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Agenda Reg 02-06-01City of Delray Beach Regular Commission Meeting Tuesday, FebruaD, 6, 2001 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City. Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public xs encouraged to offer comments w~th the order of presentation being as follows: City Staff, public comments, Commission discusmon and official action. City Commission meetings are business meetings and the right to limit discussion rests wuth the Commlssmn. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or premdmg officer has discretion to adjust the amount of tzme allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inquiries on Non-Agenda Items from the Public: Any c~tlzen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this sect;on, The Commission may withhold comment or direct the City Manager to take action on requests or comments. Regular Agenda and Fxrst Reading Items: When extraordinary circumstances or reasons ernst and at the d;screUon of the Commission, mnzens may speak on any official agenda 1tern under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, ind~vlduals wishing to address public hearing or non-agendaed 1terns should mgn 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 v, uth 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 Comm~sslon shall be barred by the presiding officer from speaking further, unless permlsmon to continue or again address the Commission ~s granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be adv;sed that if a person decides to appeal any demslon made by the C;ty Commission with respect to any matter considered at th~s meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal ~s based. The City neither provides nor prepares such record. The CI9' xvfll furnish auxthary aids and sen-ices to afford an lnchvidual xvlth a chsabthw an opportumt)' to parucIpate in and enjoy the benefits of a servme, program, or acuvlB' conducted by the CiD' Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (TDD), 24 hours prior to the event xn order for the City to accommodate your request. Adapnve hstenmg devices are available for meeungs ~n the Comrmssion Chambers 2. 3. 4. 5. o o ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE TO THE FLAG AGENDA APPROVAL APPROVAL OF MINUTES: · Regular Meeting of January 16, 2001 PROCLAMATIONS: A. Recognizing and commending the Delray Rocks and Cheerleaders on their achievements during the 2000 Season Recognizing and commending Gene Tarver for his outstanding community service and contributions to the youth of Delray Beach C. Recognizing the First Sister City Delegation to Moshi, Tanzania PRESENTATIONS: A. Distinguished Budget Presentation Award for the Fiscal Year Beginning October 1, 1999 CONSENT AGENDA: (City Manager recommends approval) A. AGREEMENT FOR FACILITATION SERVICES/DOWNTOWN BUSINESS DISTRICT PLAN: Approve an agreement between the City and Pat Bidol-Padva. Ph.D., for facilitation services associated with the MacArthur Grant/Downtown Business District Plan, in the amount of $15,000 with funding from 001-6113-559- 31.90 (MacArthur Grant). LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS: Co Approve the Lien Review Advisory Committee's recommendations concerning the disposition of outstanding liens on 25 outstanding customer files. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/OCEAN HAMMOCK: Authorize the City to act as the utility permit applicant for the construction of a water main within state right-of-way (A1A) and approve a hold harmless agreement wherein the developer (Ironwood Properties, Inc.) agrees to hold the City harmless for work performed by the developer in the state right-of-way. associated with the Ocean Hammock townhouse development located at the southwest corner of Pelican Lane and A 1A. -2- 02-06-01 D. DECLARATION OF RESTRICTIONS BY F.I.N.D. ON THE ODABACHIAN PROPERTY: Approve a Declaration of Restrictions requested by the Florida Inland Navigation District (F.I.N.D.) which provides that the Odabachian property recently purchased by the City shall be used as a public boat parking area in conjunction with the planned boat ramp to be constructed on the adjacent F.I.N.D. parcel (MSA 650). LETTER OF AGREEMENT/GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC. (PARKS AND RECREATION MASTER PLAN): Approve a letter of agreement between the City and Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. for that firm to perform a Needs Assessment and prepare a Master Plan for the Parks and Recreation Department, with funding in the amount of $78,700 from 334-6111-519-31.30 (General Construction Fund - Engineering/Architectural). AMENDMENT #1 TO INTERLOCAL AGREEMENT WITH PALM BEACH Go COUNTY/CNG FUEL MANAGEMENT SERVICES: Approve Amendment #1 to the interlocal agreement between the City and Palm Beach County for CNG (Compressed Natural Gas) fuel management services by extending the agreement for five (5) years, to August 18, 2006. SERVICE AUTHORIZATION #7/MATHEWS CONSULTING, INC. (N.E. 4TM STREET WIDENING): Approve Service Authorization #7 in the amount of $24,700.00 with Mathews Consulting, Inc. for engineering services associated with the widening of NE 4th Street from NE 2nd Avenue to NE 5th Avenue (southbound Federal Highway), including coordination with FEC Railway regarding the FEC crossing, with funding from 334-3162-541-65.19 (General Construction -NE 4th Street Improvements). CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/MOLLOY BROTHERS (SEACREST/DEL-IDA NEIGHBORHOOD IMPROVEMENTS PHASE I): Approve closeout Change Order #1 in the amount of $27,106.50 and final payment in the amount of $40,146.75 for completion of the Seacrest/Del-Ida Neighborhood Improvements Phase I project, with funding in the amount of $10,200 from 442-5178-536-63.50 (W&S R&R - Water Distribution Improvements). $16,906.40 from 334-3162-541-62.54 (General Construction Capital Outlay - Seacrest/Del-Ida), and $13,040.35 from 448-5461-538-63.97 (Stormwater - Other Improvements). CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/SIGA INC. (ORCHARD VIEW PARK): Approve closeout Change Order #2 in the amount of $2,970.54 and final payment in the amount of $6,052.66 to SIGA Inc. for completion of the Orchard View Park project, with funding from 334-6112-519-63.40 (General Construction Fund - Recreational Improvements). 