW Mid-Block West j'lNW & MLKing No Number FPL Pedestrian Concrete 5m Avenue NW Mid-Block East 1;1 NW & MLKing No Number FPL Pedestrian Concrete 510 Avenue NW SW Corner of MLKing NW No Number FPL Pedestrian Concrete Delray Beach Cultural Loop October 30, 2003 FPL Poles for Jody Servon Artworks Page 2 of 2 Use of Pedestrian Light Poles Street Location Description Owner Pineapple Grove Way Up to Six Poles between MLK & PGW Blue Pedestrian City of Delray Beach Atlantic Pineapple Grove Way NONE of 4 Poles on East in Creations Green Parking Lot Creations Parking Lot Lighting Pineapple Grove Way NONE of East CRA / OSS Parking Concrete Pedestrian City of Delray Beach Lot CRA Atlantic Ave East One of Four Poles at Pineapple Grove Antique Pedestrian City of Delray Beach Was 2"' A venue SE Two of Five Poles on East between Old Style Light Blue Ed Gallagher Atlantic and 1 'I Street SE 2"' A venue SE One of Two Parking Lot Poles on the Modern Parking Lot Our Lady Bakery West iust south of 1;1 Street SE 2"' Avenue SE One of Two Parking Lot Poles on the Modern Parking Lot Milagro Center East in Milagro Parking Lot 510 A venue SW One Parking Lot Poles on the Wast in Modern Parking Lot Straugh Funeral Strauph Parking Lot Atlantic A ve West One of Four Poles at 5"' Avenue West Antiaue Pedestrian City of Delrav Beach MLKing NE One of Three Poles on North in Bankers Row City of Delray Beach Banker Row Parking Lot Pedestrian Poles MLKing NE NE Corner of ] 'I A venue NE Bankers Row City of Delray Beach Pedestrian Poles [IT' DF DELIA' BEA[H , CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMILE 5611278-4755 Writer's Direct Line: 561/243-7091 DELRA Y BEACH , l 0 I I D A ........ MEMORANDUM AJl.AmerlCI City ~~IIJ! DATE: October 29, 2003 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Rule Challenge Regarding Rate Making by Water Management Districts - Settlement Lanauaae The City Commission authorized a rule challenge on the above issue on March 13, 2003. The Department of Environmental Protection (DEP) has agreed to revise their language by adding language that the District shall have no authority to fix or revise rates or rate structures. Attached is a copy of the revised rate language starting on line 38, on page 2 and continuing on page 3. Dick Hasko, Environmental Services Director, David Harden, City Manager, and our office have reviewed the revised language and find it acceptable. Our office requests that the rule challenge be dropped, based on the proposed language being adopted as part of the rule. By copy of this memo to David Harden, City Manager, please place the issue of accepting the proposed language in order to settle the rule challenge, on the November 4, 2003 City Commission agenda. Attachment Cc: David Harden, City Manager Barbara Garito, City Clerk Richard Hasko, Director of Environmental Services C\E DEP Response to October 13 Delray Beach and October 21 FWEAlTampa 2 Settlement Language for 62-40 October 28, 2003 4 6 This is a response to both the October 13 email from Ed Steinmeyer and the October 21 email from Eric Olsen. The base document for responding to these proposals is the 8 October 21 email. Note that the Department has NOT yet consulted with the WMDs on this language, so please consider this a preliminary proposal at this time. 10 12 62-40.110 14 (4) Notwitl=lstaAsiA€l the incor~ar:atiaA of other Do~aFlmant rules in Rule 82 40.120, F..'\.C., this This Chapter. in and of itself. shall not constitute standards or 16 criteria for decisions on individual permits. This Chapter also does not constitute deleaated leaislative authoritv to the Districts for the adoption of rules or other 18 reaulatorv action. 20 The DEP offers the alternative proposal below for section 62-40.110 22 (4) Netv,fthstaREfinfJ the ineeffJefflt.lon of ethe.- D9fJartment r.J!es fR Ru.le 62 40.12(:), F.AC., th.1s This Chapter. in and of itself. shall not constitute standards or 24 criteria for decisions on individual permits. This Chaoter also does not constitute delegated legislative authoritv to the Districts for the adootion of rules or othet 26 regulatory 3Gt!OR. if such rules are not otherwise authorized bv statute. 28 II!:!:!:!! 30 62-40.410 32 (4) !f wWater withdrawals \:I5e shall net lle allewed to are causina. or are oroiected to 34 cause within 20 vears. a water bodv to fall below its minimum flow or level established oursuant to sections 373.042 and 373.0421. F.S.. exceed gr-ound water availasility or 36 surface wator Gvailability. If either is oxcoesos, tho Districts a recoverv or orevention strateav shall be expeditiously implemented to achieve or maintain the established 38 minimum flow or level consistent with section 373.042(2). For water bodies that are below their established minimum flow or level. renewals of existina consumotive use 40 oermits. increased allocations. or new withdrawals shall be allowed onlv if they meet Gonsistent 'I:itl=l aoolicable District rules. includina those imolementina the recoverv or 42 orevention strateav. 44 This DEP accepts the above revision to section 62-40.410. 2 :/.':///:// 2 62-40.411@} 4 (i) The impact of the restriction on the public health. safety and welfare. 6 The DEP accepts the above revision to section 62-40.411(3)(i). 8 10 .......... .......... 12 62-40.412(~ 14 !ill Assistina local aovernments. water supplv utilities. reaional water supplv authorities, and other parties in designing and implementinq formulating additional plans 16 and programs to conserve water. Such proarams mav include analvzina the effective- ness of particular water conservation measures. and tl=le Gollabor-ative development 18 of a water Gonservation qyidanGe manyal for ytilities to yse in desiqninq sompr-e hensive. qaal based water Gonservation proqrams that ar-e effesti'/e. flexible. and 20 affordable. 22 The DEP does not accept the above revision to 62-40.412(2). 24 4. The use of conservation Pr:emoting '....ater eenserviA€l rate structures. inGlydinq 26 droyql=lt rate and seasonal rate strystyres, wherever practical. Consistent with and limited bv their authority under Chapter 373. F.S.. a +he District's review of a 28 conservation rate structure proposed bv a utilitv shall be limited to the structure of the rates and shall not contravene the authoritv of the counties and munici- 30 palities under Chapters 153 and 180. F.S.. to fix or revise rates. The District shall not fix or revise rates or rate structures. The District shall afford a public utility 32 wide latitude in adoptina a rate structure and shall limit its review to determininae whether the effect of the rate structure is syffisient to send a price sianal to 34 customers to whisl=l encouraaes water conservation. Such rates mav be phased in over time if desired by the utilitv: 36 The DEP offers the alternative proposal below for section 62-40.412(2) 38 4. The use of conservation Promoting v:ate.- eenserling rate structures. inGludinet 40 d;r-euetht rate aRd seasoRal rate strUGtures. wherever practical. Consistent with and limited bv their authoritv under ChalJter 373. F.S.. a +he District's review of a 42 conservation rate structure IJrolJosed bv a utilitv shall be limited to the structure of the rates. and shall not GORtravene the aulho.~ity of the Gount/es aRd 44 mUR/Gipa!ities under ChapkNs 153 and 1BO,_F-.S., to fix or revise .-ates. The District shalllWt have no authoritv to fix or revise rates or rate structures. The 46 District shall afford a lJublic utilitv wide latitude in adolJtinQ a rate structure. The 3 District review shall aRd shall limit its review te determine iIJfJ! whether the efreGt 2 sf the rate structure is sufficient to send a orice sianal to customers that 19 whiGh encouraaes water conservation. Such rates mav be phased in over time if 4 fiesir-ed by the utility; 6 :::: :J:::J 11 8 (E1) CsnsiElerinQ Qsal baseEl water senservatisn plans prepsseEl bv water 10 supplv utilities. Susll plans sl=lall allsw f1exibilitv in sllsssinQ water sonservatisn measur-es ts be implementeEl. but must E1emsnstrate tl=lat tl=le'l ,....i11 prsmste 12 effestive water sSAservatisn at least as 'l:ell as tl=le stanElarEl water ssnservation requirements aElopteEl bv tile appropriate .....ater manaQement E1istri6t. Plans may 14 inGluEle an\' of tl=le measur-es in subparaQrapl=ls 62 <1Q.412(2)(6)1 tl=lrouQI=I 7 above. eElu6ational or in6eAtive prSQrams, or otl=ler effeGtive measures proposoEl bv a 16 'Nater user. ProQress tswarEl Qoals must be measurable. 18 The DEP does not accept the above revision to section 62-40.412(2)(d). 20 .......... ........ .. 22 (h) Promoting the efficient and effective reuse of reclaimed water and recycling of 24 stormwater and industrial wastewater through measures including regulation, incentives, public education, and technical assistance consistent with the provisions 26 of Rule 62-40.416, F.A.C.. 28 The DEP thinks it is implicit that the rule would assume consistency with 62- 40.416 and does not understand the reason for this amendment. 30 32 IIJ1!J1/:; 34 (3) To demonstrate compliance with the efficiency reauirement in sub- paraaraph (2)(c). a public water supply utilitv mav propose a aoal-based water 36 conservation plan or proaram in lieu of the measures in subparaaraphs 62- 40.412(2)(c)1. throuah 7. above or other standard reauirements of a District. Such 38 a plan or proaram shall allow f1exibilitv in choosina water conservation measures to be implemented, and be affordable. The aoal-based water conservation plan or 40 proaram mav include anv of the measures in subparaaraphs 62-40.412(2)(c)1. throuah 7. above, educational or incentive proarams, implementation of reuse or 42 stormwater recyclina, or other effective measures proposed by the water supplv utility. Proaress toward aoals must be measurable. If a public water supply 44 utilitv proposina a water conservation plan or proaram provides reasonable assurance either that the plan or proaram will achieve effective water 46 conservation at least as well as the standard water conservation reauirements - 4 adopted bv the appropriate District. then the District shall approve the plan or 2 proaram and the plan or proaram shall satisfv water conservation reauirements imposed as a condition to obtainina a consumptive use permit. For purposes of 4 this subsection. the term "public water supplv utilitv" shall include both publiclv- owned and privatelv-owned public water supplv utilities. The Department. 6 workina collaborative Iv with public water supplv utilities. shall develop a water conservation auidance manual for utilities to use in desianinQ comprehensive. 8 aoal-based water conservation plans or proarams that are effective. flexible. and affordable. 10 12 The DEP offers the alternative proposal below for section 62-40.412(3). 14 (3) To demonstrate comoliance with the efficiency reauirement in suboaraaraoh (2)(c). a oublic water suoolv utilitv may orooose a aoal-based water conservation o/an 16 or sr-9f/.--am in lieu of the measures in suboaraaraohs 62-40.412(2)(c)1. throuah 7. above or other standard reauirements of a District. Such a o/an 01' sr-9Qram shall allow 18 f1exibilitv in choosina water conservation measures to be imo/emented. and be affordable. The aoal-based water conservation o/an or oroaram may include any of the 20 measures in suboaraaraohs 62-40.412(2)(c)1. throuah 7. above. educational or incentive oroarams. imo/ementation of reuse or stormwater recvclina. or other effective 22 measures orooosed bv the water suoolv utilitv. Proaress toward aoals must be measurable. If a oublic water suoolv utilitv orooosina a water conservation o/an or 24 oroaram orovides reasonable assurance either that the o/an 01' sr-9f/ram will achieve effective water conservation at least as well as the standard water conservation 26 reauirements adooted bv the aoorooriate District. then the District shall aoorove the o/an or oroaram and the o/an or oroaram shall satisfy water conservation reauirements 28 imoosed as a condition to obtainina a consumotive use oermit. For ourooses of this subsection. the term "oublic water suoolv utilitv" shall include both oubliclv-owned and 30 orivatelv-owned oublic water suoolv utilities. The DesartmeRt. VlorkiRQ Go/Jabor-ati~'el': with SuB/JS water suss!v utilit5es. shall rJevel6s a water 32 GORservatioR QUidaRse maRual for utilities to use iR rJesiQRiRQ somsr-eheRsive. Qoal based water GonservatioR slaRs or sr-9Qrams that ar-e effestive. flex-ihle. aRd 34 afforfiable. The Department and water manaaement districts are encouraaed to work with public water suppliers and other appropriate entities to develop an 36 enhanced water conservation proaram for public water supplv utilities. 38 :JJ:/!.'jl! 40 62-40.416 42 ill ~ The In implemeAtiR€l consumptive Ilse ~ermitting pr-9€lrams, a r-easonable amellAt 44 at reuse of reclaimed water. the recvclina of stormwater for irriaation and other beneficial uses. and the recvclina of industrial wastewater. shall be promoted. In 46 implementina consumptive use permittina proarams. the reuse or recvclina of water -.-. 5 shall be required of water users .....itl=lin sesignated water rosal,lFGe sautien areas, unless 2 objective evidence demonstrates that such reuse or recvclina is not economically, environmentally, or technically feasible. In determinina economic feasibilitv. the districts 4 shall consider costs and benefits of the reclaimed or recycled water use, includina consideration of the amount of reclaimed or recycled water that can be produced or 6 used relative to the cost. and. in the case of a reclaimed water provider. the likelihood that potential end users will utilize the reclaimed water. In determinino 8 economic feasibility from the standpoint of a reclaimed water provider. the District shall also be auided bv and accept the conclusions of the applicable 10 reuse feasibility studv performed pursuant to section 403.064. F.S. 12 The DEP offers the alternative proposal below for section 62-40.416(1). 14 ill f2t The in JI'FIf3!emsnting sons/,Jmpt{\<e HSS pormfttJnfJ pI'Gf}fClms, a reasenal3!e amount 16 ef reuse of reclaimed water. the recvclina of stormwater for irriaation and other beneficial uses. and the recvclina of industrial wastewater. shall be promoted. In 18 imp/ementina consumptive use permittina proarams. the reuse or recvclina of water shall be required of water users within fiosignatod wate.- resou.-eo GautJon areas, unless 20 objective evidence demonstrates that such reuse or recvclina is not economically, environmentally, or technically feasible. In determinina economic feasibilitv. the districts 22 shall consider costs and benefits of the reclaimed or recvcled water use. includina consideration of the amount of reclaimed or recvc/ed water that can be produced or 24 used relative to the cost. and. in the case of a reclaimed water provider. the likelihood that potential end users will utilize the reclaimed water. IR determiRing 26 esoRomis feasibility fr611/ the staRdpoint of a r~s/aimed water provider, the Distrist shall also he guided 9y and assept the sORslusioRs of the app!isahle 28 reuse fessih!lity study perf6rmed plJ.~SuaRt to sestieR 403.064, ES. 30 HI:I:I::: 32 (4) The Department and the Districts shall encouraae reuse that is efficient and 34 effective and will increase potable aualitv water offset or recharae fraction, where consistent with water aualitv protection. The Department and Districts. in the 36 implementation of consumptive use permittina proorams. shall also recoanize existina contracts for reclaimed water use and not attempt to redirect such 38 existina uses contrarv to the intentions of the reclaimed water provider. 40 The DEP does not accept the above addition to 62-40.416(4). 42 n::fJ::JI 44 (7) In permittina the use of water from other sources when reclaimed water becomes unavailable pursuant to section 373.250. F.S.. the District shall consider . ~ . 6 instances in which the reclaimed water provider directs the reclaimed water to 2 another use. 4 The DEP does not accept the above revision creating a new section 62-40.416(7). 6 .'11! II J:# 8 62-40.473 10 (2) Natural svstems experience variations in water flows and levels that often 12 contribute to sianificant functions of the svstem, such as those described in section 62- 40.473(1 ), FAC. To the extent practical and necessarv to prevent siqnificant harm, 14 minimum flows and levels shall be expressed as multiple flows or levels definina a minimum hvdroloaic reaime. If minimum flows and levels are expressed as multiple 16 flows or levels definina a minimum hydroloaic reaime. the District shall ensure that. and explain how. a multiple flow and level hydroloaic reaime. as opposed to 18 a sinale flow or level. is necessarv to ensure that further withdrawals will not be sianificantly harmful to the water resource of the area (for flows and levels) or the 20 ecoloav of the area (for levels onlv). The District shall also ensure that. and explain how. the multiple flow and level minimum hydroloaic reaime establishes 22 the minimum limit beyond which further withdrawals would be siQnificantlv harmful to the water resource of the area (for flows and levels) or the ecoloav of 24 the area (for levels only). However, a minimum flow or level need not be expressed as multiple flows or levels if other resource protection tools, such as reservations, that 26 provide eauivalent or oreater protection of the hvdrolooic reaime of the water bodv, are developed and adopted in coordination with the minimum flow or level. 28 The DEP does not accept the above revision to 62-40.473(2). ~ [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 561/278-4755 DELRA Y BEACH Writer's Direct Line: 561/243-7091 , l 0 . , D .. ........ Al-Amerlcl City MEMORANDUM ~UIJ! DATE: October 22, 2003 TO: City Commission FROM: Susan A. Ruby, City Attorney ~ SUBJECT: Settlement offer - Ida and Louis Bartolotta v. City of Delrav Beach This case arose from an accident which occurred on August 29, 1998. At that time, Mr. Bartolotta's vehicle collided with a vehicle operated by Mark Ostergard. The traffic lights were not working at the intersection due to a prior accident. Two former police officers were directing traffic at the intersection although there are conflicting statements from witnesses as to how many officers were at the intersection and their positions at the scene. The plaintiff alleges that the City was negligent in the operation of the intersection. Although Mr. Bartolotta failed to stop at the intersection, two unbiased witnesses stated that there was going to be an accident shortly prior to the actual occurrence of the aforesaid accident since the intersection was dark, the officer could not be seen and the flares were almost burned out. Medical bills were covered by insurance with the exception of approximately $10,310.00. The Plaintiffs' attorney, on behalf of her clients, has offered to settle this case with the City for $5,000.00, inclusive of attorney's fees and costs. The City Attorney's Office and the City adjuster recommends acceptance of this offer subject to the receipt of appropriate releases. By copy of this memo to David Harden, please place this item on the November 4th City Commission agenda. If you should have any questions, do not hesitate to contact me or Catherine M. Kozol. cc: David Harden, City Manager Barbara Garito, City Clerk Catherine M. Kozol, Police Legal Advisor ~F MEMORANDUM TO: MAYOR AND OTY COMMISSIONERS FROM: a1YMANAGER~ SUBJECT: AGENDAIlEM#C\ - REGULAR MEETING OF NOVEMBER 4, 2003 APPOINTMENT TO DELRAY BEACH HOUSING AUIHORITY DAlE: OCTOBER 31,2003 Mr. Gary Rosen's term expired on October 27, 2003 on the Delray Beach Housing Authority. Mr. Rosen was appointed for an unexpired term on July 22, 2003 and would like to be reappointed. Per statute, an appointee may not be an officer or employee of the City. Further, each housing authority must have at least one member who is a resident, current in rent, of the housing project or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority. Ms. Yvonne Wilson is the current resident-member serving on the Housing Authority. The following have submitted applications for consideration: Janine Dabney-Battle Joseph Del Casino Edward Desmond Ginger Eisenrod Joe Farkas Philip Friedman Pearl Bunny Markfield Elrod TIse Nathan Gary Rosen (incumbent) Christel Silver A check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered with the exception of Christel Silver. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner Costin (Seat #1). Recommend appointment of one (1) regular member to the Delray Beach Housing Authority to fill a four year term ending October 27,2007. 18-00,-02 11:37 Fr_ T-403 P 02102 F-S8S . 'tvI-e 'I t€: ,,/ C~/. . /J.-J~~ CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 1993 2001 Pleas. . or ant me CoUo . . wonnatiOl1: 1. Last 1'<::une: 0a..! - f>~~ MI. 2_ Horn. Addren: StaU Zip Code , 1Jv...><-t /r:w.,., FL 4 3. Legal Resielence: City Stitc Zip Cod. vV"\t!.. 4. Pcincipal Business .-.delreu: uty SUte Zip Code 0-\ I 04 ~G I') t:l, /t.~,-.....L. ~l~~ M.- 3~~ 5. Home Pho..e:: BlUine5S PhOZlc: E-Ma;lAddreas: C~ Phone: Fax: 5:. ,-;2.'1'\-~~-' "5... .- z.. 72-~ :ro-",;~L.6<e '" ,-4~ ,- 2-~ lU:l Ol.(:c.;."--\ '5"',- Z.i2;~ 6 .lue you a rcgistucd vo",r? ..,'::, If so. 'Whc:%c are you rcgistcred? 7. What Boud('J :or. Y'"' intercsted 111 krvioi? Plc"". li>t in otder of ptefa.ne.: {)... 7- O~"'''''<I.. c-f ~ <; t-....~ 6f f? A-J.3 ; [)/311 fj- , 8. 1m aU Cry Bo:ord. on ,.,m.h you ate .urrcDUY ..rving or have p<eviolOSly sc:rved: (p1ca.e inc1lld. dlor..J ~ p R..""'~ '1 0'- .,./02- . ~....?-h......."\t 1- .,/ Q I 9. Ed".. <>CIAO! q\laliScotions: "73<;~ PI Fi"......." .... ~-<""" ~ 1t>.. 10. Ln a.ny telated professional cenilicatlons and licenses which you hold: I , " . "* H..,<+ I- ..~c;.a.l ~e a.L- h:>.-- 11. Give: yol.lt: pt..ent, Or moSt recent Clnployer:, w poSItion: O<b ',~.,~l L-' J-o.' c..c.." s tro. ......c. rG>J'c..h. ~" r- 1!.t..<LIJ"o,' 12. D..Ct1be expcnen.... .kilI.> 0< kAowkilC. wluch qualify YO<1 to lun OIl chis boud: (pleu. .nach a b<ic! teswne) ~ ...(' t'"'\..r &<. V\ d.. .Q ,,",$ S(.L .... 1 hereby eciUfy WI .u Ihc above SUtemCnlIi It< -.. aZ><l1 *Fee aZ><l """...=d 'Ch.t lilY ......utem...' of mlu:xi.al factS .0 . .13 in tho. .anon may...".. foIf.."". UpOD my part of any .PPl'iN....cat I may recave. DATE f:iL/I'7/0,,"-- r Norc; This application 'will remaitl on 61e ~ the City Ci<:u's Office for. peiod of 2 y.an from the date it....,.. ,.,bmiqcd. II >I>JJl b. the appl1c.n(. rC'p<>"'sihility to CftSUtc th.t ceEiV~~ation is on file. RE E ~uc..T\O>O /,/:;~ / h1 DEe 111 2002 CITY CLERK Junine Dabn 2.19 !flY A_e,~8 It., FL .13#4 to S61-141-ZHf (0) 561-271-659(1 Pro/es.sioNll QrutIi/iaIIioIlS: Licerued Mortgagr Brrkr.lIatfon.~ WhoIDaIe Lmdirtg Group: 1(J() I - Pre.-.t A top producing loan officer. R.esponsible for findirlg fiaancing for RSideutial and commercial properties based on the rev;ew of a-edit and income c:riteria. Affiuent in the cmfit criteria for COil ""pondems on the secondary market.. as well as.. A. B and govertDDCI1t paper Lenders Licensed Realtor. Homu Realty: 1001 - PrEsent Recruit.. train and manage residential and """~ real estate sales associates. Licensed Mor1~ BroUr. The AdJisorr Mortgage Group: 1999.1001 Top producmg Senior Loan Officer. Lam files inc:luded residential conforming, ~onfonnintt. V A. FHA and wu....e.QaI. Specialist in hotetfmotel.,laTge apartment and commercial moo u.qe. Llcen..<ed Real Est~ Sales AS$OdQle. D,..a.t!c /W4lty: /999 - 2001 Top producing sales associate for Grater Palm Beath County area. Over S2 Million in sales per year. Er.ecu';"p Vice Preside", Operations. Wrwld Morrgagr C"'Y'"atforr: 1998 -1999 Recruited to develop World as a wholesale sub prime Letlder. Duties included but not limited to management ofloan opening. pr~g. underwriting. closing and post closing departments. Respon..;ble for the pricing 8I'ld sale of ""'lIk ~ loan sales. Authorized to employ all qualified peBOMe1 for the Compmy. l'i<< Presidrtm Sub Prime u~ DMsiorr. I3tmlers Direct M''''15wgc Cvll.fV'anon: /99(i - /99.~ Responsible for tbe supeMsion of the sub prime tending division. Duties included the supervision of underwriting. loan processing. loan closiJ1g. and post-closing departmellts. Untk~ng Svprr"7_. NDIiDnal LDrding Corrrr: 199J - /996 Respon~ble fur tuper"i.qjng and training a staff of tell Underwriters. Supervised the und~ing ofNon-conforming (B/C) loans, communication with the sales force, processors and brokers. Acted as I liaison between Mid.LeveI and Senior M4nagemerrt. Self-Employed: 1989-1993 . Mortgqe TI'Iiniug and P1a...emeat . LandlordlPloperty MaDeger . Century 21 lte::a1 Team 1leaky n. Key BiscayDe EtlactlJioll: Dual Mafo', BSBA in Firrancr and Real Esralr. Ohto Statr University: 19i'f9 I' Colle~ Preparrzlmy. Westem Resrrve Ac:odemy: 1985 1l9-~ [D/ZD'd Itt-l "'J~ 55'1'1 ZO-,oQ-OZ J.nine Dabney-Battle Z3J NW ~ A--e, DeInq I! . .... n J1444 co S61-Ul-%HII (0) $61-171..$$06 COlllmlfltiO' 1..tm.Jj~ . fonner Board Member City ofDclray BeKh S.P .R.A.B . 'Fonner alternate member- City ofDelray Beach Board of Acljusunent . Vice Chair &. board I~I~. Delray Phoenix Int. . Member. t>elf'llY Death Youtb .\thIetit Association . MembeT. Delray Beach Chamber ofCuddl.erce . Manber. Florida Association ofMortpge Brokers . Member. National Association ofReaJtors . Member. B()(& 1QtOD Cbamber OfCvDUlK:rce . Member. RoobI Festival GoIfClassic Orgmizational Committee . Member, BoyntOllBeaeh ChambeT ofC6h..u~ce . Member. COlllrr~~a1 Real Estate Women . Member. Moribmi Park Elementary PT A . Member, Carver Middle l'TSA FiNuacing Projects: . Weatberspoon Connection, se1f serve car wuh . COI!lO 4partments, 24 unit apartment building . J..~ Villa. 28 unit beathfh>n1 motel . Reflnions Restll.lTl!Jt . Major strip plaza in Delray Beath . Multi-residential units . Ocean-ftont Condominium penthoUse units , UN EO/EO'd Itt-l ."lJ~ 55:.1 ZO-"D-OZ , . k..tQI1C.'a. / DRRAY BEACH o-36-p5 ~ CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 1993 2001 Please e or rint the folio information: 1. Last Name: 'Pel Casl no Name ::::TO se h M.l. V. 2, Home Address: I T~(I :#S~23 uty/3t)JI1.~11 '8ecdi s~ Zi3 Code 1/2-11 S. ~, I tit r 3 4-3'- 3. Legal Residence: uty State Zip Code St:lHe SHM6 4. Principal Business Address: uty State Zip Code AJ 11'1 5, Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: S61 7n~<H:8~ SIH16 deICiUi"D~h,t.6; #/1/ ,.; / Ii . c..... 6. Are you a registered voter? e~ 1f so, where are you registered? 1=u I!.IDI1 I What Board(s) are you interested in s~P1ease list ~er of preference: ItJc'IA ~/,ce f~~ kL'v.r I ~Hf ID c*s b!.flt'eHc 0( CD... IJIIT_II" :p,/I twe ... I f!pf,~ gel If wu.slez..... ~..v,;Ny &.dtv IhcM&DV, .J "." t&4c o/hs 4..:J 1JeHtt';, 8. List all ~JtJEards on which you are currently serving or have previously served: (please include dates) 9. Educational qualifications: ~ reel C,ht PI"'''fi'!jJ (/IIIVof "!e1411.$fJ /ltu,tl4.,j Ba.rM.e( #r~ r-</.e..1 ~c()I1Dffl(c..S J ];YDWI1 ()Hlvenf 10. List any related professional certifications and licenses which you hold: 11. Give your present, or mostrecent employer, and position: v/(;€ fl..eStde4' / klttR (tl.s~ H.., ~/::., ~ -- -t3eu I'1e fie. ':1:11 v(U~ 1l~ J 12. Describe e~riences, skills or knowledge which qua!ify you to serve on this board: (please attach a ~f resume) ,.,. ~ "l~ 1#1 'h V~S~ IfMtI. ~ eslaM. - V~ ~Ie.~ ~( EsfA,le~(Ie1~ o-A1~4y"f '/0-0 bllliiH ~1l1)( -Pultd. j ~rllM#v 9-)(U..u~ 6(J UI.~ ~.pWWl. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ~ ~ '79, u:JVj. N M \..:0"' "" ,ppH~"'" will """" M .. .. ... en, """', om.. '"' 'liZ'~from ... .... ._ submitted. It will be the applicant's responsibility to ensure thaR is on file. , 1aTYa.D.KI8OAI.DWPUCAT1ON ?~ke ~ ~~. MAY 302003 t"!ITV ~I F=RK . . Joseph J. Del Casino 11211 South Military Trail Apt #5523 Boynton Beach, Florida 33436 Home (561) 738-4586 Jdelcasino@hotmaiLcom SUMMARY Senior investment professional with 20+ years W1derwriting ex-perience in real estate and alternative investments as principaL advisor and consultant. Proven track record in developing profitable. long tenn investor and institutional relationships, Substantial transaction and portfolio management ex-perience. CAREER EXPERIENCE Acted as principal, advisor and consultant for real estate investments. mortgage lending. private equity and venture capital investments. Ex1ensive transaction and portfolio management ex-perience including managing a S6 billion national real estate portfolio and $3 billion in real estate acquisitions and mortgages. Business development and marl<eting experience with institutional and high net worth investors. Private and public sector experience with large and small organizations. Hired. trained and managed professional staffs. Excellent presentation skills. PROFESSIONAL AFFILIA nONS INDEPENDENT CONSULTANT, New York. NY 2000 - 2001 Private Investment Fund Advisor to SCHIEFFELIN & SOMERSET COMPANY, a joint venture of Diageo PLC and Moet Hennessy Louis Vuitton. Directed strategic development and implementation of a venture capital investment program as part of a strategic marketing campaign. DONALDSON, LUFKIN & JENRETTE. New York. NY 1997 - 2000 Principal. Director of Real Estate Investments. DU Asset Management Group Joined DU initially to create an infrastructure for managing the dramatic growth of its alternative investments program. and ultimately to direct the creation and management of its real estate product line. NEW YORK STATE COMMON RETIREMENT FUND, New York. NY 1990 - 1997 Chief Real Estate Investment Officer (Underwriting Manager) and Director of Real Estate Investments Joined the Fund initially to restructure its real estate investment program. manage the underwriting of all new investments and ultimately to develop and expand its investment scope and strategy. CUSHMAN & WAKEFIELD REALTY ADVISORS, INC.. New York. NY 1986 - 1990 Assistant Director. Portfolio Management JONES LANG WOOTTON, New York. NY 1981 -1986 Senior Investment Associate PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC" New York. NY 1980 Project Manager J .. . Joseph J, Del Casino Page 2 Member of the Urban Land Instilute (ULI). Pension Real Estate Association (PREA). and the International Council of Shopping Centers (ICSCl EDUCATION UNIVERSITY OF PENNSYLVANIA. Philadelphia. Pennsylvania, 1980 M.C.P., Master of City Planning Substantial course work at The Wharton School University of Pennsylvania Research Fellowship. Full scholarship. 1978-1980 American Planning Association Award for highest scholastic average in planning program, 1980 William L. C. Wheaton A ward for scholastic achievement, 1979 BROWN UNIVERSITY. Providence. Rhode Island, 1978 A.B., Economics and Urban Studies Brown University Scholarship, 1974-1978 NEW YORK UNIVERSITY. New York. New York. 1981-1983 Real Estate. Appraisal. Investment. and Finance courses. LICENSES: Series 7 PUBLICATIONS Numerous articles in business and real estate publications including Barron's. The ADDraisal Journal. Urban Land Real Estate RC\iew. and Real Estate Issues. Member. Editorial Am,isory Board. The Handbook of Real Estate Portfolio Manaeement (Irwin) and author. Chapter 23. "Portfolio Diversification Considerations''' 1995. KEY WORDS Real Estate. Mortgages. Lending. Sub-prime and Non-confonning Lending, Alternative Investments, Private Equity, Fund of Funds, Institutional Investing, Underwriting. Acquisitions. Loans. Financings. Sales, Asset Management. Portfolio Management. Joint Ventures. Marketing, Business Development. Valuations. Appraisals. Financial Advisors. .' -- . Jun 27 03 01:57p ---. .---- p.2 UU'~a'u~ ~eu lU;d~ r~d ~v~ ~~~ ~.,~ P~L~l;"'''P1 ~ -,97-~5 ~!q:l Oi<h~.- 'tii~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 . Please e or ript the foUo 1. l.2st Name; I M.l~ eSm 2_ Home Ad <S~ Yld~ ~/h'1 City State Zil Cod<1 .s 3 Fl. 3: ~.f' 3. Legal Residence: City Slllte Zip Code Sam e. QS a DV~ 4. Principal BUline.. Add,e..: City State Zip Code _ 'I/0.E. 136 /J -1-6'1 &40h Elvd 7Sa /1 ~"'1 &aL!-~ FI '3~3.s- 5. Home Phone: Busine.. Phone; E.-Mail Mdtess, , ceO Phone; Fax: 5~1 6" - LJ'1"'- 35"'l? '/-73'1-6'1'( -'1'15-9.3,1). ?59-6<1'YS- 6. Are you a registered vOler? yes If so, where ue you registered? lJe/ /'#. Bed 7. W'hat Bond(s) Ire you interested in srT"fing? JcllSC list in c.r of Ie~nce: . A.:d~"" If; 4- 'tJOSI/J 8. List a.lJ City Boards on which you are ~nez:nJy sCr'\oing OJ have p~O\IsJy served.; (pJease include dates) 5 (J()l1JmiSS/4J, 9. QChuL 10. List a.~y rebred profession:aJ ecnilicacion. and license. whieh )'ou hold: ell. see.. qH-trf!, elL. {!t>~/q ~~ f/~;,s 12. D..cribe e.periences. skills ot Im_lcdge which qualify ,.,.. to ..rvc OD this board: (PIea.e attach . brief resume) '1e4Sa. S't!'<e ~p'~ I he,eby certify that aU <he .bove ,..tell\en.. ore -. ",d I apce and ""de..""'" _"'y mi........"..., of ....",a.J Caas contained . s. o o~ may aU5e (od'dture upon my put of an}' Ippoirlanmt 1 may receive. ,h'7/o3. DATE Note: Tho applicarion will remain em 61e in the City Ocrk'. Office fen: a period of 2 Y"'" from the date it was submitted. II will be the applicant'. responsibility 10 ..,.Ute shat a currc:tU ~pliQltion i. ot! 61e. a'Cft'Ya.D*.~.~AT1ON RECEIVED JUN 27 2003, CITY CLERK - Jun 27 03 01:57p p.3 EDWARD C. DESMOND 5473 Grande Palm Circle .. Delray Beach, Florida 33484 (561) 496-3596 PROFESSIONAL EXPERIENCE 1999 - Present CARDINAL FURNITURE, L.L.C., Delray Beach, Florida Owner ]996 - 1998 C. T.P. FURNITURE, Stratford, Connecticut Vice President - School Division ]989 - 1995 DMS ASSOCIATES, Fairfield County, Connecticut Management Service Consultant 1987 - 1989 TOWN OF WILTON, Connecticut First Selectman (Elected Office) 1977 -= 1983 WIL TON PUBLIC SCHOOLS, Wilton, Connecticut Director of Management Services 1972 - 1977 WES1PORT SCHOOLS, Westport, Connecticut Comptroller 1965 - 1972 DANBURY PUBLIC SCHOOLS, Danbury, Connecticut Assistant to Superintendent/or Business/Finance 1964 - 1965 SOUTH SCHOOL, New Canaan, Connecticut Teacher PLYMOUTH STATE COLLEGE, Plymouth, New Hampshire 1959-1960 Principal 0/ K-8 Laboratory School. and Director of Student Teaching 1957 - 1959 Supervising Teacher 1955 - 1957 CONWAY ELEMENTARY SCHOOL, Conway, New Hampshire Principal 1954 - 1955 PINE TREE SCHOOL, Center Conway, New Hampshire Teaching Principal - .Jun 27 03 01:57p p.4 . 1960- 1964 Owner-Real Estate/Construction Business PI}n1outh, NH Park Commissioner .. Plymouth, NH (Elected Office) Precinct Commissioner Plymouth, NH (Elected Office) Alteruate Representative from Plymouth, NH to House of Representatives t959- 1960 Principal ofK-8 Laboratory School, and Director of Student Teaching Plymouth State College, Plymouth, NH 1957- 1959 Supervising Teacher Plymouth State College, Plymouth, NH 1955- 1957 Principal Conway Elementary School, Conway. NH ! 1954- 1955 Teaching Principal Pine Tree School. Center Conway. NH E1?UCA TION 1970-1972 National Association of School Executives 1966 - 1968 University of Bridgeport, C.AG.S. 1956 - 1958 Boston University, M.Ed. 1950 - 1954 Plymouth State College - BS RefereDCeS available on requesl PE,L'\,AY,B~P1 ***** ifITr . CITY OF DI;L.ftA Y BEACH BOARD MEMBER APPLICATION 1993 2001 PiA:ase e or nnt the foUowin information: 1. Last Name: Name M.I. E EN G N6EIZ. G- 2. Home Address: ~'fll Ci Spel- ~ Code {'5 VILL tye:>oc A If>tJ 3Y.33 3. l.eg2l Residence: City State Zip Code 'sAmE. 4. Principal Business Address: City State Zip Code SOu TH r,d15T t<,E tlL TI( Ed. U, TiE.5 BOc..fl RfY rON fL 33'-/33 :;;l/21;2.. S,. NO Ew..5 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: SW -'1'17 'b'{ 91 Sw -JI 0 -o~-ot> BocA Bilk RQf/ol.- :)fP(-71J6-.lS~ 6~/- :lIO .0605 6. Are you a registered voter? Y-u- If so, where are you registered? (30(, n 7, What Board(s) are you interested in serving? Please liSI in order of preference: oS G. IT E r: It:S 8. List all Ciq' Boards on which you are currently sen.u,g or have previously served: (please include dates) Ii 9. Educational qualifications: /VI S {3 . DTAN'( 10. List any related professional certifications and licenses which you hold: L. ES71l-/:. L (eNS . c r\ F'fi::D (hAStE/( G 1'Y<Ot.NEt<- 11. Give your present, or most recent employer, and position: / . SOl! - ST "'flLT' - IE 5 {;:tlLTO~ SI1Le..s P/6({ . STA1"C O/I?EC.TM - YouTft FOR VNOE/(S 'fIN/JIN6 E.'1c flN6E P/?tJ6 - tJ . REik 07. G.tP '( .s In E bl/f(e1ile)~a. - f. 7ENSlotJ SE.<..,c I h .y certify thaI all dte abOve sta.te111ents aretiue, and I agreean,d underscirid that any miSstatement of material faclS con~ed in this' application may Cause forfeiture upon my part of any appoinunent I may receive. ~~ _S/?o/D d- ! SIGN.-\ DAlE Note: This application will remain on file in the City Clerk's (?ffice forap~ripd oaGEt~te it was submitted. It will be the applicant's responsibility to ensure th2t a cunent on IS on e. 41'OrAODlAP'LK'AT1ON JUN - - CITY CLERK DElRAY BEACH ~f1C('n<.3, , , 0 . I D .. ***** I (-~-o:8 mr CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please e or rint the followin information: 1. Last Name: -- Iff ~ Name M.1. ..:To 2. Home Address: City State Zip Code /p tv 17-t fl.lf? t)t:L/?A-V (9.Hn /~L..- ..?Y. - 3. Legal Residence: City State Zip Code (J -- (;' 4. Principal Business Address: City State Zip Code S-'bb? OKee Uio6ee 4<..1/,1:), tMa>r /' ;4t../V Il(//~ /=<- .?~y,<7 S. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~ ..MLfiq-~~ fi),fl5.-J. . 7/ lbS/ 6. Are y'ou a registered voter? If so, where are you registered? e >> ~.....7; 7. What Board(s) are you interested in serving? Please list in order of preference: <:::1'9: V Z D/'-' "" A"'~ _ ~..r//v(/-- TYTo,c ( e,-e A' z,4^'.o 8. List all City Boards on which you are currently serving or have I'revi0t:s]y selved:(please include dates) -0<> - ~ u- , C cf)...y""": - 9. Educational qualifications: - d. .4 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: (!-.7, ~ e .-vTtZf" "'" 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) /VT.e! R..c k "/ d: A )e" <<<>'/f!' V~ c$' h0..k" .,....- ~ 'P /:? 7'~ CJ~ <-</r- ~ ~/~~'" e, I hereby certify that all the above statements are lnle, an I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. //---l'T~D / DATE Note: TIlls application will remain on file in the City Clerk's Office for a period of 2 years fr~~~ submitted. It will be the applicant's responsibility to ensure that a current applicatiol .' S\CITYCLERK\BOARD\APPLICA TION NOV 29 2001 --.. - - ------ . 7" Nonhwest 37th Avenue . DeIra)' Beach, florid a 33445 (~7) 4'9-4578 t . Positive .caD do. attitude . Organized aDd iDDovative . ExceDeDt iIIterpersoDal relatioDS . Effective writteD communicatiOD sJciUs . Adaptable ud flexible . Ability to remaiD calm ill stressful JimatioDS AM1'RUST BANK, LOAN OFFICER, .BOCA RATON 12/1/92 to present CALIFORNIA FEDERAL SAVINGS &: LOAN 4/85 tcl~ 11/92 8Branch Manarer . Pompano Beach (1987 to preseDt) . ManaaemeDt responsibilities include operating budget and staff, ensuring complete customer satisfactiOD while COD trolling expenses . Create customer awareDess by developing and implementing marketing programs ud soliciting outside business . BraDch consisteDtly achieves over 100% of productioD goals . Provide high customer service levels emphasizing problem resolution aDd staff development . Increased deposit base from $12 million to $51 million . Received several "BraDch MaDager of the Month" awards I aAsslstant Branch Mana,er . Boca East p~6to~8~ . · Assisted in aU operatioDal areas of braDch management aFloater. Broward and Palm Beach Counties (1985 to 1986) . Involved in teDer and savin,s mDctioDS for branches within Breward and Palm Beach CoUDty . fIRST BANKERS . Marpte, FL 12183 to 4/85 aHead Teller . ControDed daiJy operatioDl . Supervised staff of S . Conducted Jtaff and traiDinJ meetings . Provided customer service . MiDimized losses . . . ~ i t1NtVERSITY OF TOLEDO. Toledo, Ohio ! Bachelor of Business, 1982 - . U~ ------------ -------"...-- --- -.-- ----- P'olIloA': B~P1 .8t'Q / kr / hhctnc; ~ o ~ -:fl;J 05- CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 information: M.I. 2. ~ rvAcJE' State 11- ~ 3. Legal Re~n~ State ~o~ 4. Principal Business Address: City State Zip Code E-Mail Address: Cell Phone: Fax: (;;).. ";?:;,?-,;).p 6. %e~ 7. 8. currently serving or have previously served: (please include dates) I N0/'Je. 9. :t~fLN 10. List any related professional certifications and licenses which you hold: 1C'-<.tIlSe. Note: lbis application will remain on lile in the City Clerk's Office for ~= from the date it was submitted. It will be the applicant's responsibility to ensure tM 'on is on file. lCttYaaKWOAaD\APPIJCA11ON MAY 302003 r.ITV CLERK . -p~ \ \\.(7 ~t'L, ed.,^",~ .. <76?O AI \4M19J'1~ ~(l.\.~ , ~~ ~ P\ ~&'{~3 ~(Pl -0). 7ee. -d..(}..D 7 6!\.0.C4.~rO 'B. A. I"" .f:Co~h\IC.~ - ~~LQ )\~) .. J\.l.rK> 7:'.~~~ 1t:1t; ~ 1\')\~.J1.. cs}e.a.N ~ co} '(\'j~ I N~o~ " C\~ (CZGS- J.AJoa-k, e~\e.Nce.. Ie; &,s- 1&i6~ U--N'~tV ~k..C0~&hoN ~J)\~ Tf>r-~ ~,~\..S+ i Ic;,f(-/97~ Leuefl- ~(U!>~~ - g~ . TA-')( ~\qll~1- 1<;7"--/'1<;1( '~ (M,l"""'~~~ . &.sISj.~Ut\ll\/~I4;1A. (' N~e\<9-1 Oed. ~h \ t~'-/ I (<7 ~S - 1'7 'iO ^l~/\)n.kt\).~~N.h-\~~- ~\<dI t^'+t.d_k~"",~- ~ -=b(l.A~~ S-'(~~'iJ..l.e{J r.. \~~,N~(~~ ~~h.. K-e.fr\ et.~ / ~~'jv-e.s.J ~ ~OD\AJ co\t~~o . - - ;;'GJ~/kr ?-;,J-()5' p~LIlf'':'~P! '~ CITY OF DELRA Y BEACH 'lilt BOARD MEMBER APPLICATION 1993 2001 ~Lt2-0 0, M.I. 'fb CWJ- (2t4ro 11 State Zip Code FL 7. /7 6- () (' It/'/3 S .'-1,4 '.. . 8. Ust aD Cit). Boards on ....hich l'OU ue amently setVing or have prn:iously served: (please include dates) 9. Educational qualifications: If; G-II S;c 10. Ust any related professional cutiS Note: This application will remain 011 tile ~_r. period of2 years from the date it was submitted. It will be the applicant', . ure t . CUlmIt application is on tile. ICITYaanc>AIDWPUCA.... .,.,.... ~..... .. .".". ~.-... '.--- - -- -- - _._~- ....-- .....-- ....... O} 15 n: Tt'E 1~:$3 FI\;t 541 H3 3714 CIT\" CLEllK llIooz OU..... Y 8EACH ~ : 'III J r CITY OF DELRAY BEACH <!; BOARD MEMBER APPLICATION ,QQ~ 200" j>1r....~.!}'~~~..'- me (<!~~.i..'nf~aaon: ! I ,.." Name IV kr H A- ,.J ______l~~lrl~ ILse;- 1 }.f.l. 12. H"n;< Addr..,r G.~ I Stat~ Z'!p Code I ..,'00 ~e~'a~~ "l;;l.r. #1/ ~r :L 334if'3 .13. Legol R"",d.."ce: . c.ty State Zip Cod~ I .: . - E"J"nrI e.. I ,,,_ PriA:ip>.l BUlin_ Addle.., ('jty StlIte Zip Cod. I . IJ 1ft f-l"",., i"-,vr,co : Bu.inc.. Ph.., c: E-M,w AddLe..: Cd! Phone: Fax: . !~bl-26"(- '131'6: AJ i!"BI(1)AlJi 4c I , 6. !\!ff YQIJ , rq;i...tuc~ "'Otcr? V 1f ~(). "Irht."l'C' UC: you~tered? .! . . .1~4 . Pa c _..__ :. ~T1)4{ BQ'iJ;'d(:) &.rC-)'U\1 itlIU"~ j,'.crv~ Plca.st' U1t mo. Ida o[prefe.rence: ___Y[>()6; ,-' {;. - z.." VC.....'TID'" - C<.J 1.. {</R-flt-l.. - .---- - -- -- --_. .". ,~. 1.;'1 :l~~:_;r'; }\/)uJlo 'In wt-.l-:D :"-:.lU 11-0 cw:rcn1y SCl'\'mg or have. ~c'i'ioudY ter.ed: (Pluse jnchJdc: dates) " :_~+jpfC~L IF vS..Ll:!..p -11/1 +0 -Prec::,..."t- I . 1------- I I so. Ed:.:.;;::!)n',d (jU.wOC.:\;:HJn.;;'.. . ~_______ ~./t EoP..pa.-/.u" G(,}..,~....~ - B-I'\- F~<.rlc..}J, "fitU'J , .. -. . , -' ,:" ;.f.: ar....."'~J:..t("r.l t!o(~,~it:'Q"J cerooc200:l' and license:" whieh you hold: . I "j~~i..!-~,..v. .... V Tca.e.-4 - NY-/Il:r ...u a..,.. 1- <'f'O-"'''''~ F'4"c-ne./I f- ~. t 'I ~. " i ,~--0_!iS.~~-_- , .. . . _ . ---l 11.J. ~IV" YUUI pr~c.nr_ or mos <rec.ent employer, and pO$lQ"n: .' I i .10",4. 'D,~c+, '}10.,., ~'cJre..,'.( ~e....oItl._""'1 - ~. c1..J.J....,4.A~,.J."'r""#fi?q. / / I : ~/-/ 1".1',-+nt.I't4,)t- IJ~. ,u;f p7J{)~ __' I .! ! 2. Dc..e...;>< c~?wcnc<".J.aJJ. or knon'lcdgn..hid, '1"olify you '0 KNC on..... booord, (P]....e a,,&eb . br;.,[ ft,wn~ . .- - ~_~- - I ' : ~ I'.l.'[~:-:' ;: ;:-:.i~. rlo.l :&lllh4! ,b~~e SUtcmeots.IZ"C tr1Je. lInd 1 .p~ &Dd.1D1i:k:!~taod that. any mis'~lcm.<::.o.[ of II12tc.na! (1.C16 I .: \~Of"':;;'~;'H''-~ -:~. tJ~ .apphc-:lnOD nu.y ..."J.U5C' Coreature uron ftl)" put of 10). JpP')mune:n 1 may receIVe. ,/ ", / -~ \..;;~-{. --"t:..P'i-IfJt:r I IJ &I Z. .__ : ~.l ~+. -;!1. r..E D~.\TEI ~ !')1<" J'hi~ application~;jj:cnu.in on(,jc in thc'City Clerk', Office for. period of 2 year:; from the dlt~ it "'as f ;~7.:-.i!!cC_ Ir ",-ill be. tho appliuT>;'s rc"T'on.ibility to:> cn..,re th... cllUent opplica1iqn i. "n tile. - . . 1I'ClTT00000-"O...U>.&1'l'\IC'....no->o: : ReCEIVED I 1- L JAN.6 2002 O\TY CLERK ----..------.'. ~M~ i1~tlMJJ1, mA, e.#6, 'Me, ~~JJ1Jf1~ ---., Drift" '10' Dohy -._J)4I). l56I)-'~ - J'J)'UCATIO:NAL .AClCGIlOY:NJ): HuIller College, New Yorlt. NY; MA. Education . .j .QueaDs CoUeege, QUeens. NY; BA. FrenclI Postgraduate Center MeutalHe8hb, New Yark. NY; Clinic:al Coanedor Certific:8le J",... RDcbestCl" ScbQolof~Nuneing. NY; Pnctica1 NurSag Certificate lastiNte for Raiiona1 EmotiVe Therapy BaSe Certificate : . gPJ.:RIENCJ:: < 1974 to present Priwte Pracric:c. CounseIiDg and Psychotherapy 1 _.~ ; 1974 to 1996 hidependent Consultation ('Alter, Bronx. NY Bi-1ingual Counselor/psysehotberapist (SpaDishlFreoch) , 1978 to 1989 Essex CoJlese QfBusiness. Newark.. NJ Director. Director Student Servieesand Special Programs, : , Direc:tot'Bi-liogual Program. CwTic:ulum Developmeot, DirectOr .Atlmi,oion, PIaccmeol, aDd FiDancial Aid, OED 1983 to 1987 Teaat1y Adult Education, Teaafty, NJ " Lectures, WOfbhops, Parent Education, , . 1988 to p, """,,,,t The Cbildreo', Ac:lIdemy. Newarlc. NJ Founder, Trustee, Executive Director . . I 1 I ! I 1991 to 1992 Essex County CoDege, Newart. NJ ~ Adjunct Professor, Women's Cellter , ; . CERTIflCATIONS AND L1~NSES: , New YorldNew Jersey penJWJent High School Teacber (SpanishlFrench) : 'New Jersey Permanellt Nurseryl K to 8th Grade New YorklNew Jersey Uce<'y.tl Practical Nurse , State of Maryland LiceNed Profeesional Counselor ; Natiunal Board of ~ed CouoseIors Certified Counaelor ~. Academy Clinic;.al MH Coumelon Certified Meatal HaIth Conn-lor , , New 1=)' <Anitied Social Workec , , , ; ; , j , ! 1 . , . ; . .---. --.- "'-' . - -... - - - -. - --- ---- - .- ~;.; MEMBERSHIPS: Nev.' Jeney MH Counselors Association Founder. President. Chair NominationlEIections. American MH C~eJors AssOciation Legislative Chair Regional Coordinalor.llegional Repreaentative to Board New Jen<ey Professional Coumdors' Executive Board, Legisluive Committee Na:ional Association SOcial Workers Member l;r~l a~ m!Universalist Membership, Fundraising. Program. Education National Education tor Young Children Member , New Jese" Association for Gifted Children Member USJJ':P: Wh("~ Who of Amencan Women ! \\"hc> s \\'1." in the East 1m"" ...1:;,mal Leaders of the World . i A!\.';,~t)' Disorders A<socilltion of America 1"c.ti.:::131 Academy Certified Clinical Mental Health Ccunselors Registry New Jersey Professional Counselors Regisry P~"fe~s;onal Registry National Association Social Workers , -.lYRE"- INTERESTS: " Fiuer.' ir, Snanish, French, German, some Italian. Grant writing. Traveling extensively in Europe and Sout'" America.Working with disadvantaged minorities. i References upon request. . .~ I , ! . L --...----------- -- UC"'"IV'\I III...,.,......' , l 0 ,.' I .. ," ;2Q/t:'/df ***** u-an.icaCIty CITY OF DELRAY BEACH II, /3-03 , 'II J! - BOARD MEMBER APPLICATION 1993 2001 Please type or pnnt rhe folloWIDe: information: 1. Last Name: Name M.l. Rosen Garv 2. Home Address: City State Zip Code 817 NW Second Avenu~ Delray Beach FL 33444 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 1515 N. Federal Hwy. Suite 300 Boca Raton FL 33432 5. Home Phone: Business Phone: E,Mail Address: Cell Phone: Fax: 330-0099 266-9669 garyrosen@att.ne it 251-1065 266-9166 6. Are yOU a registered voter? If so, where are yOU registered? Yoc 'no1r"u ,.o"...h "'T. 7. -What Board(s) are ,'ou interested in serving? Please list in order of preference: Housing Auth. Planning & Zoning, Board of Adjustment, Comm. Redevelopment, 8. List all City Boards on which "ou are currently sen'ing or have previous]" sen'ed: (please include dates) t"it-u ~f B"...'" ""';"n 7."nin,;,.""''':il ()f' ail; .' ,.. - In V"",rc J 9. Educationa] qualifications: State University of NY - AA Ohio state University / 10. List any related professional certifications and licenses which you hold: Florida Real Estate & Mortaaae Broker Licens 11. Give your present, or most recent employer, and position: Tay10r Marketing Group - President 12. Describe experiences, skills or knowledge which gualify you to serve on this board: '6lease attach a brief resume) Ten Years of service as a Memoer and Chairman of t e Boca Raton Zoning Board of Adjustment, Real Estate Developer, Consultant, Builder. ----.. I hereby certif" 1\ir.i.-: ~-"e statements are true, and I agree and understand that any misstatement of material facts contained ~s 1 ~r~ ay cause forfeiture upon my part of any appointment I may receive. _ ~ Nov. 12, 2001 II SIGK\n:RE D.nE Note: This applic}rl'on will remain on file in rhe City Clerk's Office for a period of 2 yeAl!eervct:Dvas submitted. It will be rhe applicant's responsibility to ensure rhat a current applical10n is on me. N 0 V\CiY~EYd'6'RD APPUCATIO~ CITY CLERK / .-- - .. ~. a/f!ltuXb~. .. . er .... =~ . ~,~~e^,M~e- "'~. __"'" A.OA,~....w;. . ~...,,-- . (FOR HEARING IMPAIRED) TOO: (561) 367-7046 SUNCOM: (561) 922-7700 . August 20, 2001 Mr. Gary Rosen 1027 Pepper Ridge Terrace Boca Raton FL 33486 Dear Mr. Rosen: We want to thank you very much for your service as a member of the Zoning Board of Adjustment over the past ten years. Because of your dedication, Boca Raton is a better place for all of us. ) In recognition of your service, please find enclosed our Certificate of Appreciation. We wish you success in your future endeavors. --"' LeifJ. Ahnell, C.P.A"C.G.F.O. City Manager LH/jr enclosure i ---------~ ,-- __ w ..___._~_. "Cl ~ f ~ ~ ~ C c ~ O ~~.s 111_- ~ ~ B~ ~ ,S C ~ ~~ ~ ..... II 0 ~ f1J '-' B.- ~ u~~ R.1.s1G C :E~~ II (J f1J._ ~ l~ c ..c 0 III (JO"-ooj...~ ) I- ~ G)I- .2~~ OJ :l s... ~ c ~ ~ ... Q. :-.,' 0 ~ ~ ""- $ Q. ~:s~ c o < r~ i ~ ~ ~ vQ~b.Q ~ 'O~ ~ .~ .~ (J 5 ~ N "'-. ~ I'o..~ <:;:) () l.." <:;:) < ~.. <:;:)0; ~o ) - ".-.- - - '. November 12,2001 - , - Ms. Karen Schell City OfDelray Beach looNW1" Avenue Delray Beach, Florida 33444 Re: Advisory Boards & Committees Dear Karen, I have recently moved to Delray Beach having been a resident of Boca Raton for the past fifteen years. While residing in Boca Raton I served as a Member and Chainnan of the GARY ROSEN Zoning Board of Adjustment for a period of ten years. I now have an interest in serving as a member of an Advisory Board or 1027 Committee for the City OfDelray Beach. peridge - "race Since 1979 I have acquired and developed real estate in South Florida, I acted as a consuhant for various national and regional development finns, Boca Raton and have served as President of the Florida Atlantic Builders Association FL 33486 representing more than one thousand builder and associate members. My preference would be a position with Planning & Zoning, Board of Adjustment, Community Redevelopment Agency or Housing Authority. I can be reached by mail at 817 NW 2nd Avenue, Delray Beach 33444, telephone at 251-1065 or via fax at 266-9166. Your consideration on my behalf is appreciated. I - /' DRRAY BEACH CC'" OJ , I . . . D .. - ieal~r 'IIIr CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please type or print the folloWlll2 informanon: 1. Last Name: J.iL v€12.. Name C /-f~/.[' TE:"l. M.I. 2. Home ~ess: Ci S~ ZiJ. Code .;2 if~ Q)~~ 77'-ACB Ct'ie... ty JEv...../ftt <'~,# ?, y.;.c-- 3. Legal Residence: City State Zip Code 2)-f' C Q)12..Az. 9....m:c Oli. u~ I:J€ACI/ ?f- .?:J'rv./ 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: ~hone: Fax: a,;.2)I.f-rf'I.s.-?" SJd- ti'n-122'l" cA17j kI (j! /'1 Xel') () '" l-..Aoc.. 4:ns. u,1-2W4193 ,Je J. CI:)n, 6. Are you a registered voter? -Vu If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: -fcx . 4&-;;hJ ;(..//7 I.!/-<!C} 1(..(01' -I (c,<?J PUhJJ'...k' <f -i/9..u..vd "", ,A ~ 8. List all City Boards on which you are currt!"ntly serving or have l'ireviously served: (p1~.~clude dates) Ie r -477 IIV 72.:..d-9r;,./C4" ~~ ~L'~'/)"~v Qu(/~ t-?ON."'Y.() I-B...h LUU<..n.; , !'-7,M!. YU'1<.b 9. Educational qua1ifications: / , /hv// 1O-c>(l<. ,/j#''U.mrl IfJ v./ ~ 9"U./?fl7v '?' ~ .dy1!a /-V f'=".~? 10. List any related professional certifications and licenses which you hold: CU.!.l7Pie:ZJ e7!- (KGV' ~ = &':-::;f~ U(n~"(; /,0 tgl &7t7.. €J;mc ~ LIQ3J../'e- /N i?:.YuhA /N" htJ. , 11. Give your present, or most recent employer, and position: fZD1z;;n; /L {JI" A;-k..?'I ~C;;-(///71$:J (jr -1'~ ~I\J . 12. Describe experiences, skills or knowledge which qualify you to serve on this hoard: (please attach a brief resume) (" I~..~ '#"0 ) '-.... I hereby certify that all the above s"'tements are true, and I agree and understand that any miss"'tement of material facts containc;q in this application may cause forfeiture upon my part of any appointment I may receive. !{ll d/; ,( /it.. r /:/ l/ 2<:U1 SIGNATIJRE DA I Note: This application will remain on file in the City Oerk'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 applicatio1f~@1lON AUG "S 2003 CITY CLERK - Christel Silver 278 E Coral Trace Cir ~ Delray Beach, FL 33445 Tel: 561-274-8153 Fax: 561-243-1390 CeU: 561-302-9773 Resume Education: High School Diploma at Sequoia High School Redwood City, California as Exchange Student from Germany in 1960 High School Diploma at Fritz Karsen Schule in Berlin Germany in 1963 9raduate from Law Academy in Berlin in 1966 Administlator of Justice from 1966-1985 working at the Court Houses in Berlin, Essen, and Essen-Borbeck, Germany Real Estate Schools in Maryland, Washington DC, and Florida Licenses: Associate Broker in Maryland #81131 since 1985 Realtor In Florida # 60690952 since 2000 Certified Residential Appraiser in Maryland # 7102 since 1991 Notary Public in Maryland from 1986 until 2001 Fair Housing: Member of the Fair Housing Committee at the Montgomery and Frederick Association of Realtors 1990-2001 Chairperson for the Fair Housing Committee in Montgomery County in 1995 Member of the Interagency Fair Housing Coordinating Group 1995-1997 Washington DC HUD Task. Force member for Fair Housing Voter status: I am a resident alien in the process of applying for my Naturalization looking forward of becoming a registered voter. Membership: Greater Delray Beach Chamber of Commerce German American Chamber of Commerce International Business Council of Palm Beach County Association of Realtors Membership Committee of Certified Residential Specialist (Chairperson of the Florida Chapter) r2hlk(LiL ilJ7&o 3 Christel Silver Date TO: MAYOR AND OTY OOMMISSIONERS FROM OTYMANAGER~ I SUBJECf: AGENDA ITEM # <<\ \-\ REGULAR MEETING OF NOVEMBER 4. 2003 APPOINTMENT TO 1HE HISTORIC PRESERVATION BOARD DATE: ocrOBER 31,2003 Gloria Elliott submitted her resignation from the Historic Preservation Board creating a vacancy for an unexpired term ending August 31, 2005. To qualify for appointment, a person shall be a resident of, own property, own a business or be an officer, director or manager of a business located within the Gty. In addition, and providing there are applicants, the Gty Commission shall appoint professional members from the fields of architecture, landscape architecture, history, architectural history, licensed contractor familiar with restoration, planning, archaeology, or other historic preservation related fields such as design, urban planning, American studies, American civilization or cultural geography. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following applicants would like to be considered for appointment. (See Exhibit" A") A check for code violations and! or municipal liens was conducted. None were found with the exception of Jeanette Dobson. Please see attached. Voters' registration verification was completed and all are registered with the exception of Michelle Reich. Based on the rotation system, the appointment will be made by Mayor Perlman (Seat # 5). Reconunend appointment of one (1) member to the Historic Preservation Board for an unexpired term ending August 31, 2005. ---. ----~ HISTORIC PRESERVATION BOARD APPLICANTS EXHIBIT" A" The following individuals have submitted applications for consideration: Jose Aguila Shane Ames Ron Brito (currently serving on Board of Construction Appeals) Jeannette Dobson Joe Farkas Geny Franciosa Philip Friedman Sigurdur Hardester Ilene Haym Linda Lake Teny Lessard Pearl Bunny Markfield Elrod Dale Miller JoAnn Peart Michelle Reich Jeffrey Silberstein Michael Sneiderman Andrea St. James Ronald Sullivan MR450I04 City of Delray Beach Florida 10/15/03 Invoice Inquiry 13:02:36 Customer ID . : 9113 Name: DOBSON, DONNIE Last statement : 9/30/03 Addr: C/O PARKER'S KITCHEN Last invoice . . : 9/27/01 700 WEST ATLANTIC AVENUE Current balance : 1,698.07 DELRAY BEACH, FL 33444 Pending . . . : .00 Status: A ACTIVE Charge code . . . : MISC Transaction date . : 9/27/01 Invoice number : 20464 Quantity . . . . : 1. 00 Invoice date . . : 9/27/01 Original amount . : 1,698.07 Amount unpaid . . : 1,698.07 Statement date . : 9/30/01 Aging control . . . : 365 OVER 365 G/L Project # : Posting priority : 50 Reference number . : Original billing date : 0/00/00 Description , . : MISCELLANEOUS BILLINGS Comment . . . : POLICE DEPT OVERTIME Invoice this charge . : Y , F3=Exit F5=Misc information F12=Cancel F15=Charge!payment ~elatioriship MR411I01 City of Delray Beach Florida 10/;15/03 Customer Charge Misc Information Inquiry 13 :'02: 50 Customer ID . . . . . : 9113 DOBSON, DONNIE Charge code . . . . . . . . . . . . : MISC MISCELLANEOUS BILLINGS Keep misc charge info after printing : Y Y:Yes, N:No Seq# Miscellaneous charge infor.mation 1. 00 FOR OFFICERS REQUIRED TO ESCORT THE BUDIS CHICKEN 2.00 BUILDING THAT WAS MOVED TO A NEW LOCATION F3=Exit F12=previous -------_-.__.._--~~_._--- -.' ,.. -- ----..".--.-- ------....-.---....---........-..-----.-----. -~._~..._..~---~."--_._._'- ~ R,( R"'0..__ _.___.m___.._____.__w..__.___________.._ ..--- --- ._...._____.__.......____.____.n____.... _ __ -~.----.----"'.-.-I-.----.---.- ..___ _",_ ______..___n______-.....____..._._____.___ ----- "- ---.---..-----..... _..~ --...-- -- - - - --- -~--- -.-----..-----------.------..-....---.- - ----......------- -...--------- "--..-----.---....----.--.__._...__.W__.__..______.M.__._____.._.....-----._ .. _ _ _._ _ ___..._m.._ - -- - ------- . - - __.__________n__-...________m_ ..--(?.lffl~;:~~~~~-- -... =--- ..~.... - 7ill.Y/!;,~/'~k~\j2-~--- __.-..~n-...-.".z;w;;;--~......-..-.--.--.....,-.-...---ll-....iZ.....-.......;&-....-.......... .........-~._----..~-=="=.- --.-----. ........... ......-....... .... ........ .. ~ ~-,,- ----.--'-----...--~~--.---=:-.,- . 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RECElVC-o -.- ---- SEP ? 32003 -.,,- CITY CLERK ------..-------.,,- -- - - ~..,,- ... - ---....-.-.-----.-...........---......--.- - - - FROI'! : ROBERT G. CLRR1E PART]ERSH1P PHOIlE IlO. : 561 2-13 818-1 Jun. 17 201J2 0-2:35PfoI P2 OS;)' .'ll~ ll()~ 14: 11 F.u ~61 H~ '~7 4 nn' Cl.ERF. '- ~on~__ I Pt'''''' ".....::-h 6-17-4 'ffj~ CITY OF DELRAY BEACH Arch; led BOARD MEMBER APPLICATION 1993 2001 iDfOmlatioC: A~uiLA Name -30Ss. Mot N. ? Hnm~ ,t,tl-l",... eIcy . ~tatc 8cO S.W. f;~,,>, C Oc.> 1t'T go yJ'To.J ~'''. ~(. 3. Lcglll R..idence: .5 city Sill'. S4"" e. oJ. Princip.l :Busine.. Ad=-; City State Zip Cod. \'34 ,.J.E.. \ ~ "".re. 'D ELAA",\ BE-A'-'" Fl. '3~<T'K S. Home Phone: .lluainc.. Phoo", B- oil Addnoo: Cell Phone: 1':0,,: "l~" 2>5<1.4- '2.1<, 4,,\&;\ €C)~"E"'LC. ~r'42;1o Z4~.i'Ill'1" 6. .Arc YOw a rcgist=cl Vot""? e<:. : If 80. ...huc 8lC you regine cd? 7.. What ElondW a:c )'IlU intnr...d in ...:vms? Pl.... Ii...in oed.. .r pHf.....~, "P.>D An. t> (eo.,) S +cv c...\-\ '" / of "',f A fP<.,.,\ ... 1-1Pr.?> : -1PJ< iC LiB,.n Ci'l' Booanh "" v.in"" )'<>U u. "",""oil" ,UTir.& or hlVt prcvioush' Smtt<i Ow . ..::. ,\ _ ..,;.. . e.J.~ "r"..,.....I~. ...... ".A.~k~c 10. ~4L ""J .d...;~...1 r.Lvle,,:s.Ivu:.d C:'IrdAcflclOfJf dO .ue~'iU~ .. : < 11. Give your pr...en.. Ct mo.. recent employer. and ))OSition: <.>4.Q.:e. "(L.h.3e. e.....\,.;,~ i' - f'A<:L\-.....e;:a.. 11 :Describe ._peden":,,. akilh 0< kn""'l~h qualify )'<>U Ie ....... 01> ~ "'9Irll; (plg~~ ....co . brief 'C.uOlt) \JOe... , M.d,.,,:..l..:... ~ <-....~__ ~,.;. a \q, c... 1 rrril\' rrrif:v flot" .n mt 11"'IU. )11.11l1li1111_ ... _.... II' '....... UlJ _.J ~&J U_.. _, __:-..:-._...u. ..,1 u.~,C ,1.,,1-,." eon....... ., Al'pliU';"" may ca.... {<>rEei..... "P"" my P"'" o{on~ appoinlr.>ent I may...._e. {a (.u.\ 0 'l.--- I DATE No,": -Pi' '40at!on Wiil t......... on tile in th~ <;ity Qia'J Offj~t. for a r,ninll nf ~r," fmm rhr Ih,e ir "",e IiI.lt.ll.;JL~O;:Q. h will beth.e t.,.,,1I.t-Mt.I .fC.'p6A11b.Wly lv '=U~t.U'~ tb&J: a CUttet1t "p cadon lJi on file. r I:IC'm'Cl.lJU,.'\IlOoU.D\"'''''''C'.ATIOl'I - -- - ~.,..__.".._._.,. - ~---'_..'-_. ----- --.---- - \- JOSE N. AGUILA, A.I.A., NCARB AR 0015349 Home Office 800 SW First Court 134 NE 1st Avenue Boynton Beach, Florida 33426 Delray Beach, Florida 33444 (561) 737-8894 (561) 276-4951 QUAUFICA TlONS Registered architect with over twenty years of architectural and construction related experience ranging from residential to large scale commercial and governmental projects, with proven abilities in production, project management and construction administration in both public and private sector. EDUCATION Bachelor of Architecture Florida A&M University, 1988 Bachelor of Science In Architectural Studies Florida A&M University, 1981 CERTlFICA TlONS Florida Registered Architect MEMBERSHIPS Member American Institute of Architects ( National Council of Architectural Registration Boards WORK June '99 - Present, Project Manager/Architect, Robert G. Currie EXPERlENCE Partnership, Inc. March '98 - June '99, Senior Construction Manager, O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construction Manager/Architect, City of Delray Beach. . March '83 - September '93 Currie Schneider Associates AlA, PA. Delray Beach, Florida. Associate, Project Manager. PAST BOARD Boynton Beach Building Board of Adjustment and Appeals MEMBERSHIP Boynton Beach Planning and Zoning Board Boynton Beach Downtown Review Board Boynton Beach City CommissionerNice Mayor Boynton Beach Community Redevelopment Agency Palm Beach County Municipal League Treasure Coast Regional Planning Council \ Boynton Beach Planning and Development Board lJb/1.:iI:':lJl::J.:i 1';;:"::': ":/04b...04';1 AMIo~ ltt.~I"r I PAI;e: e~ 06/13/03 FRI 12:56 FA! 561 243 3774 CITY CUlRlt ~OO% - ~_/~-cb ~ lJrei; kef- '11m CITY Of DELRAY BEACH BOARD ""EMBER APPLICATION 1993 2001 lI1Cozmado.ll: Name 5 tf, J.U~ M.l - 2. Home Adclre..: Ci<y Slate ~Cocl BOC IV. OceJ13"'; S' :De'"<::p..q 4'7' ,cvr ' -...'7'f8-:< -../..:> ..;.> 3. Legal Residence: City SlUe Zip Code ~"'(i;- "'tJo v{;" 4. PJindpal Busiaess Address, City Slate Zip Code 2-P::> 0 ~ L..- DelI2A ~?/f TV! 33~W' 5. Home Phone: Bllsineas Phone: E-Mail Admu: CcU Pho= Pu: ;.q;.,t6t:ls-~ S61-7PZ- Go 'I 1" -27't'-&'f'l-1 e3 If 10, ....here 1# yoll ~?;4 . gr c: 7. What Board(o) ... you iDrete.ted m set>ing? PJe.ue list in order olprc:taa.ec / .:; TWC-. -v 8. 9. - 11. Give your present, or most recent rA?e:>-:--T= c:::.c.O .- 12- a:iI>e expcsIenea, . << knowledge wIIIeh cpIifr JOll'" _ .... dlla I>oom: C,PJcuc .nKh . ',,:ief 1CIllItlC) .'/yo' ;rg...- /'...?:?- ~. /f-Ze:> .;; J "_by certify thot all tho . &1IIl_ecu _ true, &1ld J ......1.DlI tIlldelllalld dw rI1J.y ~ _taiaI &eta :appliao may' CllWIorom;""" IlpOD my pan of..., appoitllaDern J -Z.... .6//3 ~3 . IMlE I Note: This .ppllcauon ~ remain on liIe in'the City acrk'l Oflice for. palO<! of2 yan from the date it,... It;Ibmitted. It 1WI be die applicant'l lapolllibilily 10 CIIJ\lIC that. CImalt lIf'Plialtion is an file. . ~ECEIVED ~.. --.......--- JUN 1 3 2003 OlTY CLERK ----- . . ~~~~.!7~Umd A~g~~ ~~ !!/J,,/..9'~ ~ /~!!Z~ c WE WELCOME YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL Shane Ames, multi-talented, creative and.a Florida licensed Designer and Architect, formed Ames Design International in 1985 with his business partner, Maria Dechantsreiter. The firm has enjoyed tremendous success ever since, contributing approximately a hilh'on dollars to the industry via the constroction of luxurious, single family homes. We were involved in the documented renovation of a historic house located in the PROFESSIONAL HISTORIC PARK DISTRIGr, Del-Ida Park in Delray Beach, Florida. This gem became the home of our new offices in December 1996. Once completed, it was included in the Delray Beach Historic Society Homes tour. Shane Ames specializes in very high-end custom designed residences.. His work has been featured in most of the leading archil:ect11r.ll magazines such as FLORIDA ARCHITECIURE. UNIQUE HOMEs and PROFESSIONAL BUTT nER, just to name a few. One of the models he designed, "THE WFSI'BAY," won five awards at the coveted "Pinnacle Award for 1990" ceremony at the Crocker Center in Boca Raton for BEST' ARCHITECTURE, BFSr MODEL, BFSr INTERIOR DESIGN and BFSr LANDSCAPING. Shane's work for Interior Merchandising won the PRISM GOLD AWARD in 1995 for the midrise, "La Sanctuaire." We are proud that the popular national magazine, FLORIDA DESIGN. has given us recognition via an Wlprecedented 20-page coverage on two of our unique single family residences in the Boca Raton area in their Winter 1995 issue (Vol. 5, No.3), a feature in their Summer 1997 issue (Vol. 7, No.2). We were featured again in the Winter 2000 issue (Vol. 10, No.4), and recendy in the Spring 2001 issue, giving us special prominence via an 18-page article publicizing two of our homes. Shane and his handpicked staff serve an international clientele who demand the best in dramatic and sophisticated house design. Shane's impact upon the architectural beauty of South Florida is evidenced by the several thousand residential designs in all the leading and prestigious Yacht, Golf and Tennis COWltry Club Communities, as well as Oceanfront and Intracoastal areas. ..?t7J ~..m.1J~ ~1J~ Y~JJ~~~ g>-f. .56'~-..?7~-6'4~~ AAC001720 . y""," .56'~-..?7~-6'~~.9 , -2- Shane designed the original Sales Center in the luxurious St. Andrews CountIy Club, and continued with creating some of the most duplicated and sought- after models named "ARLINGTON" "HAMILTON," later renamed. "OAKBROOK," , "MANCHESTER," "BARRINGTON," and "MANSFIELD." Shane designed about every fourth residence in the St. Andrews CountIy Club. We 'take you from your initial consultation through to the production of architectural plans, detailed interior drawings to securing the highest quality builder best suited to construct your home. Weare committed to providing personal attention to all phases. WE WELCOME YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL . , -. . . ..A~~~g~w~ A~tJi0e.~ 3(1~~g~~/~!!p~ SilANE'S 1l0M'ES GRACE COMMUNI71'ES SUC1l AS: IN FLORIDA SANCTUARY, BOCA RATON . SUN & SURF CLUB, BOCA RATON ST. ANDREWS COUNTRY CLUB, BOCA RATON BOCA BATH & TENNIS CLUB, BOCA RATON WOODFIELD COUNTRY CLUB, BOCA RATON WOODFIELD HUNT CLUB, BOCA RATON THE SEASONS;-BOCA RATON BOCA RATON POLO CLUB, BOCA RATON BOCA GROVE PLANTAnON, BOCA RATON BONIELLO'S ACRES, BOCA RATON LES JARDIN, BOCA RATON LONG LAKE ESTATES, BOCA RATON . LE LAC, BOCA RATON BOCAIRE COUNTRY CLUB, BOCA RATON OLD FLORESTA, BOCA RATON BOCA MARINA, BOCA RATON HORSESHOE ACRES, BOCA RATON ENCANTADA, BOCA RATON FOX LANDING, BOCA RATON ROYAL PALM YACHT & COUNTRY CLUB, BOCA RATON STONEBRIDGE COUNTRY CLUB, BOCA RATON EAGLE TRACE,CORAL SPRINGS THE HAMLET, DAVIE ..?af~..r..;,1'J~ ~1'J~ .9'~.J.J444 1 f7){. .f"6'/-..?74-6'444 AACOO1720 .9'<=. .f"6'/-..?74-6"44.? STONEBROOK ESTATES, DAYlE SUNSHINE RANCHES, DAYlE FOX CHASE, DEWY BEACH. LAS PALMAS, DEWY BEACH MIZNER COUNTRY CLUB MIZNER'S PRESERVE, DEWY BEACH DEWY DUNES, DEWY BEACH DEWY OCEAN ESTATES DEWY GOLF' COUNTRY CLUB, DEWY BEACH DELRAY ESTATES, DEWY BEACH STONE CREEK RANCH, DEWY BEACH SEAGATE, DEWY BEACH THE HAMLET, DEWY BEACH TROPIC ISLE, DEWY BEACH ADDISON RESERVE, DEWY BEACH BARCELONA ISLES, FORT LAUDERDALE CORAL ISLES, FORT LAUDERDALE DAWSON'S POINT, FORT LAUDERDALE NURMI ISLES, FORT LAUDERDALE ISLES OF PALM, FORT LAUDERDALE SUNRISE KEY, FORT LAUDERDALE EXOTIC ESTATES, FORT LAUDERDALE GREY OW GULF STREAM . HARBOR BEACH, FLORIDA . . "HIGHLAND BEACH ROYAL COVE AT BOCA HIGHLANDS, HIGHLAND BEACH HOLLYWOOD OCEAN WALK, HOLLYWOOD BEACH HYPOLUXOISLAND BAWN ISLES, JUPITER 2 - - -,". --. ---. - - ,----_._-_.----~--_.- JUPITER INLET BAY, JUPITER ANGELFISH CAY, KEY WGO LANTANA UGHTHOUSE POINT 'MANALAPAN GOLDEN BEACH, MIAMI PINECREST, MIAMI GABLES, NAPLES . QUAIL WEST, NAPLES QUAIL CREEK, NAPLES ROSEMEAD AT WlNDEMERE ESTATES, NAPLES WINDSONG HARBOR, NORTH MIAMI BEACH HIDDEN KEY, NORTH PALM BEACH OCEAN RIDGE DUNES OF OCEAN RIDGE, OCEAN RIDGE PALM BEACH HARBOR ISLES, PALM BEACH PALM BEACH POLO CLUB, PALM BEACH CASA DE MARBELlA, PALM BEACH GARDENS J.D.M. COMMUNln, PALM BEACH GARDENS FRENCHMAN'S CREEK, PALM BEACH GARDENS . MIRASOL, PALM BEACH GARDENS . SAN MICHELE, PALM BEACH GARDENS CYPRESS HEAD, PARKLAND IN THE PINES, PARKlAND PINOREE ESTATES,PARKlAND BEL AIRE AT GRAND PALMS, PEMBROKE PINES SUNSHINE ACRES, PWTATION .lONGBOAT KEY, SORASOTA LAUREL OAK, SARASOTA PRESTARCIA, SARASOTA 3 ---_.._~_.~--,..'.-_.. .-.-. '.- ,','---_., "'"----.-.,--..-----.--.--------------- PEBBLE BEACH, SARASOTA SINGER ISLAND WILLOUGHBY COUNnRY CLUB, STUART STILWELL ISLES PROSPECT PARK, TEQUESTA EQUESTRIAN CLUB, WEWNGTON WELUNGTON BREAKERS WEST, WEST PALM BEACH EGRET LAKES, WEST PALM BEACH WESTON HILlS COUNTRY CLUB, WESTON . 4 -"".,~..;''''' _~ ---. -~ "1"- .~ ~ .. '''''-~.,-,"--'--.--.o..~,~_.,..~~.~~,~,-,-~ . OTHER STATES THROVGHOl/TTHE V.SA. lAHONTAN, CAUFORNIA ASPEN,COLORADO BEAVERCREEK,COLORADO DENVER,COLORADO CHICAGO, IWNOIS L'ESPRIT, lA GRANGE, KENTUCKY . WARDS POINT WEST, NORTH CAROLINA MARION, OHIO BATAVIA, OHIO CITY OF WEWAY, TEXAS VIRGINIA BEACH, VIRGINIA ." s -- ------ ----. -. -.-.--..---...---...- . INTERNA nONAL LOCA nONS. . " Q" FREEPORT, BAHAMAS NASSAU, BAHAMAS LYFORD CAY, NEW PROVIDENCE, BAHAMAS . OCEAN CLUB ESTATES, PARADISE ISLAND, GRAND BAHAMAS ST. JOHN, U.S. VIRGIN ISLANDS " ST. THOMAS, U.S. VIRGIN ISLANDS CURACAU, NETHERLAND ANTIU.ES ST. MAARTEN, NETHERLAND ANTILLES WOODBRIDGE, ONTARIO, CANADA QUEENSTOWN, "NEW ZEALAND LUGANO, SWITZERLAND MONACO, PRlNCIPAUTY OF MONACO 6 - . . ~~~~g~m~ .A~ tJ!0~ ~~~9r4~/~ffZ~ , COMMERCIAL PROJECTS IN FLORIDA Health Spa & Massage Center, Boca Raton A: State-Of-the-Art Dental Office Facility, Boca Raton A State-Of -the-Art Veterinary Oinic, Boca Raton A 34-wlit Townhouse Complex in Deerfield Beach 100 Quadraplex Units in Boca Raton Affordable Conununalliving Facilities possibly located on Disney World Property in Orlando Award winning "Casa La. Brisa" S-unit Omrtyard Town Villas with individual pools in DeIray Beach (off. Atlantic Avenue) "Seagate," a 14-unit Town Villa Complex in Delray Beach 12-5tory Townhouse Condominiwn Complex in Highland Beach 10-wlit, Five'-Star Condominiwn, Via Marina Cowtyard Townhouses, with docks on the Intracoastal Waterway in Delray Beach Another award winningMulti-Fami!y Bennuda S~e Courtyard Townhouses, "St. George's Landing" in DeIray Beach "Place Des Arts," a 5-story luxwy Condominiwn on Hendricks Isle, Fort Lauderdale Two Video Warehouse Concept Stores in DeIray Beach and West Palm Beach Three "HaircolorXpress" Beauty and Hair Salons in l..ighthouse Point, Margat.e and Coral Springs The Amadeus Gourmet Bistro, Pompano Beach Thscan Wine & Pasta Shoppe, Pompano Beach ..?tJ'J.@AiU1J~ ~1J~ .97~JJ444 1 g){. .5"6'7'-..?74-t7444 MC001720 .97<=. .5"6'7'-..?74-6'44.9 . . Two wtiquely designed Card Shops, one in Wind Song Harbor, North Miami Beach and the other in Ocean Walk, Hollywood Beach A S-story Luxury High-Rise named "'The Renaissance at The Oceans Edge" in Delray Beach 0 ArchitectnraI Design for many of the "Aragon" Luxury Condominiums in Boca Raton ArchitectnraI Design of a two-story 4-wtit Penthouse at the "Toscana" Luxury Condominium in the Sky, HighlandBea.ch Luxury 2, 3 and 4-story Townhouse Complex Resort, plus custom single family homes in "Gardens at Highland Beach," Highland Beach , Flevations and Floor Plan Redesign and Renovation of "'The F8tuary" Luxury Townhouses on the Intracoastal WatelWay in Delray Beach Renovating and Redesigning an existing Office Building in the heart of Downtown Delray Beach into Luxury Mini-Apartments. Renovation Design for the Sheraton Four Points Hotel in Pompano Beach Design ofFlevations and Floor Layouts for the Hampton Inns Hotel Chain State-Of-the-Art "Pearle Vision" Eye Center in Boca Raton, #1 in the nationwide chain A family oriented total Resort Hotel with a Dinner Theatre and Shops designed with conversion to Casino in mind, Orlando Area Renovation of the "Helen Wilkes Hotel" in West Palm Beach . 2 --_._----~-_.--- ---_..._-~~-- . ..- --'.- . .-.. . . - COMMERCIAL PROJECTS - NATIONAL & INTERNATIONAL Bahamian Resort in the Bahamas Unique Bed & Breakfast Concept Resort to be marketed nationwide . 3 Ju'n 17 02 09:34a Enterprise Contractors (561)279-0335 p.2 06/1 4/02 FRI 12:13 FAX 561 243 3774 CITY CLERK ~002 DURAY _EACH . 6--t1-~i ' . . . . . .. Itab::JI ConfM ( Y iillr CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 - PI~se or riIItlhe foDow' iafomllU;O": I. wtN_e: Bri+D Name Ronald M.I. - 2. Home Address: City rrto" Bea.cA StafL-- 1'1 e> se. 2.7--1-1" A lien lie.- 3. legal Residence: City State Set me. 4. Prillcipalll\lSiness Address: . City State Zip Code Z.sSq. WeJabAIle--:/f-2 Delro..'f Be&(, c.l'- rt:..- 33SLt,t \ 5. HOlDe Phone: Ilusiness Phone: E-Mail Address: CdJ Phone: Fax: ~I) 7311. 8828 / UQ-03/1 eel woRK@ QDf.co (y"1)W/- /1"'7 (5IPDZ'Jq.tJ~3~ 6. Are you a registered voter? y, If so. where are you registered? R Be. GJ" ~ FlA. e:::. '1>1 >:tch " 7. Wh.. Board(.) are you interested in r.erving? Pleas. ~t in ord.r o.{;,r.ferenc.: I) PlanYl! an -aonln '2- 6 e. Ian l:' Ie aqd rant;e... 3) tJiS70rl Co P("~se r v",.J.,'IY\ 8. list aU Cit), Bouds OIl which I'OU are currently scn'inf or have previously s_.eI, (PI.... includ. dat..)' n rVG.b'"" r "d /q.. ZOOo o-z-. 9. Educational quali/icatioos: ,/ U';:.'-'Z 2. 0/3 11. Give )'our present, or IDost recent emplO)'er, and positioD: C: '-.J c.. 12. Oesaibe apctien.es. U:iIk or knowledge wbieb '1.w;fy you to serve ad thQ boord: (l>Jease .ttacb a bOd resum.) U AJ I - - A-'t' TL~j-:. N -s.-e>...-,Ca..€ 0 - t=6 - DGJr..4i... /:"'7r t.1 .) 1 hereby certify th., aU the abov. natemc:Du lie tIlIe, and I agree and undentaod that any misstatement of maloti contained in tbU application maz". {on.;..... upon my part of any appoinanent 1 .....y receive. ~ ~~ ~ -17-tPi?- SIGNA TOIlE DA~ Nor.: This .pplication wiIJ remain on file in the City Clerk'. Offi.e Cor a peziod of2 years Crom the date it was submitted It will be the "ppliant's responsibility to eosure that a cwrct1t applic.tion;. 00 61.. l\CITYa.JIUC\IOUD\AJlPLICA'nON - RECEIVED JUN 1;7 2002 Cl!Y..CJ.EBK ; RON BRITO 198 S.E. 27TH AVENUE BOYNTON BEACH, FLA. 33435 RONJ020(a)AOL.COM PERSONAL RESUME WORK HISTORY: 1965 -1979 14 years as aframing and finish carpenter in Riverside, San Bernardino, and Laguna Beach, California. Production framing on several multi- family complexes, housing tracts encompassing slab layout, framing, joisting, trussing, fascia, siding, setting doors, windows, cutting rafters & stairs etc. Eventually started high quality custom finish work. 7 years as carpenter, 2 years as Leadman, 5 years as Foreman on new residential and commercial projects, as well as some renovation and remodeling. 1979-1983 Obtained Building Contractor License / B-388997 Calif. (currently in- active status) still valid thru 4-30-00 Spent 5 years sub-contracting and runningframing, siding, trussing, floor joisting, stair fabrication and installation on multi-family complexes from large contractors. During this time I contracted new single family homes, additions, remodeling, commercial roofs, and commercial tenant improvements. 1983 -1985 Job superintendent on custom housing in the Nashville, Tennessee area for 1 year. Sub-contracting framing, trussing, siding jobs for the next two years. 1986 -1989 Obtained General Contractor License / CGC-047369 / FLORIDA (Active) Worked at "The Township" as punch outforemanfor 1 year. Workedfor David Jones Const. at Gleneagles, Polo Club as Lead Carpenter. Foreman for 1 year on 32 eight-plex wood frame multi-family duplexes. Constructed custom housing from Manalapan to St. Andrews, Boca Raton. Received General Contractor's License in February 1989. . 1989-1991 LICENSED GENERAL CONTRACTOR / V.s. V.I. 2-01392-91 Went to SL Croix, V.S. V.I. after Hurricane Hugo for 5 days to bring supplies and help restore power and water to units of condos for a friend. Agreed to come back to restore 2 houses. Acquired General Contractors License in the V.s. V.I. in February 1990. Restored 14 residences, 2 commercial buildings and 6 rental units. Also completed renovations in St Th01lUlS and St John on custom homes. Returned to Florida July 2, 1991 and began new additions and remodeling projects. After Hurricane Andrew, opened a field offICe in Miami for restoration work. My Miami office completed 16 residential restorations and about 44 roofmg projects. 1992-1993 Was asked to take over operations of Fulkav Construction and to qualify the company. Although thorough research into Falkav prevented me from qualifying the company, I did bring the Delray Tennis Center to substantial completion in time for the Virginia Slims Tournament. Falkav Construction was at that time under contract with the City of Delray Beach for the Tennis Center (2.5 million-dollar contract) and was also engaged in 6 school projects for school districts from Palm Beach County to Dade County. Falkav Construction went into bankruptcy and was dissolved. Currently, my company, Enterprise Contractors Inc. is located at 2210 N. Federal Hwy. Delray Beach. I do Custom Homes, Historical Renovations, and Commercial Projects. I do my own estimating, contract negotiations, and am computer literate and familiar with severul different estimating and accounting programs. I also run most of my own projects. I am a 30- year carpenter, experienced in material take-offs for jobs, flow chart and scheduling for jobs with deadlines and fast track completion. Familiar with AlA contracts & draw requests. I tun used to hard work and long hours. I remain teachable with an open mind. I believe that a good leader has to first be a good foUower. PERSONAL HISTORY I tun 52 years old, marrkd, with four children. I'm a high school graduate with 1 years junior colkge in business management. 1 have 30 ., l years of construction experience. I hold three different Contractor's Licenses: Florida, the V.s. V'ugin Islllnds find California. I am currently applying for a State of Tennessee General Contractor's License. I am an active member of my church (SDA) where I am a Sabbath (Bible Study) teacher for an adult class. I am also on the Church Building and Nominating Committee IlIUl a Deacon. J am a 13-yeJl1' member of A. A. and active on several committees within (2 yr. Former board member of Crossroads Club). I am the Chairman of the Construction Board of Appeals for the City of Delray Beach. Two years on Brentwood Hills Home Owner's Architectural Committee. J own a /WUU in Boynton Beach where my family and I have lived for the last 14 years. I also own property in White House, Tennessee and De/ray Beach, Florida. Tennis, surfmg, and jogging are my favorite pastima. FRCl1 : DOBSO FAX NO. : 5616371675 5ep. 29 2003 12: 08PI'1 P2 P~L~\8E"'~1-! C;-529-t2.5 ~ CITY OF DELRAY BEACH A1 r6c:... , II t BOARD MEMBER APPLICATION 1993 2001 . Plea.~,,~ pdot dte fo1lDw~ofotmation: _.' 1. l,astName;' ,dh c;IoBnd 2. . Home Addn;l''' ~ ,/ of II ,,' il 'r 5"Ot?'l ~A) lUh ~.' 't: ,ye Wlm,' 3. Legal Rc.idenee: '. Cir:y State ; ~7 /lIn I-h. CfM'VlR...-- 4. Principal Business Address: ~ r:J.r::J..,,,,.! State Zip Code ~I<' LV. !rrl~1i", Al"f., J" A 334-ff" 5. 1.lome Phone: Ilusiness Phone: Pa,,; !}P1-f.,31/' 7 }1AAfff'/(/! 6J7-!~"7 6. 7 _ ~'hat Board(s) a.re you intetcsn: C K.- I1J-1/l 8. usr.all City "Boa:rds on which yt)U arc currently s.erving or have pr.eviously served: (plcast: include dates) ~ 9_ EducaaoruU ql1.alit1catio.m;: , i u...-S ~..~.._____n__.. our preseot, or most roceur employer, and position; j ./ d~{ 'W "'-' ~ DATE ~ Note: This application will temOO on file in the City Clerk'. Office for a period of 2 yca<< from the date it was ~ submitted.. It will be the applicant.'S 'tesponsibililY to (:ns~ th-aJ....a current a:2I2'Licatioll is on file. HE l..i E I V E U S\CITVCI.J::kltU!O~J>\A.f'I'L.1\;^TIOW SEP 19 2003 CITY CLERK DRRAY BEACH , , 0 . I It " . Fit)C/t'IClv:J ***** AI AmIIlcaClty " II ,! CITY OF DELRAY BEACH 11- CJ.1i"-0:3 / - BOARD MEMBER APPLICATION 1993 2001 information: Name .MI. .::To 2. City State Zip Code -rJ1' /I- .rlf' 4)~~V eJ!Hrt rz- .1Y - 3. City State Zip Code tJ t!' 4. Principal Business Address: City State Zip Code S-1>b? O~4!' Ck>ke ,,{ <-V,o, ~. ,.PA~ /}~ ~ .?..ly/7 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. lue y:ou a registered voter? 7. What Board(s) are you interested in serving? Please list in ordet of preference: :<:::.-9.; !::> -z:. Z>r' A"~ 7-r- 7YtV.cl . &': ~ ,."'.\. List all City Boards on which you are currently serving or have previously selved: (ple~se include dates) - :r /r e.!J~K. 9. Educational qualifications: to. List any related professional certifications and licenses which you hold: , . ;- 11. ~ive your present, or most recent employer, and position: b-7, ~ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) ~-t!!R..c A ~ V~ ~H""- ~ """ /? y~ ?Jr" ~ I hereby certify that all the above statements are true, an I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. /~-J7l-D 7 DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years fr~~~ submitted. It will be the applicant's responsibility to ensure that a current applicati.a . . S\CJTYCl,.ER.X\8QARD\APPUCATION NOV 29 2001 ," ",.TV ...., S:RK . 767 Nonbwest 37th Avenue .. Delray Beach, florida 33445 (407) 499-4578 I . Positive .can do. attitude . Organized and iJlDovative . ExceUent interpersopal relatioDS . Eff'ective written communication skills . Adaptable and flexible . Ability to remain calm iD stressful situations AMTRUST BANK, LOAN OFFICER, .BOCA RATON 12/1/92 to present CALIFORNIA FEDERAL SAVINGS -' LOAN 4185 to~ 11/92 -Branch Manapr. Pompano Beach (1987 to present) . MaDagement respoDSibilities include operating budget aDd staff, ellSuriDg complete alStomer satisfaction while controlling expeDSes . Create customer awareness by developiDg aDd implementing marketing programs aDd soliciting outside busiDess . Branch consistently achieves over 100% of production goals . Provide high customer service levels emphasiziDg problem resolution and staff' development . Increased deposit base from $12 million to $51 million . Received several "Branch Manager of the Month" awards -AssIstant Branch Manaaer . Boca East (1986 to 1987) · Assisted iD aU operational areas of bl'lU1ch Ulanagement _Floater. Broward and Palm Beach Coundes (1985 to 1986) · Involved iD teUer and savil1pfunctioDS for branches within Broward and Palm Beach County FIRST BANKERS . Marpte, FL -12183 to 4/85 _Read Teller . CoiltroUed daily operatioDS . Supervised staff' of 5 . Conducted staff and training meetings . Provided customer service . Minimized losses . . . . ~ UNIVERSI1i' OF TOLEDO - Toledo, Ohio ! Bachelor of Business, 1982 - ------.-- "--.....-.- __n_ _ ___ _ .____."_~__.____.._ ~---_.-- - --_._._.._--_._~ FROI'! : GER-SHlI FA." tlO. : 5612660746 Jun. H3 2003 09: 44P!'l P1 ;;::lO.:;;;-"ICE 1l:0~ F.U S61 243 3774 Cl1''i CLEI{K \Vt:uv,;" ~-/I-05" Pf.ly.y.~?! f!d-t'reol 'iW CITY OF DELRAY BEACH ~~!I.Q{'ct'f1.1.ev1l BOARD ,..EMBER APPLICATION ~tt~ Pleas. .ot . nh. foil itlfoz=don: 1. Last Name: rte.fftJ' (,ioSff- N_. 2. Hem. Addteu: 3> 8 3. Lcca1 &o;dcnc:= 4. PMcipal B"sJMu Addreu: City Scat. Zip Cod. 5. Hom. Ph~ J"slna, ho_ E- AcIcJreu: III 2ltol,oY 6. IUe yoll 2 .ellbt...d v.....? 7. W},a, Bo.rd(l) U. you mlCtC..cd . - <:...1-.. .r ~ So dy .e<Yini or h2ve pte"lowly lUO'od: (Please UldlId. 'k' 9. Edw:a<ioml 'l.,.];fications: 10. List any n:!n.d plO{.~sil>tl2l cen!11c:atlOl1s oM 1iceJ>...1I'tlich yell hol . o. ........JedF which you to Icf'\1l11: 011 kard: (PIMH ........ Ini 'fy mal all Ule st.oo. '..-ms _ -..... J.... ad IlU ma....w ma. . WI. . '..., moy .._Iwt.J._ "1'0" my pan or my appoift p 'QUon,.,J]] .cm&ift DSII 61. iD dtc: 01)' Qer!c's Oflicc 'nai. It will b. the appliClllt'. responsibility 110 aII_ RECEIVED JUN 11 2003 OITY OLERK P~LIIo4':B~P1 8f'Q / hr / f:qctnc 'iiil! ,j ~ -:.fCJ-c;.6-- CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 information: 1. M.I. 2 rtq 1){2.l..JE' State { 3. Legal Res,fl;: State ~oue..... 4. Principal Business Address: City State Zip Code E-Mail Address: Cell Phone: Fax: (;). z,P-P ~~ 7. 8. currently serving or have previously served: (please include dates) NO /lJe. 9. :t~n.N ~ 10. List any related professional certifications and licenses which you hold: DfI)f.^-~I":; (material (acts Note: This application will remain on file in the City Oork's Office for ~nl~ from the date it was submitted. It will be the applicant's responsibility to ensure tM . on is on file. l'CITYaax~TION MAY 30 2003 CITY CLERK . -p", \ \\.(' \-h., ecl^",~ C7 ~o AI \4M19J'1~ ""t>(4~ ( ~a.:ry ~ ~\ ~&'{r3 .s: (p I - Q). 7 (p - ~.:;).~ 7 S\.o.cq,.~cro ~. A. l~ -1;C.CU~h\IC.~ - ~~~ )\~) .. N~ ~~Ct~ 1'1" ~ ~\~.J1.. <8k<U\.? ~ 00/ '(\'jCA.- I N~o~ " c, '\s- tqr;s- JI\J cott.-k e~,et\lce.. It:; (,s- 1~6"iS u"'N'l)N ~~c.,~"..hoN ~l)\e. TfT-~ ~~\.S+ ( ICZ6:,~-/97r- Leueft- ~~~~ - g~ . TA-)( ~~\t:;11'~+- 1'77,),,- 10,'715 l~ u.",l"en~~r ~/S.j~UtV\II~I+;Lx. (' N~~~I (fl~ . 1ft". \ l~,-/ I ('i~S-!'7'ib ^l~/9n.k^>-~~~\a~- -Q. .J, \ ~ tA> ft..-- c -k1 "'^~ - iJJ..ors ~(\A~~ S-'(~""9~l {Jr. \~&i>,N~(~~ ~~k. ~efr\ eo~ I <A.~7v-.e..s.J ~ ~O:>\.I\J co\l~~O . - . - (f-II-a5' DElRAVlEACH . . . . , . .. triM CITY OFDELRAY BEACH mjr. BOARD MEMBER APPLICATION 1993 2001 information: 1. NameSl S-i6- M.l. A c:t<... /&ure.buYL 2. Ci~ l3,l?.....c. t+ State Zip Code_ "l)E-Lf .... FL 'l~ 3. City State Zip Code . City State Zip Code (A-Tl>fo.I FL 334~1 Cell Phone: . Fax; 7. "t'S 8- 9. Educational qualifications: 10. list any related prof~o';vu.dcertifications and licenses which younoid: - 12. Describe experiences, skills 0< knowledge which qualify you to serve on this board: (Please attach a brief resume) :t 6fl.1~(' e>IIt ) ,,( 'BII~IIV<<S '> L~~SH.i,. ,."."t:> MG"'T. S"l:::Il..L~ FlU",,- f11 I<J WI ei'/U) "I- ~ Aivt:> S';l!'ktl'''f. FULl...- fl.eSlMJe. (j ~tJ f( ~.-j;- I hereby certify that all the above statements are true, ADd I.agree and understand that any misstatement of rn.tPri.I facts .contained in this .applicari may cause fotfeitureupon my part of .any .appointment I may receive. . -.. .~. .... .-. . .....S?'/~,.O..:l... SI DATE Note: This application will remain on file in the City Oerk'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 api!t~e ~11ON AUG 1 4 2003 CITY CLERK , Jul-31-03 01: 13P haym 561-881-1404 P_02 DallA'" BfACH . , . . . -- .. .. . .. ... ... """'-111- lifCITY OF DELRA Y BEACH 41> BOARD MEMBER APPLICATION 1993 2001 l>le.s<:.!.l'~ <;>' I!!i!!~ .~h~ followin informarion: 1. bst Nome:j-t' A, I rv"\ Namc -r- I M. I. .,....., ".1 J. '.,..'nC': z. HVl11e AJJrcss:. ' rv :11) City 11. ':'1 ~t) " . I s"IiOL ?.iE,(.~.d~ .,.. "'-' _:'__'0 ___ .-y..!.{;t,;,(>;"tJel-l r-- ~> 'Y-/5'3 -'. l.egal RaMe",:e: City Srare Zip C("le 4. Prin<;pal Busine," Addr~s" City S"'t~ Zip Cu,k .., Nfl J\-et,,-ec1 5. Home Phone: Bu!<incss Phone: I! Mail Address: Cell Phvne: Fax: ' '),:.- i <\.:,(.., .'/'1 'S-- . ,ii" ,,:l i~4i J"'Jl.~ 5(;1 "?7("'&)u.':;-C! -.,~U.:,- ''I 7 f.:, .....--- (I, Are \'OU :II TeRislerea.l YOlet? .. " If so,... where arc y 'tt~tered? ( i: C. I v' c,. 1../(.-" (.,;, c- . __. ,"' j !;, .,. .. ':i 1..(' 'f I --:i'1 "!.. 7 '.~ \\'hal UoOlrdls) ate yoU interested in !ervi~g? P~L~ li51 in onier 01 p~eTe11';'~:,oJ? .' ~ . I F} r .;':1 .. '" 'Y~"''''~ ) .:))t,!"!O,-" ~ l ~ ~ .. ,'I . , "" //" -. '. - _ J,r tH.'...J -~ "'(}...'e)-o"C':C.- ir,,).l. r'~ .;er '~L (~'}I 1~'}I..jh:J. ~---~..- Ij, U!'t all Lity lJoard!ll on which you_uc- currently sc(Vi~ de bave prc\"iowJ)" !oCcvcd: (Plc1.'C includcJa[C~) /')l:e " ',' ~, . . ....., ~~'~'~C,\~4-'~LL~-:-re-t:'.s. CJ..err'j J~ tJ FYee (~, ~J:;'.L IT,,~;~;u n'S~"q:;~'~~>~';o- ~~-- 9. Educjltional qUi.l)Hlcations: . J oJ II:-, JCr -J"l ,h'" 'I.,vf- D "1' /\.";I.- f?v... /"rlL~ /{j' j-----.,- .--.J._ I" v..:~-1.'7.....,':':'".. .~.',,=".:_",._ J~'"J:..."C .. -~- 10. Lisr .ny n.:hu.cd pruf&.:~'\it)naJ ccnific.anons a Jjcl:ns(.~ which yuu hold: ... .fl:l,;,'I~(I.",',,- '''''1..1 1"'_ ~'lL' .' i- re J ~ "', 11. ~iv~y(..ur.pr(..~nt..()rmustn,,(."Cntcmplo)'et..~~pvsir:i.on: "') -_._.. ... .. __._.__~ V'/~ l\'l&l.<i.tt.-\ U~v' \' e,/ l 'r:. f r J(JOc.t:..L._... > --..-.---.- ]~. 1)c~cLibc cxprrictlc~:Skills-'~;~~j~re wbich C.IU;aJ'fy YI.)U fVfierye un thif'l,hnanl: tYle.i.~~ .~~ a hrief t'c~~() -, ,,,' ~ . , '. ''''~':J -, 'p! "..- -- -- -;:::'7r-,--.;p. . . . . ~ ; '. . . \ ....~.~...-.- . . ~__m h-'~:^"i.t.at\' ,\ i,,r L. \~- LV,A';r L.", 1\)\ \ . _,.... __~ - .....~ .'.-.- -I-hereby <<nif)' th..r all me aho,,-e ~1.a1CmcnL4 arc lIUC.A1ld 1 awcc aDCr ~hdcntand 'th...r II"Y tnilClC,alA:mem of maLCl'iaJ facL~ conuincd in mi~ "rr1ir...rinn RIA}' ('""'U~II:'; t;.rft::iluTlo; upon my part-flfan)' _rrw,in,nu:nr I "':')' receive. -. f /""IJ ! 1 /} -r '. . r' \....11~, ,'" t. ,~.".h', 1 _~.. r ..' ~ SIGK'\11 fRr.' DAn: ... N"tc: Thi~ ;pplication will renl.;n ont;lc in the City Oerk's Qlljcc 'for a pcrivd vf 2 )'ca>'S imm the date ir woo submitted. I.. \17jll he me applicanrs re"Pon~ibili~' to ensure that a current applic:arifmi!rO on file; . RECEV~-~~~ JUl ;\1 2003 ~ CITY CLERK 1;. .~--,. .-.-.._~_.~--_..__~_____..__._._____ .-..___,,_.____~,_..,_"_. <_'_"'_ Ilene B. Haym 200 Mac Farlane Drive, # 604 Delroy Beach, Florida 33483-6851 Phone: [561] 266-9975; Fax: [561] 266-9976; Cell: [561] 870-6706 E-mail: ihavrnlBladelohia.net EDUCATION M.LS., School of Communication, Information & Ubrary Studies, Rutgers, the State University of New Jersey, New Brunswick, NJ, 1992. . Internshio: Jenkins Memorial law Ubrary, Philadelphia, PAc J.D., Washington College of law, The American University, Washington, DC, 1972. . Associate Editor, AMERICAN UNIVERSITY LAw REvIew. . Publishing Credits: avil Rights Removal Under 28 u.S.C 1443(1): One Hundred Yeal3' of Inutility, 21 AM.U.LRev. 375 (1972). . J:xchange Student, Exeter, England,. 1971. B.A., Douglass College, Rutgers, the State University, New Brunswick, NJ, 1968. ExPERIENCE VETERANS ADMINISTRADON MED'Irc&l CENTER. WEST PALM BEACH. FLORIDA 1. Medical Affiliations Coordinator 2001 - 2002 Duties: Develop, implement, coordinate and evaluate the Medical Affiliations program for the West Palm Beach V A Medical Center; serve as liaison to the Office of Academic Affairs [OAA] for medical affiliation activities; accountable for the budget line and all related reports and surveys; serve as liaison to affiliated medical schools regarding medical student and medical residency procedural issues; develop polldes and procedures regarding medical affiliation activities, medical resident and student supervision; establish processes for resident and medical student rotations, processing and orientation; develop position descriptions for residents and medical students; collaborate with physician preceptors to design educational activities to support the programs; maintain competency evaluation reoords of medical students and residents and conduct evaluations of residency and medical student experiences; prepare the medical center for site accreditation as a training fadlity; coordinate meetings of the Residency Review Committee and reports to the medical staff on Medical School Affiliation activities. 2.Contlnulng Medical Education Coordinator 1999 - 2000 Duties: Program Coordinator for Professional Continuing Medical Education [CME]. Responsible for the implementation, coordination and evaluation of all Medical Center CME for physicians and the management of continuing education contact hour reoords for other professional disciplines. Develop activities that meet the requirements of the Florida Medical Association and other licensing boards. Maintain certification as a continuing medical education provider; administer the CME Committee budget; oversee the Tumor Board and Morbidity & Mortality series; coordinate with the VlSN Joint Sponsorship CME Coordinator. Additional Duties: serve as librarian in the absence of the chief librarian; teach courses, including Internet, Intranet and the searching of library research databases. Serve as a member of the education training staff, teaching courses as necessary to support organizational efforts. Hurricane/Emergency Preparedness l:eiJIle eEl V ED JUl 'II 2003 CITY CLERK 3.Medlcal and General Reference Ubrarian 1997 - 1999 Duties: Database searching, induellng all modules of the library on-line catalog, MEDUNE, QNAHL, HealthStar, PsychLIT, DOCUNE, SERUNE, CATUNE, AVUNE, VALNET and the World-Wide-Web/Intemet. Prepare newsletters highlighting library services and materials and prepare brochures to fadlitate the searching of on-line and CD-ROM products. Oversee library assistants In the performance of their duties and coordinate with other members of the Employee Education Service staff. Provide Information upon request to all hospital staff on a variety of subjects; manage the flow of Information regarding such topics as Evidence-Based Health Care, Weight Management, Smoking Cessation, Quality Assurance and Patient Health Education. Assist the Chief Ubrarian with collection development for the Medical and Patient Health Libraries; prepare updates and reports; copy cataloging. WIDENER UNIVERSITY SCHOOL OF LAw UBRARY. WILMINGTON. DELAWARE I.Head of Public Services 1994 - 1996 Duties: Oversee the Public Services (Reference, Orculation, Inter-library Loan) component of the Library, Delaware Campus. Assess, evaluate, modify policies and procedures; promote access to the collection by developing brochures, pathfinders, bibliographies and conducting tours; represent the division throughout the library, law school, paralegal training center and legal community; supervise and evaluate two full- time and three part-time J.D. librarians, three full-time non-J.D. librarians, four and one- half support staff and over 20 student workers; hold monthly departmental and weekly reference meetings; attend full staff meetings; prepare annual reports; provide reference service for patrons; give In-class and Individual instruction in the searching of the on-line catalog, various CD-ROM products, the Intemet and on-line services. 2. Reference I Computer Assisted Legal Research [CALR] Ubrarian 1993 - 1994 DutIes: Provide reference service to patrons and participate in the Reference rotation; give Instruction In the use of library materials and tours of the facility; provide "dip service" searches for facuity; develop brochures detailing the use of the on-line catalog and CD-ROM products; develop procedures to facilitate the searching of the on-line catalog; conduct searches for patrons; teach E-mail and Internet searching; provide reports on computer research; attend meetings, publicize on-line and CD-ROM products available for public use; supervise student representatives Df the on-line services. LAw OmCES OF JAM~S E. BEASLEY. Eso.. PHILADELPHIA. PA Law I Medical Ubrarian 1993 - 1994 Duties: Medical (traditional and on-line) research; traditional and on-line legal research; collection development; inter-library loan; general reference service for James E. Beasley, Esq. and approximately 20 attorneys/physicians/engineers. THE TOWNSlfIP OF CHERRY HILL. NEW JERSEY Zoning OffIcer 1988 - 1990 Duties: Receive and evaluate alleged zoning violations filed with the Department of Community Development. Inspect, or oversee the inspection of properties; interpret the Zoning Ordinance; review residential plans for the Planning Board; serve notices for violation of the Zoning Ordinance; appear in Municipal Court. JEWISH COMMUNITY VOICE. CHERRY HilI NEW JERSEY Assistant Editor 1986 - 1988 Duties: Write and submit articles; prepare promotional materials; conduct interviews; do research, as necessary; edit canned press releases and submissions from community organizations. Beginning In 1985 and continuing through 1991, served as freelance writer. FEDERAL CoMMUNICATIONS CoMMTCClnN. BRn.a.nr.a.CT BuREAU. WASHINGTON. DC Attorney Advisor 1973 - 1974 Duties: RevIew applications for AM/FM radio stations; write internal memoranda that were submitted for en bane consideration by the Commission; draft published OPINIONS AND ORDERS In contested cases. GENERAL SERVICES ADMINISTRATION. OFFICE OF THE GENERAL CouNSEL. WASHINGTON. DC Attorney Advisor 1972 - 1973 Duties: Analyze legal issues relating to procurement of personal property materials and non-personal services; research problems related to the Federal Supply Service (contracts for property or services, manufacture or furnishing of property; negotiation of contracts, advertising, bidding process, etc.); general legal research; compile legislative history of Freedom of Information Act [FOIA]. LICENSES / ACTIVITIES Admitted to practice In the courts of: ., Washington, DC, by examination 1973 DIstrict COurt for the District of COlumbia, by Petition 1973 New York State, by examination 1981 Member, Board of Trustees, Cherry Hill Free Public Ubrary 1988 - 1995 Vice-President 1990 - 1994 Certified by the Florida Medical Association as a COntinuing Medical Education Coordinator 2000 - 2002 Volunteer, West Palm Beach VAMC, Public Affairs & Medical Media Service Assist Webmaster with development of V A Intranet and patient Internet site. Winter/Spring, 2001. Volunteer, Oelray Beach Public Ubrary Assist at Reference Desk CUrrent - ,Aj-I7-a5' ..i?ea!hr 'fii~ CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 1993 2001 Please mle or Print the foD~ information: t. last Name: Uti Name L-INPJr M.Ltts> 2. Home Address: City VI; L12-ft'-I State ~Cod II/I /TIO.Jv\A7 '2i1, ~Lt] fL.- . ;..;&-; 3. Legal Residence: City State Zip Code . ~Mf of. Principal Business Address: City State Zip Code .J C ~ 01 tv 1!.JItJi.JJ.fn&JiiL. Rf-4a'l, l!Jt . Paw fbcfrC-tj fl ?Hkb - - - 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fu: ;-;:p.-18tj~ ;Z1'i- 7770 L-L-4U 1 ~5fU.-5Nrn pJ if 107 - Cff0f, 775 ~ Vl1a 6, Are you I registered voter? Y f!-; H so, 'Where ue you registered? DELM y mur 7. What Board(s) 1ft you interested in serving? Please list in order of preference: (!) PL>+1vtJ IN 6- If 2oN/rJfr CD {)OW^fTlJtNN !)C1Ji'WP)1Q<r -/tVTfIOm! QJ415TWLlG Pf/..fW1.J/,j1J7t/t '. 8. Int III 01}" Boards on ",'hieh )'OU 1ft currently serving or have prmously served: (plcue include dates) NONe 9. Educational Cjua!ibcations: ~ .j)e.&-ut - 0"1/10 27 A'rf; UAJliJOC'7Ir! I>/fUon.- /- 10. List any related professional certifications and licenses which you bold: 1{:e:,lfLTl> fL- 11, Give your present, or most recent employer, and position: Vc. 7JE I,MD - k,+t:re)L /'1thou ~ 12. Describe experiences, IkiIIs or .blowIedge which qualify you to _ 011 this board: (please ~ I btid'resume) :r. -f./A 1J;( U v ct> (Ai '11K A/Le: 7'1 S, AJCL 1'1 r;rr I -J/}JI) -fIq1!> 7fs A- A.c~ fJlIJcE I~q I/JVOW0 IJJITTf (-ilMIU01'NllIVI,Oil-t\h f{~.J~ VJ 'f!1C 61t.oW71t'i/.ft.t{E~7 O-PPel/1 t/. I h=ty certify that III the Ibovc lIlatemenlS Il'e true, and I -cree and undemand dw sny .............,. of .....-;.1 fica conufned in' . Cltion -Y Cluse f'orfejt\IR upon my put lY sppolnul.ent I IDlY receive. A E eEl VE C OJ!t~'1 ~fj L lAlvC p~~ ~~ IW~/o> SIG..n.uRE -AM It:Ot.irJb- ~ m~ Of'ft! rrf 1M " aCT l-r2003 TO Jt: .,Ii It- -ApOrt? OrJ TO OvP... (;J-.mJJviJ> >UCu;'h. ~~. Note: This application will remain on file in the City Oerk's Office for. perlocl of 2 }'an from ~Il__ submitted. It will be the applicant', responsibility 10 ensure that. ament application is on file, ~TDf ~en~ b~lb~~~~~ H~~"41~~IU~~ rldl-.L":'-V":' ...."'......:..." 1'''''0' ........._,__.__.~....6 _._ _... - 561 Z43 37711 ~ BREWER ARCHITECTtIRE page-"z - Received llar-e8--0201:eepm from 03/08/0: fBI 1::1~ fAX 561 243 3774 nTl: CLERK ~O1l2 pt,lAA, v. B~A,P! ~ . CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 1993 2001 ~~ or pUnt rh. foilo~1/; infoanac:ion: !Ml~~. 1. LsstName: L-~D Name T ~~ '{ , Home Addteso: , 0 M \ . --t3r- City "'Doe! €:ch State Zi C.,de 1?;?'I'Ir be.' :z:2 ~ ~ ,~~ . FL 3. ugal Residence: State Zip Code ~-~ j r Principal Bu";;;e"~ddre..; ... State Zi~ode \ ~ S,Ja. L\ A"e'\VE.. FL- 3",,483 , 5. Home Phone: I\;;'ine.. Pho"e: i C~ Phoue ., Fox: ---, ''9QI_ ~- - (-'t ' . '5I01-eZl-s:l1k\.:..%.."l"Z.._ S",*,- 6~_ N.e you. reg;.~red votet? . ICeS _ (f so, whu<! aU yo,", registered' ~I!'\ BEr~ Co. I 7. \VIl,AI Bt:'ud($) iU't you tntete6Led. in serving? Pl:ne li~~~n ordt.r of p.reteretlce: . _~ l~{iG 'f-k-...-t -y'q~~t"d P.. ~ 2 ~ :s1!&AE2 ~ I I 8. Lst all Cit)' Boards "n wh.icb yc,u"iIe r;;urrendy Ut"\Ping or have pre...'i.ou&iy sQ'Vtd: ~rfiel\~e indude d-...n.-$) I I, "'''"'''"'q"''''''''"' 137. Ard,i~~a.\ ~l~;"3 ----.-1 ==l ~1o LISt anl related profe.sional certifications and Jicws.. which )'ou hold: ..~ I I -~ , - rii. Give YOUt pre$eIlt, or most re"ear employer, and pontiton: e~rA-~e. - I -l rienc skills or k110~~odg. ....hicb 'I" "fy you to ..tv. on Ih' i i O~ "'" . \ I 1:;"- ,. I .. I ,;;: satem~nU are UUc, and I agree and underi.tand that any mlista[l!l!lU:tlI of LIliLte.n:;t1 facr~ .us-e f01-teiQ,tte: upon my p.rt of any a.ppoinTroc 1m' recuv<:' 0 I , , , : :>JGN ' D,UE l , r L~ - J Nor.: Thi, application will remain on me 4'" rhe Oty Clerk's Office fOI . penw of 2 years from the date i, w", olJh".,itt.ed. 1 t will h. the applicar.t'. Icspoo$ibility to ensure rho< a cunent ..ppJ!c.tion is on iii.. REcetV'e'e"""'''ATOO", MAR t 2 'DD2 CITY CLERK -f.l'~ / kr '7-tP}-()5 ~Rf'':I~Ft1 '~ CITY Of DELRA Y BEACH '1111. BOARD MEMBER APPLICATION 1993 2001 , infozmation: ~ f2 L t2.o }., M.L %ty/) cw- (2.1+1011 SUte Zip Code FL 3~l/- ,1/- 7. :5 c A 1\ 4 8. List all Cit)' Boards on ,,'hich you arc currently scMng Of have previously ICl'Ycd: (please include dates) -- 9. EduC.ltional qualifiC.ltions: Ii- / G-fI S;c cm~,and sition: /} K ;QCZA9-L (0 L 12. Describe czpuicnc:cs, aIdIIs Of Itnowlcdge which qualify you 10 ICm: em dlis board: (please macb a brief _e) :;2 () '1;ZS /hsA 'i-A-t.-n 12- 5 JJ1'iPI2I7T fi.<, Ih f1 qj -:5f< ~,.f-C 'Z- ;~T) J h=by ccttify that all dlc above alatcmCIIQ arc INC, and J agree and UDdcmand dlat any mima_t of mataial !actS con . cd in this aJ>P.!icatiOD 1m cause Ii citun: upon ~ of;e ~m.cnt J may receive. .; . . RE EIV ;-23 ~O5 SIGNA'IU1lE JUL 24 ZOO3 DATE Note: This application will remain on file in~_r. period of2 years from the date it was submitted. It will be the applicant's . un: t. currmt application is on file. ~..... . *' *- *' *' -*' .J.111-ef'pr' AIJoAmIrlcac; . b"-<,,~I'5 VI , IIII CITY OF DELRA Y BEACH .'C!> BOAIlD fMEMBER APPLICATION 1993 2001 Please tvnt! or nrint the foDO\1\-in2 information: 1. Last Name: Name M.I. . Miller Dale 2. Home Address: Cit\' State ZiD Code 800 N. Ocean Blvd. #4 TIelray Beach FL 33483 3. Leg:al Residence: City State Zip Code 800 N. Ocean Blvd. #4 Delray.Beach FL 33483 4. Principal Business Address: City State Zip Code Daring By Design Inc. 6971 N. Federal Highwav Suite 400 Boca Raton FL 33487 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: . Fax: 561-272-9533 561-999-0727 alemiller@att.ne~ 561-866-125 561-999-072 6. . \re you a registered ,'oter? .' If so, where are you registered? .. ., .. Yes D~< ~< -~~ it I '''' 7. ~'hat Board(s) are }'OU interested in sen-ing? Please list in order of preference: Historical Preservation '. B. List all Gl)' Board$ on which rou are ~d)" serring or ha\"e pte\-iousl}' sen-ed: (please include dates) . None .. -c-. ..... .. .. i 9. Educational qualifications: . . . . . . Attended FIT. NeIDO-Building and Barrier Free Flo~ida 10, List an}' related professional certifiations and licenses which }'OU hold: Licensed to PTactice Interior Design Florida. ID 00024 3 11. Gh'e your present, or most recent emplo}'er, and position: Darin.,. Bv Desi"'n Inc. - President 12. Desaibe ""paiences, skills or knowledge which qualify you to serve on this board: (please attach. brief resume) See Attached I hereby . that oIl the, abOve statements are trUe, and I agree and uodmtand that any misstatement of material facts con[Jinec in t(J;.s app]j~ Insy cause forfeiture: upon m}' pan of an)" appointment I may receive. / )}l//~ .' 't~O~v' . SIG~..\n;RE . ~7.7 .. .' ,'0'." n.....lE / '.. . . n . .' . Note: This applicatiOh will remain on file in the City auk's oPle~EIttq!:! 6 2 years from the date it was submitted. It will be the appliant's responsibility to ensure that a current appliation is on file. J U l f 2 2DD2 S'CITYCLEaJNlO.uJ)" .....'roTlOS CITY CLERK __.no __ .__._.,_.,..__.~ ___"__'" __,___ __",~__. . __'u __. ~ DARING BY DES I G N, I N C. DALE MILLER A.S.I.D. PRESIDENT CREDENTIALS -. ,State of Florida License to Practice Interior Design 10 2413 Vice President: ASID FSC (American Society of Interior Designers) 1996-7 aoard of Directors: ASID FSC (American Society of Interior Designers) Board of Directors: lOAF (Interior Design Association Foundation) 1995-2001 PUBLISHED South Florida Business Journal Nursing Home Magazine Boca Raton Magazine Interior Design Magazine Florida Design Magazine Palm Beach Post Sun Sentinel Orlando Sentinel Los Angeles Times '. AWARDS AND AFFILIATIONS AWARD: ASID Design Excellence Award 2000 AWARD: Woman of Distinction: 1996 Soroptimists Intemational ..',." AWARD: Junior t.eague Designer Showhouse AWARD: Hospice/A.S.I.D. Designer Showhouse Board of Directors- Children's Miracle Network Immediate Past President: Professionals for the Haven President: Professionals for Children's Charities Vice-President - BUGS Boca Raton Museum of Art EDUCATION Fashion Institute of Technology NCIDQ CERTIFIED: Building and Barrier Free 6971 N. FEDERAL HIGHWAY SUITE 400 BOCA RATON. FL 334B7 561-999-0727 FAX 561-999-0729 IItEISED B Y S , A , E o F F L OR I DA I I , E R I OR DES I GI IIBtll13 &6/''}4f5 v,'C,{ rt' ~ ~ . &-;J~..o;; DaIlAY IlEAC" I.' . . , . . W CITY 0' DELRAY BEACH aOARD MEMBER APPLICATION 1993 2001 . iIlf.,.",.,;ou: ~ 1'1 2. '5k City OM 3- City c:.- Inry"L;. State Zip Code 4. 3)~~Z~ ~ S~ Zip Cod. 33CM/ S. Hom. Phon.: Business Phone; Fax: J. lo- ?7b~ ;? - Nr:::o c;t7t- /'70 6. al7~ " Cs) ... you in.......d in senlng? PI.... list in om.. of pn:faeoce: J. d--t5r/ V r.R 5.L r Va.:/; Dr'} Dar. 8. Un all Ci'l' Boards on ...hich you on: currently sawing or have plniously .....cd: (pleas. iodDd. do<es) .-.- ---~--- . 'vt..l.. 0..: nus .pplica,;on 'lI>ilI n:mlIin on &I. in th. City CbJt's 0f6ce for a peziocl of 2 years &om th. date it ....Sj;h;-f-r ~ submincd. It will be the 2ppIicaot's te5pOIISIDiliry to alSUrC: that. cuncnt appIica1ion is on 6Ie. I RECEIVED "-:'." --".-'l"'.~'nClN JUN2'S 2003 G.'" It9SJ CITY CLERK dGe=so eo SG un. S0109-91oG . .J..nferrd r Jj'f'.5 i31J DRRAY BEACH 1/#1/0--5- ~ iiITr CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 1993 2001 information: 1. M.I. 2. 3. ~~ess Address: City -,.. ~ S &vItMi.p B~ .&'/~'1 ~~D ~'II/) ~ I'/.-Vl>. 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: ~ p 1JtJ-111t7 ~1-'~''f-fI7 z.. 6. Are you a registered voter? If so, where are you registered? lIIne.f!. . 12 escribe experiences, skills or knowledge which ~ ou to serve on,s board: (please attach a brief resume) JV~€() "" R ~e /liPS A dl s;,",H.... . 've.~ l": ~. - !feurvp ~ . . . '#l- . I hereby certify that all the abov statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my pan of any appointment I 7.y rz. ./9 ~ I~~'~~ SIGNATURE DATE/ . Note: This application will remaIn on emi:lie ty Oerk's Office for a period of 2 years from the date it was submitted. It will be the a~'!''6r_sibility to ensure that a current application is on file. S'ClTYa.EJlK\8OARD'v\PPUCATJON CITY CLERK L." . ~ THE INTERIORS GROUP BOCA RATON . MIA M I Michelle Reich President and CEO The Interiors Group After graduating from the New York School of Interior Design in 1972, Michelle Reich spent much of the 1970's as a residential designer and interior merchandisor in New York and Chicago with ChildslDreyfuss. In 1980, ChildslDreyfuss traosferred her to Boca Raton to open the finn's Florida branch. A year later, she made her first venture on her own with Palmer/Stuart Interiors, named for herself and her husband Stuart, then a successful architect and builder/developer in South Florida. After winning numerous local and national awards, her talent and success caught the eye of the Los Angeles based Design One. They offered her a position as first President of their Fort Lauderdale satellite office. Working with Design One, Michelle built upon her expertise in interior design and model merchandising. Michelle quickly developed a name for the internationally recognized firm, taking it from one to 15 employees in less than three years - and quickly gained a personal following in the area with her signature trademark designs. In 1985 she broke away and opened The Interiors Group. Over the past 17 years the company has grown both in reputation and size to become the leading interior design . firms sought by major builders, both locally and nationally. The award winning company now boasts 35 employees including one of the most highly talented creative teams in the design industry, a new corporate office in upscale Boca Raton and a satellite office in Miami. The success and reputation of The Interiors Group is a result of Michelle's keen understanding of the entire building process. Michelle believes that the design process begins before ground breaking and that is why Builders and Developers come to her in the initial stages of development for her architectural expertise and critiques that give their product a cutting edge before construction even begins. This is one of the unique services offered by The Interiors Group to help promote the philosophy that merchandising is the foremost marketing tool for builders and therefore deserves a strong eye for detail to insure that the builder is reaching the targeted market. Additionally in the past five years, she has created a new concept for the Builder's "Design Center" that creates an inviting and accessible design source that assists both the builder and their clients in completing the home buying process. Michelle Reich is helping builders and developers sell the American Dream, the attainable American Dream. Not only do her designs spark imaginations and inspirations for targeted lifestyles, but she also emphasizes memory points in her interior design to complete the package for the builders and developers to make selling or leasing their product that much easier. She has defined design trends and often sets the industry standards, which she feels, have contributed to South Florida's leading the nation in cutting edge design. RECEIVEC FEB - 6 2003 .360 (fam.itur .9'arden..r, {jJh;d. .,. {jJoca- rJlaton,.,. ~ .3.34.3.2 CiTY CLERK afoco. .so,' ,yI-.g'711 9iW .so" ,yI-.g' 70 g;~@tkinL~._". -.c:oao,. ~~ THE INTERIORS GROUP BOCA RATON' MIAMI January 30, 2003 Karen Schell, Executive Assistant Office of the City Clerk City ofDelray Beach 100 N. W. First Avenue Delray Beach FL 33444 Dear Karen, Thank you so much for sending me infonnation on the City ofDelray Beach Boards and Committees. I've completed and enclosed the application form. Karen, it goes without saying that I would love the opportunity to become involved with the progress and growth ofmy newly beloved hometown ofDelray Beach. I feel that after almost thirty years of my involvement with the housing and development industry, I can bring to the table the knowledge I have acquired which has been so iristrumental in the success of my own business. If you require any additional infonnation please contact me at any time. I look forward to hearing from you soon. Please stay in touch. Warm regards, - ~ ------.... Michelle Reich President Enclosure RECEIVE::> FEB - 6 2003 CITY CLERK .160 G'amitw- .9'ortIeM- ~kxt.... riJ(}C4 rIlaton,... ~ .1.14.12 r&a. $Of" .{g4 '.!Jf72 9!iz,60f' .y4",9f70 g'~@~.&<H" ...,.,.,.. 05/%8/03 WED 08:19 FA! 581 283 3778 CITY CLERK ~002 5,Jr-OS / ~~':~Oj ,qrc.hl-l-e~ MIflII J CITY OF DELRAY BEACH . . . . BOARD "'EMBER APPLICATION 1993 2001 Plesse tvDe or .,rin. the foDowioa infom>aDon: t. Las. Nam......... N=e \. N.I. '--:-;."" A - - .. 'Tc.o. ~ 2. HojpC AcJdrcu: ~ \: Sure Zi~ ~c RO\CI^-- -- ~"'" 1-.. ~,....-.-"t...J. ~. ~ f<' 3. Legtl Residence: City . State Zip Code ... Principal Business Addre..: City · Stare Zip Code ~2..4- \..)E. Z"WO. CS"\. ~~ .....'\. ~PuG-n. 'FL. ~~ r J 5. Home Phone: Business Phone: E.Mai1 Address: Cell Phone: Pax: ~<""'YI.\ 4-14-,,\ ~\.'7<' ~~\ ~I ~7~ odr" 6. Are you a registered voter? "1'~ If.o, where an: you n:gistcted? eo 0Cfl0 ;:"''1;ClW 7. What Board(s) .re you interested in seMlss? Please lis. in order oC pre(aen<c: r& i"AA "->. 'T -\ 2.. t'\ ~ ~ 8. lis< all Ciry Bootd. on which YO" are cwrendy serring or h.ve prrrioaoly ~cd: (pluse iAchldc cIafCI) 9. E.dIlcarlonal qutli6cariono: _ , fi.& t"~ ...,.~C't~~( ~c: c: . .. 10. List any related profeuional ceni6arion. and licen.es whieh you hold: ~.'"'l:. A. ~\<:q.)"'4p \~ ~U.\l-JO,,~ 1'l\.N:) ~~uo." 11. Give your present, or mosr n:c:ent emploYer, and poaitiOfl: 12. Describe CllpeJlcnc:es. t1dIJs or ~ which qualify,.,..... - 0Il1hi. bolltd: (Plcue .ttach a l>DcC rawne) . I t,...,by cati .t..t aD d>c above _..-"" ...... aocll opec and ~ mat my .................of _taiol foal . ~,n "j oppUcadoa ...ay ...... forfeImre upon tIIJ put of...y ~~ I i~ ~:~ 51"' nATE Note: lhil .pplicnion 'IIIilI remain OD file in cbe City Oork's Office for . pctiod o( 2 year. &om the date it '!II2S submitted. It will be the applicanr's tespoasib.iliry to __~~pliCStiOD is on liIe. n-.;;;;;~ tJCnY~lJCA1"IOtf MAY 2 8 2003 ~/~ 3~Vd !nVLO:O~ eo'e~'Avn ~JJi" ~1.I:Fl~!J3!IHJ~V NI3!SU3elIS :Ae !N3 JEFFREY SILBERSTEIN. A.I.A.. AA. EDUCATION: C10rlt University, Worcester, Ma. L1ben1 Arts Major Boston College, Boston, Ma. Economics major, 0'" y....... Pratt IDstllute, Brooklyn. New Yark, Archltectural Degree. American IDstiulle Of An:hItects Medal for Excellence In An:hItectural Education Harvard University Graduate School of Design, June 1989 Harvard University Gmdullle School of Design, July, 1996 CERTIFICA nON: Registered Archilect: Florida and 1I1lnols Jeffrey Silberstein Archllecl &: Assoc., Inc. was founded in 1990. We are a small finn with a reputation for innovative design and deli_ing projects wirhin budget and on schedule. This is evident as wc continue co work with repeal clients and referrals generated by our reputation. Our success evolves Il!l we assist clients in defining projecr goals well before suggesting solutions, a process that creates a full undelstanding of objectives before transformation into reality. Jeffrey Silbentein, AJ.A., JLA., has over 21 yean experience in the field of ~hllectural desigD, urban design. interior desigJI and residential and commercial development. Silbersrein Architects, Inc. Wl\S founded in 1990 and is located in Delray Beach, Florida. He has been usociated with many building types. including educationallllcililies, office buildings, interior office and residential mIIovations, muaelDlls, art gIllleries, religious facilities, residences, mixed - use d."elopmenl9 and commercial projects. Tn 1998 leffiey SUbenrcm was presented The Award of HooOJ' for Design by The American InstiNle of ArcWtects (A.I.A.). He was recognJzed for "'the hlgb quality and originality of his work over an extended period of time". In addition to this special honor he has garnered many AJA awards for varied projects. His worlc h.. been fearured in The Miami Herald. The Sun - SentineL The Palm Beach Post, Florida Architee~ Interior Design, The Boca Raton News, Archilectural Record and other Internatiooal publications. Mr. Silbemein h.. served as, .. guest writer for the Hartford A1ebltecr:un1 Conservancy' and The Palm Beacn Post. a critic member of the Worb of Art Committee of the Boca Raton Museum of Art, a member of Junior Achlevement and .. member of The Grace Commi..ion on lbe Boca Raton Community Redevelopment Agency Task Forc.. Mr. Silbmlein resIdes with his wife RoseJDlIIY ""d two daughters. Angelica and Sarah in Boca Raton, Florida. ~/~ 3tlVd ~nVlO:O~ eO'8~'Avn ~~9S ~SlJ311HJ~V N131S~3611S :A6 lN3 . . . .. . (p -It-oC; , III-r CITY OF DELRAY BEACH C BOARD MEMBER APPLICATION 1993 2001 Plesse or ant the foUo in(oanalWft: 1. Last Name: Sneider man Name Michael M.T. B. 2. Home Address: 6626 Bali Hai Drive Cily Boynton Beach SUleFL jj{Jr? ~. Legal Residence: Oty 512te Zip Code 4. Pzincipal Business AdcI.ress: Uly State Zip Code 3125 S. Federal Highway Delray Beach FL 33483 5. Home Phone: Business Phon~: E-Mail Address: Cd) P}lone: Fax: 561-733-5363 561-278~7446 sneidssg@ao1.com 561-703-6453 561-278-64]1 6. Are you a rcg>stered VOler? Yes J( so, ....here are you regislered? Delray Beach 7. Wha'Boud(.) ar. you irucrc"cclin seJVing?Plc...hatlnordcrofprcfc;encc: R . t t t SPRAB eappoln men o. . liP/!> rfiii2 8. Uu.U Cil)' Bouds On which )'ou are C\Ul".ntly .ef"ing or have previousl)- served: (please include dale!) ( - - SPRAB - Appointed 9/1/2000, serving until August 21, 2002 9_ Educauonal qualifications: B t h 1 fAt D -. . E . ace or 0 r s egree In conomlCS University of Connecticut - 1967 ---_. 10. list an)' r"lated profcssfon;i eem.6cations and licenses "'Nch YOIl hold: --------- 11. Give your pres eo I, or most recenr CJnilo)'f and position: Ow Pr iden 0 *A*Ra a of Delra Beach -- 12. Dc.cribe exp.rienc.a. akills or ....owl.dg....hich qualify you.o aerv. on this board (pia.. attach a brief ..sum.) . I've served on SPRAB for almost 2 years. . I've had direct design & fabrication involvement, as well as layout, installation, material choice, color variations & calor scheming experience in l1terally thousands of signs over the last 7~ years in prqjects large and small in scope. Included in my portfolio are the si the Old School Square, First Night, Joint Venture, the Tennis Center, De y's G f Courses, etc., etc., etc. Diy tho en.. _ lrUe. and ] age<< and und.ntand dI.. any misstatement of tna.tenal raC[$ on mr patt of an)' a.ppoinan.nt 1 mal' receive.. June 18, 2002 - - D....n >lote: is ..pplieaoon will rem2in on file in the C~ Clerk'. Office (or.. peri;d 0{2 yun (rom the date it ""~s submined. It wiI1 be the ..ppJiclllt'a responaib.Jlity to ensure that.. cuncnt .ppbcation 55 on .61.. SlI....,...c~.u.D\.A.PI..t("..l1O}II , SPEEDY SIGN*A*RAMA, USA 3125 South Federal Highway, Delray Beach, FL 33483 561.278-7446 FAX 561-278-6431 FAX COVER PAGE TOTAL OF TWO(2) PAGE(S) INCLUDING THIS COVER SHEET DATE: June 18, 2002 TO: Karen Schell, Exeeutiv stant I Board Liaisons Faxed to 561.2.43-7056, June 1 ,': $OST { FROM: Mike Sneld B Thank you for the cal last Friday to advise me that my 2 year tenn on SPRAB was nearing its end. I've enjoyed my tenure on the board and would consider It an honor to serve Delray Beach In this capacity again. To this end. please find attached to this communication my filled out application for reappointment. If you would see that it goes before the proper commissioners with this statement of my desire to serve in this capacity again, I would be much obliged. Thank you for your help. ( '(-It/-cD -re /ft11d,Y:t 'iim CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 .2001 Please or . t the folI . infcmnation: 1. Last Name: . :T".tfItt f:.S Name ~L e.c...... 2. Home Ad~ 2- q n, Jt-ve. 'fk1 t~c.l.... te ~ Code '3 3. Legal Residence: City State Zip Code S~C 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: FIX: Ikrbour if Qaol. 'it-BiL-L(6tD 6. Are you a registered voter? H so, where are you registered? 7. What Board(s) t e.U leuJ 8. List all Cit}. Boards on . 'ch )'Ou are amend)' servina or have previously aerved: (please include dates) N .- ..- V+ f,'~e.)<: '.() ere e . ITl11f) I ~er~ ~e.('.:J Note: This application wi1I remain on file in the City Oerk's Office Cor a~bm the date it was submincd. It wi1I be the applicant's raponSI'bility to a1SIIn that a current app 'catlOn is on file. AUG14 2003 ~- CITY CLERK ANDREA ST. JAMES 1264 Audubon Blvd. Delray Beach, FL 33444 PH: 581-271-3008 CELL: 581-642-4610 E-MaIl: BaIHarbour8Oaol.com Objective: To use all of the special writing, public relations, publicity end management skills I possess in an executive level public relations I publicity capacity. Special SIdIIa: Writing, Event management, publicity, & public I8Iations skins. WORK EXPERIENCE 2000- 2002 INFORMATION TELEVISION NETWORK - Boca Raton - -oIrector, Public Ralatlons ITV Is a conglomerate of several production companies (iTV, MelV, iTV Digital) who produce Gracie, Freddie & T e11y 8W8I'd winning television programs &ired over several national natworks. Write & service press releases, meet with various industry reps, pilch stories to publications for publicity and scan & distribute industry media stories from myriad publications. Write eel copy, secure film locations throughout the U.S. for video productions. Pitch & barter show eel placemant in national publications (over S600K in one year). Lead division directors & managers In bi-weekly meetings. Personal credits include: WInner: 2000 Time Inc Health Freddie ... --.- Award; WInner: (2) 2001 TIme Inc. Hnlth Freddie Awards; Winner: 2001 Addy Awards (2); WInner: 2001 ASCRS NatIonal Media Award; Judge: 2001 Aurora Awards. Member, National Academy of Television Arts & Sciences. 1_ .1_ Commodore Aviation, Inc. . Miami. PR & Technical Admlnlatrator Commodora Aviation, Inc. Is a subsidiary of ISI8eI AircralllBedek In Tel Avtv and provides heavy maintenance for \he allQ'8fl of govemments and major commercial carriers. I eelmlnlstered technical eervlcas as well as wrote speeches, wrote & serviced press releases, oversaw large events, photography and brochura production. 1997 -1_ The FORtaIneblHu Hilton. MIMII . Lelaura TrIIveI Marketing At this world renowned resort hotel, I worked in intemetionalln&lketing within the area of leisure Travel. Reporting to \he DIrecJor and two ules managers, I determined what should go Into their ules kits for Intemational mass mailings, wrote marketing letters to sell the resort and edited press releases. 2 1895 -1998 eRA Mlnaged c.18, Inc. - RIchmond, Virgin" . omce Mlnager This national voc:aIlonall8habilitatlon corporation seIVices the major Insurance carriers of the continental US, Hawaii end Canada. II proVides vocational rehab services to those people injured on the job or who have experienced a catastrophic Illness or Injury. Aa office manager I8port1ng to the Regional Manager, I hired, trained and 0YeI'88W clerical staff, controlled the timely receipl and distribution of medlcall8ports, edited written reports and controlled billing. I also wrote marketing letters and maintained contact and correspondence with clients and attorneys. 1989.1893 TwHtIeth Century Fox - Loe Ang.... - Exec. 1V Publicity Aes'-llnt Reporting to the DlrecIor and frequently, the Preslclent, duties for one of the largest entertainment corporations In the wortd included heavy liaison with stars and major media representatives. This Included initial oversight of an approxlmata $1.5 million annual talevision publicity budget, oversight of print 8dverlIslng and large media events. Also included writing. editing and servicing press releases; creeting, editing and updeting press kit materials; evaluating scripts in prcgntSS; nationaVintamational press distribution; attendance to and f8c11ltalion of stars' lntarviews and major media functions; handling studio fan maH and interacling with various other departments, producers and publicity agencies to promote publicity on varied series and stars, including EMMY winner LoA. Law. Set up and facilitated many of Twentieth Television's hlgh-vislbility functions including the yearly EMMY pIIrty at Spl!Igo. the annual executlvelproducerlwriter Introduction event and various 100" episode parties for our successful series. Was asked to accept an award for LoA. Law. 1985 -1989 Ogllvy & MltherlThe Ogllvy Group. Loe Angeles . omce Mlnlger --- Began at this intemationally It_sful advertising agency in Richmond, Virginia at then-afflllate, The Mlltln Agency, and was transferred to The Ogllvy Group in Los Angeles In 1988. Raportlng to the Chairman and PreslcIent, duties included acting as liaison with cUents and creative taams, confidential WOlle in the corporate day-to-day experience, research projects on an assignment basis, oversight of clerical staff and assistance with high profile media events. Also was contributing editor of company newsletter. COMMUNITY SERVICE National Neurofibromatosis Foundation (NF) Public Relations Chairperson Los Angeles Business Voluntaers for the Arts (BVA) Public Relations Consultant Richmond School for the Performing Arts (SPARC) Public Relations Consultant Richmond Stop Child Abuse Now (SCAN) Public Relations Consultant PreslcIent Reagan 1979 Campaign Touring Public Relations Assl (Southeast Tour) If tA)-(/J DELRAY BEACH 2c;n 1''':5, :Jt'. p/Q."n1 I l .. . , .. oil ........ qrrr CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please e or rint the followin information: 1. Last Name: SLlII, M.I. 2. Home Address: DnOt:...- State Zip Code o <;; e-r FL.. ~3 15. 3. Legal Residence: State Zip Code ~Wl as abouE.... 4. Princi~ Busin~Ad~s: City State Zip Code t:alm Mch u. 1'20,.,,~ O''''5/0n u..Jet- Palm Fl.. 3 I ()() Attc;+rc9I1 AtierA 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: ' Fax: ~I- 49C)-\"11 ':loI-Z33- g.{-l35-t;\ !as 6. he you a registered voter? ic- P rf $f'Y Ovl B::erd Dowrr\ow.... lJrl List all City Boards on which you are currendy serving or have previously serve : (please include dates) nOI'1 . PICl~ ..;,1'1 111 l.\tl , ertifications and licenses which you hold: n:;l.1 iF . lSSIa-t~rs t'i e !Nt I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts d in this application may cause forfeiture upon my part of any appointment I may receive. SIGNATURE ~WO'S DATE Note: This application will remain on flJe in the City Clerk's Office:~~~ of 2 Q from the date it was submitted. It will be the applicant's responsibility to ensure UJjp tion is on file. KITYCl.ERX\8OAIlD\ALlCATION APR 2 5 2003 CITY CLERK Ronald W. Sullivan . 400 Sherwood Forest Drive Delray Beach, FL 33445-3872 . Phone: 561-499-8114 April 22, 2003 City Clerk's Office City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Board Member Application Dear Ms. Schell: Enclosed is my completed application for Board Member, City of Delray Beach. I am also attaching a copy of a recent resume with probably more information than you need. I have been a resident of Palm Beach County for almost 8 years but just moved to Delray Beach last year. Please let me know if you need additional information. r Ronald W. Sullivan ,. . RONALD W. SULLIVAN 400 Sherwood Forest Drive Delray Beach, FL 33445-3872 Phone: (561) 499-8114 E-mail: mcsullivan@aol.com SUMMARY Landscape ArcMect / Land Planner with extensive background in teaching; in public practice; and in private practice in land planning, project management and computer applications to the planning and design process. EXPERIENCE Senior Planner (2/02 to present) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Senior Planner with the Zoning Division, Development Review Committee (DRC) Section. . One of two senior planners supervising the work of 4 planners, a zoning technician and 3 secretaries in the performance of their duties related to the DRC plan review process. . Share management responsibility of the DRC plan review process. . Continue to serve as County staff representative on Northlake Boulevard Corridor Task Force. Senior Planner (2/97 to 2/02) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Senior Planner wnh the Zoning Division, Board of Adjustment/Concurrency Section. . As head of the Concurrency Section, responsible for management of the concurrency review process and for supervision of a planner, zoning technician and secretary in the performance of their duties related to concurrency review. . Responsible for overseeing the on-call and reception functions for the Zoning Division including supervision of a planner and Receptionist. . Serve as County staff representative on Northlake Boulevard Corridor Task Force. Sne Planner II (Mid 1995 to 2/97) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Project Manager/Sne Planner with the Zoning Division, Development Review Committee. . Review land development plans. sne plans and master plans for land development projects located within unincorporated Palm Beach County and work with applicants to bring these plans into conformance with Palm Beach County Unified Land Development Code requirements. . Assist applicants in the preparation of these plans for submission to the Development Review Committee for final sne plan approval. . Review applications for building permits. Prolect Landscaoe Architect (6 months) Short term posnion wnh local land development consulting firm working on preparation of proposals and on a variety of land development and subdivision projects. Landscaoe ArcMect / Proiect Manaaer (8 years) Associate / Studio Manaaer (4 years) Derck and Edson Associates, Lnitz, PA Major landscape arcMecture, land planning and engineering firm in southeastern Pennsylvania wnh a staff of 16 Landscape Architects and 5 Civil Engineers. . Responsible for introduction of computers to the firm in 1987 and for selection, acquisition, implementation and management of hardware/software systems for accounting, computer-aided design, engineering computations, project management and word processing. . As project manager, worked with clients, peers, other professionals and local and regional reviewing agencies in the planning, design, approval and implementation of a wide variety of projects. . As studio manager, guided and directed studio of 3 landscape arcMects, a civil engineer and a draftsperson in the planning, design and approval of subdivision and land development projects prepared using CADD. Associate Professor of Landscaoe Architecture Kansas State University, Manhattan, KS (9 years) Taught courses at both undergraduate and graduate levels in site planning, design and resource analysis. , , . As coordinator of the graduate program in landscape arcMecture for 4 years, administered the program, recruited and advised graduate students in one of the top accredited graduate programs in landscape architecture in the country. . Maintained a full program of consistently high caliber students during a period of generally declining enrollment at the university. Landscaoe Architect Consultant Bureau of Land Management (6 months) Three month executive appointments to Wyoming and Alaska state offices of federal land management agency. . Conducted a study of off-road vehicle use on public lands in conjunction with Landscape Architects and other professionals in the Wyoming State Office. . Worked with BLM Landscape Architects in Alaska to develop a methodology for visual resource inventory and analysis of a 15 million acre resource area in northwestem Alaska. Resultant report used to modify the existing BLM manual section on Visual Resource Management. Landscape Architect I Park Planner Texas Parks and Wildlne Department, Austin, TX (6 years) Involved with all phases of resource-oriented park planning and design through the agency that administers the historic and recreation parks in Texas. . Supervised planning professionals in preparation of 15 state park master development plans for units of the Texas State Park System. . Helped develop a system of resource analysis adopted by the Department for planning state parks and authored a booklet describing the process. . Coordinated a team that developed a state park system plan for Texas and procedures for implementation. Landscaoe ArcMect Roy H. Senert and Associates, San Diego, CA (1 year) Small landscape architecture and land planning firm. . Design on a variety of projects ranging from county park master plans to site planning for a nuclear power plant to private residential landscape deSign. Naval Officer United States Navy (3 years) Served on two western Pacnic tours to Vietnam and was involved in the Initial stages of the pull-out of troops from Vietnam. . As Communications DMslon Officer, responsible for all communications on 10,000 ton amphibious ship in the westem Pacnic as well as the security of all top secret material, equipment and communications. Supervised 2 junior officers, 2 chief petty officers and 20 communications specialists. . Directed ship maneuvering (Command Duty Officer) when entering and leaving port, replenishing at sea and during battle conditions. EDUCATION Master of Arts in Sociology, Kansas State University Master of Science in Community and Regional Planning, University of Texas (Austin) Bachelor of Science in Landscape Architecture, Iowa State University PROFESSIONAL Registered Landscape Architect, Current #1598, State of Florida Registered Landscape Architect, Current #501, State of Texas (Unnorm National Exam) National Certnication by CLARB #616, Current Member, American Society of Landscape Architects #023973 Past Registered Landscape Architect, State of Pennsylvania (9 years) Past Registered Landscape Architect, State of Kansas (9 years) H:\WPDATAIPROF\LATESTms.doc DK MEMORANDUM ~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # q,::t - REGULAR MEETING OF NOVEMBER 4.2003 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL DATE: OCTOBER 31, 2003 On September 9, 2003, Ordinance 27-03 establishing the Neighborhood Advisory Council for the purpose to help maintain broad-based community involvement with the residents, create neighborhood outreach initiatives, enhance communication, improve the aesthetics of the neighborhoods and identify any potential threats to the stability of the neighborhoods was passed and adopted. The Neighborhood Advisory Council shall consist of fifteen (15) members and two (2) student members. Twelve (12) members shall be residents with two (2) residents selected from each of the six neighborhood zones, and three (3) at large representatives, which may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following have submitted applications for consideration: (Applicants are listed by zones; however the applications are in alphabetical order.) (See Exhibit "B" attached.) A check for code violations and/or municipal liens was conducted. None were found with the exception of L 'Tanya J Allen, Evelyn Dobson, Hansford Higginbotham and Minerva Wilson who are currently behind in their water utility payments and have had consistently late payments. Voter registration verification was done and all are registered with the exception of Karen Lustgarten. Based on the rotation system, the appointments for members will be as follows: (See Exhibit "A" attached.) City Commission is also requested to consider if they wish to assign a Commissioner as liaison to this committee. Recommend appointment of fifteen (15) members and two (2) student members to the Neighborhood Advisory Council for specified expiration dates as listed on Exhibit "A". EXHIBIT "A" Member Expiration Date Commissioner/Mayor to appoint Zone I 10/31/04 Commissioner Costin Zone 2 10/31/04 Commissioner Archer Zone 3 10/31/04 Commissioner Levinson Zone 4 10/31/04 Commissioner McCarthy Zone 5 1O/3I/05 Mayor Perlmao Zone 6 10/31/05 Commissioner Costin Zone I 10/31/05 Commissioner Archer Zone 2 10/3I/05 Commissioner Levinson Zone 3 10/31/06 Commissioner McCarthy Zone 4 10/31/06 Mayor Perlmao Zone 5 10/31/06 Commissioner Costin Zone 6 10/31/06 Commissioner Archer At Large Representative 10/31/04 Commissioner Levinson At Large Representative 10/3I/05 Commissioner McCarthy At Large Representative 10/31/06 Mayor Perlmao Student 10/31/04 Commissioner Costin Student 10/31/04 Commissioner Archer EXHIBIT "B" Applicant Occupation Subdivision Zone I George Braverman Retired Marketing Rainberry Bay Frances Chassen NA High Point #7 Gerald DeFoe Sales Manager Country Manors Alice Finst NA Chatelaine Hansford Higginbotham Management Consultant Lake Forest South Sandra Keener Marketing/Communications Saba1 Lakes Jayne King Teacher Chatelaine William Milner Field Representative (US Census Bureau) Chatelaine Scott Zubek City Planner Waters Edge (City Employee) Zonel Robert A Gillespie Realtor Sherwood Forest Stephen Lampe1 Asst Controller Hidden Lake Charles StraYino Fire Battalion Chief Sherwood Park (City Employee) Sheldon Wei1 Retired-President/CEO Fox Hollow Zone 3 Shirl Fields Jewelry Designer Andover #3 Milton Kay Sa1es/Marketing Andover #2 Susan Kay Case Manager Andover #2 Karen Lustgarten Teacher/Commurrications Eastwinds at Crosswind Zone 4 Charles Augustus Retired-Teacher Chevy Chase Lane Cartee Educator La Hacienda Cory (Caroline )Cassidy Administrative Coordinator Las Pa1rnas Mike Cruz Engineer Lake Ida Properties Richard Edick Management Consultant Ocean Apple Estates Cecil Jamison, Jr Architecture Del Ida Park ZoneS Marilyn Alford Neighborhood Organizer Odrnanns L'Tanya J Allen PBC Sheriff's Clerical Sunset Park Delilah Austin Program coordinator Groves of Delray John Bennett Retired Attorney Ocean Breeze Estates Evelyn Dobson Community Assoc Service Town of Delray Bunny Elrod Realtor Town of Delray Gail Lee McDermott Architect/Marketing Osceola Park Janie Ramirez Hairdresser Strickland Samuel Resnick Code Admin/Engineer Pines ofDelray Virginia Snyder Private Jnvestigator Town ofDelray Pamela Williams Administrative Assistant Town of Delray (City Employee) Minerva Wilson Housing Mgr Town of Delray Zone 6 Fred Fetzer Marketing Tropic Isle Gerry Franciosa Retired Law Enforcement Tropic Isle Nancy Schneider Flight Attendant Lowry Park Estates James Smith Controller Banyan House Harvey Starin Realtor Pelican Harbor Teresa Travatello Advertising Consultant Palm Square At Large Representatives Mike Cruz Owner of two - 10 urrit complex Jayne King President - PROD Alice Finst President - President's Council Roy Fraker Chamber of Commerce Students Gaubert Alexandre NA NA Charline Guillaume High School Zone 5 - Osceola Park Edcy Jean High School Zone 1 - Chatelaine Aaron Larkin High School Country Lane Estates (RecollUllended by Atlantic High School Guidance Counselor) Allison Mattocks NA (Boynton Beach) Donald Paul High School Zone 1 - Chatelaine Raymond Schillinger High School (Ocean Ridge) Aaron Ussery High School Zone 5 - Town ofDelray (RecollUllended by Atlantic High School Guidance Counselor) - ~. . , CI7Y OF DELRAY BEACH, FLORIDA . Neighborhood Advisory Council GW=STREAl.fBlVD. -- --It - Appointment Zones - . .! ! ! L..1lICANAL L. '" ." ! 1 :z ~ $. LAI<E IDA G) LAI<E <P< ROAD c-.. J :-.:-" .._...;.....r.._...1 I N.W.2NOST. r'-" ! i ! .. L.. &.....-.. ..-..-..-..-..j A7l.ANIIC AVENUE 8<l6 Il: '1 r'" ,.., .. ......i ! .. .. iJ i ..-..j @l !!! !!! I::l , .. .. ~ j!; .. " '" '" .... ~ " " ... S.W. ftITHST. Il: LOWSOH. BOU.EVARO '" .. .... ~ '" ... I '" " ! :i ~ ::f "t <J '" /J/I/fJII IOIILfVARD " f' 9:0 5 UNfllN ."i ,'.., "- 1-.. I . ~ . I i : i . I i : LJ@ .. I I :z L'" CANAL c.f.$CNW. .... UIDIn' __._ @--- ~ . I """..... I _.......,- ClT'r'LAITS ........'. ClTYOF DaRAY~ R. _ SCALE Pf.ANNING & ZONING DEPAIfTIIENr .ItA. V 2003 DftAFTED BY: SA Z~ ASS.I'LANNER ..DGlTAl.MSE aMPl'STBf.. IIN'REF..UMf. 09/24/03 lED 07:52 FAX 581 243 3774 CITY CLERK Ii!IOO2 p',M-P5 - oWed-- llli~ CITY 0' DELRAY BEACH BOARD ft4IEMBER APPLl~ATION , "" locale 200' ~ . ilUODIl&uon: ~! ILL 2. Home Address: S\!t Zip Code , \~i €.- n.eo.cJ" "'\~ Ll 3. Legal ReaJdence: Stale Zip Code ... PrilldpaI Business Address: Ciq State Zip Code '5~ tU t1.i>li V L..> 5. Home Phone: Business Phcme: B-Mail.Addrus: 1"sx: ~\ '....'1'lO II 1,,-1,\1.'-' 6. re you . registered wid? Ifso. wl>= ~JOU tegi~ . !Iv 7. What Boonl(s) ... JOlt imacsud in seniDg? PIcase liSt in oaIer of pid'er=<e:, , - 8. ~ all Cil)" Boards 011 which you are pomouslr served: (Pleas< iDduclc Utes) . 'J '. J 'A( '9; " 'Educ..tiODOl rl~as: 10. List any felated professioml ~eni&auons and 1ictnses which you II9Id: -e./ 12. Desaibe ~m<n. WlJs IX" bCl'lllledge..mic:b opIify JOlI tjO __ on dais . (PIcue aIIlICh. bdef-O> - , 1 had>y ccnily that all the aboft .'-' .". ate...... and 1 Fe and Wt..,... . w_ ollft~l facts m~CftmqcauoelarfeilureuptNlllJ1ponof""~ . ., ,llmayrcccm. -:.,- ~ 10 {i\.i9[o...... 51 NArotm DATE . Note: Thiupj>lication wi1I tCmain on li!idn theCiiy ClaIt', 0ftH:c (on paiod= m.mtbe daten.... . aubaUttcd.lt will be the appIk:ant', JaPOIISibiIity to _ that. CImaIt lion is on file. ~- y 7(,/-"'- ~~~t! A> ;</llJ"rht7~cI .. t'\3Q 1"/'- z..-e...... '11Ir CITY OF DELRAY BEACH Z:Jne 6 ( BOARD MEMBER APPLICATION 1993 oJmQlJl1S 2001 , ! Please Iype or I>dnt the CoIJowiJur iDComIatioa: 1. Lut Name: ALFoRD Name MARILYN N.L E. , 2. HomeAcldten: 31 NW 14th Ave. City DELRAY BEACH SuteFL Zip Code I 33444 I 3. 1.cpI RaicIaIcc: SAME AS ABOVE City Sure Zip Code I I of. PancipaJ B\IIincss AddJas: StallC I City Zip Code 141 SW 12th Ave. DELRAY BEACH FL 33444 , 5. Home Phone: IlUliDcas Phone: E-Mail Addras: CcD Phaoc: Fax: 278-3096 276-6755 ~rllynagain@aol.c IIIl 279-7606 6. Are you . JqistcmI vOla? Jf where ~) YES ~ffA BEAcJr~ - DiLRAY BEACH 7. Wha, Board(s) 1ft JOU iDlaCRCd iD 1CIYiDg? PIeue list iD Older of ...""-_ J.LeiGlL L -'- ..J 41 \/ j<"n l" U C 0 u. '() (I. : \ 8. lJa, all Cirr Boards ClG which you ... CDIICftdy ....u.a or have IaWlI: (PJeue lDdudc daa) ( NUISANCE ABATEMENT BOARD - 2001 9. Educalicmal quali6ealions: SOME COLLEGE 10, List any rdated professional ccnilicaticms IIIcl JiccoSCJ which ~ hold: GRADUATE STUDENT FROM THE LEADERSHIP DELRAY PROGRAM, DELRAY RESIDENTS PROGRAM & THE PALM BEACH COUNTY RESIDr..u" A4L .1.. LUUL 1 t. Give your ptaCDt, or most RCCIlt cmpIoJu.1IIcl poIitioa: llEIGBBORHOOD ORGANIZER MAD DADS OF GREATER DELRAY BEACH 12. "-t'lDc Dp'""~ ., aIdDs <<"'r't,. wIlieII rpliffJDllIO _ CIG dU boasd: (PIeuc...a. bdc(_) I'VE WORKED IN THE llEIGBBORBOOD BUILDING CAPACITY FOR THE LAST 5 YEARS. lhaebyccnifywulhhuboft ~'''-...IIlCIIIpeCIIlCI-'''' ""......,-.. _ft. 01-.....1 &as -.....---......-....."..... z;;:;- !!h~~c.l7f~/j . q 03 SIGNA DAtE I ( NOte: This application will remain on file in the City Clerk's Office tor. paiod 0(2 JaIl from the date it was submitted. It will be the applicant's ~~ tD eu= that. '........L appli__ it on &Ie. ~I. -~ ~1'Dt RECEIVED SEP '0 2003 CITY CLERK "-.r-'. ..,_..... ~~.. _. '.." ---.~_._._-.,...._. -'. ,...,.<_.~. ..--....- --.-. w...,___~__..u.,.._..__.__~._,._ 9-~'1-o$' DB.ItAV BEACH P/3CShf'r;p -- t2/'€/', 'c&L CITY OF DELRAY BEACH , III J! BOARD MEMBER APPLICATION LOne 0- 1993 2001 ~n6d-f?u.k Please type or print the foUowinl! information: 1. Last Name: A Name t '7.ANY A MLJ LLeN 2. HomeAddress:/O/4 MAtv'&o DI?/ V€. Ci StatF L ~E~1f tyD~J..JlAY BEAc-1-f 3. Legal Residence: City State Zip Code SAM c 4. Principal Business Address: City State Zip Code SA-ME' S. Home Phone: Business Phone: E,Mail Address: Cell Phone: Fax: S(pl-~Sg -4314- rn-s_Jrnj 4 4J~d.lA1 iPl-I/iq-JQ57 6. Are you a registered voter? V E S If so, where are you regisrpp!!- . FA I Co .... A - UiZLIZA^ll&MM'/YCTli: 7. What Board(s) are you interested in serving? Please lis% order of preference: /Yel/JdItI'k>Qj) 70VJStJ/ty (J,P,A/'M? 8. List all Ci~;ards on which you are currently serving or have previously served: (please include dates) oAlE 9. Educational qualifications: I BASIC- C?6~/../E'c.e t!..odR:aES /lAve lMo 50ME . 10. List any related profes~ certifications and licenses which you hold: . M'A . 11. Give your present, or most recent employer, and position: P8e.SltP/vPP!5 OP/Ztfl'; t!~E.AICA-/.. &~I.4t./6r 12. Describe experiences, skills or knowledge which qualifY you to serve on this board: (please attach a brief resume) / HAVe .4 G13Nt.J/Alc:. OG6/)(! .e= '" B13CtJMIE No~G" CtI.A1/11t1A/Ir( //l/YtU./lel> I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ~/~(l.. ~ q-:2./f-tJ8 SIGNATIJ , DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ens'flfe~cation is on file. S'\ClTYCLElI.K\BOAlW\AJ'fUCATlON SEP 'I. 2003 r.ITY CLERK 9 ->>-d.5 DElRAYBEACH Jew:.A<er . , . . . . .. - CITY OF DELRAY BEACH " II ,! BOARD MEMBER APPLICATION z'ne '1 1993 2001 ~fVY Cht26 e. information: 1. Name r-\e.S M.W 2. B~ro. ~eac., Zip Code 3. City Zip Code 4. City State Zip Code 5. Business Phone: E-Mail Address: Cell Phone: Fax: J..78,.O 'fO 6. Are you a registered voter? e~- 7. 8. List all City Boards on which you are curreody serving or have previously served: (Please include dates) N ....e- 9. Educational qualifications: U . - M 5 IV..' Co. 11. Give your present, or most recent employer, and position: ""Te.o...c.. er-- . 1 W'\ t:rvt- . I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause !Or~ upon my part of any appointtneot I may receive. . bfi.V Iq ;).003 I DATE Note: This application will rem on file in the City Clerk's Office for a period of 2 years from the dare it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. RECEIVED SCITYCLEIlK\8OARD\API'UCATION SEP'12 2003 . -., l.:lTI l.:~K!\ IiQ002 1U/U2/U3 TJiU 1.1:U..1 J<AA atH Z43 3//4 .. _:. . _. .. /O-G-a.s- bF''''y Bf.\CH to Apg /?21y\ / r..... . . . ~oordtn~r' *...** A1l-America~ ." II ,. , CITY O~ DELRAY BEACH . BOARD MEMBER APPLICATION 1993 ""7-:'n .0 2001 <:>>" '-' Name' 4, Principal Business Address: City Zip Code - 'fr)d.06-.. ,be./rtl-l &adv :3 E-Mail Address: Cell Phone: Fax: "" ..",', '.-" . ,;," , 9.': Educatioria1 10. List an . related professional certifications and licenses which you hold: ~ .12. Desaibe experiences. skills ex .bow1edge which qualify you 10 _ on chis board: (PJcasc: attacb a bile( resume) '....,.~ ,.L;:.':~',,>.-: .~>,...~ .._._~ J 1iCttb}> cUdfr~t tbe~~e.meill;s....~aDd J ape aDd andcnw.d mat any IIlIsscatcm=t of 1D2teriaJ factS ;coziiairied in chis application 1D2~ ~~ fo:f~~.."J'<'D~tw.!ofllt1y~egtJ ~ ~e. . .,-.,......,.. " ~ ' , . .1'......" .... ", ,', ." ,,',,'o"/J..Z9A3 . '<I - .,_,":' ',,'_'_'_,.'.j..., _,_'",_ _'_ ",' ," ... ',' ._ .' .'. SIGNATuRE .," .. . .... , , 'DATE I ". . Note: This application will rctnain on file in the City CIcrk's Office, tor for.l!t~ . 'f~m the date it was submitted. It will be the applicant', zesponsibiJjty tQ ensure d1at'i'~.ppIicallon is on file. . ~TION ,OCT ..6'2003 , CJTY CLERK' About the Director Delilah Austin was born and raised in Pensacola, Florida. . She attended Hampton Institute, Hampton Virginia, where she studied Nursing for 2 years. After leaving Hampton, Virginia, she moved to Chicago and lived there until she retired to Boca Raton in 1996. Delilah owned and operated a janitorial company in Chicago for 15 years. ... She worked as aReal Estate Specialist at the Department of Housing and Urban. Development.. When she returned to Florida she volunteered at City Hall in Boca Raton until she decided how she was going to give back to the community. Delilah has a great passion for helping children, especially at-risk children and the abused child. Delilah's community affiliations include: Noontime Kiwanis of Dekay Beach, Palm Beach County Literacy Coalition and SAE: Board Member - DelrayFull S.ervice Center.. Currently she works as a Program Coordinator for anon"profitagency in West Palm Beach where she has been for the past four years. Delilah earned anMBA from Roosevelt. University School of Business at Chicago and an Undergraduate Degree. in Personnel Management from the same university. Delilah Austin P.O. Box 1697 Boca Raton, Florida 33429 (561) 266-9234 Highlights of Qualifications Able to plan, prioritize and implement activities. Experienced in assessing the needs of duties. Well organized, accomplish tasks in a timely manner. Utilize sound judgment in decision making process. Excellent analytical and problem solving abilities. Ability to mobilize strong community support. Thoroughly familiar with Palm Beach County resources. Professional Experience Developed and coordinated numerous training programs for parents and teens. Prepared reports for City and Federal agencies. Teaching Taught children, ages 3 to 5 years, in a Palm Beach County licensed care center. Taught parents to teach their children, ages 3 to 5 years, model learning and playing in the IDPPY Program. Tutored children, ages 6 to 9 years, reading and math. Worked with small groups consisting of children of similar developmental levels. Planning and Supervision Planned a full range of activities to assist children in advancing their social and motor skills development: art, story telling, music, excursions and supervised play. Parent Contact and Staff Relations Participated in staff meetings, addressing problems including family relations, staff cooperation, community support and problem issues with individual children. Education HRS 30 hour course Palm Beach Community College Boca Raton, Florida Bachelor of Science in Personnel Management Roosevelt University Chicago, lllinois Master of Business Administration Roosevelt University Chicago, lllinois Affiliations Kiwanis Yes! We Can, Inc. Big Brothers / Big Sisters Americorps Member /t:J-I-t?5' t?eI-:r-eol Af'J .~ CITY O!.!.Q,E....Y 'UG,N ,,','. ;""".':.:. ':",,~';""'..., -. ....... -' , -'. .OAIlP MEM.I,ESA'PL.ICA1;li()N Q . . .' ...... ......... '. Zone. . . Pbsc!We Ql' orintdle (oil . . . 'PD: . . cte'Q:r) ~e~e GJ, t. LUtName:---z:56v'/c ;~aine 70HN M.1: . , / c.w. .2. Home Addiiess: . . (c::lj:y , "S.te . i~<?CIcle 13'7- s <5':h!r4~ A.k . Oei~~ &'~ rz- 73yPJ . 3. Lep1 ReSidence: .,'Oq 'State ZipCodi S'~? . .. Pm~palB"sinessAi:Idiess: , \'~" . State ZipC04e ,-,'-"'<'; Al/A (14/';-d a.1kn,~) . . --- 5. Home Phone: B~ess PhOne: s,.~i~<I<l~i: . f:cIlPhoge: Fax: 27'i-gK6o - ':';.};~.(clel(~e<l<l{.... '-1/4--8160 . 2':J4-71.-Sr . 6. An you a regis~~"otC:i? 'm~;~1.In:YP\lRgii.? ya . .7>~,M-7 lf~ . .' \7: Wi!atBoud(s)anoyouin.tedinsiorVing?PliiaseiIiltrii)\~iOf'~.....:e: , . . tVa.;~~i:w-J....r ~vtJ~ ~,-<../fJ Be>4,..,( <>f-~wI;.,4-1- ,Nt.uf.~<--A6c--&.~ 1?<M.,.,,( . a Osl aU Ciq1BQardJon.wJijCllyjlu anoClln'endy siorVingOilia\feFcVl~;1C:I'YeI!i (J!lcase"indildeda~) 'j;.~~;J r;c/t;Ao '1?JIL ~ (w-c> f) VJS,'.n.sz,%SkuJb &..._:1I"u ld)/-07.. 9. EQucarional qualifications: .' t': ~..,.... U~,::,~ /.a...J '. B,A. (wl/,n~t..iJ.n,3Y-Io) S~h.n.""<.. (.,./~; 'J. b. ~ . . ~/.--I LL...~. (/h,14YJ7t, 4- U,.,Jl".......ri..... . to. List any relatedpR)!esSio~'~CatiOnsandlie"""'$!.9byouhPlil: ,.. /' 75,J),.,-d- .,/ r".,J, .L. :z?~/ , It. GiVe your'puseR!, oriDost~~temployef.andpQ$iqQn: . . . . ... u.s. N,4vYj S~ ;!<IlX-<'" A-Dvo~ ~"'A>4l~ NAV.M-' ~t" ~roN / f~Desc:dbe ~en~.1IiiIls orknoWlcdgCwbiChtpJily:YOU;lD~'CIll'diiSboadi ~'-= abr.iefreswne) ~ ~16:d.ol . . . . . . .l''-I>yeertify ihafaU~abOVeala~cms.ue'~an;d)l~iana~"c;f~;~'aI1yft\it""~'otl'l,""';~I'facts. ~in dtiuppIicaPOlI mayeausc ~eitUrCuponmypp,rt.Q!I!l1'''PIPil. ",,,.il may receive. ~4_ ~. . .... tJJc.h~ f) 'lgt)'3 . $1" . . TUII.B . .DA:'J'E . '. ". Note: Thisapplic.uonwill remain onEi1e in me City ro~r'~~::~tbeclate h_ "', . submitted. It will be die appIicuu1uapnt>.iJ.i1ity'1D.__ .a '.' . Uon!ison6Ie. '.........~ OCT"ZOO3 r.ITY r.1 FRK JOHN C. W. BENNEIT 137 SEABRFF7.F AVENUE DELRAY BEACH, FL 33483-7017 . COMMUNITY ACTMTIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Formal: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFIUATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL OUALIFICATIONS FOR SPECIFIC BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community thI;"ough service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. 9-/6 -0.:} ~-I-;"ed ;/Jwkelt CITY OF DEL.RAY BEACH BOARD MEMBER APPL.ICATION LOt)e / Please or rint the foil iDfozmation: !?a,' t. LUtName: gRAv'~l2 MA Name c.e:()~G 2. Home Address: 2%~ N tV / ~71l ~/ CityDEU BEK.H S~L ~~~ 3. Legal ResidenceS cG Af3;bVEf City State Zip Code <t. Pmcipal Business Address: City State Zip Code 5. Home Phone: Business Phone: ~Ma.iJ .Adclreas: CcIl Phone: Fax: 5{PJ d,7(P-5FJ,3 13~AVO J4-BWo!57r. 6. Are you a registered votC:i? " I!!S H so, where are you registered?DELt,q BG.c +I 7. \l:'hat Board(s are you interested in serving? Please list in order o(pn:(erence: f)O I 8. List aU Cit), Boards On which you are CUtteIltly serving or have previously served: (please include dates) 9. Educational <JUaIiflcations: '55 BDSTDJJ V N I V. 10. Un an)' related professional cenifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 1<E'T/12cD 12. Daaibe ezpetienees, skiI1s or knowledge which qIWify JOU to serve 0II1his board: (Pleue attach a bJ:ief resume) SEE ATTACI4.6b b certify that aU th above I1atements are trUe, and I lI&ftC lIllCIemand that any us'" ,rat o{m,t-;ol factS in this appli may cause forfeiture upon my part of any appointwen;/fjl.!:;, NAnJRE DATE I I ote: This application will remain on file in the City aerk~ ~t \A@i of 2 years from the date it was submitted. It will be the applicant', responsibility to ensure t a current application is on file. SEP t 6 2003 ~1DI CITY CLERK Wrlte AD..- -... . friday, SepIomber 12, 2003 9;35:08 AM ' Paae 1 of 1 WebTV Ndworb ,.. -1M mal ' , ~,!,:"~~ Write an e-mail message From: bravol4@webtv.net. () ................................................................................................. To: Karen Schell ................................................................................................. Subject: George Braverman Brief Resume ................................................................................................. BS: Boston University - Major Marketing! Advertising - Advenising & PR Manager: €ity Lumber Cotp., Bridgepon, CT nationwide distributor of building products BBDO NY: major international advenising agency - account executive on accounts: Pepsi-Cola, Armstrong Floors, American Standard, US Steel, DuPont Lawn & Garden Products GBI Group, Fairfield, CT, president, advenising & PR agency. Multiple accounts: St. Regis Paper Co., Weight Watchers USA, Kraft Foods & more ----- Section Editor: Home & Gardens, Connecticut Sunday Herald American Home Magazine, NY, director of marketing & promotion FINALLY: Retired George Braverman 2588 NW 13th St. Delray Beach, FL 33445 561 276-5863 OCT-02-2003 01:45 PM L.Co.rlee 5612721866 P.04 i //)-Pl-O~ , i .EJc).CoJcr Mm I I I CITY OF DELRAY BEACH I. 'lilt . . BOARP "'IMBER'APPL.l~ATION20he 1 I , 1'93 I ' , Lq f/q e ven/or 2001 I ,. 3. Lcpl JWidence: .. Plindpal Buslneu Addr II: Ciry State Zip Code 5. E-M&.I1 Addre..: Cell Photle: Fax: lane lee - If '0, ..mete are yo" !C(Ii,rercd? ~ 7. er o(~e: 9. ucaciooal quall6uliont: 10. 11. en\, or m st recent employer, and posilion: 12- ceo"", WII or kn<1ovIedge 1I1hieh cpWify J'OllIoO .....e OD dUo boW: (plc:ue IUXh a bile reswn.) IUtemena are tNe, lope lAd UDCIentIftd tftJ tIIII"wmeat 0 _......;..1 y ea...e f'orfeItuft IIJ'OlIIII)' put of orry oppoinSetlt I may reedYe. --- / o/.)/~ 003 DAn Norc: nus application ..uI &in Oft file in the Ciry aerlr.',~~of 2 yean m the date it..... aubmlned. It will be e applicant', responaibiliry ro appIlc:acion is On file. 1G"I1---'~.~lIDfC OCl -'2 1003 CITY CLERK I OCT-02-2003 01:44 PM L.Co.rlee 5612721866 P.02 , Me. Lan~. Carl~ 734 South e Avenue. Delray Beach. FL 33483 (561)277- I ' , , The NelChbtoocl AdvtHry CoUDCJl l have'IWed tn e- North Fedend HIghway Contdor 8ln:ce 1978. I wouklj be pI1V1leged to assist In any future planning. I I I Education t Nova Untvers1 DaVIe. FlOl1da ~ CerWJcat1on: - m.In1stration/Supervls(on 1987 I -~"-. Sfate8bOl'O. tgta Masters in Ed cation. major: SpeoIfte Leamlng DIsabilities. Grades 1-12 1971-1974 I ! u_~ ClneJnna:t1, to t:lacbelor of Sc ence. maJor: Elementary Uueation 1968-1970 I Untverlltly or..!.mpa Thmpa. F1; ~or: E1e tary EduC'.ation. minor: History 1968-1968 , , I I El[perlenc~ Landlord of Restdential PrQperties Present I I nle S<-hoo( ~tr1ct o(PaIm Beach County Palm Beaeh unty. Ftot1da Last P08(Uon . District. Re8o$ Teacher for the Physl('.aUy impaired Program of the School Dlstrlct of Palm Beach County Auflust 1977-..1 <II 2001 i ! i I I I I ~ ! i ; 5612721866 P.03 OCT-02-2003 01:44 PM L.Carlee Ms. Lane Tj Cart~. page 2 lUcker HIgh DeKaIb Sch De<:etur. Teacher of V, August 1975 Jacob G. Slnl h School \ Chatham Sch r District 0, Savannah. rgta Teacher fOr M tt-Hanclicapped cla8s, Mclitlonal ClaS86s August 1971 - August 1975 i , Cert11lcaUo /Current Memberships State ofFlond . July. 2002-July. 2007 Early ChJId tion. Birth - 3 Elementary cation. 1 - g Specl1l.c Le Disabilities. K - 12 Admfn1stratlo and SUpervision Eng1ish as a ond Language i Counell fur ~g Disabilities , , FACE-florida 4s8Oclation for Computers In Education , , , Counctl for ExfPtlonal Student Education DtvIslons Physical and ~th DIsabilities Teclmology an Media Development RESNA I ! RehabililatiO~ring and .A88lstlve Technology SocIety of No . Amenca I Doberman Res</ue Coll<lern. Inc. ! Mounts Bot.an1~ Gardens ! i i ! , I , I I , I ! ! ! ; I I I ! i i I , , i /0 4-a5" OB.RAV BEACH A/min c"palncr.J. . , . . , . .. ....... film CITY OF DELRAY BEACH BOARP MEMBER APPLICATION 1993 b:J/"le 2001 Please e or rim the follo information: .:5 1. Last N'lffie: Name ,I. Cassid Cor P. 2. Home Address: City State Zip Code 424 Palm Trail iJDelra Beach FL 33483 3. Legal Residence: City State Zip Code Sa lIle 4, Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 278-0150 2 -6760 OR526 aol.com 6. Are you a registered voter? If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: 8.' List all City Boards on which you are currently serving or have previously served: (please include dates) 9, Educational qualifications: . , 10. List any related professional certifications and licenses which you hold: . 11. Give your present, or most recent employer, and position: Smith Barn - 1 . 12, Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this ap lication may ca\!se forfeiture upon my part of any appointment I may receive, 01C~IO:l~ DATE Note: 'Ibis 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 responsibili~lt€&nt application is on file. S\CITYCl.ERK\BOARD\APPUCAllON OC1 :;92003 ~ITY CLERK ------ Cory Cassidy 424 Palm Trail Delray Beach, Florida 33483 Telephone: (561) 278-0150 PERSONAL RESUME . Place of Birth: Grand Rapids, Michigan . Education: College of Hawaii Pacific . From 1974 to present date, my family and I have lived in our home on Palm Trail. . My two children attended St. Vincent Ferrer School and then attended Pope John Paul High School (Boca Raton). . Member of St. Vincent Ferrer School Board for 4 years. . Involved with Pope John Paul Parent's Advisory Group and fund raising projects from 1992 through 2001. . For the past 10 years, I have been the Chairperson of St. Vincent Ferrer's 3 day carnival/festival that is held in conjunction with the St. Patrick's Day holiday. . Owned and operated Doc's Soft Serve Restaurant . 1983 through 2002, coached Delray Beach Recreation League Tee-ball and Soccer teams. . Active volunteer for 10 years with the Delray Beach Caring Kitchen and Food for Family's at Spencer Pompey Park. . In 1994 was one of the founding members of the Palm Trail Homeowner's Association. , '/-If} -c?:J - ,. CITY 0' DEL.RAY BEACH BOARP MEMBER APPLICATION N~e 2- Oq I 3. Lep1 Residence: Oq ~/PYlC .. Pmcipal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: hf- fS'"'i7o Sl,(- 'i~ 'b3dJ. ~ An you a Rgistered voter? E..5 P 7. cnJItlCfL.- 8. lJat all Cil)' Boards on which )'011 ue aurendy aervin& Of have plftiCNSly HIVed: (please include dales) 9. Edllcational qualifications: (0 L.- ( t.~ G C J O. List In)' related professional cerUfications ancIlicenses 1ft'S .<) bf b r~efS1 el(..s - See J 1. Give your present, or most recent employer, and position: J2. Desaihe "7rirnces, aIWls or bowJeclse which qnaIily JOIIlD acne on tbis board: (Please attach a bzief_> ~E5. hili V'7/Y <! I ~'"- J hereby eertify chal all dle above _ems ue ClUe, and J..- and -~ ...l>oIId that any IIlissalemenI 0 ____.1 faas ~ appIicatioo may calOSC fodeiUIIC upon my pan of any app.' I 0 JJ:. neeive. CLc...~. '9:'1 D-2J SJG 1URE DATE Note: 1bis application will mnain on file in dle City a:t=t~VMcl of 2 yean from die date it was submitted. It will he dle applicant's responsibility t . cunmt application is on file. t 2 2003 · ~1Dl , SEP -.--.." CITY CLERK 10/02/2003 12:44 FAX 9543607081 VALVE RESEARCH I;!) 001 IC......<'" S~"'ell /tJ-,;1. -of A+t",: Enj;n-e-e I 01:1,114'( BEA.CH , ~ .. . . II . II:ldb:1l i'liiiI! CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Zon ~ -1 1993 Lakefiq 4fl<,A 2001 Please ::'Ee or orim the foll informanon: ~*,.c . 1. Lu'( Name:: Crl.lZ Name /1;l"e. MI.p - 2. HOrJ< Address: City State Zip Code _l51i9 IV. s: _ i... +"., Ave, D.=I...... l)~..,L.- FL '3S'l'i I.{ 3. ~:"l Residence: City Stare Zip Code S,,_"" 4. Picl:!cipal Business Address: City Stare Zip Code "/... 5, Ho;,~< Phone: Business Phone:: E-Mail Address: Cd! Phone: Fax: 'd.:;11.1 ~ "u',n" '7>,1. 'I).. 7-0 ";01 ... "e,...~ (i) ~.., I /l.....,lf,. S'c. ,. ~"CI- x2 c -,,+ 7:1,,"0 6, Arc; rou a registered voter? If so, where arc you registered? ~I- 5~.." c 'y yc~ 7. 1X1,al: Board(s) arC' you interested in serving? Please: list 1n order of preference: /.J €"; 11, l:..r~oo~ - A,)v"Sor -I (<:1......< i I 8. L;" :i11 City Boards OD which you arc currencly serving or have previously served: (please include dares) , - .... 9. E,~;:;tionl1J qualifications: '~ L......,(~,-I.:., "'.....:...e~; Ma, (.".J.do,. o~ r~i' ,e .,n.. U...V "'~ 10. L.s :':;;,y related professional certifications arullicenses which you hold, 11. Gi'l'c: your prese1.1't. or m()st recent employer) and position: ,., v~l.... fi:-....e~...'-L, A J-<-"- . r',' . V. P. .~ J;.. ~ '".....;-~ J " 12. Dc:~:iib<: o.perience;~, skills or knowledge 'Which qualify you to serve on this board.: (plea.se attach 'a brief r~swne) _ h _ re:r; ol. -I ....f- n.t,. (\~~_l,' ....~.... _ ~...,,,,,,,___ "",-.,/....{I. T Q II . "'L.:',,!< ,""I... .rr/"_' /"'u"L./., , .~ rc D 1 . C..,r~.._-r ~...~.i..le.T , . ,-...p. /.-q, }C e r cA..- P"'....,..,I- "" CJ ~",~"'.s ASfoC. I hc:n:b)-:l;.~rtify that.all the above ~tiLtemellCS are trUe, and I agree and underfita.nd that any misstatement o(matcrial factS eon;O'}~7Y caWie forfeir;w;e upon my p.n of .ny appoinln1en< I m.y r~eeive. ~2...J.A' 10 -/ --0 :3 SIGNJC'..'llE DATE Noce: This applicarion will remain on file in the City Clerk's Office for a period of 2 years from the date it was l:ubroined. It will b(' the applicant's responsibilit)' to cnsUIc iliac a CUlTent application is on file. RECEIVED ~CLERJ(,\JIOJ\1U.'lW'JtLlulrot'l OCT -2 2003 r.ITY CLERK Palm Beach County Property Appraiser Property Search System Page 1 of2 Gary R. Nlkollls, CFA Palm Beach County AppraIser Public Access System ~ Property Information location Address: 1510 N SWINTON AVE I Show Map Municipality: CITY OF DELRA Y BEACH Parcel Control Number: 12-43-46-08-21-006-0100 Subdivision: SID OF 8-46-43 DELRAY BCH Official Records Book: 11514 Page: 809 Sale Date: Oct-1997 legal Description' SUB, ~F SECTION 8-46-43 S 123,7 FT OF E 193 FT OF N 1/2 OF S 1/2 OF , TR 6 LESS E 30 FT N SWINTON AVE R1Wl Owner Information Name: CRUZ MICHAEL Mailing Address: 1510 N SWINTON AVE DELRAY BEACH FL 33444 3058 Juownn..1 ~2003 Proposed Appraisal Improvement Value: $181,125 Number of Units: 2 I~I'IIL..I land Value: $285,000 Total Sq, Ft: 3763 I Exln". I Market Value: $466,125 Acres: .45 I und... I Use Code: 0800 Description: MFR < 10 UNITS 2003 Proposed Tax Ad Valorem: $4,249,98 Non ad valorem: $158,00 Total: $4,407,98 I D4tt!lIL..1 2003 Proposed Assessed & Taxable Values Assessed Value: $202,677 ,00 Exemption amount: $25,000 (2003 Exemption) Taxable: $177,677.00 2003 Exemption(s) Homestead Receipt#: 0190164 Exemption Address: Regular Homestead: $25,000 TOTAL: $25,000 1-IL..1 http://www.co,palm-beach.fl,us/papalmain/detaiUnfo,asp?p_ entity= 1243460821 00601 00 10/10/2003 Palm Beach County Property Appraiser Property Search System Page 2 of2 Sales Information Sales Date Book Paae Price Instrument Owner Oct-1997 11514 809 235000 WD CRUZ MICHAEL Oct-1997 10044 0809 235000 WD Mar-1996 09229 1485 165000 WD Dec-1995 09053 0193 100 CT Dec-1989 06295 1346 200000 WD Jul-1981 03565 1272 135000 WD Jan-1979 03105 1780 85000 00 I Print Information I I H~Ck L I Search I I Search Result I ~^ ..:;:' , "'_Please send us your ffffJJ!ll!!r;!! Copyright @2002 by Palm Beach County Property Appraiser All Righla Reserved http://www,co.palm-beach,fl.us/papa/mainldetail_info,asp?p_ entity= 12434608210060100 10/10/2003 q -JlS-a:J DEUtAY BEACH 6cJeb /J1[Jr' -- CITY OF DELRAY BEACH " II J! BOARD MEMBER APPLICATION 24/?e I 1993 2001 C?a /'lit /Jkl1tJ0 information: Name M'l? 2. Home Address: ). ;;? II! S tey, Zip Code ,..,1 ,)l!. 3.1Ji 3. Leg>ll Residence: State Zip Code Sa )1{e, S i' h.f!. flo/He. 4. Principal Business Address: State Zip Code Mil ;Kit /fJp 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: FJiI,f tr/'J-'j q 5'9 'I Nfl /J/Ji /'1./1 6. Are you a registered voter? , 7. 8. -yU sf: )) ~ ' :e1Jf k" 9, "" 10. List any related professional certificatio,M and licenses which you hold: G3Jd; /t/z''jI!!JI- ire ~"'~$~1"-r > ~$ ;fe, /~uIIJJrt!--e 1: 6 ~d-h 1-: -t1e. ~hd rf:'7fu ItfU, e. 4- 11. Give your present, or most recent em?;yer,and position: - J. s S''ii ".t. ,.. Note: 'Ibis application will remain on file in the City Clerk's Office for a ~~~ears from the date it was submitted, It will be the applicant's responsibility to ensure 8.6 'Dion is on file. . . s.cnYCl..I!RK'.BOAIW\APl'UCATJON SEP'2 3 2003 CITY CLERK Sep 24 03 04:44p EVELYN S. DOBSON. 561-912-9076 p.l ~: ~ DElRAY BEACH 3r'~ ..... 9~,;l5~ AI"" . ....CiIy CITY OF DELRAY BEACH C1hm"" :.)'/ " II J! BOARD MEMBER APPLICATION A:;~c:fc. 5Prvl '&.e. Zone., .5' 1993 2001 kiwll A2 hj~ Piease l.VPe or print the followin~ information: 1. Ust Name: Name M.I. I DOBSON EVELYN S 2. Home Mdress: Ci SUte Zi Code 130 NW 3RD AVENUE tyDELRAY BEACH FL 3f444 3, Legal Residence: Ciry State Zip Code SAME AS ABOVE SAME AS ABOVE SAME SAME 4. Principal Business Address: City Sute Zip Code 951 BROKEN SOUND PRKWy ,STE 250 BOCA R,A,TQN FI, 33487 I 5. Home Phone.: Business Phone: E-Mail Address: Cell Phone: Fax: (561)276-3593 (561)994-1788 dobson@casmanag e ("",\Q1?_Qn71c '''''1 \ "7<,.11""" 6. Are lOU a registered voter? If.so. where are COU t'e;stered? ES DELRAY' 'BE,/\ JJ, L 7, What Board(s) ace you jnterested. in serving? Please list in order of preference: NEIGHBORHOOD ADVISORY COUNCIL 8. Lise aU City Boards on which you are currently serving oc have previously served: (pLease include dates) see attached 9. Educational qu3!ifications: "'"" ASSOCIATES IN BUSINESS MANAGEMENT (TO BE COMPLETED) 10. List any related professional certifications and licenscs which you hold: II. Give your ~resent, or most recent employer, and position: COMMUN'L Y ASSOCIATION SERVICES, INC. CON'rROLLER 12. Describe experiences, slciJIs or knowledge:: which qualify you to serve on this board: (PIa-sc jlttach a brief resume) see attached - I hereby certify that all the above state~ents arc: trues 1nd I agree and Wldcrstand that any misstatement of material facts 12ed in this appijcati~ may cause forfeiture upon my parr of .ny appointtnent I may receive. 1\ 4~1... J vi. .LL>. ';:/c:lj/03 -r'NJ\ryRE DA ' Note: This application will remain on file in the City Clcrk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to en~g~ ~ ijPlication is on file. S'ClTTCl.EIUOBOARD\Af'PUCA TlON SEP 25 2003 CITY CLERK Sep 24 03 04:44p EVELYN S. DOBSON. 561-912-9076 p.2 CURRENTLY SERVING ON THE FOLLOWING: WEST SETTLERS HISTORIC NEIGHBORHOOD ASSOC. PRESIDENT(approx 4yrs NW PRESIDENTS ALLIANCE PRESIDENT(APRROX 2yrs WARC MEMBER (APPROX 2yrs DELRAY IMPLEMENTATION BOARD MEMBER (APRROX lyr WEST SETTLERS ADVISORY BOARD CHAIR (APPROX 1 1/2yrs NW/SW lfANAGEMENT TEAM 2nd VICE CHAIR(2yrs I HAVE HAD THE OPPORTUNITY TO ATTEND SEVERAL WORKSHOPS AND FORUMS THAT HAVE ENHANCED MY SKILLS AND ABILITY TO PARTN~WITH OUR GOVERNANCE AND VARIOUS ENTITIES, WHOM HAS AND WIL VE A TREMENDOUS IMPACT ON IMPROVING THE QUALITY OF LIFE IN OUR NEIGHBORHOODS I HAVE COMPLETED THE FOLLOWING CITY AND COUNTY PROG~~S: RESIDENTS ACADEMY( CITY OF DELRAY BEACH) RESIDENTS EDUCATED FOR ACTION (PALM BEACH COUNTY) I PREVIOUSLY SERVED ON THE PARKING MANAGEMENT ADVISORY BOARD FOR APPROX A YEAR. 16/61/2663 16: 56 5613362646 . PAGE ~;...... L11JeV 77"""';' .k"rta€~ ~ /tJ-/-t:J.::7 n"Z ~ll\;4':..~' r.4.~~y3. 377CffYl3tbt~u/~l'\+ - .:2/J-4~.5J fiTIII Iff I CITY OF DELRAY BEACH ~ BOARD MEMBER APPLlCATION-7~n /1 1993 ~, e I 2001 / ~ information: O(!eM If? If:. e .$ I. ~anle It 2. ~~ Scare Zip Code ~ - i ~ VI.-- 33>{..83 J. l.egal Residence: Ciry Sra~ Zip Code ~. Principal Business Addrc>>: Ciry Stllre Zip Code 5, Home Phone: Busine;s Phone: E-Mail Address: Cell Phone: Fax: ~1.;17'-f '13 St.1.33017' 1'70J..-1-0]: ~M330-U 6. Ate you a registered VOTl"'r? If so, wherE: are you registered? ~ ~" 7. 'What Boud(s) aU: )"Oll inrt'ft'stcd in s-eI'\.'u1g? Plc~s~ lis!: in order of prc:&:renc-t: 8. List "U City Board$: on 'It-mrh ~.(ju ,\:re cura:ntly ~el'Yjng 0;( have prc'-1ously scrved: (pkase include dac1!'5) fA 9, Educltio...1 qualification" 1\1 B 11. Give ~"our present, or Ino!';~ecent employer~ and position: ('!fM.7W8.C V~~ ... eGo T8c-<4M lOG.x {Ne. - ~~tVr\M , T~, 12 Desc.tibe experiences_ skill, or kllowledg.: ",'meh qualify you [0 seJ:Ve on rbis board: (Plc.sc aruch a brief resume) \), L<<r. HaCl!'tnent5 arc W:le, and I agrc(: <tnd undeumnd that ;In)' mi.....'tatement of m\ireoal faca ~. c:~\i~C'" fo.cfe.ir:ure upon my p~['t of any appoi.,troent I may recej,.-e. L ~. ~~'o3 DXfE ~o{e: This application will ,,,main on 6Je in the Ciry Clerk's Office for a period of 2 year, from rhe Jote it was submined_ It u.1.l.I be rh.-;-: :"lpplicanes re~ponsibilitr to ellSl1ce [hat $. current i'pp~C, ..cion i.s 00 filE. R E eEl V E 0 $>('rTYnelu.:~".kD''''''UC...TlOf'I OC1 .:'1 2003 CITY CLERK PAGE 02 1b:~b ~bl::;3t1~b4b ..---. ~ 1 1:1/1:11 nl:11H City of Delrav Beach Advborv Board Member ADDlkatioD Richard Edick 12. I have OVer 25 )'ears of management experiellce as a management consultant, Fortune 500 execUtive, entrepreneur, and private investor. J am a current board member of two Delray-based not for profits: Aid to Victims of Domestic AbUSe (A VDA) and Save Our Seacoast (SOS). A VDA' s mission is to assist and sheller victims of domestic abUSe, provide counseling, and conduct prevention programs, SOS represents AlA residents and other barner island residents in Delray and other adjacent communities who share its mission of preservation, beautification, and safety of the beaches, the scenic A I A roadway, and the character, look and feei of the south Florida seacoast. I have also selved on several not for profit boards, including being a fonner Vice President and President of California's iargest chapter of the American Cancer Society, and Lifepath, Inc., Pennsylvania's largest provider of programs for the mentally retarded. q:./,9 -<JS - f<eq/kr- CITY OF PEL.RA Y BEACH BOARD MEMBER APPLICATION aile ~ . mozmalion: kwn &fDo L 1'2.0b M.L 2. Home A~B: ~ 8W fi,e57 L Oq I 3. Lep1 Residence: g 19- j/V7 "Z..- Oq <t. Pmcipal Business Address: City State Zip Code SRt/VlL 5. Home Phone: E-Mail~h Cell Phone: Fax: 5fol:n1 C(71 12'^jP,# l- ~ ~ v2- ~(,I 7p';;J. 730. 06/ ~n9 'i7/ II 10, when: an: you RgiStered? ( 'i-- 12-1}' \ 7. \l'hat Board(s) lie you interested in saving? Please list in cm:ler 0( pref~..lt..'C: 'Z.-l bO'l2..Hvo"t> . d VISD 12- Uh(!..{ 8. List aU Cil}' Boards on which you lie currently seMng or have pzmOlUly IG'VCd: (please include dates) !2..'Z-S 10. List an)' related proCessional cenifications and licenses which you hold: VTt-- T7J 11. Give your present, or most recent employer, and position: l 'i-Il ;::J--n/.z~ DiG aibe~~UiIls~~J9Il~OII . ~auacb~~/) :e5 e~-s ''iJ<..;.,c/ ~ '-} <Z:1'he. /?-tI] I It i 1I-1<!..- 'SYJ ~ w r ft<;/( fi;,r2C ~ "f ./2.2"5 0 -th-;l/{... 73 ElM l{}, /~ is ~fr zhat aU dle above nalt:lI\t..~ lie aue, and J..- and 1Illdemand Ihat any mimau:meat o( ...-.;.1 &as . . this appIlcati~rme upon my part o(any ~I>uatt I may ICCdve. rl ' 9--g- 03 SJGNA'IURE DATE Note: This application will remain on file in the ~ a period 0(2 years from the date it was IUbmitted. It will be the appJicant', resporw 'ty 10 ensure that . current application is on file. SEP 1 22003 ; ~!Dl CITY CLERK -, . ., BELIAY BEACH 9-/i"CD . , 0 . . . ... /J1al"kefl"j bad II. r1cacnr , , II I! . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~fJjLro/-e 1993 2001 information: ' tine (b 1. Fc-rz.E.~ Name F.fE'J) M.L8. 2. Home Address: City a~AC.H SllIte Zip Code 'l3'Z. E. "1EA-r,,~ 6EN Pte ,.IE' J)6H.~'" FL. .33 3. L:glIl Residence: City SllIte Zip Code SA04!f' As 110,., E' A J:tD ~., .s:s 4. Principal Business Address: City SllIte Zip Code SAI'te 11~ H-/-fE A 1)~A.e SS Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: fbf. 1- ...@ "fI/-71S'-q03D 8. c,C'l -- 9. Educational qualifications: S C.04 AN ,4:" L. ~'N UIJ'II. oF- TItNIoIESSE'& 10. List any related professional certifications and licenses which Y2u hold: ~ G S J) ~ ,OJ: _AI ~ ~,STIff G 6 01= ST4ni C~ltr,r'~1J 13"'".D"I/G- C':>lJr~Ac.Tf)~ - S-r: 'T elF< 11. Give your present, or most recent employer, and position: . VI{;' E" I*.E$IO~NT - t\1,4 IE "lrl 12, Describe criences, skills or knowl!"ige which qualify you to serve on this board: (please attach a brief resume) S4E' '7'T. E I hereby certify that all the above statanents are trUe, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I ~ ri; <1Ad 15 d~ 9 7 a003 SIGNATIJRE DAlE I I 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 responsi~~b~Mt)current application is ~ICATION SEP 1 8 2003 CITY CLERK - . FRED B. FETZER, P.E. 932 E'Pt!I'fP'UI' Dri"" DeIray Bed, Florida 33483 (561) 71S-9fJ30 (561) 2764712 jbf~"et OBJECTIVE To obtain a challenging position in the business community where my extensive technical, administrative, and managerial skills wi11 be utilized. QUALIFlCA110NS An experienced professional who is dependable. selfmotivated, flexible, committed to setting high standards of performance, and wi11ing to work hard to achieve aggressive goals. WORK EXPERIENCE March, 2003- WDeommunications, Inc" FL Lauderdale, FL Present ,Vice President- Marketing Responsible for marketing engineering and construction services to major telecommunication Companies in the southeaslern United States, Nov,. 1989- BellSouth Telecommunications, Inc,. Miami, Florida and Plantation, Florida July, 2002 Director- Engineering and Construction Directed the operations of the Outside Plant Engineering and Construction organizations for . Network Operations Divisions in the Soulh Florida Area. This included responsibilities for design and construction of annual Construction Programs averaging $40 to $50 mi11ion per year year, Construction Programs consisled of designing and constructing lelephone network facilities including fiber optic cables, loop electronics and copper basedfacilities. I averaged 250 to 300 employees (7 Direct reports) in my organization, including Area Managers, Project ----------- Managers, Loop capacity managers. Engineers, Construction Supervisors and field technicians. r'o, Feb" 1987- Southern Bell Telephone & Telegraph Corporation. Sunrise, Florida Nov,. 1989 Operqtions Manager-Florida Network Support Directed the operations of the Mini-computer Maintenance Cenlers in Sunrise, Miami. and Jacksonvi11e. Supervised various Network Support Systems and Centers including statewide network moniloring and maintenance, datobase managemenl and information lechnology (IT) support. This was a slatewide line organization with approrimately 250 employees (JI direct reports), Mar" 1982- Southern Bell Telephone & Telegraph Corporation, Miami, Florida ,- Feb" 1987 District Engineer Responsible for managing the Outside Plant Engineering District and Loop Assignment Center for the northern portion of Miami-Dade County, Directed Engineering and Loop Assignment Cenler work groups in the planning, design and provisioning of network facilities (including copper, fiber optics and digital loop electronics based plant), I was responsible for the engineering and managemenl of an annual Construction Budget of$20 to $30 mi11ion in this position. I had approrimalely 100-120 subordinate employees in this organization (8 direct reports) including engineers, supervisors, drafting clerks and other clerical support, Sept., 1979- Southern Bell Telephone & Telegraph Corp,. Atlanta, Georgia March, 1982 District Staff Manager This was a rotational assignment on the Company Headquarters slaff. I was responsible for slaff support in managing and administering Southern Bell's Network Construction Program for the four stale region, The Capital Budget associated with the Network Construction Program averaged over $600 mi11ion annually. I had a staff of 1 0 employees in this position (including 8 Engineering Staff Managers who were direct reports). .---- . . April, 1973- Southern Bell Telephone & Telegraph Corp., Plantation. FL and Boca Raton, FL &pt" 1979 Supervising Engineer- Plantation District! Area Manager-Boca Ralon District Supervised Outside Plant Facilily design groups in two Southeasl FL Districts. Responsibilities included supervising design of network facilities. cutTent and long range planning. In this position, I was responsible for managing annual construction budgels ofS10M to Sl2M and supervising a staff 15 to 20 engineers and clerical support personnel (including 10 to 12 direct reports), July, 1970- Southern Bell Telephone & Telegraph Corp.. Plantation, Florida April, 1973 Engineer- Outside Plant Design Responsible for design of Outside Plant(OSP) facilities for a geographic Q1'ea (southwestern Broward Counly). These responsibilities Included design engineering and current planning, 1 had no subordinales tn this position, July, 1967- Martin Marietta Corporation, Orlanda. Florida June, 1970 Engineer- Thermodynamics &ctian Responsible for design engineering on missile defense systems through U, S, Government defense contracts, Responsibilities included thennodynamic analysis and design of missile components and technical writing, I had no subordinales in this position, EDUCA110N UNlVERSlTY OF TENNESSEE. KnoXville, Tennessee B.S, Degree in Mechanical Engineering PROFESSIONAL UCENSES AND O.RGANIZA110NS Registered Professibnal Engineer in the states of Florida and Georgia Member of the National Sociely of Professional Engineers Member of the Florida Engineering Sociely State Certified Building Contractor- State of Florida OTHER PROFESSIONAL EXPERIENCE Presently serving as &cretaryrrreasurer of the Board of Directors of Tropical Financial Credit Union (l'FCU). &rved as a member of this Board of Directors for over 15 years (including 3 years as CluUrman), TFCU Is a South Florida based financial services organization with over $600 million in assets, Presently serving on the Cily of Delray Beach Board of Construction Appeals. Formerly elected to the Wilton Manors, Florida Cily Commission and served for 6 years (including 2 years as Pres/denl), Appointed by the Counly Commission to serve a term on the Broward Counly Planning Council during this period, Currently on the Board of Directors of the Tropic Isle Civic Association serving as Treasurer. REFERENCES Outsianding references QI1ailable upon request. 9-;1.3-05 DB.ltAY BEACH Se.Je!r-i, . .. . III I . .. '0 l?:1t3 tIle r 'I CITY OF DELRAY BEACH BOARD MEMBER APPLICATION '2c,ne 3 1993 2001 ;4tJOtfe rP3 Please tvDe or orint the followUw information: 1. Last Name: H ELf) 5 Name d;q./ ~L- Mol ~ 2'..i~~r;t).:.,&7I'tl,de~U/~T City PG""L..e4 y S~ L.- Zip Code '3 jJ fK~..r 3. L.egaf Residence: City State Zip Code -:'2.#-t'P - - - 4. , Principal Business Address: City State Zip Code - - ;...- - 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 5t1-t> 33 -1..:U I S/l//?M~L)_.. - ..~/- :!r~::L ~"'t>7. SZ/-~ gtf'-/>-t: ..~ 6. Are you a registered voter? Ye:s If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: A/I?It:;,l//$&>/f?I7"'" ""'0' ,ql}*~~'2.4 ~ Ll..A../~ <<- 8, List all City Boards on which you are currendy serving or have previously served: (please include dates) , I 9. Educational qualifications: A: A:I? /.::lG-~~ - a~A ~ S'~d<:-.;(/ L.-~ "/ ""'~ G7.7 7.2..Y3 , 10. List any related professional certifications and licenses which you hold: , t 1. Give your present, or most recent employer, and position: S1!Tt:.r ~R~-V6'7" - ~ , .v~~ 12. Desctibe expetiences, skills or knowledge which qualifY you to serve on this board: (Please attach a brief resume) P/iZ.P~~o!"D"""""'+-"'" R=.rr~r ~.!Ls~ 2>4>CS-.i<./'r ~4>Uv VS-~$ e-,c /9""C?7.eY/?1/ / A./ ,PrA .3'?~ r-...9Ai!.To!"o&...y. /rC??v/r7c-' A;/ P"2V S,04c'''''---"" , '" Ifrbrn..v.:. .. ;P~~~ e.6Ju..A/rv~/..<...r.pa~c/-7~ I heteby certifY that all the above statements are true, and I agree and understand that any misstatement of material facts con",;' in this ap~cation..may cause forfeiture upon my part of any appointment I ~eceive, -v j ~>> ~ '/d ~' , !'SIGNA1URE DATE"" Note: This application will remain on file in thc City Oerk's O~m~ears from the date it was submitted, It will be the applicant's responsibility to ensure t a 'cation is on file. .-.cll"YCUlRlOIlOAaDIAPnotl SEP?3 2003 ,_, ,i" CITY CLERK ,. ~"~-- ...-~/;? I; -;JlrtJ.:J PMAXIfAS:1! '~(' Cl/fJ/,,;,, - ,(/11 ~'III CITY OF DELRAY BEACH . BOARD MEMBER APPLICATION zYll-e' / 1~~ Clv-tJtf/Q/n€- <9i PIcaae tYPe or print the ..... . inlomlation: t. Las. Name: . Name M. L tT. " -0...... ft" c.e.. , ;\. 2. Home Address: City State Zip Code '1 D., PI<<-c e '0.. "<>-.M..-'l ~ Y"CL,-\ l3eo. c.I" =Ho.., 53'-/4 S 3. LepI Residence: Oq State Zip Code ~, ~ -- 4. Prin~aJ Business .Acldreas: Oq State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fa: <-lo"l.'1l-"\~O j.<"",..."\-@o::\+."ti '11S'-"oto7 4'18-00"1::, 6. Aze you a zcgistercd v~ ,\, H so, '&>hac me JOU .~ = , I e s ('a.~ \vECm.L.y\ 7. What !loaJd(I) ate you intereSted in serWas? Plcuc list ill order 0( ,,",",....:eo . to €..t~~~""",,,,,cl J\.d\,h~e"~ ~\c",<. ' 8. lJst aU City Boardl 011 which you lie _dy seMna or have, jlft'rioIWy served: lPIeuc incIucIe dates) SoP_P. ~ "cI I""\~ ~ 9. EcIl1C1riooal qualifications: 10. list In)' reIared profes~ cenific:atioas IJllIliceoses which you bold: ~ , :r,-;t-'..Po . " 'Yv-. ".,.... ~ A iLl. ,^ e. ~ I q q ';l, .A' ~~\g..~~N"\~}<'"1... &-AJ;;,OM'"'1:', :OJ~"ui-,...,J. A., A' II. Give your present, Of mas t employer, and position: 12. Deraibc ap-";~"~I. s1dIIs or""'7>'I . which If'IIil1JOG 10 _ OD this "-d: (P1ease aaach. bdef_) ,'"'}PF ;;Lv-...d- ~~n p , J hereby -aty rhaul11bc abaft.... , .4nll lie -. aDd J ... aad "'Ildel--'ll dw..., ...1. _~, 0(~1 &as -mecllft this lpJIIieatioD IIIIy ca_ fodd_ upoo my pan 0( lUIJ IIFfl . ,h..em J IIIIy m:eiYe. Q ~. .~ ~ ,;J......~ ~&laJO..3 S1GNA'IURE DAm ' NOte: This application wiII remahi on flIe in the Oq Oc:d:'s Cor. periocI 0(2 yean &om the dare x was submitted. Jt wiII be tbe applic:ant's ~..,.,,~ 10 amm: that. CUfteDt appIicarion is on flIe. , RECEIVED~"" SEP 26 2003 CITY CI..ERK Resume' Alice Finst 707 Place Tavant Delray Beach, 33445 Application for Neighborhood Advisory Council # 12 Describe experiences skills or knowledge which qualify you to serve on this board, Listed below are some of my civic experiences since moving to Delray Beach in 1971. Please note that thJtes are approxinwte and ltUly extend several years. Memberships Homeowners' League of Chatelaine 1970's to present Chairman Architectural Control Committee, Editor, "The Chatterlines" Member Board of Directors, City Commission observer for Homeowners League Progressive Residents of Delray Beach Board of Directors, SPRAB monitor Delray Beach President Council, Pride in Neighborhood Committee Mounts Botanical Garden League of Women Voters of South Palm Beach County since 1975, Delray Beach Good Government Committee Lobbying Activities Acquisition of land for Barwick Park, (also served on play ground committee). Land acquisition for Fire Station at Barwick and Lake Ida Roads Sidewalks on Barwick Road Fencing at Veterans' Park Playground Bright Park Service on City Boards and City Related Committees Pineapple Grove Pre Main Street 1993-1995 Beautification Committee Community Appearance Board 1985 Historic Preservation Board 1987 Education Board 1990 NorthWest/SouthWest Neighborhood 2002- Sidewalk/Beautification Committee Cultural Loop Walking Committee visited 80 sites June 2003/ History Committee School Advisory Committees A.D. Henderson 1986-1996 S.D. Spady 1978-80, 1999-present Atlantic High School 1987-present Other City Commission Watcher since 1979 08/~8/0~ 18:5;J 1ill 5lil ~74 ;J~_01 V.t:;LKA~ J;l.hACH M.Al<.1UUrl _ __, _ _ Ij!jUUl DELIl"YIEACH i;'9-Cl~ . ~ ... . . . .. .....~* . In r. ;I,',ca,c; CITY OF DELRA Y BEACH - (5 . (!) ~O~RD MEMBER APPLICATION 1993 2001 Please rint the followin information: 1. Last Name: ,- Name 0 M. t. r -~ rl~ 2. HomeAddress:3~~ 5. '5wi")'~n ~. City De. 1 ~r s~~eq. 3. Legal Residence: I City Su.te Zip Code 3B~ 5. Swin-\on AI/€... 1)e.\('d.'j &:Nn FL ..3311tJ.tJ- 4, Principal Business Address: City SUte Zip Code ID N Oe-eon I.3h.1d. 'D::.ko. Beo..~ Pi.. 32>t.j.B.3 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fa,,: ~1-~bS-~bC>1 51c1-J.7""-3~/5 r~h-tLK6-'"c2aol. S",.m-~C ~1-J..7'f-3d01 6, AIe you a registered yoter? '(e5 If so, where are you registered? p e c.. 7. '.X/h" Boud(s) ore you in"rested in serving? Please list in order of preference: ~PRFle C~P\. P4.'Z., DDA 8. List all Cit)' Boards on which )'ou are cw:rend)' scn'ing or have previously s=ed: (please include dates) - - - - Si ~~r c..'l he5 ~rncrt ~ ; l at:>O- 9. Educarional qu..Jificatioos: ::wac.. A-t+ A.che. 10. List an)' related professional certifications and licenses which you hold: See 'A"* ,e.d. ~ ("Oe.. 11. Give your present, or most recent employer, and position: - , r,O t- lease attach a brief resume) €- I hereby certifY "'at all the above statementS are true. and I agree and undastand that any misstatement of material facts n . ed in this . on y cause ~ eiwre upon my p;arr of any appointment I may recdve. ~O;L DATE Note: This applicarion will remain on tile in the City Oerk's Office for... period of 2 years from the date it was submirred. It will be the applicant's responsibi1ity to ensure that a current applicarion is on file, S'OTYCL.8I.kI8OAfl.D\A.PPLICATlON lIli/~li/U~ 1~:5' ~AA 5Bl ~7' 3~Ol IlELRAY BEACH MARRIOTT 4!JOO2 ROY J. FRAKER QUAUFICATIONS Strong professional background in sales, marketing, public relations, customer service, management and administration. Excellent analytical and organizational skills, Intuitive ability to rapidly assess people's needs and resolve problems. Capable and competent with the energy and enthusiasm to adapt to various people and work situations. Proficient in ACT! 2000, Microsoft Word, Word Perfect, Excel, Outlook, Delphi and Intemet Explorer. ExPERIENCE Sales Manager, Executive Meeting Manager 2001 to Present Delray Beach Marriott, Delray Beach, FL . National, Regional and Local sales and marketing for luxury 268 room oceanfront hotel . Develop, track and maintain competitive corporate and leisure rate structures . Create new packages, programs and incentives, track and maintain forecasted sales for both leisure and corporate market segments . Host in house receptions, site inspections, entertain and conduct both hotel and local area tours to prospective dients and visiting organizations and associations . Serve as hotel community liaison and representative for county, city, local civic organizations . Organize and host frequent and successful meeting planner. travel writer and VIP FAM trips, . Highly effective and successful leader and team player for pre-opening sales, sales blitz campaigns and roll out of incentive programs Site Operations Manager 1996 to 2000 Meisner Electric, Inc., d.b.a. Ocean City Properties, Ltd., Delray Beach, FL . Lead restoration of historic warehouse building into 14,000 square foot corporate office . Supervised daily site operations of historic 46,000 square foot shopping, dining, and outdoor entertainment complex induding construction, renovation, leasing, advertising, marketing, public relations and special events . Fire & Security systems administration, hurricane preparedness and emergency management . Management of all sub-contracted services and direct supervision of maintenance and housekeeping staff ' . Purchasing, receiving and asset management of all fDd:ures. fumishings and appliances . Responsible for special projects such as complete revision of corporate image, indusive of concept Instructor & Administrator Independent Contractor. Palm Beaeh County, FL 1993 to 1996 . Martial arts instruction & supervision of three instructional programs induding 13 Palm Beach CounIy schools. Boca Raton YMCA, and a private school with combined enrollment over 1500 . Sales. marketing, advertising, contract management. database and financial management, editor and publisher of monthly newsletter . Planning and implementation of incentives, special events and annual convention 381/2 South Swinton Avenue, Delray Beach, Florida 33444 (561)-265-2607 RoyFraker@aol.com 08/28/02 15:54 FAX 561 274 3201 DELRAY BEACH MARRIOTT ~003 ROY J. FRAKER Reservations, Front Desk, Concierge 1991 tD 1993 Ritz Carlton Palm Beach, Manalapan, FL . Hired as hotel's original "Opening Team., One of 500 out of 5000 applicants. . Consistently outsold rooms exceeding revenue goals by volume and gross sales. . Promoted to Departmental Trainer during which hotel received the 1992 Malcolm Baldridge Quality Customer Service Award, . Interim Supervisor of Fitness Center and Ritz-Carlton Club. Created, implemented and Supervised hotel's first "Ritz-Kids' program, Attractions Host, Production Assistant & Talent Coordinator 1990 tD 1991 Walt Disney Company, lake Buena Vista, Fl . Attended the Disney University Career Start program . Originally cast as Attractions Host for the Disney MGM Studios . Promoted to Production Assistant and Talent Coordinator for the NBC television game show "Let's Make A Dear EOUCA nON . Cardinal Newman High School, West Palm Beach, FL, 1990, Honor Roll . Palm Beach Community College, Lake Worth, FL 1993, Deans List . Florida International University, Miami, FL, 1993, Family Management Specialist Training Certificate . University of South Florida, Tampa, FL, 1994, State of Florida HRS Child Welfare Training Certificate . Greater Boynton Beach Chamber of Commerce, Leadership Boynton Beach, Class of 1995 . Personal Development Center, Delray Beach, FL, 1996, The Living Course, Personal Development Workshop . Southeast Education Center, North Palm Beach, FL, 2000, Dale Carnegie Leadership Training . Personal Development Center, Delray Beach, FL , 2001 Certified Instructor ACCOMPUSHMENTS & OUTSIDE INTERESTS . Bob Beamon Golf & Tennis Classic, Board Member, 2002 . City of Delray Beach Sister Cities Committee, Board Member, January 2001 - Present . Museum of Lifestyle and Fashion History, Board Member, January 2001 - Present . Tourism Committee, Co-Chair, Delray Beach Chamber of Commerce, 1999 - Present . One of 100 citizens and community leaders to represent City of Boynton Beach at Visions 2000 Conference, 1996 . Palm Beach Post Pathfinder Award, Community Service 1990 . Steering Design Committee; fund raising and Special Events Co-Chair, crew leader and construction coordinator for "Let's Build a Playground" Boynton'Beach, FL 1995 381/2 South Swinton Avenue, Delray Beach, Florida 33444 (561)-265-2607 RoyFraker@aoI.com . FA:~ tlO. : 5612660746 Sep. 09 2003 11: 44HI'1 P1 FRO'1 : GER-,*, 1 _ 1 KAR-erJ 1-#1.</5 ~ t 3 "'1..'I.1/; 1.,d.,\/l'f'/6z,.J ",":4t;8,",fI~ ' . I ~l1'- W3 -" 7 'T't' E",J)rc.Pffl f'Ylf t ~ CITY OF DELRAY BEACH , III t BOARD MEMBER APPLICATION 'b ne (, '''3 __ J 2~' J~/IC ~~/e M.L t. 2. City S~L ~~c 3. Legal JUsidc.nce: ~ _ Oq Slate Zip Codc ... Pmcipal Business Adclrcss: City Scate Zip Code 0~ _ 5. Homc PbOftc: Business PhOftc: fi ~ IL,( 6. Arc you a registered VOter? 7" What Boarcl.(s) ..., you interCIt . 8. _ MK 9. Ed..cational qualifiatiol)$: "A- DIT ,,~ 10. USt 8lI)" related professional cCnWcaao:lls and licenses which you hold: 11. ive your Fesc.nt, Ot most recent employer, and posiaon: Elt?r . -;T7i:"Y p. <:::- 'd - A.J ".R~o .J/R~....e ~ff ~ .., .,..,....."".....-.-......., ...~..,~~~."'7' "'" ","lamcd In lIpplicaDOll may ca...., forfej-. upon my pan of ..., 8ppOIIl1:m I JIll}' -ave. ~. I::? }..A:> 6 SIGNA . ( " ....... .~' '0"" L... . ~p..caaon -.... remam . . ...ee ....- . period of 2 ye.n &om me date it was nuned. It will be the appli . alSlUC &hat. cum:nt .application is Oft file. ;, ,-.. "'V. ...~'JDf SEP 0 9 7003 CITY CLERK C?-&-CJ-d6 OElltAY BEACH Reaikt^ . .. . . , . .. ba:d M n II kACIlr CITY OF DELRAY BEACH "II'! BOARD MEMBER APPLICATION Z:JIl e A 1993 2001 ,JAe~ [;retJf Please or rinr rhe folio information: - 1. Last Name: Name M.l Gilles ie Robert A. 2- Home Address: City State Zip Code 460 Sherwood forest Dr Delray Beach FL 33445 3, Legal Residence: City State Zip Code 460 Sherwood Forest Dr Delray Beach FL 33445 4. Principal Basiness Address: City State Zip Code .' 700 E. Atlantic Ave. Delray Beach FL 33483 5. Home Phone: Basiness 'Phone: E-Mill Address: Cell Phone: Fax: 61-638-8697 561-278-2628 70fh)'i",Atlantic 561-706-2354' 61-278-8688 6, lue you a registered voter~ES If so, where are you registered? Palm Beach Ct Precinct 4062 Delra Beach 7. What Board(s) are you interested in s~ Please list in order of preference:, Neighborhood Advisory ouncil 8. List all City Boards on which you are curr=dy serving or have previously served: (Please include dates) Nuisance Abatemen,t Board March 2001 to Present 9. Educational qualifications: 2 Years Dickinson Colle e 10. List any related professional certifications and licenses which you hold: Real Estate Brokers License E-PRO Desi nation Graduate 1st Residence Academy Delray Beach. 11. Give your present, or most recent employer, and position: 7 Yrs. Gringle, Doherty & Wheat, Inc. Real Estate Sales 12. Describe experiences, skills or knowledge which qualify you In serve on this board: (please attach . brief reswne) 7 Years Experience in Real Estate rtify that all the above statements are true, and I agree and understand that any misstat<:ment of material facts inthis. [l' tion ma cause forfeiture upon my part of any appointment I may receive, ~~ DATE Note: This applicarion will reOlJl.in on file in rhe City Clerk's Office for a period of 2 years from rhe date it was submitted. It will be rhe applicant's responsibility to ~'E1VE9Iication is on ftle. , S'CITYCl.EU'BOARD\Al'PUCA11ON SEP 7''} 2003 ___"I.""'" c:oll' Robert A. Gillespie 460 Sherwood Forest Dr Delray Beach, FL 33445 1953 - 1972 17 Years Management in several major New York Stock Exchange brokerage houses of which four years as Vice President and office manager. The last two years as a Consultant in Finance and Venture Capital. Philadelphia, PA and Los Angeles, CA 1972 - 1994 Automotive Sales and Management Started in Sales and held various positions as Sale Manager, Finance and General Manager, Suburbs of Philadelphia and Reading, P A. 1996 to Present Gringie, Doherty & Wheat, Inc. Real Estate Sales All positions I have had heavy dealings with the public and was responsible for supervision of over 75 employees. 09/24/0~ WED 07:52 FAX 561 243 3774 CITY CLERK T L---t-+ e,-rOD~002 .- /O.JlO-<<f" .:J'lw:l-err!- , II f~ CITY OF DELRAY BEACH BOARD MEMBER APPLl~ATION - Z,he .5: 1993 2001 . ~(i:}fq, MrK- . iIlfODllAUon: - MoL 2. Home Address: State Zip Code " ~ 3. S- Zip Code ;\;J ;y 4. Prineipal BusUu:ss Acldtess: ""\ 1::::De~....:>-r- ~ I)::j Y" Cl '-l State Zip Code L.:'buVee.-~ l+.e. fOc-Dch pi o~4ql./ " 5. Home Phone: BlJSiness Phone: E-MailAddreos: Cd! Phone: 1"0: ( -~0r5-ll-ct'lI::.>'-l: ~~ 0\ 5~ 2..'4-"0- 4C>l 6. Are you a registered votes? H so, """- are you regisUied? - 7. What Board(s)... JOG imaested in seniag? I'Ico&e liit'ln ~pief_ J,Ja all Cit)' Boards on 1lich Yl)Q .... cunently serving ~ have ptnious\r semd: (PIca. jadwlo utes) , -- .fal I, . "'( , ;' -EcNcaliaml cplifiations: 10. List any related professional ~dons and 1ictnse$ which you hQld: 0. ~..,. \...I..J<I 11. . your preleftt. or molt recen1 ompIoyer, and positiOll: ~ - I ~ ~t:.cc... D~T <:) e2-: '7 12. Desaib. ~0IlCCI, WlIa or 1I:no..r,... whitb qualifY JOG'" _ oa t:hia . (PIase aIIlIeh . bdof aawne) :=:::::::, -. J hereby emily that all the........ I'-_ that IIIJ 111 , -- "'-.;.t &as . odin parr of IIIJ "I'f '""" ~ '" 1_,........... ID- (YC)- O~ DATE Note: 'I'M apj>Iica . remaln On file m dIe'Cit)' Clerk's Office for _period = lroin die date it_ submitted. It w.iII be die appIiClInt'1 rcspoasibiIity 10 cnsurelbat _ CDrmIt lion is on file. , .Clrr..--",,,,.._ q #J-<J5 ~ml-~ d- OEUtAY BEACH ~b\~~O\) A-bJ\.Sd!.'f CoONC-\V #~ 11 ~ .II n llIIUCIlv CITY OF DELRAY BEACH "IIJ! / BOARD MEMBER APPLICATION 'Zone take;:;re# 1993 2001 ~-I--h information: 1. NBC/\' Name t-\ ~ \) 2. Home Addres~ Sv ~ Ci ~e.ack SFL 2J:> y,.: \ Du>~ ~ ~\ 3, Legal Residence: City State S~ 4. Principal Business Address: ' City State ~S~J:~ ~ 2.. flvev..v-e. ~~Ci";~ea c1... .- -\-L- 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: '.?b\- ~. 6. Are you a regisrered voter? '--\ e5 7. Whar Board(s) are you inrerested in 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) ucati~ qualifications: . ... ~"\'..\c. ~ ~ \~e6. H... "I~ l\ . t all the above statements are true, and I agree and understand that any misstatement of material facts a~plicaqon may use forfeiture upon my part of any appointment I may receive. -.!d/\/C?/2.Do 3 S DATE Note: nus application will remain on file in the City Oerk's Office for a period of 2 years from the date it WlIS submitted. It will be the applicant's ~esponsibility to ens"Frt!eceIVf!'E!jcation is on file. S'CnYCUllWBOAIU:Ml'P1.X:A.1lQN SEP?32003 r.ITY r.LERK HANSFORD N. mGGINBOTHAM 920 SUNFLOWER A VENUE DELRAYBEACII,FL 33445 (561) 4~1 CORPORATE FINANCE & INVESTMENT MANAGEMENT EXECUTIVE 1990-Present Independent consultant to private and public companies, advising on matters including capital structure, debt and equity financing, mAnagement dynamics, mergers and acquisitions, strategic planning and marketing. Record of achievement introducing new concepts and services to clients, turning money-losers into money-makers and capital creation approximating $70 million. Concurrently have held contractual relationships with NASDINYSE member firms for providing securities brokerage and financial planning services for my individual and business investment clients, Member firms include Old Dominion Securities, Questar Capital, Round Hill Securities, Northeast Securities and J.W, Genesis. Client assets under management have exceeded $36 million. ACTRADE CAPITAL, INC. Regional Manager 2000-2001 Responsible for management and sales growth of this public, international company's Southern Region. I was credited with building the Region's annual sales volume to over $23 million prior to the Company's decision to consolidate its operations and close this office. PIONEER PRODUCTS 1988-1990 Marketing Manager Assumed marketing and P & L responsibility for the 150+ consumer and institutional products of this General Mills manufacturer, Credited with the creation and introduc- tion offive new brands (11 sku's) during an aggressive line expansion. My efforts contributed to two years of record company revenues achieved within profit guidelines, EXECUNET COMPANIES 1984-1988 ParinerlGeneral Manager Created and developed unique enterprises providing consumer and business services through these successful companies: Execunet, Home Office and Memorybanc Inventory. , HANSFORD N. mGGINBOTHAM, Page 1 DEL MONTElR.J. REYNOLDS FOODS 1980-1984 Region Manage.. and DivisioD Manager ultimately responsible for $50 million in annual sales of a 500+ item product line through direct and food broker sales forces, Wrote and implemented operating budgets which included personnel, operations, local advertising and marketing, trade shows and trade promotion. Managed the regional merger ofRJR Foods with Del Monte. PROCI'ER & GAMBLE 1973-1980 District Field Representative and Unit Manager in the food products division. Managed sales of up to $15 million through direct representatives and account managers. Recognized as my district's Top Unit Manager in 1977 and 1979. Consistently ranked among the company's top managers in introducing new items and brands, Developed successful college recruiting programs at South Carolina, Clemson and Furman Universities. MERRILL LYNCH, PIERCE, FENNER & SMITH 1970-1973 Account Executive Sold investment securities including equities, fixed income, options, mutual funds and commodities, Branch office leader in opening new accounts. EDUCATION/CERTIFICATION B.A, Liberal Arts, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee Series 7, General Securities License Series 63, Uniform Securities Agent State License 9 -;;/I-OJ I '.firchrf...d-ure CITY 0' DELRAY BEACH BOARD .EMBER APPLICATION 2oN~ 1 1~~ DeIJ'ch ~(k. . XL . . ~Code . ~ 3. l&pIRcsi~ Zip Code . . ~ ~ -..-.'".. - - of. Pdnc:ipaI Business AddreU: City State Zip Code ~ ~dfl -"."'- - - - 5. Home Phoae: Business Pbooe: cif. ~-7 7tft~ - 6. An JOB a registered voter? 7. Wbatlloald(s) lie , / CE- . 11. GIve )'Our~~lpqt :e."'-~ whic:h ...." JllIIID __ OIl this lIoard: (PIaae atada. J.ieE-e) . '.'\IIIUeAfDrI SEP 1:9 2003 r:/TV ("/ COli" ~alen+ - -' 14G,-tPv CITY 0' PEL.RAY BEACH BOARP MEMBER APPLICATION P1eaae or . tlbe foil . information: t. Last Name: Name City D:h 6'e. Oq . j)C'!.rOl/ /-Eel{ ( ~ ... City 5. Home Phone: Busineu Phone: E-Mail Address: Cell Phone: Fax: f,~ -'ff} OJ1-, ).<:;) S-"d' Q. H<-",-<..,l 6. An you a Rgistered vous-- ~ r<:.o ( 50, where an: you Rgistered? 7. Whal Board(s) arc you interested in saving? PIeue - 8. -- 9. Educational qualific.atioftS: I hv pl. " ' 1-' "" " i, - / 10. List any related professional certi1ications and licenses which you hold: 11. Give your present, or most recent employer, and poaition: (a~ . H--- If; . {q,." c e.. 12. Daaibe upaiences, skills or bow1edge which qnaIily JOIllD acne 011 this baud: (Please -m a lxid' 1aIIInC) - f' c; vL, , < /" T' - ~II. ("OAIVWV'\.1+ Urll i:-t. . N.r I O.A-h ~ c h '1/, fS) lJ.t2w 1.f! /5. I here certify WI aD me above StataJleftlS arc trUe, and I aa-1IId -~:aoWld 1bat any IIIimaument of 111'-;.1 facts ?t:;----_....."'..,.....--.r_...... f/ if 1'~ In~ ~ ~ I -. Note: This application will remain on 61e in the ~~i)eDod 0(2 years from die date it was IUbmitted. It will be the applicant's raponII 'ty to _ that a CIIml1tapplication is on file. SEP 16 2003 .-. ~- r.ITY CLERK FRON :~:A'I' FA:, lID. : 56i~95i287 Sep. 11 2003 04:2iPI'! Pi P~""'':.~f'1 9- /~ ~CJ.5' 'I .:5c'/.,,~/ /!Ja./c-eh'nj CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 infonnation; #,).. 2. 3. Legal Residence; SIrrn"t" - 4, Principal Business Addres.: City Statc Zip Code -- -' - -. fIorne Phnn~: "R"oine.. Phone: ..~#... E Mai1 Addre..: Cell Phone: Fax; ~.t/~3/'o."f"o If 00, where are you registered a 7. 8. List all City Bnuds on which you ate cuaeody scrviag or have pr<:9iou.1y ocrved: (PI...., include dates) Q.-F.tb.....Iiao.lqu.w~: E. ~A. :s 10. LU* _,. _l..*.JI PRO&oZ~..J .....t:t.&_QO'IICl.~ .......J C............,.... _1,.....1. 1".1'" "...1..1. or most recent emplo ct, and positi f .5~ I Alnlf r.; - I: Ij . 12, if~. h-/t f In 6erVI o(! (J. I hereby eenify thot all the above otatemeah uc lIVe, ...d I and undcnt.ad that any mio.UlClm.ent of natal.1 (actIl con ' ed' this app . clOll may ca\UIC (cnfeiture up<>D my pan of any .ppointment I ""ay receive, "09- ;Z00.3 DATt! Nate; , application will remain on 6le in the City Clerk'. Office for a period of 2 yeats from the date it was , submitted. It will be the applicant', responaibility to ensure that a CI1ttetlt application iq on file. I\CI1YCl.DK.U!OAa.D\AI'f'UCATIOtl FlECEIVED SEP 1 2 2003 CITY CLERK FROI'! : HI',' FAX ID. :5614951287 Sep. 11 20('13 04: .'.!Pl.! P2 P~II:4': 8fAP,! a:t.ur: 1)-au&k~ ... , IIIJ~ CITY OF DELRAY BEACH g*, 9 -/. '-CJ5 BOARD MEMBER APPLICATION c.Q~e /i1a. nOl(f"t1' 1993 2001 Please eor rillt the (ollowin infonnation: Z7ne0. ,H~ _~' Last Name: K fJ{. Name MoL .6 - 2. Home Addrc$s: Ci~fty. S,1.. Zi Code lJ4'iS- 3. Legal Residcnce: Ciry State Zip Code c.54-J1~ - - 4. Pcincipli Business Add..,..: Gty State Zip Code - - S. Home Phone: BU$ines. PhOlle: E.-Ma.iI Addreas: Cell Phone: Fax: ~/- , 7f"ltf Jj 'III ()evfI.. 6~ I(. II 6. Are you a regiscered voter? &.eA./Un e 7, 10, w.t ll,Il, relaced professional cem6cationa and Iicen.es which you hold: ~ e I t, Give your ~C8enr. or , 81 ^ Note: lbis application will remain on file m the Gty Cleric's Office for a peciod of 2 years from the date it w.. submitted. It will be the applicant's responsibility to ensure that a currenc application is on file. RECEIVED """"c..................\'tUC._ SEP 1 2 2003 CITY CLERK _.~~.~"'-- -~.._- -------- FROI'1 : ~.H'" FRX 110. : 561~951287 Sep. 11 2(l!J3 04: 22PI'1 P3 Susan S. Kay MS, CCM, CDM$ 2571 Hampton Circle Nortb, Delray Beach, FL 33445 Phone: (561)-495-7848 Fax: (561)-495-1287 QUilllflcations: - . ExtcNive cxpcricncc in all ISpClCll of diubi1iI:y/cue JnaDa8eIII-. . Proven talents in aaJell, customer .crvice. training and t""china . ODe of top 20 alaa manogcn in national IIIAIlI8<d care company (160 U.S. ofticec) for 1996, Pro/f1SsionaJ Experience: . 2002-presern; Medical. voeational case UWl8jIll'I consulWlt for worklll" s compensation carriers. . 1999- 2002; vocationa1 and medical cue manaaer for CorVel Corp. in Coral SprinS" FL Case manager (or worker', compeoaalloll carriertlcullomen. . 1997-1999 Cue Manager. Novaeon, Inc., Maitland, FL COIlUllCN&! consultam to UliSllnjuredli1l worken retum to productive lifestyle and work. - . 1989-1997 Ac:count Salel Manager. CllAManaaed Care. Inc.. BoSlon, MA Sal" and marketing ofltUllllllodcare 18rY\cN uuI cost conwnmellt oeMceI to the i_ranee industly in mulliple atatel. Called on and oeMccd worker', compensation carriers. auto insurance carriers, and Jarso alllf..inaurod c:ampanilll. Gainocl Jcnowledae of llate regulatiClDll ill Florida and New Jersey. Impl8lllented large manased care programs for worker's compensation neros, lIate of Florida. . 1989-1995 Medical and Vocolional Cuc MaN,er. CRA M&nJI8ed Care. BoIlOn. MA Carried cue load off lies ofinjured worleera for worker's c:ompensatioll carriers while providing customer lervice to 1Ill\l0r carrier accounts u market repRSllll1tltivc. . 1987-1989 Client Services Repmentatin. J,F.IC Medical Cnar. BeliloD. NJ. RespoMibilities illduded idcnti!Ying and rec:nJitiDg apprppriate patient cases for the rebabilitation unit of the llollpital. Also )lTomotod the I:ndUltrial WaI1r..in Clinic to nearby compalliea. sold IIl\d implemented wellness programs. employee phyJicals, dru8 screens. ctc, to local companies, . 1982-1987 Rehabilitation ColllUitant. V.ri~.'.v .-.ap1o.v.r. i~I..I"'l1\D ,........(!o.e.rp. ""COo. ClTIVf'o.rd .."t'I C,... n,..""II'Ati^".., ..",..",..ic. R.-f&nllrr... n,.t Work, Inc. Delivered cue man.g....ent services to injured worl:cra and auto accident victims at the request of the insurance eamon, As,;Jted in their dlllms relOlution in a timoly and cost eftlletivG msnner. Marketed tlleoe .-vi_ to the in8llfanCC c:arriers and to large Illlf. insured compames, Independent Vocational Expen Witness for Social Security Administration. 1986-1987. . 1972-1984 Brookdale Community CoDes.. Lincroft, Nl. Adjunct PsycholollY InstlUetor and Car_ ServiceJ Teat AdminiSlflltor, Education: . M.S. Oesrec in Vocational B.ebabililaJiou, West Vqiaia UDiveraity, WV. . B.S. DelVee in Social Work/Vocatiollal Rehabilitation, Penn State Univenity. PA. Credentials: . FL Rehabilitation ProviderLicenll8I1WC1001160 . Certified Case Manager, #00635 v81idthrough 2003. . Certified DisabUity Management Specialist, 104076 valid throul" 2006, . Certified RehabUltation Counselor, 116-150. (PUt). US Dcpanment of Labor. Longshore, Harbor Worker's and Federal Employoas Compenaalion Act. . Vocational EI<p<<t Witness for Social Security AdminiltnlnoD, 1986-1987, JacklOnviDe, PL Computer Sk/lls: . Mlcro.oft Word. Excel. Power Point. Imam. ExllGriancc. 9-M-a:J DEUtAY lEACH (Yhrke!r~ -- CITY OF DELRAY BEACH " II J! BOARD MEMBER APPLICATION I Zon-e 1993 2001 ::JqJ:qj L.JeS infOnrultiOn: 1. ~ 2 Hom~ddrO: S. &.a~ Sft.- Zi e ~ 3. Legal Residence: Stare Zip Code So.."" e... 4. Ptci(r~A~t~~s~ Q~UUAe. Gty State Zip Code t)e,l~'{ 6e.a.J.... FL. ' ~~\(:C03 5. Home Phone: Business Phone: E-Mail Address: C~P~one: S"D"b Fax: "3'%- ~~ ~ d-1'\-l;100 x.t .St,lII\A~delv-a. '?> -0 u't'B--o'tS$ 6. If so, where ate yo r~ red? ~ 8. List all City Boards on which you are currently serving or have previously served: (please include dates) 9. Educational qualifications: S rofessional certifications and licenses which you'hold: vS Ot) ~ J- u.v- f. I hereby certify that all the above s emenlS are true, and I agree and understand that any misstatement of material fa y cause forfeiture upon my part of any appointment I may receive, ? - J.J -0,3 DATE Note: This application will remain on file in the City Clerk'sa'itil ~f 2 years from the date it was submitted. It will be the applicant's responsibility to application is on file, S'.CltYCU!lOOBOAlU:MPPUCA TION SEP 1-"3 2003 CITY CLERK " Sandra L. Keener Career History Extensive experience resulting in increased levels of management responsibility in all aspects of marketing, communications, advertising, public relations, event management and sales, Seven years of documented success in media, retail and promotional sales, Five years of results-oriented management and supervisory experience in all areas of marketing, sales, sales training, inventory management and control, budgeting and business operations. 2001 to Events Coordinator, Dekay Beach Downtown Joint Venture Present Manage the coordination of major promntional events fur the development of the city of Delray Beach, Florida. Events include Art & Jazz on the A venue, Hot Air Balloon Race, Heritage Month and all major holiday activities. Creative miUlager for the development of all materials supporting these and other marketing events promoting the city of Delray Beach. Materials include the monthly community calendar of events, the annual cale\ldar of events, event specific brochures, posters and web site management. Develop, maintain and coordinate major event sponsors as weU as media involvement of aU major media houses. Responsible for the creation of press releases to major news publications as weU as review and approval of articles published in local and state magazines. Serve as liaison between Chamber of Commerce, the Downtown Merchant and Business Association and the Downtown Development A\lthorlty, Organizing qnarterly networking meetings as well as monthly block meetings to insure cooperation and harmony between these organizations are key initiatives of this position. Work with downtown merchants in the development of marketing programs targeted at promoting the well being of Delray Beach business community. Cultivating financial support from the merchants fur the Downtown Joint Venture prngrams is a key role of the Events Coordinator, 2000 to Board of Directors, GoodwiU IDdustries of West Palm Beach, Florida Present 1998-2000 Customer Service Representative Customer Service representative for Wachusett Mountain Ski Resort, Westminster, Massachusetts 1995-1998 Consultant Resided in Germany. Supplied consultative services to German companies preparing Marketing arid Business plans for submittal to American enterprises. \ Sandro L. Keener 3910 Seagrape Cirele Delroy Beach. FL 33445 (561) 638-3892 Sandra L Keener 1993-1995 Director of Sales. GoodwiO Industries Directed all aspects of sales and marketing for six retail ootlets with a total sales staff of fifty people. For two successive years aggressive leadership resulted in revenue increases of 14% and 6% respectively during a period of general economic recession. Managed, trained and motivated 18 sales management personnel who consistently met or exceeded sales and management goals fur 80% of all sales periods. Developed and published a 75 page sales and training manual which resulted in reduced training time for employees while increasing their productivity and etrectiveness. Routinely perfurmed duties of Vice President for Sales and Operations in the absence of that officer. In addition to sales and marketing responsibilities, assumed the duties of the Operations Director when that position was vacated. 1991-1992 Corporate Sales Director, Mountain States Travel Agency Developed and managed corporate travel accounts fur large corporations throoghout the Rocky Mountain slates. Spearheaded drive to obtain new customers throogh creative programs offering travel management combined with corporate special events, which resulted in a 35% increase in agency revenues. 1988-1992 Promotions Director, KVUUIKSSS Radio Station As Account Representative for one of Colorado Springs' most popular and successful radio stations, developed the stations Public Relations department from scratch. To ins"re continued success within this new department developed a promotions training manual for all PR employees. As a hands-on Promotions Director routinely developed advertising copy as well as graphic shells for both in-hoose and client programs. In addition to dnties as prime editor for all radio station promotional materials and press releases, created and produced promotional commercial television advertisements. Coordinated the station production and sales staff's advertising schedules in order to maximize client exposure while minimizing costs. Initiated and nurtured affable relationships between the media, numerous non-profit groups as well as various commercial companies within the community. Intense personal effort resulted in increased public awareness of and contributions to the March of dimes, Jaycees, Pike's Peak Mental Health, the Shriner., Goodwill Industries, the Assistance League, Silver Key and Special Olympics. In addition, developed successful promotional campaigns for the Colorado Springs Sky Sox, farm club for the Colorado Rockies professional baseball team Successfully supervised the public relations campaigns for the Colorado Springs Balloon Classic, Festival of Lights and the Briarhurst "OkIoberfest". Tireless persona1 involvement resulted in consistently higher attendance figures for all three events fur three consecutive years. Sandra L. Keener 3910 Seagrape Cirel. Delroy Beach, FL 33445 (561) 638-3892 Sandra L. Keener Education UndergradlOate studies in Marketing and Advertising. Courses and Seminars: Government and Commnnity Leadership Program, Delray Beach, FL Creative Leadership, Colorado Springs, CO Power Marketing - Colorado Broadcast Association Dale Carnegie High Performance Course Tom Peters - Sales Techniques in Management Bob Adelman - Sales Chris LyUle - Tips and Training in Power Selling High Performance Courses in Creative Leadership and Account Development Achievements Sponsorship Chairman fur Special Olympics. Advisory Council Ambassador, Colorado Springs Chamber of Commerce. Cbairman, Public Relations Committee fur ShIrt /I Treml Up. Nominated Outstanding Woman fur 1990-1991 by the Colorado Springs "Women of Spirit and Note" fur innovative community leadership. References Available upon request Sandra L Kuner 3910 Seagrape Circle Delroy Beach. FL 33445 (561) 638-3892 Edu.co.k ("', ~ 9,.'(-0:) pFf""':'~P! ( tfiil! CITY Of DEL.RAY BEACH '""Zi::ln e I BOARP MEMBER APPL.ICATION C IJ q!e/q;/J e: 1993 2001 . M.L DJ ~ Code dviSo ( 8. IJsI aD Cill' Boards on which you are currently aerving or : (please include dares) E~ed;~ , tA Qo.... '~ 10. List InY related professional cen:ific:ations and licenses which you hold: 11. Give your present, or mos recent empl .eo WII\~ yq lV l' d .e.vJ Del I hereby eenify WI all me above ems are true, and J ape and lIIIdenland dw any . ( w)';jI:!:r-....oqpmo(oq-:g771D3 Note: This application will remain on file in the City CIcrk'I years from the date it was lubmirted. It will be the applicant's responsibility m alIurema mrcation is~... CITY CLERK --.- Sep.25. 2003~ 9:55A~ BA TH AND TENN I S No.Om p, 2 '-txJ'. 'q:',#/- 'tiif b~i'pk4",1- CITY O.F DELRAY BEACH ~trWIJ.er BOARD MEMBER APPLICATION 1993 "2cm€.. ~ 2001 Plene or r the roll info=arion: 1IIJc/p1l &Le 1. Lasr NfSE Narnee;rePH E N M.LJ - L 2. Home Addreu: {)7'-f5 CityJ) State ~Cod ,t CLffJf( t)( (IRQ 'EL~c '(-)(J/ PL ~l/(j> 3. Legs! Residence: City State Zip Code 4. PxincipaJ Business Address: City State Zip Code Ilil:) 5, ex f fh) (0 LV 1) 'Dn Q.(J . ]j(l-1 ff.. 33'1 'iP 5, Home Phone: Business Phone: E-Mail Address: ~ Phone: ,fu: (~<cI') 6. 7 <p-CJJq 8'~- t-t"J1/ ()t( E5 11ft re IT1)II >-, 1D'r'/ op!f ~-%!V S If so, ....here are you tegistr:Ied? VE, cH 7. \\'hat Board(s) are yo" interested In serving? Please list in otder of ~ C()(>1 /Y) I f {~ 8, Sft'I'ing or have pmoiously lCIVed: (please include dates) '--'-.~ . r-- _, - ~ - ... J ......: J.q-l (.. . I j.. ~ , '[ .;.-., I -..:.......- -. . Jtations; rn@p- 10. Lisr an}' rwred professional certifications and licenses which YOIl hold: 11, Give your resent, or mosr recenr employer, and position: ASS" -AvI C'c....)7f?""IIFR ' -It J.,. I ' AUn eLl L 3l'-l5 12. Oe$aibe apeaences, Wlls or .kn which qoWily 10" to - on this board: (Please m:ach a brief resume) " E SU{T) P _. U(?()()7 CO Ie) I I .- ,. 0 C-((' 11 [) cAu,.;1 C 1 CLUDf f {',..jl v.s I Ifo. -, '_,_ r(?('(1- 1 hereby CCftiIY that all the lIbove ...remems ate tNC, and I ..... aDd """ersrand dlat OIly ......tIltemeat of lIlatc:t:W c."", <Orlrained in this application may au.. forfdtw"e upon ury pan oE lIDy appoiDanent 1 _y receive. ~.9 Q)O.....('C:2 ~11)'rlol SIGNATIlU DATE Note: 'Ibis application "-'ill remain on me in the City Oak's Office fof. petiod of 2 years from the m[e it was submitted, lr w:ilI be the applicanr'. respDMibiiity fO Cl:lBUre dIa[ a CUDenr application i6 on file. oarr~..... RECEIVED SfP.?" 2003 CITY CLERK Sep.25.2003 9:56AM BATH AND TENNIS No.0279 ' p. 3 STEPHEN J. LAMPEL 2185 NW 14'" Sfreet Deiray Beach, FL 33445' (561)" 276-9292 ( , SuMMARY SeJ:lior Accountant With more than. 15 years experience in corporate accounting, all facet of forecasting. budgetin.g, and financial analysis EXPERlENCE 4199--5/00 Senior ACcountant : " GOODWILL INDUSTRIES OF OREA'lER p.lY, Astoria. NY Self~motivated individual proficient in all a,'lp:ers'of accolUlting including tinan.Cial analysis, budget~, prepaid expenses; finanCial srntements, moirthIy closing andjoumal entries, andmaintaining annual audit schedules in a non profit organization. Computer hterate in.l'.lCCellllld Qilickbooks, ' 7196-4/99' . Senior Accountant TKR PROPERTY SERVICE, Brooklytl. NY . . All facets of accOunting ,and propertj manage)llent for successful running of over 30 residential and ,commercial buildings,'in New York metropolitan . area, Resp<)nsibilities include preparing !TIanagemeilt report.... shareholder , relationships, attending Board meetings, preparing budgets, taX and " payroll preparation 9185-6196 ' Controller/Office Manager , MARKETING EQUlTIES TNTL, New York, NY , , " , Responsibilities include fOTcasting, budgeting, job costing, financial rep<Jl1 generatiou,aCcounts receivable and payable and payroll.in a computerized environment.Adn).inistered employee benefit plans including medical ,and 40 lie; supeivi.sed ofl;ice staff 6/81-9/85 , AcCountant SIDNEYYOSK,OWITZ& CO,. Great Neck, NY ',' ' ' Respollsihilities inciude write-ups: b'Cneralledger'worlc. account analysis; financial statements, federal and State tax'retuins; for a Y1Uicty of clients in a public accounting firm.' EDUCAl'lON , ' St John's University-MBA Accouitting-June '1983 Queens College-BA 1JI...1-,"4-~ l.j:L~ HILHNIIL LUMM HlbH ~LL 15612791705 P.02 DllIAY lfACtt /tP :c:z4~--I- ~ dU-wt .----- illll CITY 0' DELRA Y BEACH BOARP MEMBER APPLICATION . (6Jed-J'IJti/;1v-111 1993 2001 . {;tt,-h !R/Je 6. .5 Please _ or Dent the followln2 woanaOou: 1. Last Name: Name M.L . ~ " 2. Heme Address: City State ?iPCod """c "'1 Willo'" Wav Dplr"v ,., 1:" . ;'t4R: 3. Lep1 Re&ick<ice: City Sill'" Zip Code 4. Pmcipal Business Addres$: City State Zip Code S. Home Phone: &"slness Phol1e: E-Mail AddrCllS! Cell Phone: Fn: (561)498-9729 (561 )706-4548 6. Me you a registered ""tel? Ii so, where arc you Rgistered? Nn 7. What lIoard(s) ue )'011 intaes~ in smoing? Plasc Jin in order of prefem:lce: Neighborhood Advisory Council , ----- 8. List 011 0.,. Board. on "Neh you ue cum:ntly JCr\'ing or haY<: pmoiOllsly served: (pleasc includc c1a1C$) 9. EduCltioml 'jIWific..lions: I am enrolled at Atlantic Community High School as a <:0 10. LiSt any ~cIalCd professional cercifico.Qons ancI licenses 'l'hicll you hold: I hold a CPR Certificate 1 t. Give yoUI pIescnt, or most recent anployer, and position: - 12. Dcoaibc: apczidlClU, &IclIls or kn"""ecIge...hicb qualify you II) sene on this boud: (PIease moch . bad rcswnc) I am envolved in the Criminal Justice Program and the JROTC program ",hich in both I'm a leader and motivator to others in my class. I h=by ccnitJ that all tbc .bovc ,Utc:mcncs are aue. and I apu IlIId W1dcrrtll\d that any IIIina!:ommI of......tdial &c:u COGtalncd in obi< applic:atiOQ _y cauoe foda....., upo" ...,. plft of my appoinunCOI I .....)' n:cdve. ~ 1-rrK:... (O~'1..':i-03 ,,--.. SIGNAnlltE DATE Norc:: 'Ibis appliauon will remsin 011 61c in the City Oede's Office for ~ €rom me do.te: it "'as submlned. It,.;u be me: applicanr's n:sponsibility to CDSurc dS. . OD. is on file. .......~"'" OCT 24 2003 "'TV ~I ERK 7-/~ -C>v ptiIJl.:'X8fAf':! lea ei1€ r ....... ii}ii! CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please e or rint the folio information: : :1~IN:I:. 1. Last Name: ~ 57/ 2 Home Address: State Zip Code 3, LeglIl Residence: State Zip Code /g--SV /hmtGUIbo. ~ 33Y~ 4. Principal Business Address: State Zip Code S ~ 5. Home Phone~ Cell Phone: Fax: 6, If so, where are you registered? 7. 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) - 9, Educational qualifications: / ,. which qualify you to serve on this board: (please attach a brief resume) G is . Note: TIlls 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 ens~em!D'ation is~~TION SEP 1 6 2003 CITY CLERK ,. , . KAREN LUSTGARTEN 561/266.9084 (Del ray Beach, FL) cell: 2021277-2522 (Washington, D.C.) ~ Superb writing. editing. speaking and interpersonal skills. Articulate. persuasive spokesperson. ~ Innovative multi-media and PRfrom conceptian to completion to market (print. videos, airing). PRlMEDIA-COMMUNICATIONS/ADVOCACY (since 1990) CreateJImplement: PR Strategies, Image, Bnmding Writl'JPIace: Press Kits, Press Releases, Newsletters, Collateral Materials, Articles, Position Papers, Books DevelopIProduce: Committees, Seminars, Videos, TV Segments Women in Film (WIFlHollywood, CA): 21-year-old professional member/advocacy organization Mission: to improve the depiction, position and employment of women in film, TV, video, new media ~ Assoclote Director, Program.slPR Director. Represented WIF at conferences, workshops, meetings, screenings, conventions. Spokesperson on television/radio talk shows, in print Speaker/moderator on industry issues panels. Created outreach, liaisons and partnerships with unions, film studios, corporate sponsors, Researched/wrote WIF's position paper (available) on pivotal issue and delivered testimony before the Calif, State Legislature, ~ Publicadon Fou1Ule,lEdito,lWriter. Created/editedlwrote Reel News, the highly respected monthly newsletter, Developed/wrote content: member profiles, calendars, programs, news, advocacy editoryats, commentary. Co-designed/managed production, ~ Programs Director. Developed/managed/promoted new member programs, committees, national and international chapters, workshops, special events that met member needs and interests, Produced/moderated advocacy and education panels/seminars with Hollywood luminaries about industry issues. Implemented!booked/moderated panels for annual Calif. governor's conferences, ~ PR: Created/implemented PR strategy, branding, communications tools, Wrote/placed press materials, managed press inquiries. Developed/promoted annual fundraising special events (i.e. Academy Awards Viewing Party, WIF Film Festival, presence at Cannes Film Festival, Intn'l Women's Day), Enhanced visibility, image and respect for the organization. ,Former PR (.;6ents (nonprofit OTgIlni7.8tions, 199Os): ~ National Student-Parent Mock Eleetion: CaIit State Project DireetorlNational PR Direetor for established nonprofit OTgllni'7JItiQn for America's in-school voter education program. Managed PR campaign and newspaper partnership (NlE) promoting mission/materials to schools and newspapers nationwide educating students. teachers, press and U.S. Congress about the candidates and issues leatling up to National Mock Election Day for all school children. (more) r . Karen Lustgarten/2 > Otis College of Art and Design (Los Angeles): Planned, implemented, managed communicationslPR for college's annual fundraising event for 3 years that grosses $1 million in one night. > Palm Beach Opera (Florida): PRlCommunications Officer for 1998/99 season. > Hippocrates Health Institute (Florida): PRlmarketing for first holistic health retreat in U. S. > ChildHelp USA (child abuse prevention): wrote PRlmarketing magazine piece inserted into LA Times, Washington Post. Produced fundraising event video as PRlmarketing tool for organization > Ashcroft PR (LA): Dir, of Communications: 1 II stage of world sporting event/fundraiser in China > TransMedia PUblic Relations (Florida): Sr. AccolDlt Executive PRINT .JOURNALISM EXPERIENCE > FounderlPublisherlEditor, Cause Celebre: The News of Capital Causes (Washington, D,C,) special interest newspaper chronicling charity/cause-related organizations headquartered in Washington, D.C,: their events, volunteers, society benefactors, Researched, created, wrote content.-Co-designed issues, Hiredlmanaged independent contractors, Created/wrote cause marketing ads for compllhies, sold the ads, Formed advisory board of business leaders, > Hollywood Columnist, "Seasons" supplement in L.A Times: covered 400 major Hollywood fundraising events and awards shows supported by the entertainment industry (4 years), > Special Section Editor/Writer: Created/wrote annual 2 I-page philanthropy section in The Hollywood Reporter anniversary issues. > Freelauce Writer in various publications VIDEOITV EXPERIENCE (since 1990s) ----- Wrote/produced TV segments, public affairs show, VNRs and company videos. Diverse subjects included: lifestyle, technology, medical, environmental, financial, food, industrial, housing, community issues and events, Budgetedlbookedldirected camera crews in the field; coached/interviewed on-air guests, logged tapes, paper edited scripts to the shot, selected music and supervised post-production editing to completion. > D.C. Housing Authority (Washington, D.C,): IS-minute documentary (promotional video) > WJMK Television Productions (Florida): 40 business stories and company VNRs, Story segments profiling businesses around the COlDltry aired on public television stations as "American Review Series" hosted by Morley Safer, John Stossel > Century Cable TV (Los Angeles): host/producer "LA SPAN": 30-minute public affairs show of in- field set-up pieces/studio interviews with community leaders about cause-related nonprofit groups > WPBT-ChanneI2 (Miami public television): on-air co-host for 2001 pledge drive ~ SERY,lCES Spanish-Speaking Social Worker (Los Angeles County, 2 years) Elementary School Teacher (Los Angeles Unified School District, one semester) (more) - .-- . . Karen Lustgarten/3 EDUCATION Univ. of Calif, at Berkeley: B.A., Psychology Calif. State College at Los Angeles: Lifetime Calif. Teaching Credential (elementary) San Jose State College (Calif,): I year toward 2-year program for Master's in Public Health U.C.L.A. Extension: Broadcast Journalism Certificate Program; interned at KCOP-TV News (L.A.) Univ. of Madrid, Instituto de Cultuta Hispanica: in-depth summer Spanish program VOL~ER WORK Planned Parenthood, So. Palm BeachIBroward Counties (presently): Board of Directors, C4 and Public Affairs Committee Foundation for Moral Courage (Washington, D,C., 2002): Advisory Board member for annual Jan Karski Award fundraising event at Embassy of the Republic of Poland Los Angeles (19905): li> National Council of Jewish WomerilLos Angeles: Board of Directors li> U.S. Holocaust Memorial Museum: fundraising events committee member li> Academy of Motion Picture Arts & Sciences, Motion Picture Centennial: Steering committee li> StoryBoard Development Group (script development workshops): Board of Directors booked prominent screenwriters, script doctors, professors, authors for monthly workshops portfolio of work, demo reel, articles about K. Lustgarten, references available -fux :ff= ; ~ fqlGfnQ 10- 'iJ.a5 L18~'310G 5/-uJen+ DElRAYBEACH ~ AIIIl lllcaCllr CITY OF DELRAY BEACH , ~ II J! BOARD MEMBER APPLICATION 1993 f!b.tlvbn fJeo.C/~ 2001 Please tvDe or print the followin2 infonnation: 1. Last Name: MA1\OcI<5 Name ALLIsoN M.I. E:? 2. Home ~9Ss:SW \q.th str-eet' City 'B'oyl1ton ~eqch State ~ Code ft_ 3lf-U 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell PhOn\ Fax: 5, 1-7J7-B1t8!i tickled~f'ih"@ ya hOO,LOn1 GI-q ~I~rw 6. Ate you a registeted voter? If so, where are you tegistered? \'1.0 7, What Board(s) are you intetested in serving? Please list in order of preference: .oj , . I I ~ I - ,IVqY\tJOrllll~ll. twlVpury UJllfIIlT 8. Ust all City Boards on which you are currendy serving or have previously served: (please include dates) 9, Educational qualifications: 10. list any related professional certifications and licenses which you hold: 11, Give your present, or most recent employer, and position: , , \)e~1.f Be-AC<< l.formt COUNCIL - Vfc.e ~itAem- 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a btief 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 application may cause forfeiture upon my part of any appointment I may receive. 1J111~/ '/J1Ai1RJv _IO/08/n3 SIGNATURE DATE' , Note: This application will temain on file in the City Clerk's Office for a period of2 years from the date it was submitted It will be the applicant's tesponsibility to ensure that a current application is on file. S'aIYCl.ERJ(\8()AIlD\APPUCATlON Cl Tr CLI1l1 .....JI!"~_.__ 01/11/03 .ON 08;%1 FAX &81 243 3774 . 0-fJ?-CJ:5 fffffl Arch:tfCf/ !llark.e/.":, ( CITY 0' D.LItAY au.CH BOARD MEMBER APPUCATION Zone 6 1~' 05 ce(JJq fdrk 2 ,. PIcs.e or nhe" InfaGaallOll: 1. LA.. NOIIJ&: ,.., c 0 + ~e ct .L<...... II e.~IJ'll"\O~ 2. Hons. Addr..., A .-....v.:. f)' 7%.lS~ ~,..... 3. :z jZ, ....1 .A ...---. ~....c..k. 4. Plincil'al BuaiD_ Adclrat: t"1 vf- I f:C1-.. l<c>b~~ M cc;.t...... - m.u:~ ........ ;;)~I...o. n ~c>-c;.L l: T-'" $. Hom. bon.: ll......a. PbODe: B-MailIoddtesa: Cell ~ 5(,,-.2'7 '..2$$' !!W-;(.'" -1l7 <..3 '1"-'~""'" €a..'T"t,,,ar Ii' /A 6, Arc:)'OU a raFltOrc:d YOur? If to, ...here arc you ftIi.tetcd? t:) \...0 ::E..o.c;.l.. r-1- 7. In . if. 0' , 8. u.. all Ci., Board. on 'Which )'OIl.... cuna>lly .~ Of hi... pcolog~ ouved: (PIa..lndud. d....) . ( , '-:-> #.. I .." _ ... .~~ 1L f+'f1'or c;. ~ "T r , .-ch. bdd_) ... ...7....--~. 0 _..au.... b. - 1....7 receive. ~V'~ ~3 NOte: TN. application wUI ran&in 011 &Ie ill che Of)' Clcd: . 0 ce lot. pcDod of % JeAn froni lb. cIate it ..... ( ...bmmcd. I, ...;II be do. .PJ>IiQIJ'" lWpOflalbJ1j., CD ea._ Ihu a ~t appllcadOll Ja Oft !iI., #>-.. -- -~'-aD.1'IOIi' RECEIVED JUN ~ 7 2003 I CITY CLERK -----. -- (, City of Del ray Beach Board Member Application Questions 12. One January 8, 1995 I came back home to Delray Beach. Within the week I was at City Hall asking the direction the city was taking as to the neighborhoods, I was directed to the CRA. Chris Brown. who was then the director of the CRA, happily gave me the vision at the time. urged me to take a look at the Osceola Park neighborhood and gave me the names and phones of local contacts. Six months later I moved into my home in Osceola Park. That was eight years ago. Since then I have been President of the Osceola Park Neighborhood Association for 6 years ofthO$e eigbt years and am CUlTently in that position. Osceola Parle bas come a long way since the nights of return gunfire. A plan to tejuvenate the neighborhood has been promised to us this year. with worle possibly starting in 2004. As such I have attended various meetings and 'netWOrked' with tesidents of other neighborhoods, including workshops for the SW Neighborhood Plan and West Atlantic Avenue. I've attended the Neighborhood Summits. I've been a regular participant of Mayor David Schmidt's qUlll1erly 'Mayor's Meetings' for neighborhoods, I have also attended, the 'Leader's Summits' meetings when invited. Of course, I've been in the audience of any number of Commission meetings and Annual Meetings for Delray Beach. ( More than this. in August 2003, I will complete my second. and final, two-year term as a member oftbe Delray Beach Historic Preservation Board (September 1999 - September 2003. I am also the HPB liaison to the West Settlers Historic District Advisory Board (February 2003- September 2003). I took part in the Downtown Charette. Futther. I was honored to be chosen as a participant of Visions 2010. I have the luxW?' o~ working in ~~ay Beach, ~nly five blocks from my home. I am a member of a number o~ IndiVIdual orgamzauons based In Delray Beach - which brings me in contact with even more resl<lents of Del ray Beach. I believe that through my various associatiOllll within the city that I have a sense of what the people ofDelr,aY Beae~ want their city to be in the future. I have a sense of what it will take to g~ It ~here, Smce I amved ,back hom~ in De1ray Beach, my efforts seem to have been to bring this Ctty forward. I would hke to contlnue to assist Delray Beach in the future. ( N;L ~4'R ,..;77"" ~_.3 . 9-4-tJS r p~L1!..~ ': .~f'1 f:l e /c11/~fJ~l')foi 'fiif t(:J Ci"n::,w:> "lJu r("Q,' ( CITY Of DELRA Y BEACH BOARD MEMBER APPL.ICATION 1993 4>ne / 2001 Chq/eJq //)e Please or lint the foll t. Last Name: Name M. v 2. o 'P~ \h\.e Zip Code 3. ~+ODdfr~C e.., \V\ Zip Code of. Pzincipal Business Address: State tJ A- N/A 5. Business Phone: E-~ Ad~ \~UIt. Cell Phone: VYh\nue 7. \l;'hat Board(s) are you interested' Ou..Vtc; I ( 8. J..ist all Cit)" Boards on whicli you are currently serving or have previ served: (please include dates) 9. Educational qualifications: 10. List an)' related professional cenifjcations and licenses which you hold: t I. Give your present, or most recent employer, and position: h-l-; II-€' See J hereby eenify that aD the above statements are true, and J acree and understand that any IIlimacmau of .......,.;.1 facts C ~~---my...or"'~~Ot Sl NAnJRE D~ - Note: This application wiD remain on file in the City Oerk's Office ~~y f!€) from the date it was lubmined, Jt wiD be the applicant's responsibility to ensure that a cum:nt application is on file. SEP 0 It 2003 ~11DN CITY CLERK .. . f Bill Milner t 3400 Place Valencay Defray Beach, FL 33445 561-637-8896 Professional History 2001-Present US Census Bureau- Field Representative 1999-Present Pre--Paid Legal Services, Inc. - Independent Associate 1996-1999 Mustapha's Wadi Catering Services- Co-Owner Education ( B.A. Interdisciplinary Social Sciences, USF, Tampa, FL I can make a meaningful contribution to the Neighborhood Advisory ---.. Board for the following reasons: · I understand the need for and the mechanics of building consensus · Ability to work effectively with people from all backgrounds · Aware of the interests and concerns of our business community · Conscious of the limitations and the possibilities of public policy · Empathetic to the challenges to homeowners of modest means · I know what makes a community attractive to outsiders and welcoming and comfortable for its residents . ( . - OJvdetfj- ---k. - 9-/c, -c:<5 - '11m CITY of DEL.RAY BEACH BOARP MEMBER APPL.ICATION Z CJ ne / 1993 ,2001 ,- thai'€? /Q/ne PIau or . t the foB . infcnmation: t. Last Name: II , 2. Home A;dress: Yc l u 3. J.cgaI Residence:~ ' D l ltlee. V olQV)Co.. of. Pzincipal Business Address: 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Ifao, when: an: you Rgistered? 7. 8. List aD City Boards on which you are currently servins or have prmOlJs!y Ien'ed: (please include dates) ,~ 9. Educational qualifications: . 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: h -\ ; 0 ( 12. Desaibe apedenees, W1Is or ~ wbicb qualify JOU IiO _ on this board: (PJcaae ~ a bDef' 1UIImC) - y~\ r , I haeby eenify Wt aD die llrat In( na are cruc, and I asm and tIIIdemand that Ill)' mis...- of 1"....,.;.1 Dca Jr.~"'--"""~""'--l"'''''' r ~. ~./~,2ro3 " 51 1URE DATE . NOte: This application wiD remain on file in the ~EocI 0(2 years !rom die date it was lubmitted. It will be the applicant', raponII t a current application is on file. "';. ~1Df SEP 1 6 2003 "..onf I" I C:J:lK '1-/ r ~v....;/ - fla.t'rdO>6:>er . P~IloA':B~P! ,~ CITY 0,- DELRA Y BEACH BOARP MEMBER APPL.l~ATION 1993 2001 information: . S~i Zip Code tie. 3~ (C Oq State Zip Code 4. Pmcipal Business Address: City State Zip Code - 5. Home Phone: - BusineSJ Phone: E-Mail Address: Cell Phonet 1'4 /) Fax: 7 J ('<Jt!.3 q@a..ol,(, fopJ-zY,qJ H so, where are you registered? 7. 8 1..., .u Or)' J!:>orc!s Oil ....hich jo.. ...t o:wrently ocrving or havt prniously served: (please include dates) .€, W._ 9. Educational 'luali cions: 1-/;' Se-h""c .{.' IV 10. List an}' rel2ted professional certifications and licenses which you hol : , ll,.; ~> e . 11. Give your present, or most recent ICInployet, and position: . 12. Desenbe experiences, skil1s or knowledge which quaIily JOU 10 laVe on Ibis board: (Please auach a bDef _e) J hereby certify that all me above IUlements are true, and J agree and 1mdemand dw any misnl"--t of material factS ' cd in Ibis 'cation may cause forfeiture upon my part of any appoimment J may receive. r q -(0. (;) "3 DATE Note: This application will remain on file in the ~!!~!)letiod of 2 ycan from me date it was submitted. Jt will be the applicant's responsi 'ty to ensure diit s current application is on file. ~tDI SEP t R 2003 CITY CLERK . Janie Ramirez 1114 S.W. 8th Avenue Delray Beach, Fl. 334444 (561)276-3396 Home Resume Many years of experience in the field of hairdresser . Diverse background on planning and managing events, Cinco De Mayo Festival in Delray Beach, and Our Lady Queen of Peace Mission Delray Beach, Carnival. I had leadership and directed the Mexican Kitchen. I had a position on the Mission Concern Committee. Report to Father Matthew Volunteer work at Multi-Cultural Festival ,First Nite in Delray Beach . 2128/95 to Present-Vogue Salon of Boynton Beaeh. Manager: Responsibilities are to keep the employers books run. advertisement. keep up with products,(what's new in market) styles, eleanliness, make cHents comfortable, and pay roU. Duties also include: my hands on the job. Have only High School Education: but no Diploma -"-"-- ,- ~'o~n ~..N ~ ," , {bjf4..;:j4~ , III J; CITY OF DELRA Y BEACH i ' . (!Jl BOARD MEMBER APPLICATION 1993 2001 infonnation: 1. Name.:... e.~ .J 2, Home A, ddre.s: :il. ~ City, State ~ ~w l"? <;s,V'.eQ.. D D.eo..c.- F\... 3. Leg.U Residence: City State "'5 4-~ ~ -S 4. Principal Business Address: City State Zip Code <Savne Sa.W\.-e. Home Phone: Business Phone: E-Mail Address: Cell Phone: 'Fax: '5'\-'11'5'--(.., '''" - 8. II 9. Ed\lcational qualifications: <!) 10, Q~ (!) ~O V t.J ~l 6V\ L~\L ......I",s ~~IM'''\P.JI> . I hereby certily that all the above stat ei1ts are true, and I agreed uriderstand that anymisstatem contllined' this application y cause forfeiture upon my part of any appointment I may receive. );/ard '2'2.-/ ~O 'Z.. DATE Note: This application will remain on file in the City Clerk's Office for a period of e it was submitted. It will be the applicant's rCllponsibility to ensute that a current application ~s.on file. MAR -? T21JlIr"ARDIAPPUCAOON CITY CLERK ) Samuel Resnick 2835 SW13th Street DeJray Beach, Fl. 33445 March 21,2002 Ph# 561330.8419 Karin Schell City Clerk's Office City ofDelray Beach 100NW 1st Ave. Delray Beach, Fl.33444 Dear Ms. Schell As per our phone conversation ofto-day, I am submitting this letter. When I retired and moved to South Florida in 1995, I volunteered to the City ofDeJray Beach for any commission or committee that could use my background. Unfortunately, I was not living in the city proper and could not serve. I have recently moved to Pines ofDeJray 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. ~ uel Resnick J ) Samuel Resnick 2835 SW 13th Street Dekay Beach, Fl. 33445 Ph# 561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated ttom City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Admini~tration and code analysis. Theses courses were given by Building Officials and Code Admlnl~trators, 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) Certi:fied as Chief Building Official by State of Connecticut in 1979. 3. Orean17J1tions a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Pahn Beach County Board of Education oversight committee on school construction from 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official ,I d) June 1957 to March 1978- Private practice as Architect-Engineer. , , e) From 1939 to 1957- (except for two years in U.S. Navy and three years , in enginering school) worked fur various architectural and ~iBt?1inns. I - ~'_._- ." ." ," -,' ".".. . .... '"', . , -~, '," , ' , ',' "'q>,<' c'::'~"":-h:::','-'i '.' , ' - u " ' ' " ," - ..,..,.. ." ..."'. . -.., - - ,. .' :' ;.- ;":"'~~'".'.' .....:..:.. -:. ~;'~''''.: - ':i1~.- u:."::.' ,',' 'c,~:cjr;~,~'(6R ',,' ".tn1;\Ql;p~tati'Ons " " "," , "'., ,,' , , " , ,"." ",'.' ,-.3,Jt& ' ~sais n1:o, '" - " ,,' cb:OQIJ.l<:o "ttee"Wh~'a1h -~~1~"" " ," ~ . . .... . - .. .. ~.~. ~:. ~~ -, ,', -' .:. . . .... .,.,..':~'.-.'. . ".;.. '.~ :.". .' :.~:_;. ." - . ~ ". ~ ~ . . . . ." . . , ~'~;~~~:"r ...... .i>. ...... ...... ..... ................. .. ............ ;_~~-:f.:..;:.;.:..:.:..~;'.:.>'-...._ . :::.:.:-'=-:;' ".-;:,- ;.,." . '".f' ::~:' ::....~ '..:-<' :.' . :",-,...: > . .' . . -' . ." ". . .;::.:. . );:'<.~.#i..;,:l~..~...;~~~. .:{ /O-I-t7.5 DB.RAY BEACH ~,jof'''+ it.ira:i:IIi .u . IclioCly CITY OF DELRAY BEACH , , II t! BOARD MEMBER APPLICATION 1993 2001 C'cmn Ia"'s e.. Please or tint the followin information: 1. Last Name: S:h;llll' <If\J MLA 2, Home Addtess: R~d State ~ Code \ L. '?4-3S 3. Legal Residence: I, State Zip Code ( \' I' " ~ " " I 4. Principal Business Address: City State Zip Code 5. ~~~{;;~~~lf7 Business Phone: E-Mail Address: Cell Phone: Fax: Jvnl'1 ''1S''- Ii h;r!'It~"" S ~ I ) 70Lj-, 310 6. fu:e you a registered voter? /v 0 - ^" ;"or If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: Nt! hbclrhoud. :SO( G.cloV,l 8, List all Ci Boards on which you ate currently serving or have previously served: (please include dates) I'(~ I "J.() 9. Educatio s;o,;f\t ~A~w's S I 10, list any related professional certificatio and licenses which you hold: 11. Give your present, or most recent employer, and position: DUinol'f'<!) \0 \ ~r;'" 1'''rt9~ oh\-c. P \/V' \kC{cks - Offl~ C{sS";~ 12, Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) r"'~ (~ fo t\.- ;1 0I\d. '.. '0,,- e?" . ,:J:c.i q \ o...~I1\CM "to --{Ire. ~."'"t I h eby certify that all the a ve statements are true, and I agree and understand that any misstatement of material facts contained in this application may c,ause forfeiture upon my part of any appointment I may receive. ~1f-hf/J/ lU(vrr? SI AW DATE ' ! Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file, S\ClTYCL.EIl.K\BOARD\APPUCATION DEUlAY IlEACH A7.-tl~ -a5' tI- " .. . . . . ... ""' Ashf ,#kl1t/t~tt CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2011 e.. h 1993 2001 &tV,..t~kUk> 1. Name M.I. r.::. , 2. ~~~ , 3. Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~\ '2..10":. -",2....'" S 6. Are you a registered voter? \J (, <;. 7. What Board(s) are you interested in serving? Please list in order of preferen= ~ t..~{) ~\/\\..:>~~ 0-.. IJl O'(v 8. List all City Boards ou which you are currendy serving ot 9. Educational 10, list any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and \ , r herebY certify that all the above snttements are ttue, and I agree and undersowd that any misstatement of Ullltl:ria1 facts . . ~ cause futfeiture upon my part of any appointment r ~eive. in this , I ' U/ (, , DATE I Note: This application will remain on file in the City Oerk'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 currentd'pIication is on file. RECEIVE ~TKlN OCT 2 2 2003 CITY CLERK DEUAV BEACH /1-tJil-tJtj ~ C.O,.J.ro t!.Q f CITY OF DEL.RAY BEACH l BOARD MEMBER APPLICATION j};myCl n J./,l{ f>e , 1993 2001 7LJne~ Please e or lint the folio . information: 1. Last Name: S,...i+h Name .J4me.s M.le. 2. Home Address: () . BlvJ. City be-I hL Oeqch sFL Zip Code /;1.;1.5" . c.e411 jl;lO;;l. 33""83 3. Legal Residence: City State Zip Code s.ltIe tlS 4t. ~.",e. 4. PlincipalBusiness Address: City State Zip Code 5. Home Phone: Business Phone: Fas: 'S1,1 0- 6. :Are you a registered voter? e.S , 7. What Board(s) are you interested in serving? Please list in order of preference: 8. ( , IE J tie.,. Kelt ~DO.;l. 9. Educational qualifications: S U"'i"el'$;+ ;. M 61. .. VI/',Urs; ().f- 11,'( . I 10. List any related professional certifications and licenses w '. ch you hold: . l1/1.D.~ ( Note: "Ibis application will remain on file in the City Clerk's Office for a petiod of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a euttent ~~ATION ~nV .. 4 2002 (".. ......i...2RK /o-~ -0.::) . ~':~'! PI'-t .It:r Ie ~ v-P:5 ... 'Iur CITY OJ: DELRAY BEACH BOARD _EMBER APPLICATION 1993 '2/)/1 e S 2001 Please type or print the foD~ infmmadon: 7ck<)~~J:n<IJ<~i ~ t. UitName: Name "TU,..T>JTII ' II 2. Home Adcbess: ~lray Beach Slate Zf:Cod 38 S. Swinton Ave. FL . 3444 3. Lepl Reaiclcnce: Oq State Zip Code Same ... Pmdpal Business Address: City Slate Zip Code Same , - ' .- w S. Home Phone: B"sineu Phone: E-Mail AddJas: CdI Phone: FIX: 561-278-58821 Same nyknottlll'bel1sot th.~:l:. 561-243-263 6. Are you a registered voter? H so, when: an: you registeted? -Les Palm Beach Countv 7. ~I ~~h 1ft ~ ~fted m ~~listm Older ofp..k.."""'- Nel.g 0 00' vl.sory ncl.' 8. lJst aD City Boards on which you lie <....~dy oerring or have pre'riouslyaand: (PJeue iDc1ucIc: clates) None 9. Edueaf!r ~tions: . , ' 1. overnment and Po11.tl.cs, Florida Atlantic University 1965 to. Ult In)' related professional eenificatioos and licenses which you hold: Virqinia Snyder private Investiqative Agency, A and C license It. Give)'pur ~enl, or most recent em~ and posidon: Ownea a ove agency, and or~ed as private investigator, from 1976 to 1998, now doing public speaking and writing 12. Daaibe ~ IllII.s 01 ~wbich ~~ to Ia;ft on Ibis boud: ~ MDc:h a blicf:_) Began coverl.l,'q "b.~lrav ~ach & Co. l.n 1966, had Sun-Sentl.nel:-Fort LauaeraaLe Nlt)fJl'-'.Bw.a::Ql!!-u.)'Otl;l\IQ ~eueraJ. "~g,,w<!X ~"O>''"'. Have i.l.veu. in DB for 32...Y'.ears. F:ecoqnized by two Governo:;-:;. 2l eyears apart. In 1975, named one of 14 "Outstanding Women of Florida," by Gov. '" T. , Qq/; ~, one rd' ,,_. ida' s Finest" bv Gov. Chl.les. J hCidJy ceniIy thaI aD 1he abOve ...-.... are...... aac1 J 181ft aac1 'lad .' "" dw my ......., .."t o( "",.~llaas ~ m.chis .opp1iadon may auae forfi:laue upon my part of Ill)' "PI" I.. ,""l J may receive. , ~' Q >CI. g~fI'...4- lO-4-03 SlGNA DATE Nott: This applicalion will remain 00 iiIe in the Oq Oak's Office for. period of 2 yan &om the date it..... submitted, It wiD be the applicant's responsibiIity to ~t. cunmt appIicadon is on file. Ce'VED ~1DI OCT -62003 CITY CLERK ., r Virginia Artrip Snyder 38 South Swinton Avenue Delray Beach, FL 33436 (561) 278-5882 nyknott@bellsouth.net PROFESSIONAL EXPERIENCE 1976-1999 President, Virginia Snyder Private Investigative Agency 1975-1976 Paralegal, Florida Rural Legal Services 1971-1974 Reporter, Boca Raton News. In 1974, received seven national, state and local awards for reporting. . 1966-1970 Reporter; Fort Lauderdale News EDUCATION B.A. in government and politics, Florida Atlantic University, 1965, AWARDS 1996: Named one of "Florida's Finest" by Gov. Lawton Chiles. "Because of the difference)'Qu make, Florida is a better state." 1994: "Bridges That Brought Us Across" award from the Guardians, the South Florida chapter of the National Black Police Association. 1990: Susan B. Anthony Award from the South (palm Beach) County Chapter of the National Organization for Women, "To those who display feminist courage in the spirit of Susan B. Anthony, " 1983: Certification of Award from the Florida Association of Private Investigators, "In recognition of distinctive contributions to the investigative and security Industries." Also, the "Stick-your-neck-out" award from Women's Advocacy: The Majority/Minority (W A/MM) for ", "outstanding contributions to the advancement of women's achievements in Broward County," 1979: Dr. Theodore Nodey Award from the Urban League of Palm Beach County. For "continued outstanding assistance to the disadvantaged of Palm Beach County," 1975: Named one of 14 "Outstanding Women of Florida" by Gov. Reubin Askew for "her contribution to her community, her state and her professioJ;\." 1974: Received the national, Florida, and Palm Beach County Mental Health Bell A wards for a series on South Florida State Hospital and the Florida School Bell A ward for a series ori Palm Beach County schools. Also received A ward for Excellence in In-Depth Reporting from the Florida Society of Newspaper Editors, Award for Excellence in Public Service from the Florida Society of Newspaper Editors and the Stanley Milledge Award from the Greater Miami American Civil Liberties Union. " Virginia Artrip Snyder - TV, Radio, Magazines Virginia has appeared on national and international TV, including "NBC Today," "Late Night with David Letterman," NHK (Japan), CBC (Canada), and the BBC, Her cases have appeared ,on "20/20," "Inside Report," "The Reporters" and "Court TV." "Unsolved Mysteries" featured two cases: the Bird Road rapist case, and the Amy Billig case (No, 5 on case list), She has been a guest panelist or interviewee on many TV shows, including: Arts and Entertainment WBFS Ch, 33, Miami ARD Gennan Public TV WCIX Ch, 6, Miami BBC WCKTCh,7,Miami CBC Canada National TV WFLX Ch. 29, Miami Court TV WFSU (PBS, Southern Circuit) KTLA "Woman to Woman" WHRS Ch, 42, West Palm Beach (PBS), Fla, , Metro Dade TV Ch, 34, Miami WLRN Ch. 17, Miami NHK Japan National TV WPBF Ch, 25, West Palm Beach ProSieben TV, West Germany WPBT Ch. 2, Miami (PBS) The Sally Show WPEC Ch, 12, West Palm Beach SIN Ch. 23, Miami WPTV Ch, 5, West Palm B.each TBS "Woman Watch" WSCV Ch, 51, Miami 20/20 WTVJ Ch, 4, Miami She has been a talk show guest or interviewee on radio, including: BBC WGBS, Miami CHML, Hamilton, Ohio WIOD, Miami FPR, Florida Public Radio WINZ, Miami KCMO, Columbia, Mo, WIS, Columbia, S,C. KOB, Albuquerque, N,M, WJNO, West Palm Beach KSTP, St, Paul, Minn. WKS, Boston KUMf, Salt Lake City WLW, Cincinnati, Ohio National Public Radio WNWS, Miami SAFM, Johannesburg, South Africa WOKV, Jacksonville, Fla. WBZ, Boston WPBR, Palm Beach WCIA, Fort Myers, Fla, WRNG, Atlanta WDBF, Delray Beach, Fla, WUVM, Miami WEAT, West Palm Beach WXEL, Boynton Beach, Fla, " Stories about her have appeared in magazines: Best of Lauderdale Modem Maturity Boca Raton Magazine Money Fiesta Ms Magazine First for Women Palm Beach Life Gold Coast People ~ Hola! Sunday Express Marie Claire Woman's World Miami Chapters and profiles of her and her cases have been featured in the books Against Therapy, by Jeffrey Masson; In Pursuit of the American Dream, by Bob Dotson; Living Longer, Living Better, Readers Digest General Books; and Senior Pursuits, by Roberta Sandler. ". ,J.j/- a5 DEUAY BEACH Hal eowc . , a I . .. II - 'Iur CITY OF DELRAY BEACH , BOARD MEMBER APPLICATION ! & Zone. 1993 2001 ell'eM J./Q(lur~ information: 1. STR f<./N Name HAR. VEY M'LO 2. Home Addres'3 <{ q 8 Ci State Zip Code 1HC&/2. C. {e.c.<.E a.f(AY EA<H FL 3~ 8's 3. Leg;U Residence: City State Zip Code S ~/It~ 4. Principal Business Address: t: City State Zip Code 'PeLle A..,I pR-ll fe-fZ.rt S 1>8-~'f 'P;,~tf- fL J'"ll1~"3 ~ '.5 IS. E'. (4 T;JJ If uc . S fJ l~ I" 8' 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ?~l- ').7).-/(.,4> 5(,,( -;). n -7{Gb II sf'a.",/" t!J /l-4L...Rdif.-. (gc.(_I-It<;~(.(1(, 5a-~1.(3-{,6f7 6. Are you a registered voter? Ye-S If so, where are you registered? ~/l o8'f 1!J"L.~p.y 7. WhatBoard(s) are you interested in serving? Please list in order ofpre~ce; ~ ~l>. 0(:- A-D JtJ~ cc.'O€ e: ""OR e.e;J1,€...rr f'L #1 Gr ' 2.bPW' 8. ) < ~<tH . 12. Deseribe experiences, skills or knowledge which qualify you to setVe on this board: (please attach a brief resume) f'L~t<f'"" <:;t;F .A 1t*-t! , e statements arc true, and I agree and understand that any misstatement of material facts ay cause forfeiture upon my part of any appointtnent I may receive, 3-2.r-02Gb$ DATE ) Note: This application will remain on file in the City Oerk's Office for a period of 2 years from tht; date it was , submitted. It will be the applicant's responsibility to ensure that a current application is on file. RECEIVED ~TKlN ....., MAR :1112003 CITY CLERK ----.-- , Attachment to Section 12 } City of Delray Beach Board Member Application I believe I am qualified to serve my city on one of its boards because of my professional experience, my commitment to seeing our city grow and prosper in an orderly fashion, and my belief that the needs of all our citizens should be served in a fair and compassionate manner. First, I am a licensed and active Realtor" in the City of Delray Beach. I am committed to supporting a balance between our need for growth and development and our desire to maintain our rich cultural heritage. I believe that opportunities for growth and development should reflect and support both our city's history as well as our need to supply all our residents with a wide range of housing, educational, employment and entertainment opportunities. My previous experience as a senior executive in the high technology industry enables me to understand the impacts of budgets on growth and gives me the ability to make the sometimes hard decisions required to balance "needs" with "wants." As a manager familiar with strategic and long term planning I understand the need for implementing orderly and controlled processes for viewing a wide range of requirements and the benefits of consistency in any ) review process. Second, I feel a strong commitment to seeing our city grow and prosper. I was among the first graduates of the Delray Beach Resident's Academy (November, 2001) and found the experience both educational and inspiring. I learned a lot at that time I promised myself that I would be back to take a larger part in making our city one I was proud of. As a resident I take pride in "my city" and do alii can to show that pride by attending events and taking an active part in city business. I have attended numerous Commission meetings and learned a lot about the process of how our city government operates. Now I feel it is time to give something back and participate in a way that will have an impact. Instead of just talking about what happens, I want to volunteer to help make things happen. Finally, I believe the needs of all our citizens should be served in a fair and compassionate manner. The many boards in our city are charged with implementing the rules and procedures by which we live. Rules make our society orderly and allow opportunities for all to live peacefully and in harmony. Yet I pelieve those rules should be enforced with an eye toward the end result they ~re intended to achieve. As such they must be dealt with in a fair, resPQnsible and compl:lssionate manner that allows all city residents to enjoy the city's benefits and its opportunities. ) , .. HARVEY D. STARIN 3498 HARBOR CIRCLE, DELRAY BEACH FLORIDA 33483 TEL 561-272-1665 - FAX 561-243-6087 - EMAlL: hSiarin@aol.com ) Strong Sales Skills, Focused On Results & Customer Satisfaction . Strong customer relationship management skills and extensive customer service experience . SkiIled at customer development and sales. . Highly organized time manager" adept at balancing multiple competing objectives . Extensive customer facing direct sales and sales management experience . ExceIlent writing and presentation skills. . SkiIled tradeshow manager, from concept and theme development to show/booth management. . Licensed US Coast Guard Captain EDUCATION BS, Advertising and Marketing, University ofFiorida MBA, University of Florida Kellogg School, Northwestern University, Executive Leadership Program PROFESSIONAL ExPERIENCE Senior Marketing Execntive Experienced in Madetlng, Sales, Strategic Planning, and Operations 2001 to 2002: Saratol!:a Telecom. IDe.: National Retail Sales Manager, Hired, developed and managed outside sales force seIling telecommunications services to and prepaid phone card products to the maritime industry nationwide. Performed direct customer contact. Developed retail sales strategies to increase volume and l1131ket penetration in this highly competitive industry. Developed and prepared reports for sales, ) distribution, sales force productivity and demand forecasts. , 1999 to 2000: &eIhibit.com. Boca Raton. FL Co-Founder and President of Internet Business-To-Business e-commerce startup venture with responsibility for all activities associated with creating and building the frrst Internet "Virtual Trade Show." 1997 to 1999: Lucent Technolocies New Ventures Gronp. Mnrrav Hill NJ General Manager - Persystant Techno1ogies: Created and launched a new Lucent Internet startup venture for the delivery of interactive training over the Internet. Responsible for negotiating and closing all initial test customer and frrst service client contracts with Fortune 100 firms. Created the vision for the company, directed software development and all customer related activities in the multibillion-dollar adult learning, corporate training l1131ket space. 1993 to 1997: Lncent Technolocies & AT&T. Basldn.. Ridl!C. NJ General ~nager - Learning Works: Created and brought to l1131ket the Lucent Technologies "Learning Works" intClgrated solution business to address the multibillion dollar opportunity in applying high technology to the training and education market, SuccessfuIly initiated product testing and first service sales with senior training and corporate executives of partner firms. Director of Marketing and Strategic Planning: Created and coached the teams that delivered high impact customer sale support applications to support penetration of visual communications products and network services lIDlong large business customecs. 1988 to 1992: AT&T General Business Sl'lItems. Parsippanv. NJ Product Marketing Director: Responsible for all product marketing activities, marketing collateral development, sales support materials, trade show management and execution and media relations. ) Other EIPerience: AT&T Information Systems: Branch Sales Manager - Ft Lauderdale, FL and Atlanta, GA c ~ \ , '. . , ) <" I :.:...,.~~:. , ' : , :z:! , , . ..... ' I -.... . "-" ...._;~'...,.". '~ ".'-" ~ a:EZ "..." ----. '--' ~-~--------~~--~-~-~~---~~ ,.. , Cu I I IS a. I i I I I I " .. I I I I i I . '" lL I I I I I I ~ I ! I I I I c ! I I I I I 0 I I , I I I ,~ I I " I I I ..J '" ., I I I , ! <r U I I I I I i I z w ... I I I I I .- ..... In a. I I I ! I I i lL lL <r .. I I I I 0 :c c ! I I I ! i 0' I- W 11. - I I I I I a:: ..... 0:: .' ! I I , I i J: ;:) 0:: 0:: I I I I I '" 0:: In 0 1 I ! I I .i a:: w 0 m.. n I 1 I ! I <C Il. ..J 0::-0 '" I I I I I T U <r -0 ... . I . l ! i W Z I~ I I I l I M - 0:: W i I ! I I ! I IS '" :::> Z OJ I I , , I I 's '-. W (0 Z <r ~- ! I j , I I "" 0 0 W U OJ I ! I I i '", t'J ... .J UJ ..... ..... . I I I IN " 01 V 0:: ..J~ I I I I';' lJ' z U WOO I I I 1 0 Z W In 11..111 \.I I I ., I~ W , , I ! .. W ., .. .... ..~ .. ~ ! l I ., ) I':' a:: > i. I I ! I > ..:> " . . ..... n. n, ..:> !~ , , ,~ ; .... C lrJ u U n c c c , i (JI 1-0 .~ - '" .. .I:J 0 C' W I , illl l.. .. .. :3K, s:. ! l .. t 0.. I 0 0 mil. ll. 0 I . ! , ". I I U Z I ....j) , . '" a:: w I I , a. II 0 '" I :~ I l -' ,I..) ll. ::> I I l Q. I~ J: UJ l I i I I Z 0 ! I I , 1m W <r ..J :~ I l i W WLL U I I s: ,> 0:: IO Z 1 1 I 0 !<( U 1-0 W I . I I '... '0:: Ell 00:: :. : I I ., ..J 0:: W n I ! U I W 0<.3 "" .. I I ! 1 .. i 0 51 ... fil0, ..... > I ! I I CL ! '" 0) lSl ..... in 0 I i I l .. ..........' !Q .., . s .:r. :z :z l- I , ! I <: , 0 - - :;: ..... a. i I , I ..... i 51 ...., a::~J:l:<C a. I I I , i '> a: lSl 0) "'U Q '" I I I , I It- 0 lSl - UO>-J:G::W .. I t\ , '''' I- -lLI......LtJI- - .l I I I ,V U N tt:::m:>..;.cotn 0 i , I I W "" 0 0::3..Ja ! I ll. 1/1 - '" <t .....0.. I , i l I I I f'] m M '" ll::S+(l:;:) I I I l , ISl Z (1) 51 !SI <rn- W!!:<I- ! I ~: I , " ... 51 51 lSl :t'MZt-......_ , I ! ... .. ~_nn-F" , , , , I ru " lSl 11. lSl 0) Q:OUltr ~\ ' I I I " I U N ll'':><(lLZW i~i I 0- - M Z <> <TOI- 311.. I ! ! J ..... ISI W In M..JU)>>O ! IJ I I i 't:l I -. I I ! " .. .. .. .. h _.. ... ..~ ... ... .. I ~: I ! , C > 1 I i . 0 . <: . . . . l.. . 0 1 I I 1 i , 1:1 ~ - 0 0 l.. 1 " ! ! ) , .' 0 ., . .... ." .~~~ I I I i ! - +> III .,., ! i I :J U u ..:> u Ul_ o+JCltn <[ I i I 't:l '" - -,.. .. Q.! w L C '- QJ I , 1 i .. a. - eo a. t.. u fit ftI-+J :5 1 I I I .c .. a. l.. .. "O~t::ClCtT I 1 I l U <: a. .. l: "lJ 1'0 :3 Q1 0 t'll , l I I (0 -' <[ 9- '" <("-Ol-{,)O:: l ! I L_____, _,_,_______,..,...._~____,__~_________'___.____J 2'd l.B09€v219S \.l~....e~s F:a"....eH 9-<JS'.a.5 , IJ t3 0"e.('(j /rf..a: ~/,""" ch,oJ. ~ 'liir CITY OF DEL.RA Y BEACH BOARP MEMBER APPLICATION -;2c;r} e ;;L. 6herWorJ-) Url< 1993 2001 Please or Mt the faD . wounation: t. Last Name: $-he \ 0 M.L Av,l\.\ 2. Home Address: State ~Cod 3 wtClI\O tSl uA. F\ ~ ~<fS- 3. Legal Residence: City State Zip Code , $":p,A, .. Pmcipal Business Address: l).&Tb. City State Zip Code ~\ . .\ie. All PIcA f'1 3~4c:j't 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: '" cts 5".3 7~ 3 74 \.:t 6. Are you a registered voter? 7. What Board(s) arc you interested in ( 8. or hIve previously served: (please include dates) 10, List any related professional certifications and licenses which you hold: {\j II. Give your present, or most recent employer, and position: Ih ( 51 Note: This application will remain on 6le in the City aerk's~ O'e~ from the date it was submitted. It will be the applicant's raponsibi1ity to a current app cation is on 6le. ~TDl SEP 0 8 2003 CITY CLERK 9 tJtj-c5' qdt/e;";"i1~3i- DEUtAYBEACH C!.on$u. qn -- CITY OF DELRAY BEACH , , II J! 0 . BOARD MEMBER APPLICATION Z-Dnt?- 1993 {dIm ~ C(Qr'e 2001 Please information: 1. LastName;\rQ.\la...+ to NameT M,L e.s:> L 2 Home Address; 0. :;c: ~AIte\'\ +1- City~ ~ State Zip ode FL . '3 <e~ 3 3. Legal Residence: City State Zip Code ~ 4. Principal Business Address; City State Zip Code fS BLl. FL 33 g<.. 'i usiness Phone: E-Mail Address; Cell Phone; Fax; "lS\j S7'l, s~cn~rn 'HtnII~~\}\i)+r.6une . '5(0.1' S'O<{. C(o,/S" '.;;'Yl%.otq'K 5CDI.SD't-Oll>\ (e; 6. Are you a registered voter? If so, where are you registered? 7. 8. list all City Boards on which you are currendy serving or have previously served: (please include dates) nooe... 9, Educational qualifications: " ~\rv I hereby certify t all the above statements are true, and agree and understand tha any misstatement of material facts contained in this a~eiture upon my parr of any appointment I may receive. ~~ C1~03. SIGNATURE' DATE ' , Note: This application will remain on file in the City Clerk's O~Jlars from the date it was submitted. It will be the applicant's responsibility to ens , 't cation is on me. S\CI1YCU!RK\lIOARtMI'11ON SEP t4 2003 CITY CLERK Teresa Lynn Travatello 49 South East Seventh Avenue Delray Beach, Florida 33483 travatello@earthlink.net 561-278-0198/561-504-0615 Professional Objective A career in advertising and marketing that will allow me to use my acquired skills and experience in communication, organizational, marketing and interpersonal skills. Fulfilling a passion to gain even more experience in the aQvertising world by working with top professionals that pride on excellent cuStomer service and invest in their employees and as a team work together and strive to be the best! Surrunary of Qualifications Expertise in developing and executing marketing strategies, Effective in expanding market penetration, generating new clientele, increasing revenues and decreasing overhead. Experienced in generating new business contacts, providing product knowledge and client development. At ease in various one-on"One and group speaking environments, Proven track record for successfully meeting goals, Skilled in MS Windows, Macintosh, Spreadsheet Software, Internet, Microsoft Outlook, Power Point, Act Database, Highly developed communication, interpersonal, organizational, teaching, program management, and leadership skills, Dedicated and self-motivated team player. Demonstrated ability to quickly achieve organizational integration and assimilate project requirements, Work Experience 10/01- Present ...........The Forum Publishing Group/Sun-Sentinel.........,Deerfield Beach, FL AdvertisinglMarketing Consultant Responsible for selling advertising space to new clients and servicing existing customers, Visit clients and assist them in meeting their advertising needs utilizing a variety of popular weekly and monthly newspapers. Accurately designing ads for production, preparing contracts and advertising orders, as well as collecting paYj11ents. Actively Gain an aptitude for sales with an assertive and outgoing demeanor, and a desire to succeed. Maintain a professional appearance, strong communication skills, and the ability to work in a fast-paced environment to meet weekly, monthly, quarterly and annual sales budgets. Play an active role in the community to promote good will of our company and educate about our products, Administrate a general marketing plan for my clients to ensure their success in opening their business in the area, Consult advertisers on their marketing plan and budget for the seasons and the year. Build strong relationships with merchants and professionals in the community to promote referrals to expand my client base. 6/00 -10/01.. HCRlManor Care-Arden Courts Alzheimer's Assisted Living.. ,Delray Beach Marketing Director Actively manage short and long term leads ~o qualify prospects and advance them through the sales process, Developing and maintaining relationships with a targeted base of referral sources, Maintain a working knowledge of local market trends and competitor offerings and pricing to develop effecti ve sales and marketing action plans, Inputting aH inquiries into the computerized sales inquiry management system, Conducting property and community ~based presentations and educational seminars where appropriate leading to quality inquiries. Hosting trade events and attend networking events to sponsor company effectively, Developing annual marketing strategy and training illternal staff on Marketing and Customer Focus. 11/98-6/00..... ,..Senior Advantages ofSout" Florida, Inc.....,Palm Beach County Director of Business Develllpment/Account Executive Develop and execute marketing strategies <4:signed to generate new business for new area retirement living communities. Target doctors, hospitals, social workers, social service agencies, home health and other agencies, Cold contact and network at meetings, seminars and conferences; and foHow up and develop prospects, Provide staff in-service training to promote programs. Assist families with selection of appropriate community demographics, Work with staff to coordinate client placement. Track expenses and maintain expense reports, prepare weekly marketing statistics with short and long term strategies/goals and acquire new community contracts to expand network. ContinuaHy update in-house database and referral software, Launched business expansion into the Central Florida area by obtaining new contracts with communities and breaking in a new network area to expand referral sources. Chair and participate in area health and social work association fund raising campaigns. l0/95-11/98........,:Zacher Healthcare Facilities, Inc.....................,........Lake Worth, Fl Marketing and Admissions Director Directed marketing efforts in a In-bed assisted/independent living residence, Liaised with hospital staff, social workers, rehabilitation centers and other agencies to promote the facility. Conducted in-service briefings, managed phone inquiries, market reports, tours and new resident orientation. Worked closely with other departments to ensure high standards of quality care, state regulatory compliance and resident/family satisfaction. Supervised one and carried out department head duties as a team player. Education South University..... . Associate Degree in l3usiness Administration Northwood University". .Bachelor Degree in Business Administration Personal 2001 Disney Marathon, 2002 Virginia Beach Half Marathon, First Team All-State Field Hockey and Softball, Who's Who in Athletics, Member of Gold CoastRunners, LPGA Volunteer, Little League Coach, Volunteer Alzheimer's Association, Alzheimer's Community Care, United Way, Animal Rescue League, Sunfest, Delray Affair, Harvest Fest, Fourth of ;~ Flagler, Leukemia Society Fund Raising Committee, Delray Business Leaders Leads Group, Delray Parks and Recreation, Residence AClldemy Graduate, Ambassador and Active Member Delray Beach Chamber of Commerce. U--l-':::~-~ .1...,).100 HILH'tI.1'-- ~I".I n.1l.;1M ~UUL .1.::>0..1.':::(:;0.1.(10:::- r-.IO"') DlU4Y IlfActt /t1-,;J.t/~J t.ad -6/uole^ ;"fUr CITY OF DELRA Y BEACH BOARD fJlEMBER APPLICATION 1993 Ze;~!!i 2001 infOJJll2bon: ~~ ,~ Namel\ M. 0.. 0 (\ c... 2. City State .: Code FL 3. Lep1 Residence: City State Zip Code 4. Pmcipol Business Address, City Stale Zip Code S. Home Phone: Business Phone: E-M2.il Address: Cell Phone.: Fu, ~\)~~(i>-qlc~ No/')-<. .-v-o......e .VQ/,\-c. Alc)f)e 6. Are you a regisr:crccl votci? i\J 0 If so, ",here 8n: you ~S[ered? 7. What Boud(I) Itt you interested in serving? Pleas. linin O<der o{prefctenee: e:, ""'00' 'r\ OO~ i\..~\ji~\ 00(\c...~ \ 8. tin..n Cil)' Board. on -..hich )'OU are CUtr<:Iltl), laving 01 hove prmoudy ,erved: (pluse iloelude dJ.....) ()^~ 9. Educational 'l"olificauons; \ Q..M (,.) C-I ';:'0-'1 h or 10. List anf rdated professio II. Give yo,,, present, or most recent anployer, Uld position: -. l:z. DesenDe apcslenees" IIdI1s or bowledge which ~ "''' CO Im>C on chis baud; (PIcase mxh a.lorief ruwn.) -r. ;1.9- ! , C> , ("1'1.&0." I huc:by ecrU/)' tha the ..boY ..tem..... are IN" a.nd I ~ Olld d that any miJStW>Dca, of _taial laos .....tain.d in IN. oppBcaaon "'"y co.... (otfdcwe UPOD my part of lDy"ppoinanau I may =cive. ~ /WUU 1 -LO- do 4-03 SIGNATURE DATE Note: nus application...w ran2.in on liIe in the City Oede's Office (or.. pc:s:iod of2 ycu> from the dstc it "'as ,ubmined. It w:i1I be the a.pplianr', responsibility to "'A'e CE!rveDPpliatioo. f'~UCA.1DI OCT 24 2003 CITY CLERK TOT>L P. 03 . --.- ---- IlUVVZ. O'S:-tJJ ~LY.':II~".!=t'! ~J.I,..d iJ,5 .~. t 'lit1! t. - CITY OF ~ELRAY BEACH BOARD MEMBER APPLICATION ZPnl?d--- ., 1993 2001 r; , ~(kJ . iafoz=abOA: e.'IL Nmle Sne..\o\<e N "'.1 - HOlN: Address: City v.e\~ Slllte Zip Code ...-c.._....., ....A4.d L,.. AI-<.. ~~ ~ '"3 $'+'+ (;' 3. I.qaI Residence: " City < l Sllltr: Zip Code .- " ... Principal BlI.u.ess Address: City Zip Cod. 5, Hom. Phon.: Busin... Phone: E-lIWl.Address: Cell Phone: 1'..., ~~~ oS',," K ';l..."6S @. /Wl.- ", S"7'3 'l S s-r ~'i{.-3" 'l 6. .An you . rcginw:d TOa:r? '1e-5 If '0, whet. _ you ..~t....!? l .................... "i>_ 7. What Boud(s) _ you inIeres1ed la HfVing? Pleas. Ii", in Older of pm- Ne 1,\ h~o&J, Q-.f' A.bl,^~ ~ "'\ c.o-..l~~' L I ::fi t' C...J..t-e-, 8, U.. all Ci<r Boards 00 -..Nth you... curremly I<Mng or bll"C ~..-.ed, (PI.... iD<hIde d.ta) .. :Vel.~ G~ 6oL. ,;LDOO - Q,o-e3 . V,\\""t..Q.. O{Jl~~~ . ( ~'3 . ~. Edu..1:ional quali{0<2dons: e~ ...-- 10, !.iSI any relarect professional ~cui~s lUld liceoses which you hold: . " ~-(',. ~<> <:c:... ~"'TY4 cl Q II. GIve yom prCSCllI, or molt _t anployu, atwl position: \ -" "'?~.... ~ '..... ~(.~_co ^-.)- . ~~ Ik.s~, s..~ BcD.. -~ l.It-I- Q.W.......... ~a........ 1>5 - , heft . that all eM aboft..._ --......, .....lIIOder.-d .., ~. -cat ofiDaaial faas _...oined la this ,.rf...ao......,........ fOOC.._........ rttyportof..., "I'fou-.....J 8lIyftCdv.. C2~ _~...() 'i?k-~3 SlGNA"l'UaE J)AT1l - Nott: . s applicaaon ,.m <erDain 011 61elrllhe aty Clerk's OBacelO% a pcz;od of 2 years from mulateit was 5Ubminccl, J, w.iD be d>e applicam's respoasibl1ity to _ dIat. ClIfftDt orppliClJicn is on 61.. e ,"11.........(~ ~o~tcJ..-Y:;......r"lta--c~ ,,~~"""c\. S~tt~~ -,.........- 0-(..,,-... Q......, ~1>-l. ~ A- \) ~ 1).;;.\........"""1 ~ ~ ~-P-.-::u:>e '"'i AUG 0 6 2003 CITY CLERK GO'd LS9E S6~ ISS 'ON ~3 113M Al13HS ~ AH!ija 15:11 30! EO-SO-DOij Shelly Weil ":. S/:lelly Weil, although retired, - from business. continues to serve \. others as a volunteer: presently serving as Chairman of the Delray Beach Education Board, a member of the Executive Board of the Gulf Nafioiial'Relationships Committet:! of .the Boy Scouts of America, He has served Delray Beach as Chairman of Kindness Week, a member of the Millennium Committee and a member of the All American City Steering Committee who traveled to Atlanta to watch Delray win the award for the second timel As a resident of the Hamlet . Country Club, he has served on many_ _ committees of the Hamlet Residents Association Board for seven years and as a member of the Board of Governors for three years, serving as its Vice President. Membership Chairman and United Way Charity Day Chairman. Shelly is a Sixty-year veteran of Scouting since the age of nine. He received as a youth his Eagle Scout, Explorer Ranger, and Explorer Silver Award In' 1950. As an adult, he received the Silver Beaver Award for service to youth on a council level, the Sliver Antelope , I for service to youth on a regional level, and the Distinguished Eagle Scout Award for attaining eminence and fame in his field of endeavor. He is currently serving as a member of the Board of Regents 6f the National Eagle Scout Association. - During his years as an adult volunteer he has held many leadership positions, including CUbmaster, Scoutmaster, Explorer Post AdvIsor and, many council positions including District Chairman, Council Vice President and numerous national positions including serving as Chairman of the National Jewish Committee for five years. Shelly served as leader of the New York Metro-Area Phi/mont contingent as well as Scoutmaster of the Northeast Region Bicentennial Troop 13 consisting of 35 Eagle Scouts' camping at the Lincoln Memorial in Washington, D.C. He organized and chaired the Arthur R. Eldred "first Eagle Scout" Chapter of the National Eagle Scout Association. While in the military, he served as Scoutmaster of the base Scout Troop 34. Over the past 36 years, Shelly has staffed the last 8 consecutive National Jamborees and the last 7 consecutive World Jamborees in Japan, USA, Canada, Norway, Australia, . Korea, Holland and Chile and is looking forward to serving on staff at his 8th World Jamboree in Thailand this coming December/January. As founder and CEO of Miss Chocolate Company, Shelly worked with non-profrt organizations for fund raising purposes. His hobbies Include marathon running and recently completed the Disney World 26.2 mile marathon on' January 6, 2002 at the age of 69: His last previous marathon was 20 years ago. He also loves amateur radio contacting Scouts and Scouters all over the world on a regular basis including participating in Scouting's largest annual event, the Jamboree on the Air. ( Shelly is a father of two. Eagle Scout son Gary and daughter Dore who is a physical therapist in New York. He is a grandfather to two beautiful girls. Shelly and his wife Cathy along with their yellow /abrador love Delray Beach, Palm Beaeh County, and Florida. EO'd L9BE 96t> 19S 'ON X1;l;l 113M Al13HS i AH!1;lO 2S:ll 3n! EO-SO-Dn1;l t RESUME . lO:1D.T -L1<""!/IIE1L Ce.->....".~L c-Q.. ~v, S.O'^i.. , - fJ"'<q, {,J."v I wo~ like to ~ considered for a po.sition o~ the~~ I ~l that my extensive ~et conumttee expeneuce and my leadership roles m many other oIgaJUZlltlolis will serve our c:omrmmny well and c:ontnbute considerably to its future. BAMLEJ:J1RVICE 1998-p.,~ Member Board of Governors, Hamlet CoUtItry Club 1999-~econd Vice President. Hsmlet Country Club 1999--~t embership t:hair-rnm1, Country Club 1994-Present ~ of Hamlet Residents Association Board of Directors 1997.Presem Public Relations Chair, Hamlet Residents Association -- Responsible for Cable Program for the entire c:oIllIlllIl1ity 1998-1999 Chairman Temlis Comm.ittee, Hamlet Country Club . 1995-1999 Fitness Committee 1998-Present Organizer, Harolet (C'-E..RT.) Community Emergency R.esponse Team RespollSlble for the purchase of two defibulators.currently ~ at club 1996-1997 Co-Cbair, HRA Security, Hsmlet Residents Association 1996 Chairman Charity Day -organized a 96-~ committee to benefit the United Way ( Charity 1994-Present Camp Hamlet Committee 1995 Nominating Committee - Hamlet Countty Club ---. 1993-1995 Membership Committee - Hamlet CounttyClub .~.,_.__..- . ---.-- 1993-1995 President FolC Hollow Homeowners Association 1989-1994 Fox Hollow Representative to H.RA CIVIC AND NATIONAL SERVICE 1998-Presem Deiray Education Committee - Second Vice Chairman 1998-Present Liaison to Carver Middle School &. Heritage Academy 1986-Present Delray Amateur Radio Emergency HurriC8Ile Disaster Network 1997 Chaitman Gathering of Eagles Dinner BSA, 7 Counties S. Florida 1997-1998 Co-Cbair "Delray Kindness Week" 1996-Present P ..RO.D. . Progressive Residents ofDelray 1995-Present Executive Board Gul&tream Council Boy Soouts of Ameria (BSA) 1992-1998 Chair, National Jewish Committee BSA 1986-Present Member National Jewish Committee on Scouting 1992-hesent National Standing Relationships Committee BSA 1992-1998 National Religious RelatioDShips Committee BSA 1988-Present Board of Regents. ~nal EasJ.e Soout Association 1986-Present Chairman, Nv....h )b.,..."a. Israel Boy &. Girl Scout Federation ( 9.4<-0~ I ""........L-.. .'tle..~ e.o.-.&~ t::.~ ~-;..e<>3 c.\<A.,.....~ ~~ ~u~~t?d:? Q...l!Ii::I3 M.. (,..""'- V,~\"-)e.. ,"-........0.. 1 c.SL '- " ,..~'i).-~ ~. "p/)........c...~.o..l- ~ .... ()H..,-/" Cc5..~ .g~ oS @...I"CO:' ~ CC$ s-e..I......~ S'7~ aoA~ ~O'd L9B€_~6~ 19S 'ON)(1;I.:I 113M Al13HS ~ AH!~O €S:11 30! €O-SO~~ .-.--- -.......,. "---'-~'- /o-/~ ..af , ,qdm IIJ t'~-ka.)I'./e CITY OF DELRAY BEACH (2;~ 6I/o.j7/t7'yee) BOARD MEMBER APPLICATION Zo/l2. ~ 1993 2001 Please or lint the follow- information: M,!, J)elrIfY I. Lan NlUlle: \^J In ; am 'S Nunc .pamel~ 2. HomeAddrc..:.;2~ f' I ~ AWIl City ..Dell-a" bc..l1 S'fL Zi Cod<: ::J N \\J . \K, 33 3. Legal R""idence: City ~ State Zip Code 5aKl1€- ~ , )'U- 4. Principal Business Address: City State Zip Code ~Y'~. SdlYU. 5. Home Phone: Business Phone: E-Mail Address: Cd! Phone: Fax: -501 --l+-'lcA'0 ~~.. 73?;, ~1~1.J~ cs.c~ :it fyA- 6. {S If so, where are you regist~d? 7. What Boat<! s) :on: YOll interes1l>d \ ~ 8, liSt aD City Board. on which ~}fte ~ndy serving Qr ha"e pr:eviously 5C1Vcd: (Please include da~) '\7\'1...<... ' 9, Ed...,.,;on.o! '1~6Cl..io"": : ~I ~I E5v<:lOu.ot< l'" $~ Col! - , 10. list any related professional certifications and licenses ;'b.ich you hold: . ~~ . - 12. De.crlbc C:XpcriCllCCSh5kiIls O[ knowJedse wbich q~:wu fa .+t;e on this boatd: (P~ _~ a brief J"sume) V~i:..~ 1'JYlf'bll Ylt'K:::; d";YC.lillldl'"\ e.;I('JoT~ &dfnt, >111' . ! OCT :l 3 2003 \ DATE ~ Note: This applicati-;'n will remain on file in the City Cerk's Office for a period of 2 ~ar: fr~m <he date it was submitted. It will be the applicant's responsibility to ensure that a currenl<f~~on IS on file. RECEI ~~~~~ OCT '1'3 2003 CITY CLERK C;~d1-a5 DEUtAY BEACH f/du 5 ;/):] /J;:J F -- , , IIJ! CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 6' Zone 1993 2001 };ti)'l ~r:De~ information: M.L~. 2. Zip Code VEA1Vc.,. 3. ~'-lt... ~~ 05 ~ K 4., Principal Business Address: ~ State 33 SE Au~u~ Fe 33 5. Home Phone: B~bIDt>P.e: E-Mail Address: Cell Phone: Fax: ( - ~ I€ -X5-()J>6~ Are you a registered voter? 6S If so, where are you registered? , e.s 7. Wlut B~~% are you interested in serving? Please list in order of preference: 'y,,' G:LG.H8 \) AD ~s<:>e; 8. List all City Boards on which you are currendy serving or have previously served: (Please include dates) 9. 104>-."1 OAw.Ai 10. list any related professional certifications and licenses which you hold: ;7U">N ~ ' 11. Give your present, or most recent employer, an~sition: ,E:D.~) ~ 1{&S7 tJooS1..tJG Pto6eAH ~AG'&L 12. Describe ~riences, skills r knowledge which qualifY you to serve on this board: (please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts . ed in this applicati n ma cause forfeiture upon my part of any appointmenr I may receive. . . ~, cy,~/D3 " DATE Note: 1his application will remain on file in the City Clerk's Office for a period of 2 years from the clate it was submitted, Ir will be the applicant's responsibility to "'R'eeE:fVE'C)'plication is~~"'AnllN SEP t4 2003' ("ITV r.1 i=RK' -- MINERVA L. WILSON 205 N.W. 8111 Avenue DeIrayBeach, Florida 33444 561-276-5941 EDUCATION American Homeowner Education & Counseling Institute, Washington, D,C, January 2001 Received National Certification for Homeowner Educator & Counselor (CHEC)- Durham Nixon-CIay Business CoUege, Austin, Texas June 1988-June 1989 Gradnated from Legal Assistant Program in June 1989 B6nn Jr. College, Bryan, Texas, Summer 79 and FaIl 87 Completed coursewoIk in Psychology and Real Estate PROFESSIONAL EXPERIENCE . CENTER FOR TECHNOLOGY, ENTERPRISE & DEVELOPMENT, 95-Present Housinl! Prol!ram Manal!er . rnanilge day-to-day operations of the Affordable Housing Program . oversee and manage Americorp volunteer . actively promote the goals and image of the program within the community by making the public aware of the programs and develop participation in the form of clients, sponsors and partners . identilY and enroll qualified first-time low-income homebuyers throughout the service area . assist potential homebuyers in resolving credit issues; calculating mortgage capacity; identifying subsidy sources; selecting a lot, house design and builder; preparing a construction package; making application for construction and pennanent financing; and acting as the homebuyer's representative throughout the completion of construction . work c:1osely with lenders and government agencies to ensure that all loan and subsidy requirements are satisfied . continue, evaluate and monitor existing programs for the Housing Department and. with approval, create and execute new ideas to improve the program . seek out new opportunities, negotiate and enter into projects, in conjunction with the Executive Director, beneficial to the Program . support trainingthrough homebuyer education workshops for homebuyers . work closely with lenders and government agencies to ensure that all loan and subsidy requirements are satisfied . responsible for preparation and submission of Housing Department budget to be included in Center's annual budget . responsible for preparing project budgets for use in evaluating potential projects and for use in actua1 construction of approved projects . responsible for seeking out and applying for grant and sponsorship opportunities Business Incubator Administrator . provided direct support to the Executive Director, staff, volunteers & clients . interviewed potential clients for Business Incubator . responsible for client contracts and agreements, invoices and payment schedules . responsible for client progi"ess reports, monthly reports, and qwirterly rePOrts " ___._______._'.,~,_______~___.__._._ ,..,_._...._,~+__~_,_____~,.__,._.._._~_~_._.____...___,,_.~._~_~..'M".__~...___.__~_._.._~___Ov ._______u._._.._.o" Minerva Wilson - page 2 . drafted, typed, and proofed letters, memos, contracts and various other documents . worlcshop coordinator . mainmined, coordinated and expanded the drorts of partner institutions involved in the program in conjunction with the Executive Direcror . continued, evaluated and monitored existing programs . supervised workshop schedules, arranged for advertising, registration, speakers, materials, setting schedule and location Adminiatrative Assistant . Office ,Managerl Administrator . supervised the operations of the Incubator fucility including the maintenance of the office and responding to the business owners' needs . provided direct support to Executive Director and Incubator Coordinator . recorded and typed ",inlJtes of Regular Board meetings . answered phone and provided secretarial support to 50 plus clients . OFFICE OF THE ATI'ORNEY GENERAL, 6189-6/95 Natural Resources Division LenI Secretarv II . maintained complete and accurate control of attorney client files . drafted, typed, and proofed letters, memos, contracts, and various legal documents . filed pleadings with court clerk · prepared and assembled exhibits, notebooks, and documents for court · . COordinated travel arrangements for attorneys; prepared reimbursement vouchers . opened and distnbuted mail to attorneys . prep&re!i automated docket sheets . utilized case management system by opening and closing cases . entered tirnesheets for attorneys, investigators, and law clerks . monitored post-judgment collections . assisted legal billing coordinator . retrieved and entered date on computer . occasionally served as back-up receptionist Antitrust Division Administrative Technician II (Case Manll2ement and Le2a1 Dillin!! Coordinator) . litigation support for pre-trial discovery . drafted, typed and proofed letters, memos, contracts and various legal documents . entered data relating to cases processed, time and cost incurred, and payments received . made travel arrangements and processed reimbursement vouchers . legal billing coordinator . maintained a centralized record keeping system for opening and closing cases . operated computer for retrieval and data entIy . entered timesheets for attorneys, investigators, and law clerks . served as central records liaison . maintained law libmy . microfilmed documents . distn'buted mail and ordered supplies . Safety Officer . served as back-up receptionist . .-------.--..-.'..."..-.....--..,..-----. ,,, .~---.~..,-.'.,--- -'-"'-'"-~'-~-'-'--"""-"-">-''"'-''~--''-~'-''---''>-._--_.~.~._".~~'---- ---~----^._- Minerva Wilson -page 3 . TEXAS COSEMOTOLOGY COMMISSION, 5/89-6/89 Data Entrv Oerk . entered data from cosmetology license applications . implemented quality control procedures . produced anc\ generated cosmetology licenses . WESTERN TEMPORARY SERVICE, 7/88-5/89 Secretarv . prepared correspondence, memos, pleadings, and other legal documents . implemented quaIity oontrol procedures . maintained files . answered multi-line telephone system . FIRSTCI1Y NATIONAL BANK, Bryan, Texas, 10/84-6188 Accounts S~i8list . assisted customers with their account balances, deposits, and problems . prepared financial statements . maintained articles of incorporation . microfilmed documents . GENERAL TELEPHONE COMPANY, Bryan, Texas, 1/76-8/84 _ Accounts Services Rqlresentative . solicited commercial accounts . set up new accounts for residence and business customers . assisted customers with billing inquiries . assisted in the collection of delinquent accounts . assisted with the development of the telephone directory I'ROFFSSIONAL ASSOCIATIONS Member of Executive Committee Carver Estates Youth Program, Inc, Member of Advisory Committee CommuDity Justice Planning Center Delray Beach Residents Academy -~-,-,--,~_.~---,----,-.",-,------,-,,,,---",--~---,-,...__..._--.,_._,-_._._._._-~-.---,,-,_.._._---------- , ....-..-,...-.---....-..-.... .--- ---~--.. /L)-Q? -OJ OEtRAy BEACH Cily P/anrJ-e/' ' , lit .. . .. ... - 1111~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Zone I 1993 2001 iJ.-Je~~e information: 1. Name '[; C 6 it:: MI.l'( ,A)~ G A City a State Zip Code '-'S fro.. FL. ~.::t'i4 .r City State Zip Code II II ,. I, " < \ I, I , 4. Principal Business Address: City State Zip Code /00 N.W. 1'iC Ave., u e... ;Je/".,..y dtt.04Ct, FL 33'(Lflj 5.' Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ..<'IJI~ S'6/-67t>-7a>7 S6/-Z.'73-/o~"I l...bcK J. b~ 5"'1. t7o. /oli? S6/. 21../), 7ZZ/ 6. 'Ne you a registered voter? YES Ifs ,whe are you registered? (), d~~ J, d,.,., 7. What Board(s) are you interested in serving? Please list in order of preferen~e: Nt.,' ". 1I00vl"",.. Ct>......c..1 C.1/,1c) 8. List all . ty Boards on which you are trendy serving or have previously served: (please include dates) 9. Educational qualifications: 0... A. - 6CD ".. I, U",-V. 01 /ft61, M. . - U-tt." ^ ((> If ) R""i,{" Atl...... ... l-/'1'WI'f',''t 10. List any related professional certifications d hcen es which you hold: ~t"t n.er 'cllA1.t} Ac...i c.-.. 6,....,,/u..ie... present, or most recent employer, and pos tion: C./. dl ()"/r IJc <<<.1, - /1SSC. Go I%.."t:-<... 12. Desai e experiences,s or knowledge which qualify you to serve on this board: (please attach a brief resume) Od...,.ft!.J K.....owlt..( c. ,,1 C-I I~ c.v ...... c. I.Vr tt, /%,,,,.,.., P1. irs u. 4Jw....t.o/ 7t.c/..",-c..j sKd,s I hereby certi tJiat all the a 0 tements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of -any appointment I may receive. J.,pti:tf 4.L '---' IDIot /03' SIGNA11JRE DATE' I Note: This application will remain on fde in the City Oerk'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~'tag~n fde. rrYCLERKIBOARD\APPLICATlON OCT ~2 'nnJ CITY CLERK ~ City of Delray Beach City Clerk's Office ~~()MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Karen Schell, Executive AssistantIBoard Liaison SUBJECT: Neighborhood Advisory Council DATE: November 4, 2003 Attached please find additional applications for consideration to the Neighborhood Advisory Council. Appointments are scheduled for City Commission meeting tonight, November 4, 2003 as agenda item 9 I. EXHIBIT "B" Applicant Occupation Subdivision Zone 3 Delbert Kohl Federal Government Andover #1 Zone 4 Rita Ellis Climate Control Services Delray Isle Zone 6 Mark Behar Property Management DelHaven At Large Representatives Mark Behar Property Investment Management Rita Ellis President - Climate Control Services, Inc Attached is an updated "EXHffiIT B" listing all applicants with the correction of two applicants zoning areas. The additional applicants and corrections are noted in red, EXlDBIT "B" Applicant Occupation Subdivision Zone I George Braverman Retired Marketing Rainberry Bay Frances Chassen NA High Point #7 Gerald DeFoe Sales Manager Country Manors Alice Finst NA Chatelaine Hansford Higginbotham Management Consultant Lake Forest South Sandra Keener Marketing/Communications Sabal Lakes Jayne King Teacher Chatelaine William Milner Field Representative (US Ceusus Bureau) Chatelaine Scott Zubek City Planner Waters Edge (City Employee) Zone 2 Robert A Gillespie Realtor Sherwood Forest Stephen Lampel Asst Controller Hidden Lake Samuel Resnick Code Admin/Engineer Pines of Delray (Zone correction) Charles Stravino Fire Battalion Chief Sherwood Park (City Employee) Sheldon Weil Retired-President/CEO Fox Hollow Zone 3 Shirl Fields Jewelry Designer Andover #3 Milton Kay SaleslMarketing Andover #2 Susan Kay Case Manager Andover #2 Delbert Kohl Federal Government Andover # I Karen Lustgarten Teacher/Communications Eastwinds at Crosswind Zone 4 Charles Augustus Retired-Teacher Chevy Chase Lane Carlee Educator La Hacienda Cory (Caroline )Cassidy Administrative Coordinator Las Palmas Mike Cruz Engineer Lake Ida Properties Richard Edick Management Consultant Ocean Apple Estates Rita Ellis Climate Control Services Delray Isle Cecil Jamison, Jr Architecture Del Ida Park ZoneS Marilyn Alford Neighborhood Organizer Odrnanns L'Tanya J Allen PBC Sheritrs Clerical Sunset Park Delilah Austin Program coordinator Groves of DeIray Evelyn Dobson Community Assoc Service Town of Delray Bunny Elrod Realtor Town of Delray Gail Lee McDermott ArchitectlMarketing Osceola Park Janie Ramirez Hairdresser Strickland Virginia Snyder Private Investigator Town of Delray Pamela Williams Administrative Assistant Town of Delray (City Employee) Minerva Wilson Housing Mgr Town of Delray Zone 6 Mark Behar Property Management DelHaven John Bennett Retired Attorney Ocean Breeze Estates (Zone correction) Fred Fetzer Marketing Tropic Isle Gerry Franciosa Retired Law Enforcement Tropic Isle Nancy Sclmeider Flight Attendant Lowry Park Estates James Smith Controller Banyan House Harvey Starin Realtor Pelican Harbor Teresa Travatello Advertising Consultant Palm Square At Large Representatives Mark Behar Property Investment Management Mike Cruz Owner of two - 10 unit complex Rita Ellis President - Climate Control Services, Ine Jayne King President - PROD Alice Finst Board member - President's Council Roy Fraker Chamber of Commerce Students Gaubert Alexandre NA NA Charline Guillaume High School Zone 5 - Osceola Park Edcy lean High School Zone I - Chatelaine Aaron Larkin High School Country Lane Estates (Recommended by Atlantic High School Guidance Counselor) Allison Mattocks NA (Boynton Beach) Donald Paul High School Zone 1 - Chatelaine Raymond Schillinger High School (Ocean Ridge) Aaron Ussery High School Zone 5 - Town of DeIray (Recommended by Atlantic High School Guidance Counselor) - tJJ "f%"'c)::} OElRAY BfACH Pro(Jf'rly . ., . . . . .. t1JM.R~enterf ~ CITY OF DEL.RA Y BEACH BOARD MEMBER APPLICATION be / /.!rxJ.( f') 1993 2001 20/1 e. Ie 1. M, I, ;;:s: 2. Zil' Code 3. 4. Principal BUSi~~S '~~~ If State Zip Code 5, Home Phone: Business Phone: Fax: ~- > 6. Are you a registered voter? If so, where are you registered? ~ 7. What Board(s) are you interested in serving? Please list in order of preference: . . - - 9, Educational qualifications: ,1 y /I ~ ~ - . - ~ 10. list any related professional certifications and licenses which you hold: ~ . 11. Give your present, r most recent e ' -cw~ d: (please attach a brief res , ~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained'. oma upon my part of any appointment I may eceive, 15 Note: 'this application will remain on 61e in the City Clcrk'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 cllIffe~fV!;A~~IIlOAJUl\APPUCATION MAR 2 6 2003 -- --... ! OFFICIAL PBC RELEASE: MR. MARK J. BEHAR APPOINTED TO PRESIDENTIAL BUSINESS COMMISSION Washington, D.C. - Congressman Tom DeLay of Texas announced today that Mr. Mark J. Behar of Delray Beach has been selected to serve the State of Florida on the new Presidential Business Commission. The PRESIDENTIAL BUSINESS COMMISSION (PBC) is an elite group of leading business and professional people and political strategists who will be advising the Republican leadership on how to protect the President's Majority in the House in the upcoming elections. Mr. Behar was selected based on outstanding contributions as an Honorary Chairman of the Party's Business Advisory Council, a position Mr. Behar still holds. On the Presidential Business Commission, Mr. Behar is expected to playa key role in helping the Party craft their strategy in the important closing weeks of the campaign. Commenting on Mr. Behar's selection, Congressman DeLay said, "The 2002 election will be critical in determinine the course of our nation, particularly in terms of tax relief and national defense. I am thrilled to have Mr. Behar's expertise and input as a resource in the final weeks." Mr. Behar will also be invited to attend high level meetings in Washington, and is expected to receive a special thank you picture of the President. ." #### 10 ) . PAlO FOR BY THe 'tATIO..u. REPU811CA" COHGftESSIOlfAl COM,.UTTEE HOT PRIf(TED AT GO'lEFlHIII:HT EXPENSE 12 ...1lA rw""......... W J , ,9 . . II, l1li1 >>) ,.~ ,l' .. r .~ . -. ~'.. . --.... " . - c,' ." _"_ . . ',_ _" , ~"'_____on_.lncIudlng _.3<lI_lloIroylOoon_......_,___Ill.....__..._. -_-01"'_ . thtIr""'''MonIhanalnexlrnonthheWIIIgtftMChofhlllelWWll$50InCMh...-- ",' . .. -- ~_. , . " .' ForOur ;'eetray<IaiH;IIenI.:reecItes ' W tnto ........forJt8liday .. , ';~~;gi~cash,atld~mrer . '._ -', >-', --_ . ',_ -", .C_.' ...~. .......'III!f ~... ',:'~;' .->:~"'l&.ln.~~fttsoB __~...tIo1lvesol'8wtnto[) ,'-~ ' .'.., ,.: " ;.AilanucA_.liMtlWa'_ '__IaDe.ray"ach.'U ~..........liodllle;'IiIoy\lU'kqolO"'__ ,,' "'..'lIa!andY."' .". . . on ,:'';'r:ClleIDl .,' :'d""" falIllI... UIIto .. bIs ' , , ", _r aald Ihat dOInglOlt "*",-.,. _..... ot~ ,lit ....-- aMi.....-. ....iI& Ilkellll8. eopecla'ty wi '-'tll'DIDt '''!8'''tIIe :~:bell'Iy~""'"iOrD"'., ",:'a.._1I. lbe wotId \Od ~or~JI!IlIbr~ , BeaCll, 'I'll" """-...:r. ~.-,<.. ___lfor. _pie 01 'Beam 'lI!:OldeaVMa~ lIebar. ';_led to do _. ",' ,.,.,..,....' ....1 1101 -..... ...'..... 11,_ . ."Wllb'" - --r,-" ."J 11b 1111-" ...l( 'a deal,.. or.... '1aaIea4 '...' __aIlotl__. "~lbem:B<har 'w.... 10 ... lIle _td _ ..1iId1l4la& 1lll!Jedt. lb. 34-,..... 'Clqll...~. '_y_. ~''''''IIl!lIf' ;i:...'f:'~-= =""t...-.I_ao IIYeII , ......*!'Ml.......J-'I'.y.. ,'eld"'IIIo-...J~' A,.httllem')tldllC' ..........~~.....r......, ",.:~ _v.w__.' ,tC!"'~ ...... ~ 01 ~1O~lb_~Ia~ "HEADACHE SIJFFEllS" andam....tIl...lOtu... -.td....a11 ..dlOcom. " , """orble_'50ln ,', n '~'..-, - . ' : 'c_,. ._ ,.- ... -<i:' 'l.l~.:CIIA,~tllell1llllMte 'I8CetlleranddoouroWII.p ,:~ ................... 0................ _ not Ie... .......l1ll ~ a ......... lO rei.... I0OI. of ." "..... ~A~ G. ,:' r,., " .1oIa1 of 112. tOO OOIIlag !\'om _ ad pain \hat many 0 C ,:' Dli' ~ 'Dns (' ......t n..i. , , .....r'o JlOd<et - for Breada GO .... going U1rongh lItI. he , -'-, -,. J " ,,' .'" ...lClI~' _ or 1IOIw'o"'" ,_ ......n. , , ..'." ..... mil To1Cuwl . ,::' '> " . " .< " .....)liara. lbe _.1 , IIope and cIlaIIeace odI. : IIoa - -A ~........ free oepott _what \o:od;n&........ ~~ tUc die - _ey ... allowed ber 10 reat,aI JII'l'IlOl'lY """.rs and , <ffr<tM -, of' '<bet ..EVEaJ To .we- die ltutb about what ...Dr ....... _ '-"....~ , '::': UIlle ...... GO ber _ 'od>er busl.... _rs In I< -...,.Ooplria """......~ Il<lp,.;..;CoII..... t~'f1S..i.I'.......~..2( '" ''e''tlot'' '..-...':_ '-foIIow-llf '-.!liyao ---~"'oolIP:r""", of-ljUt..._~,.;J"""""" . _.' "."~_.. ,,-:.-,;~:-""'_'''' . " ".<-- -. ".'0' . - - .._,-" .--- ~ ;.;, ~- "', I\IbIIbed 1a ~ lr ML...:.... - -_..~_. . ADYamSlNG SUPl'lEMEHTlO 1ltf PAlM B~ POST . lHURSOAY. SEPJrMBER 12.2002 Boynton Beach Boynton Beach Businessma: City Commission Starts Mentoring Program Project Updates Behar Beach Pro.::" & Investments own... baok training., said Behar. Mark Behar, enjoys . a mentor to people in the Behar wants to teach the next generation of Below are notes from the Aug. 20 community who seek to get into the investment and entrepreneurs the "the ochoo! of hard knocks' wa: meeting.of the Boynton Beach City rental properties field. and learn to ~ daily duties starting and I11IIIIiDg their own business. Commission: of running theinnnt business as a sm siness "Even if they don't wanl or Iilte the Property G, . .Bethesda MeinofIa' Hospftal's Physician owner. On their own time and at their own expense they the oItiIIs and attitude that ! can teach them tegan' Paril:1nC lot: FoUowklg . lengthy discussion fuOow their mentor OD a daily basis until his day is runtUng a business can beIIefit them in most any between parties. . land use amendment business they choose for themselves," he said. "'t and two requests for rezoning land parcels fioished five to seven days a week. They do aD the the meat and. potatQes of owning your own smaD were approved by the Commission; COlTlputer work. phone caDs. faxing. ~ business. I want to teach and train individuals..me bookkeeping. accounts receivable and Ie. trips to . .0000llUon of the Mangrove Perk High Home ~t OfliceDepot the post ce, etc.. as well have been told by others that they couldn't do $Choat Building was diScussed and it was as aD lea$pects, including filing aD necessary something arid/at cari't succeed. I teDthem 'Hey. decided to ask the eRA to sotye the documents and papers for legal matters at the Palm prove them wrong.' .. dlfemm.8. This item will appear on the eRA Beach County Courthouses in Delray Beach and West Mark considers himself a self-made businessD'". meeting agenda in the near Mure; Palm Beach. and of cours< anYlhinJ else that might who Sincerely wants to help others succeed in the happen, arise, and/or breakdown . roughout the day. estate investment business. For more infonnaaon. ) - Phase II of the dOwntown Marina Village "It's the real world, reality, hands-on; one-on~ne Mark Behar at (561) 737.9605, or (561) 279-2335. Project Including Rezoning and site ptan epproyet was passed by the Commission; Lobby - Issue of 8w8rdq the bid fo(b1tfaco8St81 ~ In~v"':"ments was tabled; V olunteeJ .Cftr~__ ___ III Bob I<atz Itlr two poljects: Needed li/I'_ Restaurant - .30,344,72 end BootcerT'sRestaurant_ $8,669.75; The Gt-eater Boyu' -Awarded 8 $48,000 engIneering contract Beach Chamber of to Hazen & Sawyer to study the Commerce is reauitit opportunities for obtaIning grant funding for volunteers from the expanSion of the wastewater re-use community to assist if. system; day~to-day operations. the Chamber's Visitor - Authorized purchase of seven parcels of Information Center. land for the Northeast 7th to 10th The Visitor's stormwater Improvement project: Infonnation Center is -Approved the spending of $1.512.50 In open from 9 am. t031 Monday through Frid: city funds in support of the Sister Cities and caters to visitors, Intematkmal program; residents and busines. - Adopted on second reading the looJ<ing for infonnatio' modification to the water rates to the Boynton Beach entourage conservation. community and surrounding area Stonnw..r 1mpt4.41IlMllts Prafect attractions. Updole, Volunteers have tfl - Cost~ Bella stormwater - complete choice of working timl (S344.595); mornings. afternoons, - Industrial.Avenue/Lake Boynton Estates day-or more. Primary stormwater -- under construction responsibilities are ck ($3.008.390); in nature with heaVy . Sand Castle water improvements _ customer interaction (; Construction begins Sept. 3; the telephones and in . Seacrest Estates water and stormwater person. A goodkno~ I improvements - construction is 85 of the Boynton Beach percent complete: community is helpful ~ . Northeast 12th Avenue stormwater a pleasant. and a drainage and seawall - complete; courteous phone mam - Northeast 7th to 10th stormwater improvements - drawings 90 percent isamust. complete; attemPting to obtain remaining For mOTe informaf eight parcels. call Enid or Connie at Chamber at (561) T.l?-9!;/)' , -: ,u/-~~~. . . '-, " ~IIEI II -;Q.lAt.L BUSINESS ISSUES :r.::;';"R.....- nm for . ain Street.. According to di.e.NFlB, Prui4ent-Buab's ...~ '~'--- e-OllRlllIlII!>erol :. Tax "lief. It ..ould '~'Iut}'eO<'olleatlHure- f'lloI pe_nt, 'Jm:reue _liII_la... ~l:<< ti-._~_re.... bulineaes to USe the simpler method of cost ucountlng. . Attordable health care. The If.::identWlntl to allow Ima I.business ownetl and employees to band toge;ther __1lDes0Dd_... 'i-o:.J..:..J"'T,I ,~....to.-lI&W ....---. . "Iu!a,",,~. The "'~".t'o -flait '~.~ .tretscth~n the 8m - :BulIi. ..... Ac.tmini<<ratio~'s Office of' Advocacy to mate sure .mall.buliness' intereats are luIIy_derecUn new regu. ' .....' , '. -'~.-1 . hlb. 1 clll at . ....'1biol1,"'.n1_lfft ' ~--la.. aad ntJUl.': . tions-that prevent amaD buai- , ..-..frpm~ ! ..... tblllf -Ill ........t ! WIUlCeS. ! . Faimeas in biddl~ for l federal contracts. The presl- ! _ugendacal1sforan...d i to the practice of -contract I bundling." government agen. I ,cleo' packaging of ameller i cOntract& to,etber. Small I J..----dlatqnttobid-on .one ClMItract can't compete WIth luprcompanies. . -, 'S 0 U THF'Lb RI D A , ' . . c . . . State panel h~ PlJbli<:a)~entsoncondoboards BYJQEKOWN STAFF:WRITER DAviE ., From the condo- minium board that forced a' 77~year-old woman out of the apartment she owned beCause. she owed the association 4' cents to thO$ll thatspendOW11.' em' money with impunity, a iltate task force ,heard hun- dieds ofreasoosTuesdaywhy __ condo laws nee4 to be_ written. , Although the noisiest in the iwdience of about 400 were de- uumding the, House Select Committee,on Condominium . Governance changethe laws; the public hearing at Bailey Ha1lllttheBroward Communi- tyCoUegeCampus'in Davie iI1sO incIuded,veterancondo dh rectors who~ed theyareu't ' needed. What needed, they jnSist, iscondoowners~ to serve'lllI !!ir:!l!;tOI'l! andl;1:0P 8,GflEE: Keith Taylor, from left, and Karen Augustus, both of Pembroke Isles; and Philip Castronova and Coinplainingilti6ut everything Jean WjntefS of Boca Raton attend the hearing on Tuesday.1'hotoIGlnny DImn ' their boards do." < " ' ' Committee e.liRih.\.~JuIi!> ~Di.ents based on the size <If and asked to give the state Bu- Bobaina, oR-Mi,mtsiid the' ,the a~eilt rather than ,reau of Condominiums more, ' !lfghtmembersWil1!11~e1se- equal cost for each owner; authority to resolve disputes JO<.!BDUiit(:llllbereachedat where in the sta,t,,; iilcluding ,askedforalawto,make com- withoutmakiJ!gall owners in iliollin~comor Orlando,J~eandNa- munityassoclll,tionmanligers an ~tion payfor:themis- 9!)4.385;79l3. pies, reVie'WContinents'frQI,ll ,more aCcountable to owners; , takesoftheircjirector.i. condo residt!ntsWith state Jaw- '" ' ' yem, and declde'what should , ",' "TheOrig;"al" ',','," be changed' It willrepnrt to House S~ JQbiUlie Byrd. Liqllid Sidi"g'rM ,'Liquid Stuc~oTM , and recOmmendatiol1S will go to the full Fiousl! eiuiy n~ JellI'. l.iquid,~"'isanM'..' .,-ahe:ma- -paiat.Liqbid.Sidias-..'tIDOlcl<< _~~ ~"-d ~ , . Housecomm1tteemembers, !\V<,..poiPIio&_.;,.yt~'TIUS..... __opUt,ad.bUIle<_dUp. Li<I'"4~_""""",of ' 'c:UbccI.:~_~~a~ 11ic~'WUiDveQtedillc-da. ~_.._it"._~-;~:!fIa!a.___" who metfoi-thefjrstfunein Mi-, "yet of__................. __30,....... .....................;oilfiDc.~'..~'?~ .,;' aini1ast~nth,said they have '.".....;_..,..................of. ...............LiqaidSidiao"'_.' ........_m,".......11IaoO_., " beenh~~but.hor- aeditCNd_pmvide..,. ....~ 'aaIIy_~as"'a:kdocC>>lllirr&-:: ~~~wiD~..l~.: ror.storiil$~ IlbbQt~domini- ._~,Today.~oflpaesbaw:. coutal~. Atuesu1tofdllc _ cIisCouaL. -' '.-,- .- :-_ "-. ~. Me~rsptomised ac- -~-.............t1aIiko .......,..-..........,..~""-ca...f c', ....--_....qmI_., , " '...,', '~~',' , ,,' tion. .. , ,- " , ' _ofIO~,?~".': """"'~, a tree est.....te",' "We'lI;makl! s\lJ'ethelcon- do] OWIU!1,;\1!!P.\1@o~~on .' ffi=;:'~"#i~al4t~' , their sid~iit1d'nQl;bajetol>eek , their,ownlegliIoounseI,. said. ,,"'""""'....,....sku_.. (954) 9734J181 Rep. Juan Zapata, R-Miami. _..............of6S_pdor , ,-_Is_""__ ..u..r.n.doaof.............aadaalylWo ~""'" Condo residents asked the --____ ' aftciw.nL 1bc.......... eoimnittee to outIaw condo as- . .............. JWJ Is Ihe,."....,. . ~ IS l.ic8r.- t<buOOOOO7<1O soWonba,.......lQI.IlhMQJdIrl'll:lrla . WtaIIedbylocd~ 1V-wilh.tOO- QassA ~a- ~7#6z #~JVJI!'+~oN " ~V~~ Mr. MCIIIlJ. .... #1700I.C'al.lMI.ftI' , -~ /'" IJ4;;? ...."~-=:.=f501-:::b ~~ :...- . -o,,vpo Vw~ WtVW~iJ.Of"(la - . ~. .. ..0 ''-'" ",---'.'G,,;,":;';,:- -..,' !!: ~ .'i....,..s. . .....~4>c :. . QI ..--_ -J):{c::',>----,:@1\~-_..r~-G'I . 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Zip Code 4. ~dpol BuslDm ~dre... . State Zip Code c:..\.......'f'f\<.. C.:> TO\ &.......",<:.f:~, ::t.N"- '\~oO ih,,-t0Pob '\6oz.A.J.,. ~I 33lf'i~ 5. HQale Phone, Businesl Phone: Cell Phon,,: ~ 6(,,1 .~? 8'. ,,,I- !il>l-J.IJ?i-'/i c:.l: t "If <.oed , 6. .A,re you . re&i"e.ed vo<<r? If '0, <llhcre ... you te~ltered? - ~ I Pr..s.:.... ;- ; cscJ- 9. , ~1"-S:~ UJ+ 1:1. Deocabe apelienee.. d.iII. or kDcrwI which cpWily you '" oe<YC 00 ;hi. boud, (pI.... ....ch . brief' <<.lIIlIe) f\ 1 "...by artilY the. .n v.e .bcwe .---,"", cruc. and I ~ ...411Ode1taAd v..r lilY lIllJ.__ oC m.fetW ("," in dUo appUc:a1ioJ:! ~y nUll! foddturl "POD ...,. pan of lilY .I'I'=-' I may, neelve. (nA~ q J Ado3 DAn Note: Tht appUalion will remaln Oil nlelr> th. aty am', Office for. period of 2 ycan trom th. .~ (, w.. ."brnitted. I, wlll be dI. .ppU~""f" ~'pon&ibility to ....\It. that. ......llt opplieati... i. Oil file. Jan'CLJN:'<<7~"11QPl I RECEIVED ,', " MAY 0 9 2003 CITY CLERK l0-d S3~I^M3S 'OM~H03 3L~WI'~ .... t<:=01 ~00Z-60-^I::::IW ,t.,;.;, .'" ,:,':,f::.:, . "':,.'.J,"I:U'j{ lu' Oeerfi..ld Beach .......,.,............954-426.2081 CLIMATE CONTROL Oelray Beach ......,.................,.561.278-7125 We.1 Palm B..ach,..............,.....561-848-3774 I Stuart ............,.. ....,......., ..........561-223-8583 SERVICES Fax for Sate. ..........,.,..,..........561-274-3501 Fax for Sarvlce ....................1-800-791-5647 '-,-~,- .!!'-. CORPORATEHEAOOUARTERS ,_ . J1Lwara 'IVinnirrg Servia '/< *, 1900 McNab Avenue '::.ir".:'_"Ji''::'' Oelrey Beach, FL 33444-1598 Rita W. Ellis PERSONAL Rita W. Ellis Married: Dean Ellis 32 years 2 daughters 24 and 27 President of Climate Control Services, me- , (Celebrating our 30th year in business ;n 2003) PROFESSIONAL ) aimate Control Services, Inc. 1993 - Present Staying Perwet' - A substantiated history as an established business. Climate Control Services is family owned and operated, establi&hed by Dean iUld Rita Ellis in 1973. Rita managed operations until 1997, when she became President. Climate Control Services is Palm Beach County's most reliable source for air conditioning replacemenls, indoor air quality services, service contracts, major appliance services, and plumbing services. Contributions to Aid Community Oriented Projects Greater Delray Beach Chamber of Commerce 1. Business Pel"5on of the Year - 2000 2. Ken Ellingsworth Community Service Award recipient - 2001 3. Ambassador Rising Star Award - 1999 4. Board of Directors -1997 - Present 5. Executive Board - 2000 - Present 6. Local Government Affairs Chairman 1999 - present 7. Board of Directors for DELP AC 8. Graduate Leadership Dekay , ) "FPL'S 111 AWARD WINNING DEALER" Ii * ".ii : \'.n~li ,::' .I':!~ ".~ : ,; ~ '. :1'.: ~.: ,; ~ '1,<\:'1 i"!' .'. I:' NADCJ1 IAdoor 1Ir '~:.'.,!'..; .1.:':11 i.~..!...1 :'.i ';F.:: :,.H I ;:1.:;'.,.1:, AIt * I..; ,.:.',. :',I:! .l;:.'d: I', ':i ~1'.;11 ~1- ~,.,ot":Uiijlp~ Qullly -'- .. ; .:_~. "\'.; :Ir. '.~ !:: :ll\J ,I:! ~; .- Z0"d S33I^~3S 'O~~H03 3l~WI'3 .- ..- w" 1<:::1211 :z:00Z-60-At::IW , ! City of Delray Beach 1. Downtown Development Authority Board Member 1998 - Present Vice Chairman 1999 Chairman 2000 - Present 2. Visions 2010 Facilitator 3. Joint Venture Board Member 2000 - Present 4. Charter Revision Commi~ 1997 5. Campaign Manager for the succes6ful election of 3 current city commissioners 1999 - 2002 ) ) ~0.d ~- '-'. ... S33IAM3S 'O~iH03 3i~WI'3 Wl::f <':Z:0t ~00Z:-60-^t;::tw /lo/lcJ5 p~Lll~': 8~S:t1 r;oI...,er f b ov-J. ~ CITY OF DELRA Y BEACH 'Illt BOARD MEMBER APPLICATION Allckv-R{' ~K:.+ I 1993 2001 'Z:Jn..tl ~ M.L E 2. Zip Code 33 3. ~ <1 h< ""- ) Zip Code 4. Principal Business Address: City State Zip Code j(/ /.1- S. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: .st:>/-~37-0bqS- ,v /rI ;U //1 /lJj/9 6. Are you a registered voter? If so, where are you registered~ /r 2 ) 7. What Board(s) are you interested in serving? Please list in order of preference: C' dv' r 8. Cit}' Boards on which you are currently serving or have previously served: (please include dates) ~ 9. <? certifications and licenses which you hold: AJ<'H.( t t. Give your present, or most recent employer, and position: 'd. , ~.. ,& 'e~ I c/p,.-<? <7 I I hereby certify th2r all the above statements are aue, and I agree and understand th2r any misstatement of material faCts ~;$us. forfdrore upon my part of any appoinaneny m~=k ;J 00 3 SIGNATIJRE DAlE ~ - Note: This application will remain on file in the City Oerk's.. weDr 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. NOV 0 4 2003 1'CITYa.EU.~TION CITY CLERK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERrJr1 SUBJECT: AGENDA ITEM # 10 A - REGULAR MEETING OF NOVEMBER 4. 2003 ORDINANCE NO. 41-03 DATE: OCTOBER 31, 2003 lbis is second reading and second public hearing for ordinance No. 41-03 amending Chapter 2, "Administrative Provisions", of the Land Development Regulations by amending Section 2.4.6(H), ''Temporary Use Permit" to add horse drawn carriage rides, ice skating rink, carousel and other related holiday/seasonal temporary uses authorized by the City Commission. At the first reading on October 21, 2003, the Commission passed Ordinance No. 41-03. Recommend approval of Ordinance No. 41-03 on second and final reading. S:\City Clerk\agenda memos.Ord 41.03.Horse Drawn Carriagel1.04.03 D/( #1 TO: DA~~MA!'AGE. FROM: PAU( DORLlNG, DIREC R OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 21, 2003 CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.6.(H) "TEMPORARY USE PERMITS" TO ADD CERTAIN SEASONAL TEMPORARY USES AND RELATED REGULATIONS AND RESTRICTIONS. The LOR amendment adds "Horse Drawn Carriage Rides, Ice Skating Rink, Carousal, and Other Related Holiday, Seasonal/ Temporary Uses" as one of the temporary use categories allowed under LOR Section 2.4.6.(H)(8). The amendment further imposes regulations and restrictions under a new sub paragraph 2.4.6. (H)(3)(d) which requires these uses to be sponsored by the City, Community Redevelopment Agency, the Downtown Joint Venture or other agency which is formulated for the purposes of economic development as approved by the City Commission. In addition, horse drawn carriage operators must have a license agreement approved by City Commission. This amendment will clarify the process of approval necessary to accommodate the new seasonal attractions introduced by the City last year as part of the Thanksgiving/Christmas season events. Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with an furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board will hold a public hearing regarding this item on October 20, 2003. The action taken by the Board will be reported to City Commission at the meeting. By motion, approve on first reading the amendment to the Land Development Regulations regarding Section 2.4.6.(H) "Temporary Use Permits" , based upon positive findings with LOR Section 2.4.5(M)(5), and setting a public hearing date of November 4, 2003. Proposed Ordinance lOA ORDINANCE NO. 41-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 2.4.6, ''PROCEDURES FOR OBTAINING PERMITS AND APPROVALS", PARAGRAPH (H), "TEMPORARY USE PERMIT", TO ADD HORSE DRAWN CARRIAGE RIDES, ICE SKATING RINK, CAROUSEL AND OTHER RELATED HOLIDAY/SEASONAL TEMPORARY USES AUTHORIZED BY THE CITY COMMISSION; BY ADDING A NEW SUB- PARAGRAPH (0) TO PROVIDE THAT THESE USES BE SPONSORED BY THE CITY, COMMUNITY REDEVELOPMENT AGENCY, THE DOWNTOWN JOINT VENTURE, OR OTHER AGENCY FORMULATED FOR ECONOMIC DEVELOPMENT PURPOSES AND PROVIDING THAT THE OWNER OR OPERATOR OF CARRIAGE RIDES MUST HAVE A LICENSE AGREEMENT APPROVED BY THE CITY COMMISSION; RELElTERING THE REMAINING SUB- PARAGRAPH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on . and voted _ to _ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detennined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, "Administrative Provisions", Section 2.4, "General Provisions", Subsection 2.4.6, "Procedures for Obtaining Permits and Approvals", Paragraph (H), "Temporary Use Permit", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: 2.4.6 Procedures for Obtaining Permits and Approvals: The following procedures shall be followed in obtaining various permits and approvals as indicated by subsections headings. (H) Temporary Use Permit: A temporary use shall be required for any of the uses listed below. The granting authority of each use is as shown. 1. Circuses or Carnivals - City Commission 2. Uses under a Tent - City Commission 3. Sales Offices and Models at a Residential Development Site - Chief Building Official 4. Construction Trailers and Compounds - Chief Building Official 5. City Operated Facilities - City Commission 6. Seasonal Farmer's Market - City Commission 7. Temporary Parking Lots - City Commission ~ ,Horse Drawn Carriage Rides. Ice Skating Rink. CarouseL and Other Related Holidav. Seasonalffemoorarv Uses - City Commission (I) Rule: No temporary use shall be allowed except as provided in this Subsection (H) or as otherwise provided for in these regulations. (2) Required Information: A request for a temporary use shall be made via letter to the granting authority. The letter shall contain the following information, as applicable to the use being requested. (a) Name of petitioner; (b) Name of property owner and consent therefrom; (c) Location of site; 2 ORD. NO. (d) Purpose, activity to be conducted; (e) Period of use; (f) Proof of ability to connect temporary electric services (see Article 7.2); (g) Proof of ability to provide toilet facilities for both men and women on the premises, subject to approval of the County Health Department; (h) How foodstuffs are to be handled; In addition, for circuses and carnivals, the following is required: (i) The nature of the advertising or promotion activity to be conducted for the circus or carnival; G) Proof of whether or not the applicant, or the individual identified as having the management authority or supervision of the circus or carnival, has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense; (k) If specifically required, copies of all printed advertising proposed to be used in promoting the use; (I) If specifically required, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative. (3) Regulations and Restrictions: (a) Uses Under a Tent: 1. The use of a tent, or tents, shall only be as follows: a. The sale of seasonal items which, when protected from the sun, provides for a less hazardous product for public use (i.e. Christmas tree sales); b. Assembly occupancies to protect the public from the elements. c. The use of tents for retail sales or other commercial use is prohibited, except as otherwise permitted in this section. 3 ORD. NO. 2. The tent and site shall comply with the following: a. The tent shall be approved by the Fire Marshall for fire resistance. b. Adequate fire protection equipment, in a type and capacity as approved by the Fire Marshall, shall be provided on the premises at all times. c. Payment of a permit fee [2.4.3(K)] and a deposit of $50 which shall be returned upon determination by the Chief Building Official that all debris resulting from the use has been removed from the site. d. Obtaining of permits for electrical and health and sanitation facilities, as applicable. (b) Circuses and Carnivals: 1. An investigation of the applicant's business reputation shall be conducted by the City and the request shall not be approved if such investigation discloses tangible evidence that the conduct of the circus or carnival would pose a substantial threat to the public health, safety, morals, or general welfare. 2. Permits for electrical and health and sanitation facilities, as applicable, shall be obtained. (c) Seasonal Farmer's Market: 1. A farmer's market may be permitted within that portion of the City's Transportation Concurrency Exception Area that is west of the Intracoastal Waterway, for the purposes of downtown revitalization, subject to the following restrictions: a. The market must be sponsored by the Community Redevelopment Agency, the Downtown Joint Venture, or other agency which is formulated for the purposes of economic development as approved by the City Commission. 4 ORD. NO. b. Operation of the market is to be limited to the growing season (generally, November through May), but not more than one day per week, unless specifically authorized by the City Commission. The Commission shall establish the specific days and hours of operation, as well as the duration of the temporary use permit. c. Products to be sold shall consist of agricultural produce, plants and flowers; baked goods; and cheeses. The Commission may also at its discretion approve the limited sale of related products such as handmade crafts, prepared foods, and promotional items bearing the name of the City and the market. The sale of such additional items, if approved, shall be limited to a specific number or percentage of the total vendors. d. The Commission may approve the design elements of the market (i.e. site layout, types of tents/booths to be erected, etc.), or may defer such elements to the Site Plan Review and Appearance Board (SPRAB) or the Historic Preservation Board (HPB) as appropriate. All elements must comply with applicable health, safety and fire codes. e. Permits for electrical and health and sanitation facilities, as applicable, shall be obtained. @ Horse Drawn Carriage Rides. Ice Skating Rink. Carousel. and Other Related Holidav. Seasona1/Temoorarv Uses The horse drawn carriage rides. ice skating rink. carousel. and other related holidav. seaso~temporarv uses must be sponsored bv the City. Community Redevelopment Agencv. the Downtown Joint Venture. or other agencv which is formulated for the purposes of economic development as approved bv the City Commission. The owner/ooerator of the horse drawn carriage rides must have a license agreement approved bv the City Commission prior to commencing the use. ~ Temporary Parking Lots: 1. A temporary parking lot may be permitted within the following areas: 5 ORD. NO. ** the portion of the Central Business District (CBD) and Community Facilities (CF) District which is bounded by Swinton Avenue on the west, the Intracoastal Waterway on the east, N. E. 2nd Street on the north, and S.E. 2nd Street on the south; ** the portion of the CBD and CBD-RC District which is bounded by N.E. 2nd Avenue on the west, the FEC Railway on the east, N.E. 2nd Street on the south, and N.E. 4th Street on the north; ** the portion of the CBD located east of the Intracoastal Waterway; ** the non-residential zoning districts bounded by Swinton Avenue on the east, 1-95 on the west, N.W. 1st Street on the north, and S.W. 15th Street on the south. 2. Temporary parking lot spaces shall not be used to fulfill minimum off-street parking requirements for new development or redevelopment. Temporary lots may be used to supplement required parking. 3. Prior to issuance of the temporary use permit, the applicant shall submit a site plan which includes proposed grade elevations, landscaping and other information which addresses the regular maintenance of the parking surface and irrigation of the landscaped areas. 4. The City Engineer shall approve the grading plan for the parking lot. The site plan shall be reviewed and recommended for approval by the Parking Management Advisory Board prior to submission to the City Commission for consideration. 5. Permits for temporary parking lots shall be issued for a one-year period. Permits may be renewed annually to a maximum of three (3) years upon review and positive recommendation by the Parking Management Advisory Board. 6. The temporary parking lot shall be monitored for compliance with the approved plan. Should the City Manager find that the operation 6 ORD. NO. of a lot is not in compliance or if the lot has an adverse effect on surrounding properties, and the applicant is unable or unwilling to rectifY the problem the permit may be reviewed by the City Commission for possible revocation. 7. Within thirty (30) days of expiration of the permit, all rock or gravel surfaces shall either be removed or covered with top soil. The site shall then be sodded or landscaped as determined acceptable by the Planning and Zoning Department. 8. A temporary parking lot shall be constructed to the following specifications: a. The parking lot surface shall be brought to grade with a dust free surface of one of the following materials over soil which has been compacted to 95% maximmn density per AASHTO T180: ** four inches of crushed limerock or shelIrock coated with a prime coat per FDOT "Standard Specifications for Road and Bridge Construction", latest edition; ** four inches of pearock, gravel or river rock; or ** six inches of mulch. b. If the lot is not operated on a 100% valet basis, wheel stops shall be provided as a means to indicate individual spaces. The size of the parking spaces, maneuvering areas and aisle widths shall be subject to the standards of Section 4.6.9(D)( 4). In addition, the parking lot shall meet the requirements of the "Florida Accessibility Code for Building Construction". c. If the lot is operated on a 100% valet basis, then wheel stops shall be provided at the edge of the parking surface. d. The lot shall meet the requirements of Section 4.6.9(D)(3) for access to the street system. Driveway aprons between the edge of pavement and the right-of-way line shall be constructed of asphalt or concrete. 7 ORD. NO. ----- e. The parking lot perimeter shall be buffered with a minimum 3 feet wide landscape strip, screened with a minimum 2 feet high hedge or 4 feet high opaque fence. Water for irrigation shall be available within fifty (50) feet of all landscaped areas. f. If the parking lot is to be utilized at night, the applicant shall contract with FPL to install supplementary lighting on adjacent power poles where possible. The applicant may, as an option, provide alternative on-site lighting for the parking lot. g. Trees of 4 inches or greater diameter at 4-112 feet above the ground shall not be removed. (4) Procedures: Upon receipt of all required information, the granting authority shall take the request under consideration and upon assurance that all applicable regulations and requirements will be met, the authority shall issue a temporary use permit for a period of time as specified in the permit. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_. ATIEST MAYOR City Clerk First Reading Second Reading 8 ORD. NO. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # \<:) - REGULAR MEETING OF NOVEMBER 4. 2003 ORDINANCE NO. 21-03 (AMENDING CHAPTER 99 ''NOISE CONtROL") DATE: OCTOBER 31, 2003 Ths ordinance is before Commission for second reading to amend Chapter 99, "Noise Control" of the City Code of Ordinances to clarify distance requirements for noise emanating from vehicles and buildings; and to provide a time limit on outdoor playing of musical or similar instruments in residential zoning districts. At the first reading on October 7, 2003, the Commission passed Ordinance No. 21-03. Recommend approval of Ordinance No. 21-03 on second and final reading. S:\City CIetk\agen<b memos.0uI21.03.Nmse Control.ll.04.03 [IT' DF DELIA' BEA[H ~~~ CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 561/278-4755 bad Wrile(s Direct Une: 561/243-7091 MJ1lIIIIIcaCl\y '~ II J! MEMORANDUM 1993 DATE: September 22, 2003 TO: City Commission -- L::; ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Proposed Chanqes to Noise Ordinance On July 8, 2003 Ordinance No. 21-03 was presented to the Commission for first reading. At that meeting the Commission voted to table Ordinance No. 21-03 and gave staff direction to reword the proposed changes in order to place a time limit on the outdoor playing of musical instruments and similar devices. This proposed ordinance prohibits the outdoor playing of musical instruments, phonographs and similar devices between the hours of 10:00 p.m. to 8:00 a.m. in residential zoning districts. By copy of this memo to David Harden, our office requests that this item be placed on the October 7, 2003 City Commission agenda. Please call if you have any questions. Attachment cc: IJwid HafG8fl"Clty ~r Barbara Garito, City Clerk Chief Larry Schroeder, Police Dept. \~~ ORDINANCE NO. 21-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99, "NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, SECTION 99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED; EXEMPTIONS", BY AMENDING SUBSECTION 99.04(A)(I), "NOISE FOR ENTERTAINMENT PURPOSES", TO CLARIFY CERTAIN DISTANCE REQUIREMENTS FOR NOISE EMANATING FROM VEHICLES AND BUILDINGS AND PROVIDING THAT THE OUTDOOR PLAYING OF MUSICAL OR SIM:ILAR INSTRUMENTS IS PROHIBITED DURING CERTAIN TIME PERIODS; BY REPEALING SUBSECTION 99.04(A)(19), "OUTDOOR PLAYING OF MUSICAL INSTRUMENTS, PHONOGRAPHS AND SIMILAR DEVICES"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Chapter 99 of the Code of Ordinances provides the level of noise that shall be allowed from any source; and WHEREAS, Section 99.04(A)(I) sets forth the distance requirements for noise levels; and WHEREAS, there are currently many businesses that provide music whether live or by other devices at the front of businesses, on porches and in other areas that are either outdoors or not in totally enclosed places; and WHEREAS, these businesses comply with the noise ordinance regarding the level of noise that they are creating, even though the music is occurring outdoors; and WHEREAS, Section 99.04(A)(19) of the Code of Ordinances prohibits the outdoor playing of musical instruments or other similar devices in the City and thus it is inconsistent with Section 99.04(A)(I) as currently drafted; and WHEREAS, the City wishes to amend Section 99.04(A)(I) to provide that the outdoor playing of musical instnrments or other similar devices shall only be prohibited during certain time periods and to repeal Section 99.04(A)(19). Ord. No. 21-03 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 99, "Noise Control", Section 99.04, "Loud and Unnecessary Noises Enumerated; Exemptions", Subsection 99.04(A)(I), "Noise for Entertainment Purposes" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (A) Certain acts declared nnlawful. The following acts, and the causing thereof, among others, are declared to be unlawful and in violation ofthis chapter: (1) Noise for entertainment purposes. It shall be unlawful for any person or persons to play, use, operate or permit to be played, used or operated, any radio, musical instrument, phonograph or other machine or device for the producing or reproducing of sound if such sound is for the purpose of entertainment or is used for that purpose and can be heard from the distances stated in subsection (a) or violates the parameters set forth in subsection (b). (a) Violation will occur if the noise source is located within an automobile, that is located in or upon a public street, highway, building, sidewalk, park, thoroughfare or other public area, or is located in or upon a public access area, such as a shopping mall, parking lot or the like or on any private property, and the sound can be heard more than fifty (50) feet from its source~ 6f; A violation shall also occur if the noise source is located in a building or other structure or outside of such building or structure and the sound can be heard more than one hundred (100) feet away from the building or structure or the boundaries ofthe property surrounding such building or structure, whichever is greater. Provided however. that the outdoor plaving of anv radio. musical instrument. phonograph or other machine or device used for the producing or reproducing of sound if such sound is for the purpose of entertainment is prohibited in all residential zoning districts between the hours of 10:00 p.m. to 8:00 a.m.. (b) It shall be prima facie evidence of violation of this section if the sound can be heard outside the limits described in subsection (a), or creates a noise disturbance within noise sensitive zones or if said sound violates any vibration or decibel levels set forth in this chapter (except for activities open to the public and for which a permit has been issued by the city according to the criteria set forth in Sec. 99.30}. (c) Where the noise source is located in a building or other structure, the owner, occupant, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary. Ord. No. 21-03 (d) This section shall not apply to non-commercial spoken language covered under subsection (A) of this section. Section 2. That Chapter 99, "Noise Control", Section 99.04, "Loud and Unnecessary Noises Enumerated; Exemptions", Subsection 99.04(A)(19), "Outdoor Playing of Musical Instruments, Phonographs and Similar Devices" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed: (A) Certain acts declared unlawful. The following acts, and the causing thereof, among others, are declared to be unlawful and in violation of this chapter: (19) Outlleer playing ef musieal instruments, phenegraphs anll similar deviees. Oj3oFlttiRg, playiFlg or peffilitting the operatioR or playiRg OlltdooFS of any musieal iBstrnmoRt, drnm., phoBograph, sO\!Hd amplifier or similar deviee that proffilees, reproduees or amplifies musieal sOUFId. The operatioR or playiRg sballbe deemed to be outdoors if the IlHIsioal iBBtfl!meRt er BelHee ef the amplifieatioR is Rot looated 'NuhiR a bllildiRg or othor struetlHe that is fally BIlelosed by '::alls and a reof. This seetioR shall Rot apply to aetiyities OpBfl to the pllblie for ';.<flieh a permit has beBfl issued by the eity aeeording to oriteria set forth iR Seo. 99.3Q. IH additioR, divisioR (..\)(19) ef this seotioR shall Rot apply to ROFleemrnereial spekBfl language eovered \!Hder Ik:isioR (A)(2) eftllls seetioR. 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 upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of 2003. MAYOR ATTEST: City Clerk First Reading Second Reading Ord. No. 21-03 - tJl< ~ TO: DA~~MANAGER THRU: PAUL DORLlNG, CTOR OF PLANNING AND ZONING 1.____ JEFFREY A. COS LLO, ASSISTANT PLANNING DI""~ FROM: SUBJECT: MEETING OF NOVEMBER 4, 2003 AMENDMENT TO LAND DEVELOPMENT REGULATIONS APPENDIX "An "DEFINITIONS" AND SECTION 4.3.3(V) "USES INVOLVING ALCOHOLIC BEVERAGES", IN ORDER TO PROVIDE FOR A DEFINITION OF ALCOHOLIC BEVERAGE THAT IS CONSISTENT WITH STATE STATUTES AND A DISTANCE LIMITATION BETWEEN STAND ALONE BARS. The proposed amendment is being processed in order to obtain consistency with State Statutes as they relate to the definition of Alcoholic Beverages, and to provide clarification regarding the distance limitation between stand alone bars and provide specific distances. In addition, the definition of Alcoholic Beverage Establishment is being modified and definitions of Stand Alone Bar and Bottle Club are being added to be consistent with State Statutes. Additional background and a complete analysis are provided in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of October 20, 2003. There was a member of the public that had no objections to the amendment, but recommended some grammatical changes to the ordinance. After discussing the amendment, the Board voted 4-0 (Borchardt, Pike and Woehl kens absent) to recommend to the City Commission approval of the proposed amendment to Land Development Regulations Appendix "A" "Definitions" and Section 4.3.3(V) "Uses Involving Alcoholic Beverages", in order to provide for a definition of alcoholic beverage that is consistent with State Statutes and a distance limitation between Stand Alone Bars, based upon positive findings with LOR Section 2.4.5(M). The proposed ordinance includes the grammatical changes. By motion, approve on first reading the ordinance regarding Stand Alone Bars, based upon the findings and recommendations by the Planning and Zoning Board, and set a public hearing date of November 18, 2003. Attachments: P&Z Board Staff Report of October 20, 2003 & Ordinance by Others \ac. --.- DElRAYIEAQt DElRAYBEACH .~'^'_' Ii .~.A'~. .........'" .........'" , III I! ' III I! 19'9.1 1'193 1UOl ~OOl MEETING OF: OCTOBER 20, 2003 AGENDA ITEM: IV.E. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPENDIX "A" "DEFINITIONS" AND SECTION 4.3.3(V) "USES INVOLVING ALCOHOLIC BEVERAGES", IN ORDER TO PROVIDE FOR AND AMEND DEFINITIONS RELATING TO ALCOHOLIC BEVERAGES AND PROVIDE DISTANCE LIMITATIONS BETWEEN STAND ALONE BARS. The item before the Board is an amendment to the Land Development Regulations Appendix "An "Definitions" amending all definitions relating to alcoholic beverages and enacting new definitions relating to alcoholic beverages; and amending Section 4.3.3(V) "Uses Involving Alcoholic Beverages", in order to provide for a definition of alcoholic beverage that is consistent with State Statutes and a distance limitation between Stand Alone Bars, pursuant to LOR Section 2.4.5(M). Pursuant to LOR Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. LOR Section 4.3.3(V) (Uses Involving Alcoholic Beverages) contains regulations concerning alcoholic beverages and limits the location of cocktail lounges and bars. The current provisions relating to alcoholic beverages found in Section 113 of the City's Code of Ordinances and Section 4.3.3(V) of the City's Land Development Regulations were adopted in 1980. With the adoption of the Land Development Regulations in 1990, the provisions found in LOR Section 4.3.3 were relocated from Section 113 of the City's Code of Ordinances. The proposed amendment is being processed in order to obtain consistency with State Statutes as they relate to the definition of Alcoholic Beverages, and to provide clarification regarding the distance limitation between stand alone bars and provide specific distances. In addition, the definition of Alcoholic Beverage Establishment is being modified and definitions of Stand Alone Bar and Bottle Club are being added to be consistent with State Statutes. As previously stated, the amendment includes a change to the manner in which the distance is measured between cocktaillounges/bars. LOR Section 4.3.3(V)(2)(a) states the following: "Not more than one vendor shall be located within anyone block fronting on a street nor in the block immediately across the street, unless the establishment is a duly licensed restaurant serving full course meals at tables. " IV.E. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment Regarding Stand Alone Bars Page 2 The intent of the regulation is to prevent the proliferation of cocktail lounges and bars in any given area throughout the City. However, this method of measurement has created some confusion. Also, block sizes vary throughout the City. For example, a block in the central business district is typically 300' wide x 600' deep, while on North or South Federal Highway a block can be a Y. to Y, a mile in length. The proposed amendment is to provide a specific distance limitation and method of measurement as follows: "Not more than one stand alone bar shall be located within anyone block nor within seven hundred and fifty (750) feet of another stand alone bar measured from lot line to lot line along a straight airline route." It is noted that businesses that meet the definition of stand alone bar located on property within 300' of residentially-zoned property, are further regulated by LOR Section 4.3.3(VV) (24-hour or Late Night Businesses), and are subject to conditional use approval. Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated to obtain consistency with State Statutes as they relate to the definition of Alcoholic Beverages, and to provide clarification regarding the distance limitation between stand alone bars and provide specific distance limitations. These regulations as well as regulations currently in place should limit the proliferation of stand alone bars and thus mitigate any potential impacts on area business and residents. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Community Redevelopment Aaencv: At its meeting of October 9, 2003, the CRA Board reviewed the proposed LOR amendment and recommended approval. Downtown Development Authoritv: This item is scheduled for review by the OOA at their October 21st meeting. Their recommendation will be provided at the City Commission meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: . PROO (Progressive Residents of Oelray) . Presidents Council . Chamber of Commerce Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment Regarding Stand Alone Bars Page 3 By motion, recommend to the City Commission approval of the attached amendment to Land Development Regulations Appendix "A" "Definitions" amending all definitions relating to alcoholic beverages and enacting new definitions relating to alcoholic beverages; and amending Section 4.3.3(V) "Uses Involving Alcoholic Beverages", in order to provide for a definition of alcoholic beverage that is consistent with State Statutes and a distance limitation between Stand Alone Bars, based upon positive findings with LDR Section 2.4.5(M). Attachment: Proposed Amendment \\misrvO01\departments\planning & zoninglboards\p&z boardlJdrstandalonebars.doc ----~~ Planning and Zoning Board Memorandum Staff Report LOR Text Amendment Regarding Stand Alone Bars Page 4 ORDINANCE NO. 42-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING APPENDIX "A", BY AMENDING ALL DEFINITIONS RELATING TO ALCOHOLIC BEVERAGES AND ENACTING SOME NEW DEFINITIONS RELATING TO ALCOHOLIC BEVERAGES; AMENDING CHAPTER FOUR, "ZONING REGULATIONS"; SECTION 4.3.3(V), "USES INVOLVING ALCOHOLIC BEVERAGES", IN ORDER TO PROVIDE FOR A DEFINITION OF ALCOHOLIC BEVERAGE THAT IS CONSISTENT WITH STATE STATUTES AND A DISTANCE LIMITATION BETWEEN STAND ALONE BARS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission finds that the City has a substantial government interest in regulating liquor under the police powers and under state law; and WHEREAS, the City Commission has determined it to be in the public's best interest to establish reasonable regulations for the location of stand alone bars throughout the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Appendix "A" be amended as follows: ALCOHOLIC BEVERAGE ESTABLISHMENT: msaRS aRY sstal3lisl'lmeRt lesalsll iR tl'ls Ci~' of Delr3Y Q03ch ,:.,hict:1 31csRelic sever3g96:, seef Sf '.A}iA9 3f8 9#eF98 fer ~ale for conEumptisR SR tl'le premiEoE. Anv business or commercial establishment. whether open to the public at larae or entrance is limited bv cover charae or membership reauirements. includina those licensed bv the state for sale and-or service of alcoholic beveraaes. which include but are not limited to. any bar. stand alone bar. cocktaillounae. bottle club. hotel. motel. restaurant. niaht club. countrv club. cabaret. and meetina facilitv located in the City of Delrav Beach in which alcoholic beveraaes. beer or wine are. or are available to be sold. dispensed. served. consumed. provided. possessed or offered for sale or consumption on the premises. BOTTLE CLUB: A commercial establishment. operated for a profit. whether or not a profit is actuallv made. wherein patrons consume alcoholic beveraaes which are brouaht onto the premises and not sold or supplied to the patrons bv the establishment. whether the patrons brina in and maintain custody of their own alcoholic beveraaes or surrender custody to the establishment for dispensina on the premises. and which is located in a buildina or other enclosed structure. This definition does not applv to sportina facilities where events sanctioned bv nationallv recoanized reaulatorv athletic or sports associations are held or bona fide .., Planning and Zoning Board Memorandum Staff Report LOR Text Amendment Regarding Stand Alone Bars Page 5 restaurants licensed bv the Division of Hotels and Restaurants of the Deoartment of Business and Professional Reaulation. STAND ALONE BAR: Anv licensed oremises. includina but not limited to: cocktail Iou noes. bars. niahtclubs. dance clubs. piano bars and ciaar bars devoted durina any time of ooeration oredominantlv or totallv to servina alcoholic beveraaes. intoxicatina beveraaes. or intoxicatina liauors. or any combination thereof. for consumotion on the licensed oremises; in which the servina of food. if any. is merelv incidental to the consumotion of any such beveraae; and the licensed oremises is not located within. and does not share any common entrvwav or common indoor area with. any other enclosed indoor workolace. includina any business for which the sale of food or any other oroduct or service is more than an incidental source of aross revenue. A olace of business constitutes a stand-alone bar in which the service of food is merelv incidental in accordance with this definition if the licensed oremises derives no more than ten percent (10%) of its aross revenue from the sale of food consumed on the licensed oremises. Section 2. That Chapter Four, 'Zoning Regulations', Section 4.3.3(V), 'Uses Involving Alcoholic Beverages", be, and the same is hereby amended to read as follows; (V) Uses Involving Alcoholic Beverages: (TRIl follol/Jil'!S F9s~latiel'!s ar-e ElJllrasteEl trem 11~.15. PeFtioFl€ sf tl:13t €estisA SAsl:JIEI remaiA tl:leFoin '...'hile tAB ~lIe'NiA~ €Ael:llEl Be r:eleeateEl te tRsEe lflREI OevelepmsAt RS€Jl:Ilations.) (1) Defined; For this subsection, alcoholic beverage is defined as; . M31t gever3.89€ sBRtaiAiAg aleel:lel sf mer.€) tl:13.A 1 %~ . g5~? by '/Jeisht, . Alsef:1elis t:leV9Fag8s S8At3iAiAQ mer-a tRaA 1~{' .Qa~~ t:>l:Jt Ret mem IRaI'! 14~{' llY'.\laisht, . ".'inas r:eSJ:lrdless sf 3.lsel:1sli~ seAteRt Distilled soirits and all beveraaes containina one-half of 1 oercent (.05%) or more alcohol bv volume. (2) Prohibitions bv Freauencv; The sale of alcoholic beverages for on-site consumption shall be allowed as a principal use within eesldail lo~nses aREI llars stand alone bars and as an accessory use in chartered private clubs and golf courses with the restriction that: (a) Not more than one '/eREler stand alone bar shall be located within anyone block fl:9l'!tiRS el'! a str-eat Rer iR tRe sleek immsaiately aer:ess the str-eet, ~nless tile establishment is a EI\lly lieclnseEl resta~r.ant seFViRS fllll SG~FSe meals at tablos. nor within seven hundred and fifty (750) feet of another stand alone bar measured from lot line to lot line alona a straiaht airline route. 1Q) The above restriction does not aoolv to a dulv licensed arocerv store which sells beer and wine in oackaaes for off-site consumotion nor does it aoolv to a restaurant which holds a soecial restaurant license issued bv the Deoartment of Business Reaulations of the State Division of Alcoholic Beveraaes and Tobacco. Planning and Zoning Board Memorandum Staff Report LOR Text Amendment Regarding Stand Alone Bars Page 6 (3) Prohibition bv Proximity (Schools and Churches): Alcoholic beverages shall not be sold at any establishment which is located within 300 feet of an established school or ch urch. (a) With respect to schools, the 300' distance shall be measured from the nearest point of the building of the place of business, location, or establishment to the nearest point of the school grounds in use as a part of the school facilities. (b) With respect to churches, the 300' distance shall be measured from the nearest point of the building of place of business, location, or establishment to the nearest point of the church building or buildings. (c) The 300' distance shall be measured in a straight line. (d) The above restriction does not apply to a duly licensed grocery store which sells beer and wine in packages for off-site consumption nor does it apply to a restaurant which holds a special restaurant license issued by the Department of Business Regulations of the State Division of Alcoholic Beverages and Tobacco. (4) Bottle Clubs Prohibited: Bottle Clubs as defined in Cily Cede aestieR 116.18 Appendix A are prohibited in all zone districts. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of ,2003. MA VOR ATTEST: CITY CLERK First Reading Second Reading ORDINANCE NO. 42-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING APPENDIX "A", BY AMENDING ALL DEFINITIONS RELATING TO ALCOHOLIC BEVERAGES AND ENACTING SOME NEW DEFINITIONS RELATING TO ALCOHOLIC BEVERAGES; AMENDING CHAPTER FOUR, "ZONING REGULATIONS"; SECTION 4.3.3(V), "USES INVOLVING ALCOHOLIC BEVERAGES", IN ORDER TO PROVIDE FOR A DEFINITION OF ALCOHOLIC BEVERAGE THAT IS CONSISTENT WITH STATE STATUTES AND A DISTANCE LIMITATION BETWEEN STAND ALONE BARS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission finds that the City has a substantial government interest in regulating liquor under the police powers and under state law; and WHEREAS, the CitY Commission has determined it to be in the public's best interest to establish reasonable regulations for the location of stand alone bars throughout the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 1. That Appendix "A" be amended as follows: ALCOHOLIC BEVERAGE ESTABLISHMENT: R'leaAS aAY estaelisl:1R'leAt lesate9 iA tl:1o City of Delr.ay Beasl:1 whisl:1 alsel:1elic bO'lemgos, eeer er wiAe ar-e effer-e9 fer sale fer senElumption on tl:1o I3roR'lises. Any business or commercial establishment. whether open to the public at larqe or entrance is limited by cover charqe or membership requirements. includinq those licensed by the state for sale and-or service of alcoholic beveraqes. which include but are not limited to, any bar. stand alone bar. cocktail lounqe, bottle club. hotel. motel, restaurant. niqht club. countrv club. cabaret. and meetinq facility located in the City of Delray Beach in which alcoholic beveraqes. beer or wine are. or are available to be. sold. dispensed. served. consumed. provided. possessed or offered for sale or consumption on the premises. ------..- BOTTLE CLUB: A commercial establishment. ooerated for a orofit. whether or not a orofit is actually made. wherein oatrons consume alcoholic beveraaes which are brouaht onto the oremises and not sold or suoolied to the oatrons by the establishment. whether the oatrons brina in and maintain custody of their own alcoholic beveraaes or surrender custody to the establishment for disoensina on the oremises. and which is located in a buildina or other enclosed structure. This definition does not aooly to soortina facilities where events sanctioned by nationally recoanized reaulatorv athletic or soorts associations are held or to bona fide restaurants licensed by the Division of Hotels and Restaurants of the Deoartment of Business and Professional Reaulation. STAND ALONE BAR: Any licensed oremises. includina but not limited to. cocktail lounaes. bars. niahtclubs. dance clubs. oiano bars and ciaar bars. devoted durina any time of ooeration oredominantly or totally to servina alcoholic beveraaes. intoxicatina beveraaes. or intoxicatina Iiauors. or any combination thereof. for consumotion on the licensed oremises. in which the servina of food. if any. is merely incidental to the consumotion of any such beveraae: and the licensed oremises is not located within. and does not share any common entrvway or common indoor area with. any other enclosed indoor workolace. includina any business for which the sale of food or any other oroduct or service is more than an incidental source of aross revenue. A olace of business constitutes a stand-alone bar in which the service of food is merely incidental in accordance with this definition if the licensed oremises derives no more than ten oercent (10%) of its aross revenue from the sale of food consumed on the licensed oremises. Section 2. That Chapter Four. "Zoning Regulations". Section 4.3.3(V). "Uses Involving Alcoholic Beverages". be, and the same is hereby amended to read as follows: (V) Uses Involving Alcoholic Beverages: (Tl:1e f9l1ewin~ f9~lllatieRs are extm6t9l'1 from 11 a.1 a. Portionc of that semieR sl:1elllEl r-emaiR thereiR 'lI1:1i1e tl:1o folloYling cholllseo r-ele6at9E1 t9 tl:1ese Land DoveloJilmeRt Re~lllations.) (1) Defined: For this subsection, alcoholic beyerage is defined as: * Malt eevor-agos 69ntainiA~ al691:191 9f mere thaR 1 % .Q5% ey 'NGight, * AIGoholic ee'"er-a~es 69RtaiRiRg more tl:1aR 1 % .Q5% ellt Ret more than 14 ~~ by v.{siQht, * 'NiRes r-e~ar:ElI9ss of alGol:1oli6 sontont 2 ORD. NO. 42-03 Distilled soirits and all beveraaes containina one-half of 1 oercent (0.5%) or more alcohol bv volume. (2) Prohibitions by Freauency: The sale of alcoholic beverages for 01'1- site consumption shall be allowed as a principal use within sesktaillellRges and bare; stand alone bars and as an accessory use in chartered private clubs and golf courses with the restriction that: (a) Not more than one vondor stand alone bar shall be located within anyone block fr:entiRg OR a street Rer iR tl:1e eleGk immesiatoly acrose; tl:1e stmet, Ilnloos tho ee:taelisl:1meRt is a dilly IiseRsed r-estallf.aRt seNiRg filII Geurso monls at taeles. nor within seven hundred and fiftv (750) feet of another stand alone bar measured from lot line to lot line in a straiaht line. (Q) The above restriction does not aoolv to a dulv licensed arocerv store which sells beer and wine in oackaaes for off-site consumotion nor does it aoolv to a restaurant which holds a soecial restaurant license issued bv the Deoartment of Business Reaulations of the State Division of Alcoholic Beveraaes and Tobacco. (3) Prohibition by Proximity (Schools and Churches): Alcoholic beverages shall not be sold at any establishment which is located within 300 feet of an established school or church. (a) With respect to schools, the 300' distance shall be measured from the nearest point of the building of the place of business, location, or establishment to the nearest point of the school grounds in use as a part of the school facilities. (b) With respect to churches, the 300' distance shall be measured from the nearest point of the building of place of business, location, or establishment to the nearest point of the church building or buildings. (c) The 300' distance shall be measured in a straight line. (d) The above restriction does not apply to a duly licensed grocery store which sells beer and wine in packages for off-site consumption nor does it apply to a restaurant which holds a special restaurant license issued by the Department of Business Regulations of the State Division of Alcoholic Beverages and Tobacco. (4) Bottle Clubs Prohibited: Bottle Clubs as defined in City Cedo Sesti9R 11 ~.1!l Aooendix A are prohibited in all zone districts. 3 ORD. NO. 42-03 -~_.,-- -.-.....-....- Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of ,2003. MAYOR ATTEST: CITY CLERK First Reading Second Reading 4 ORD. NO. 42-03 ~ TO: DA"DE~~AGER THRU: PAUL RlING, DIREe OF PLANNING AND ZO~ ~ FROM: JEFFREY A. COSTELLO, ASSISTANT PLANNING DIR d SUBJECT: MEETING OF NOVEMBER 4, 2003 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(AA) (ADULT ENTERTAINMENT ESTABLISHMENTS) IN ORDER TO AMEND THE DISTANCE LIMITATION BETWEEN ALCOHOLIC BEVERAGE ESTABLISHMENTS AND ANY ADULT ENTERTAINMENT ESTABLISHMENT. This amendment is being processed to establish reasonable and uniform regulations for the adult entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the City. Staff has reviewed reports, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the community. As a result, the proposal is to amend the distance limitation between alcoholic beverage establishment and any adult entertainment establishment from 750 feet to 200 feet. This is a reasonable change given the other location restrictions, relating to the 1,000 foot distance limitation between any adult entertainment establishment and any house of worship, school, residential zoning districts, and community facilities regularly frequented by the general public (I.e. community center, parks, courthouse, child care facilities, offices, etc.). In addition, the amendment includes a change to the method of measurement between alcoholic beverage establishments and any adult entertainment. Additional background and a complete analysis are provided in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of October 20, 2003. There was a member of the public that had no objections to the amendment, but recommended some grammatical changes to the ordinance. After discussing the amendment, the Board voted 4-0 (Borchardt, Pike and Woehlkens absent) to recommend to the City Commission approval of the proposed amendment to Section 4.3.3 (AA) (Adult Entertainment Establishments) of the Land Development Regulations, in order to amend the distance limitation between alcoholic beverage establishments and any adult entertainment establishment, based upon positive findings with LDR Section 2.4.5(M). The proposed ordinance includes the grammatical changes. By motion, approve on first reading the ordinance amending Land Development Regulations Section 4.3.3(AA) (Adult Entertainment Establishments), based upon the findings and recommendations by the Planning and Zoning Board, and set a public hearing date of November 18, 2003. Attachments: P&Z Board Staff Report of October 20, 2003 & Ordinance by Others \ C \::) DfUlAYBfAOI DRllAYBfACH .:"''''~ii ~ ...-.... -.. 'IIII! '111 J! 19<13 199:1 2001 2001 MEETING OF: OCTOBER 20, 2003 AGENDA ITEM: IV.F. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(AA) (ADULT ENTERTAINMENT ESTABLISHMENTS) IN ORDER TO AMEND THE DISTANCE LIMITATION BETWEEN ALCOHOLIC BEVERAGE ESTABLISHMENTS AND ANY ADULT ENTERTAINMENT ESTABLISHMENT. The item before the Board is an amendment to Section 4.3.3 (M) (Adult Entertainment Establishments) of the Land Development Regulations, in order to amend the distance limitation between alcoholic beverage establishments and any adult entertainment establishment, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment is being processed to establish reasonable and uniform regulations for the adult entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the City. Staff has reviewed reports, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the community. As a result, the proposal is to amend the distance limitation between alcoholic beverage establishment and any adult entertainment establishment from 750 feet to 200 feet. This is a reasonable change given the other location restrictions, relating to the 1,000 foot distance limitation between any adult entertainment establishment and any house of worship, school, residential zoning districts, and community facilities regularly frequented by the general public (I.e. community center, parks, courthouse, child care facilities, offices, etc.). In addition, the amendment includes a change to the manner in which the distance is measured between alcoholic beverage establishments and any adult entertainment establishments. Currently, the distance is measured from lot line to lot line along a straight airline route. The proposal is to change the method of measurement between alcoholic beverage establishments and any adult entertainment to state the following: "the shortest route of ordinary pedestrian travel along ordinary thoroughfares from the main entrance of the adult entertainment establishment to the main entrance of the alcoholic beverage establishment, except if the establishment permitting nudity or partial nudity is separated from an alcoholic beverage establishment by a railroad/corridor or an arterial roadway wherein the width of the railroad/corridor and/or roadway shall be IV.F. Planning and Zoning Board Memorandum Staff Report LOR Text Amendment - Adult Entertainment Establishments Page 2 deemed sufficient separation". Changes to Code of Ordinances Section 113.20 relating to the above are also being modified and are being processed separately. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more to establish reasonable regulations than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. By motion, recommend to the City Commission approval of the proposed amendment to Section 4.3.3 (AA) (Adult Entertainment Establishments) of the Land Development Regulations, in order to amend the distance limitation between alcoholic beverage establishments and any adult entertainment establishment, based upon positive findings with LDR Section 2.4.5(M). Attachment: Proposed Amendment Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Adult Entertainment Establishments Page 3 (AA) Adult Entertainment Establishments: In addition to the requirements of the underlying zoning district, other applicable general regulations, County licensing requirements, parking regulations and Section 113.20 of the Code of Ordinances of the City of Delray Beach, the following requirements shall apply to adult entertainment establishments: (1 ) No adult entertainment establishment shall be located on properties with frontage on an arterial road or located east of the CSX railroad track. (2) No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any house of worship, school, residential zoning district, community facilities zoning district (CF, OS, OSR, CD) where the use is or is to be regularly frequented by the general public (Le. community center, parks, courthouse, child care facilities, offices, etc.) measured from lot line to lot line boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above by the 1-95 right-of-way. (3) No adult entertainment establishment shall be located within seveR Ab/RElr-eEl fifty (7150) feet two hundred (200) feet of an existiRg alcoholic beverage establishment, measured fmm let liAs te let IiRS geb/F1Elary aleRg a str-aigAt airline rOb/te. by fOllowinq the shortest route of ordinary pedestrian travel alonq ordinary thorouqhfares from the main entrance of the adult entertainment establishment to the main entrance of the alcoholic beveraqe establishment. except if the establishment permittinq nudity or partial nudity is separated from an alcoholic beveraqe establishment by a railroad/corridor or an arterial roadway wherein the width of the railroad/corridor and/or roadway shall be deemed sufficient separation. (4) SiQnaQe. Only one sign per adult entertainment establishment is permitted, and such sign shall not extend above twelve (12) feet above ground level or haye an area of greater than thirty-six (36) square feet. No neon material shall be permitted on the sign. All other restrictions of the sign code shall apply herewith. (5) No adult entertainment establishment shall be located within an historic district, on an historic site, or on properties listed on the Local or National Register of Historic Places, unless the historic district, site or property was previously used for an adult entertainment type use. (6) The minimum floor area per room or partitioned area within an adult entertainment establishment must be 2,000 sq. ft. exclusive of kitchen, restrooms, storage areas, and other non-public/customer area of the establishment. (7) Performers/entertainers or employees in the state of nudity or partial nudity shall not approach within four feet of patrons, customers, or other employees or other performers/entertainers, and must perform/entertain from a stage encompassing an area of at least one hundred (100) square feet. ----.--- ORDINANCE NO. 43-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER FOUR, "ZONING REGULATIONS"; SECTION 4.3.3(AA), "ADULT ENTERTAINMENT ESTABLISHMENTS", IN ORDER TO AMEND THE DISTANCE LIMITATION BETWEEN ALCOHOLIC BEVERAGE ESTABLISHMENTS AND ADULT ENTERTAINMENT ESTABLISHMENTS IN ORDER TO PROVIDE FOR A DISTANCE OF TWO HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC BEVERAGE ESTABLISHMENT AND ANY ADULT ENTERTAINMENT ESTABLISHMENT; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, this ordinance is enacted under the home rule of power of the City of Delray Beach, in the interest of health, peace, safety, and general welfare of the people of the "City of Delray Beach," hereafter the "City" and WHEREAS, the intent of the City Commission of the City of Delray beach in adopting this ordinance is to establish reasonable and uniform regulations for the adult entertainment industry that will protect the health, safety, property values, and general welfare of the people, businesses, and industries of the City. It is not the intent of the City Commission to legislate with respect to matters of obscenity. These matters are regulated by federal and state law, including chapter 847 ofthe Florida Statutes; and WHEREAS, with respect to zoning and other regulatory issues, the City Commission for the City of Delray Beach, Florida, has considered reports, studies, and judicial opinions concerning the adverse secondary effects of adult uses on the community which include but are not limited to the following: 1. City of Renton v. Plavtime Theaters. Inc., 475 U.S. 411 (1956), reh. denied, 475 U.S. 1132. 2. Younq v. American Mini-Theaters. Inc., 427 U.S. 50 (1975), reh. denied, 429 U.S. 873. 3. Barnes v. Glen Theater. Inc., 501 U.S. 560 (1991). 4. City of Los Anoeles Y. Alameda Books. Inc., 535 U.S. 425, 122 S.Ct. 1728, 152 LEd. 2d 670 (2002). 5. Boss Capital. Inc. Y. City of Casselberrv. 187 F.3d 1251 (11th Cir. 1999). 6 Report on Zonino and Other Methods of Reoulatino Adult Entertainment in Amarillo, (Texas) dated September 12,1977. 7. Reoulation of Criminal Activity and Adult Businesses, City of Phoenix, May, 1979. 8. Findings of the City Planning Commission of the City of New York dated January 26,1977. 9. Detroit's Approach to Reoulatino the "Adult Uses" presented to American Institute of Planners, Annual Conference, October 10,1977. 10. Report to the City Planning Commission and City Council from the Planning Department of the City of Beaumont, Texas dated September 14,1982. 11. Leoislative Report on an Ordinance Amendino Section 28-73 of the Code of Ordinances of the City of Houston. Texas: ProYidino for the Reoulation of Sexually Oriented Commercial Enterprises. Adult Bookstores. Adult Movie Theaters and Massaoe Establishments: and Makino Various Provisions and FindinQs Relatino to the Subiect. Report prepared by the Committee on the Proposed Regulation of Sexually Oriented Businesses and dated 1983. 12. Report on Adult Oriented Business in Austin. Report prepared by the Special Programs Division of the Office of Land Development Services of the City of Austin, Texas. Dated May 19,1986. 13. Adult Entertainment Business in Oklahoma City. A Survey of Real Estate Appraisers. Report prepared by the Community Development Department of the City of Oklahoma City, Oklahoma. Dated March 3,1986. 14. Adult Entertainment Businesses in Indianapolis. An analysis prepared by the Department of Metropolitan Development dated February, 1984. 15. Palm Beach County Sheriffs Office report dated April, 1998. 16. Director's Report: Proposed Land Use Code Text Amendment. Adult Cabarets. A report prepared by the Director of the Department of Construction and Land Use of the City of Seattle, Washington. Dated March 24,1989. 17. Report to the American Center for Law and Justice on Secondarv Impacts of Sex Oriented Businesses, Peter R. Hecht, Ph.D, March 31, 1996. 2 ORD. NO. 43-03 18. Adult Business Study in Town and Villaae of Ellicottville. Cattarauaus County. New York. An analysis prepared by the TownNillage Planner, Gary Palumbo, AICP. Dated January, 1998. 19. Adult Use Study in Newoort News. Virainia. An analysis prepared by the Department of Planning and Development of the City of Newport News, Virginia. Dated March, 1996. 20. Memorandum of Law on Adeauate Alternative Avenues of Community for SexuallY Oriented Businesses. An analysis prepared by Laura Corbett Brown and Bruce A. Taylor of the National Law Center for Children and Families. Dated October 1, 1995. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(AA), "Adult Entertainment Establishments", be, and the same is hereby amended to read as follows: (AA) Adult Entertainment Establishments: In addition to the requirements of the underlying zoning district, other applicable general regulations, County licensing requirements, parking regulations and Section 113.20 of the Code of Ordinances of the City of Delray Beach, the following requirements shall apply to adult entertainment establishments. (1 ) No adult entertainment establishment shall be located on properties with frontage on an arterial road or located east of the CSX railroad track. (2) No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any house of worship, school, residential zoning district, community facilities zoning district (CF, OS, OSR, CD) where the use is or is to be regularly frequented by the general public (Le. community center, parks, courthouse, child care facilities, offices, etc.) measured from lot line to lot line boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above by the 1-95 right-of-way. (3) No adult entertainment establishment shall be located within sovon hundrod fifty (JaO) foot two hundred (200) feet of an oj(istiR~ alcoholic beverage establishment, measured from lot Iino to lot Iino boundary aloR~ a straight airline route. Qy followina the shortest route of ordinary oedestrian travel alona ordinary thorouahfares from the main entrance of the adult entertainment establishment to the main entrance of the alcoholic beveraae establishment exceot if the establishment oermittina nudity or oartial nudity is separated from an alcoholic beveraae establishment by a Railroad/Corridor or an 3 ORD. NO. 43-03 Arterial roadwav as the width of the Railroad/Corridor and/or Arterial Roadwav shall be deemed a sufficient seDaration. (4) Signage. Only one sign per adult entertainment establishment is permitted, and such sign shall not extend above twelve (12) feet above ground level or have an area of greater than thirty-six (36) square feet. No neon material shall be permitted on the sign. All other restrictions of the sign code shall apply herewith. (5) No adult entertainment establishment shall be located within an historic district, on an historic site, or on properties listed on the Local or National Register of Historic Places, unless the historic district, site or property was previously used for an adult entertainment type use. (6) The minimum floor area per room or partitioned area within an adult entertainment establishment must be 2,000 sq. ft. exclusive of kitchen, restrooms, storage areas, and other non-public/customer area of the establishment. (7) Performers/entertainers or employees in the state of nudity or partial nudity shall not approach within four feet of patrons, customers, or other employees or other performers/entertainers, and must perform/entertain from a stage encompassing an area of at least one hundred (100) square feet. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of ,2003. MAYOR ATTEST: CITY CLERK First Reading Second Reading 4 ORD. NO. 43-03 ~ [IT' OF DELIA' BEA[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: 561/243-7090 DELRA Y BEACH , I 0 . I . ... baw.tI ANMIca Cftr MEMORANDUM ~IIE DATE: October 30, 2003 TO: City Commission David T. HafClien, City Manager ~ FROM: Terrill Pyburn, Assistant City Attorney SUBJECT: Alcoholic Beveraae Establishments and Nuditv Attached is Ordinance 44-03, which amends Section 113.20 of our Code of Ordinances. The proposed amendment changes the current distance requirement between adult entertainment establishments and alcoholic beverage establishments from seven hundred and fifty (750) feet to two hundred (200) feet with exception for alcoholic beverage establishments that are separated from adult entertainment establishments by a Railroad/Corridor or an Arterial Roadway as the width of the Railroad/Corridor and/or Arterial Roadway is a sufficient separation, The manner of measurement has been changed from a straight airline measurement to being measured by following the shortest route of ordinary pedestrian travel along ordinary thoroughfares from the main entrance of the alcoholic beverage establishment to the main entrance of the establishment permitting nudity. Also, the ordinance has been updated by including additional case law regarding public nudity, alcohol, and zoning. Please place the ordinance on the agenda for first reading. Please let me know if you have any questions (7090). Thanks. TCP:smk Attachments , '\()~ ORDINANCE NO. 44-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS", SUBSECTION (A) "DEFINITIONS", IN ORDER TO PROVIDE FOR THE INCLUSION OF STAND ALONE BARS IN THE DEFINITION OF ALCOHOLIC BEVERAGE ESTABLISHMENT; AMENDING SUBSECTIONS (C) AND (D) IN ORDER TO PROVIDE FOR A DISTANCE OF TWO HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC BEVERAGE ESTABLISHMENT AND ANY ESTABLISHMENT PERMITTING NUDITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission has determined it to be in the public's best interest to establish reasonable regulations regarding alcoholic beverage establishments throughout the City; and WHEREAS, the City Commission enacts this ordinance in the interest of the public health, peace, safety morals and general welfare of the citizens of Delray Beach, Florida, pursuant to Article VIII, Sections 2(b) and (5), of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and WHEREAS, the City has determined that the restrictions contained herein are necessary to avoid disturbances associated with mixing alcohol and nude or partially nude dancing and exhibitions; and WHEREAS, the City Commission determines that mixing alcohol and nude or partially nude dancing and exhibitions encourages undesirable behavior; and WHEREAS, the City relies on the materials referenced in Ordinance No. 30-98, as amended by Ordinance No. 43-03, and the experience in other cities as to the secondary effects of the combination of alcohol and nudity or partial nudity; and -_..---- ----- WHEREAS, the City relies on the cases of Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456,115 L.Ed. 2d 504 (1991); Citv of Erie v. Pap's A.M., 529 U.S. 27,120 S.Ct. 1302, 146 L.Ed. 2d 265 (2000); California v. LaRue, 409 U.S. 109, 93 S.Ct. 390, 34 L.Ed. 2d 342 (1972); 44 Liauormart. Inc. v. Rhode Island, 116 S.Ct. 1495, 134 L.Ed. 2d 711 (1996); Flaniaan Enterprises, Inc. v. Fulton Countv, 242 F.3d 1976 (11th Cir. 2001) and; WHEREAS, the City also relies on the cases of Citv of Davtona Beach v, Del Percio, 476 SO.2d 197 (Fla. 1985); Fillinaim v. Boone, 835 F.2d 1389 (11th Cir. 1988); Geaneas v. Willets, 911 F.2d 579 (11th Cir. 1990); Sammv's of Mobile, Ltd. V. Citv of Mobile, 140 F.3d 993 (11th Cir. 1998); New York State Liauor Authoritv v. Bellanca, 452 U,S. 714, 101 S.Ct. 2599 (1981); Citv of Newport v. Iacobucci, 479 U.S. 92,107 S.Ct. 383 (1986) reversed; 479 U.S. 1047, 107 S.Ct. 913 (1986) and; WHEREAS, the City Commission finds that the City has a substantial government interest in regulating liquor under the City's Police Powers; State Constitution and under State law and that the incidental restrictions on First Amendment activity are no greater than necessary to further that interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 113, "Alcoholic Beverages", Section 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", Subsection (A) "Definitions", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: (A) Definitions. Alcoholic Beverage Establishment: Any business or commercial establishment, whether open to the public at large or entrance is limited by cover charge or membership requirements, including those licensed by the State for sale and-or service of alcoholic beverages, which include but are not limited to, any stand alone bar, bottle club, hotel, motel, restaurant, night club, country club, cabaret, and meeting facility located in the City of Delray Beach in which alcoholic beverages, beer or wine are, or are available to be sold, dispensed, served, consumed, provided, possessed or offered for sale or consumption on the premises. Section 2. That Chapter 113, "Alcoholic Beverages", Section 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", Subsections (C) and (D) of the Code of Ordinances of the City of Delray Beach, be, and the same are hereby amended as follows: 2 ORD. NO. - -03 . (C) No establishment permitting nudity or partial nudity may be located within se'len hundFed fifty (750) klet two hundred (200) feet of any parcel of land upon which an alcoholic beverage establishment is locatedo except if the establishment permittinQ nudity or partial nudity is separated from an alcoholic beveraQe establishment by a Railroad/Corridor or an Arterial roadway as the width of the Railroad/Corridor and/or Arterial Roadway shall be deemed a sufficient separation. (D) For purposes of the above division (C), distance shall be by airline measurement from ~roperty line to property line using the G10sest property lines sf the parcels of land involved. measured by followinQ the shortest route of ordinary pedestrian travel alonQ ordinary thorouQhfares from the main entrance of the alcoholic beveraQe establishment to the main entrance of the establishment permittinQ nudity or partial nudity. The term parcel of land means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a lot or which has been used or developed as a lot. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of ,2003. MAYOR ATTEST: CITY CLERK First Reading Second Reading 3 ORD, NO. _-03 4 TO: Dt:4~MANAGER THRU: PA L DORLlNG, G~OR OF PLANNING AND ZON~ FROM: JEFFREY A. COSTELLO, ASSISTANT PLANNING ~ SUBJECT: MEETING OF NOVEMBER 4, 2003 PRIVATELY INITIATED REZONING FROM AC (AUTOMOTIVE COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR 550 SE g'H STREET LOCATED AT THE SOUTHWEST CORNER OF SE 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY) AND SE g'H STREET. The subject property is Lot 2B of a Replat of Lot 2 Ninth Street Plaza, which is zoned AC and is 0.73 acres. The property contains an existing 2,490 sq. ft. structure and associated parking, landscaping and refuse container area. The building was constructed in 1976 as a service building associated with the Wallace Ford auto dealership, which occupied the entire block at that time. On February 9, 1993, the City Commission approved a conditional use request to establish a full service vehicle repair facility or specialized service shop (Le. muffler shops, tire shops, etc.) for Ninth Street Plaza, Lot 2B (subject property) with conditions. Meineke Mufflers occupied the site until 2000. The site was then re-occupied by Cottman Transmission Center (a specialized service shop), which vacated the site earlier this year. The proposal is to rezone the subject property from AC (Automotive Commercial) to GC (General Commercial) to accommodate a furniture store. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony regarding the rezoning. After reviewing the staff report and discussing the proposal, the Board voted 4-0 (Borchardt, Pike and Woehlkens absent) to recommend approval of the rezoning request from AC to GC, based on positive findings with respect to LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), and LOR Section 2.4.5(0)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for a rezoning from AC (Automotive Commercial) to GC (General Commercial) based on the findings and recommendations of the Planning and Zoning Board, and set a public hearing date of November 18, 2003. Attachments: P & Z Board Staff Report of October 20, 2003 & Ordinance by Others \~A PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT--- MEETING DATE: October 20, 2003 AGENDA ITEM: IV.C. ITEM: Rezoning From AC (Automotive Commercial) To GC (General Commercial) For a 0.73 Acre Parcel of land located at 550 SE 9th Street [Southwest Comer of SE 6th Avenue (Northbound Federal Highway) and SE 9th Street] (Quasi-Judicial Hearing). B<ACH ~~ WOMEN'S au. - ~_% 5T, BARRTON APT CONDOS GENERAL DATA: CHURCHILL CONDO Owner/Applicant......................... lynn M. Soreide AgenL....................................... Salvatore Ciccone location...................................... Southwest comer of >- Southeast 6th Avenue ... 5.t: , ~ (Northbound Federal 0: Highway) and w Southeast 9th Street. 'IJ/NETT .... DRI'o'C-THRU ... Property Size.............................. 0.73 Acres ~- ~ . 5TH A\of". Future land Use Map............... GC (General Commercial) GRILL Current Zoning............................ AC (Automotive Commercial) Proposed Zoning........................ GC (General Commercial) 9TH Adjacent Zoning................North: GC (General Commercial) East: GC (General Commercial) " South: GC (General Commercial) ,; West: GC (General Commercial) Existing land Use...................... Vacant/2,490 square-ft. s.E. building. -' Proposed land Use.................... Rezoning from AC ... (Automotive Commercial) to .... GC (General Commercial) for (/) EXEcunVE ... a 0.73 acre parcel of land to QUARTERS 0 accommodate a retail 0 furniture store. ... Water Service............................. Existing on site. 0: .... Sewer Service............................. Existing on site. z - HARBOUR SIDE HARBOURS EDGE IV.C. The item before the Board is that of making a recommendation to the City Commission on a rezoning from AC (Automotive Commercial) to GC (General Commercial) for 550 SE 9th Street. The subject property is located at the southwest corner of SE 6th Avenue (Northbound Federal Highway) and SE 9th 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 consists of Lot 2B, Replat of Lot 2 Ninth Street Plaza, which is zoned AC (Automotive Commercial) and contains 0.73 acres. The property contains an existing 2,490 sq. ft. structure and associated parking, landscaping and refuse container area. The building was constructed in 1976 as a service building associated with the Wallace Ford auto dealership, which occupied the entire block at that time. The Wallace Dealership relocated to Linton Boulevard and the site remained vacant until 1992. The subject property has extensive land use history. The most recent land use actions that relate to the subject property are as follows: At its meeting of October 13, 1992, the City Commission approved a Replat of Lot 2, Ninth Street Plaza, consisting of a two subdivision: Lot 2A and 28. On February 9, 1993, the City Commission approved a conditional use request to establish a full service vehicle repair facility or specialized service shop (i.e. muffler shops, tire shops, etc.) for Ninth Street Plaza, Lot 2B (subject property) with conditions. The request was made in order to allow the property to be ready for quick occupancy (without requiring a use hearing) once a permanent tenant was found. At its meeting of May 18, 1994, the Site Plan Review and Appearance Board (SPRAB) approved building elevation and color changes for Meineke Mufflers, which occupied the site until 2000. The site was then re-occupied by Cottman Transmission Center (a specialized service shop, which vacated the site earlier this year. At its meeting of June 3, 2003, the City Commission approved a rezoning from AC (Automotive Commercial) to GC (General Commercial for Lot 2A (immediately to the west), which contains the Blue Max Autohaus vehicle repair facility. The property was rezoned to accommodate the redevelopment by Gulfstream Business Bank. On June 25, 2003, SPRAB approved the Class V site plan, landscape plan and building elevations for Gulfstream Business Bank. P&Z Board Staff Report Rezoning from AC to GC for 550 SE 9th Street Page 2 The proposal is to rezone the 0.73 acre subject property (Lot 2B, Replat of Lot 2 Ninth Street Plaza) from AC (Automotive Commercial) to GC (General Commercial) to accommodate a furniture store. REQUIRED FINDINGS: lDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. FUTURE lAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. The subject property has a Future Land Use Map designation of GC (General Commercial) and is currently zoned AC (Automotive Commercial). General retail uses are not specifically listed as permitted uses in the AC zoning district. The proposed General Commercial (GC) zoning district provides basic regulations for small parcels which are best suited for general retail and office uses [Ref. LDR Section 4.4.9(A)]. Pursuant to LDR Section 4.4.9(B)(1). general retail type uses are permitted within the GC zoning district. The proposed GC (General Commercial) zoning designation is consistent with the GC (General Commercial) Future Land Use Map designation. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. 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: o Water service exists via a service lateral connection to an existing 8" water main located along the south side of SE 9th Street. ----- P&Z Board Staff Report Rezoning from AC to GC for 550 SE 9th Street Page 3 o Sewer service exists via a service lateral connection to the existing 8" main within the 20' utility easement (previously abandoned north/south alley) adjacent to the west side of the property. o Adequate fire suppression exists via the existing fire hydrant located at the northwest corner of the property. The proposed development will accommodate uses of similar intensity as those allowed in the AC 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. Orainaae: With a rezoning request drainage plans are not required. The rezoning to GC is to allow a retail establishment to occupy the existing building. Drainage is currently accommodated via sheetflow to perimeter landscape areas, which contain a French drain. Redevelopment of the site in the future will require the installation of drainage system that meets current standards. Traffic: The uses allowed under the existing AC zoning do not include general retail uses, which are allowed in the GC zoning district. While the proposed GC zoning does allow uses of similar or greater intensity from a traffic perspective as the AC uses, an increase in traffic volumes is not anticipated from the rezoning action itself. As previously noted, the proposed rezoning from AC to GC is to accommodate a change in use from auto repair to retail furniture store. The proposed change of use of the 2,490 sq.ft. structure from auto repair to retail will generate approximately 171 additional vehicular trips onto the surrounding roadway network. With the submittal of a site plan modification application for the change in use, a traffic statement will be required. There are no problems anticipated meeting traffic concurrency and the associated level of service standards. Submittal of a site plan application to redevelop the site may require the submittal of a traffic study, which complies with the Palm breach County Traffic Performance Standards Ordinance. Parks and Recreation: Nonresidential uses do not create a demand for Parks & Recreation services therefore, park dedication requirements do not apply. School Concurrency: Commercial uses do not generate an impact or demand on school facilities and services; therefore this requirement does not apply. However, while the AC zoning P&Z Board Staff Report Rezoning from AC to GC for 550 SE 9th Street Page 4 district does not allow residential uses, the GC zoning does at a maximum of 12 units per acre. The maximum number of units that could be accommodated on this site is 8. This standard will be revisited if a site plan is submitted that accommodates residential uses. Solid Waste: Trash generated each year by the proposed commercial development under the proposed GC zoning district will be comparable or greater than trash generated by the uses allowed under the AC zoning district however the difference should not create an adverse impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021. 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(0)(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 automobile related uses allowed within the AC zoning district are not allowed uses within the GC zoning district such as vehicle sales, vehicle rental, and vehicle repair. The proposed rezoning will allow the currently vacant structure to be reoccupied by a retail furniture store. The property is surrounded by commercial uses and any redevelopment will need to be complementary to these uses. Any concerns with respect to compatibility will be enhanced through specific regulations, which apply to the GC zoning district. The proposed commercial designation is an appropriate zoning designation along an arterial road (Federal Highway). Section 3.2.2 (Standards for RezoninQ Actions): Standards A, S, and E are not applicable with respect to the proposed rezoning. 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 P&Z Board Staff Report Rezoning from AC to GC for 550 SE 9th Street Page 5 depth of the commercial zoning in order to provide for better project design. The proposed GC zoning designation for the 0.73 acre parcel can be considered strip commercial zoning and is consistent with the zoning designation of the surrounding properties. Pursuant to LOR Section 4.4.9(A)(Purpose and Intent), the GC district provides basic regulations for small parcels which are best suited for general retail and office uses but which are not of sufficient size to be designed in a planned sense. The GC designation is applied to small parcels, most of which are developed, where adherence to standard regulations is most appropriate. The GC is to be applied primarily along arterial and collector streets. The existing site, which is located along an arterial street, is part of an overall planned development encompassing a one block area with limited/shared access and cross access driveways. Any redevelopment of or modifications to the subject property would need to be sensitive to this current shared site design. 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 surrounded by the GC (General Commercial) zoning district. The surrounding uses are: Miami Subs restaurant to the north; MAB Paints to the south; existing auto repair use (Blue Max Autohaus/proposed Gulfstream Bank site) to the west; and, strip commercial centers to the east. The proposed retail use is compatible with the surrounding uses as similar land uses exist in the immediate area. Section 2.4.5(D)(5) (Rezonina Findinas): 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: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. 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 the following statement indicating the reasons for which the rezoning is being sought based on "b" above: P&Z Board Staff Report Rezoning from AC to GC for 550 SE 9th Street Page 6 'There has been a change in circumstances which makes the current zoning inappropriate. Auto repair is no longer a viable use for this property. A better use of the property would be a furniture store which requires "GC' (General Commercial) zoning. The basis for which the rezoning should be granted relates to "c' in that the use of the property for general commercial use is more appropriate given its immediate location to other general commercial type uses. With the elimination of the adjacent auto repair facility to the west and redevelopment of the property to accommodate a bank facility, there are no other auto repair uses in the immediate vicinity. Oue to the industrial nature of the use and the property's location on an arterial roadway consisting of primarily general commercial uses, the GC zoning designation is more appropriate. Based upon the above, a positive finding with respect to LOR Section 2.4.5(0)(5) can be made. 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. Site Plan Modification: The proposed rezoning is being processed in order to establish a retail furniture store. If the rezoning is approved, the change of use from auto repair to retail will require the processing and approval of Class III site plan modification. This type of modification is described as a modification to the site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requiring partial review of Performance Standards found in LOR Section 3.1.1 [ref. LOR Section 2.4.5(G)(1 )(c)(Class III)]. As the change of use from auto repair to retail requires represents a change in intensity requiring partial review of LOR Section 3.1.1, a Class III site plan modification must be processed and approved. Prior to establishing the proposed use, improvements associated with the site plan modification approval must be constructed. The site plan modification needs to address the replacement of the overhead service bay doors with permanent storefront doors thereby creating a storefront fac;:ade as well as the provision of handicap accessibility. Further, the interior of the building must comply with building and fire codes as they relate to retaillfurniture store uses. The proposed use has created some concerns within the general vicinity with businesses just north of this site with respect to illegal outside display of furniture. The GC zoning classification allows, pursuant to LOR Section 4.6.6(C)(3), a maximum of 10% of the square footage of the building for outside display (249 sq.ft.). This outside display area cannot occupy parking spaces, driveways, sidewalks or landscaped areas. In reviewing a survey of this property, no areas are currently available for any outside display. P&Z Board Staff Report Rezoning from AC to GC for 550 SE 9th Street Page 7 The development proposal is not located within the geographical area requiring review by the DDA (Downtown Development Authority). Community Redevelopment Aaencv This item was reviewed by the CRA at their October g, 2003, meeting and the CRA Board recommended approval of the rezoning. Courtesy Notices: A special courtesy notice was provided to the following civic and homeowners associations: . Osceola Park Homeowners Association . PROD . Rio Delray Shores . President's Council . Delray Harbour Club Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The proposed rezoning from AC (Automotive Commercial) to GC (General Commercial) designation is supportable as the GC zoning is of similar intensity as allowed under the GC FLUM designation and is more appropriate for this site based upon the existing GC zoning and uses surrounding the property. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. A. Continue with direction. B. Recommend to the City Commission approval of the rezoning for 550 SE 9th Street from AC to GC, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. P&Z Board Staff Report Rezoning from AC to GC for 550 SE 9th Street Page 8 C. Recommend to the City Commission denial of the rezoning from AC to GC for 550 SE 9th Street, based on a failure to make positive findings with respect to LOR Section 2.4.5(0)(5). Recommend to the City Commission rezoning of 550 SE 9th Street from AC (Automotive Commercial) to GC (General Commercial), based on positive findings with respect to LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), and LOR Section 2.4.5(0)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: 0 Location/Zoning Map 0 Survey fl. f-- f-- , , 0 0 I -- LEeEND-- f--':;! ':;! z ~ z~ CURRIE I- <( <( :::J BAN is COMMONS t= t=. g BUILDI G ~--= 550 S.E. 9TH OSR ~ t::l"" ~~ BTH ST~ STREET S.E, ~~ H 5, f-- ~ II I - f-- A - BARNETT f-- -- REZONING - I--- DRIVE-THRU I o 0 I_' <E,'.!!!1_11- ~1-- I-- ~ ~ I---- ~ 5TH AVE. Af' ~ rTCT~ FROM: AC <>:: GRILL -11"'1. - , ~ (AUTOMOTIVE I--- _ f-- _ MlAMI'- "1i" COMMERCIAL) - f-- SUBS II '- ~TH~ ST, TO: GC (GENERAL I--- f-- I-- I-- :a s"'''' ST >- COMMERCIAL) . f-- I--- I--- I--- ~r-~ is f-- f----. I--- I--- I <>:: ~ .' ~1- I [(OJ f-- :;:t::= t::= :;: "- lO ,-I ~ 550 S.E. 9TH STREET -Cf----. 1---1--- L.-.-- ... f-- SHELL~ _ 0:: -- I I ) / W SUBJECT AREA I~ Os.E. 10TH ST. ~ W L _ II I r w ~. LL, <>:: vi (f) '/Il.ES/" f-- - DELRA Y - P C i<N~ S'( S ~ SUPPLEMENTAL INFORMATION I-- WI------ - I peNN: 12-43-46-21-62..000-0022 I---i" e-- - PLACE ~ _/ I-- - S' APPROXfMATEACREAGE:O.73 I- e--. - R EXECUTIVE "- i" ,~ e-- S! - QUARTERS <i' ABR/DGEDLEGALDESCRIPTlON, 0. ~ ffi . ,.. J ,,!Ie R M NINTH STREET PLAZA '" e-- CONDOS PO", Iff? - REPLATLOT2l0T2B WILSON AVE. I-- ;- CURRENT FLUM: GC aJ 41 Y ~" (GENERAl COMMERCIAL) ~~ RI- U.f ,I II 1M H I L EXISTING LAND USAGE, '" ~ FLORANDA VACANT CENTRAL AVE. l--- TRAILER S.L 12TH RD. 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I I I I I - ,: -I _ 1 ~ I I I I I I ~. . ?o' ---"> '70")' -t9' o~" E; IS\' :z;.",'{P) 1'3\.'11' 1M) , ORDINANCE NO. 45-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF SE 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY) AND SE 9TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; 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 April, 2003, as being zoned AC (Automotive Commercial) District; and WHEREAS, at its meeting of October 20, 2003, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 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 I. 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 GC (General Commercial) District for the following described property: Lot 2B of the Plat of the Replat of Lot 2 Ninth Street Plaza, according to the Plat thereof, as recorded in Plat Book 70, Page 44 of the Public Records of Palm Beach County, Florida. 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 I 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 MAYOR City Clerk First Reading Second Reading 2 ORD NO. 45-03