02-06-01 J. FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $21.375.00 for an income eligible applicant under the Delray Beach Renaissance Program. with funding from 118-1924-554-83.01 (SHIP Program), representing the 117th homeownership assistance grant provided through the program to-date. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $16,047.00 to allow the applicant to obtain a new mortgage for construction of a single family home. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved by the South Central Regional Wastewater Treatment and Disposal Board at the quarterly meeting of January 18. 2001. RESOLUTION NO. 7-01: Approve a resolution supporting increased funding for Regional Planning Councils. RESOLUTION NO. 8-01: Approve a resolution assessing costs for action necessary to abate nuisances on twenty-three (23) properties throughout the City. APPOINTMENT OF OUTSIDE COUNSEL/MERVIL & SELDIN CLAIMS: Approve the appointment of outside counsel in the referenced matter as recommended by the City Attorney. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 16th through February 2, 2001. AWARD OF BIDS AND CONTRACTS: Bid award in the estimated amount of $87,400 to CSR Rinker for the annual Ready Mix Concrete contract, via joint bid with the City of Boynton Beach, with funding from 001-3113-541-53.90 (Streets Maintenance - Other Road Materials) and various capital project accounts Bid award in the estimated amount of $15,680 to Tanner Industries for the annual Anhydrous Ammonia contract for the Water Treatment Plant, via joint bid with the City of Boynton Beach, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). o Purchase award in the total amount of $16,800 to Otto Industries, Inc. for the purchase of 588 68-gallon roll garbage carts, with funding from 433-3711- 534-49.35 (Sanitation Fund/Cart Renewal & Replacement). 108 of the carts will be delivered free of charge as warranty replacements for defective carts 02-06-01 Contract award in the amount of $702,506.25 to Rosso Paving & Drainage, Inc. for the Marty Fladell Drive & N.W. 18th Avenue improvements, a 2000 Roadway Bond project, with funding in the amount of $338,088.45 from 370-3162-541-65.47 (2000 Roadway Bond Program), $182,148.50 from 448- 5470-538-65.47 (Stormwater). and $182,269.30 from 441-5161-536-65.47 (Water & Sewer New Capital). o Purchase award in the amount of $30,870.00 to RLS Lighting. Inc. for the purchase of park benches and litter containers to be placed along Pineapple Grove Way (N.E. 2"d Avenue) between Atlantic Avenue and N.E. 4th Street, with funding in the amount of $11,130 from 433-3711-534-49.35 (Sanitation Fund- Cart Renewal & Replacement) and $19,740.00 from 334-6111-519- 65.12 (General Construction Fund - NE 2nd Avenue Improvements). REGULAR AGENDA: CONDITIONAL USE REQUEST/CUSTOM CAR WORKS: Consider approval of a request for conditional use approval to establish a window' tinting and car stereo sales/installation operation for Custom Car Works, located within the LL Park of Commerce located at the northeast comer of Congress Avenue and Dr. Carol Krol Way. The subject property is zoned MIC (Mixed Industrial and Commercial) District. QUASI-JUDICIAL PROCEEDING B RECONSIDERATION OF A CONDITION OF APPROVAL FOR WATERWAY VILLAGE: Consider a request to modify the original conditions of approval with respect to off-site improvements associated with Waterway Village, a proposed mixed use (residential/commercial) development located at the southwest corner of South Federal Highway and Lindell Boulevard WAIVER REQUEST TO REDUCE OPEN SPACE REQUIREMENT/BLOCK Do 69 MUNICIPAL PARKING GARAGE: Consider a request to waive LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space for the Block 69 Municipal Parking Garage, proposed to be located on the west side of S.E. 1st Avenue, approximately 250 feet south of East Atlantic Avenue. QUASI- JUDICIAL PROCEEDING SPECIAL EVENT REQUEST/6TM ANNUAL WINTER STREET CRAFT FESTIVAL: Consider a request for special event approval to allow the 6TM Annual Delray Beach Winter Street Craft Festival to be held on February 24-25, 2001, including a temporary use permit for street closure and staff support for security, with the event sponsor paying all overtime costs. 02-06-01 F Go SPECIAL EVENT REQUEST/ST. PATRICK'S DAY PARADE: Consider a request for special event approval to allow' the 33r° Annual St. Patrick's Day Parade to be held on Saturday, March 17, 2001, including temporary use permits for street closures, staff support for traffic control and security, barricading, trash removal and assistance in obtaining the FDOT permit. REQUEST FOR FUNDING/THE DELRAY BEACH CHORALE: Consider a request from the Delray Beach Chorale for financial support to assist with the group's trip to Eisenstadt, Austria, in August 2001. BID AWARD/LANDSCAPE MAINTENANCE FOR ATLANTIC AVENUE Ko GREENWAY PLAN: Consider approval of a bid award in the estimated amount of $14,793.00 to First Genesis Lawn Service as the lowest responsive, responsible bidder (second low- bid) for the annual landscape maintenance contract for the Atlantic Avenue Greenway Plan (vacant lots), with funding from 119-4144-572- 46.40 (Beautification - Maintenance). Aircraft Noise Police Officer Recruitment and Retention. APPOINTMENTS TO THE TENNIS FACILITIES TASK TEAM: Appoint ten (10) members to the Tennis Facilities Task Team. The appointments will be made on the rotation basis, beginning with Commissioner Perlman (Seat #1) through Commissioner Archer (Seat #2), Commissioner Schwartz (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Schmidt (Seat #5). APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the Education Board to fill an unexpired term ending July 31, 2002. The appointment will be made by Commissioner Archer (Seat #2). APPOINTMENT TO THE GENERAL EMPLOYEES PENSION BOARD: Appoint a member to fill a vacated position on the General Employees Pension Board. The appointment will be made by Commissioner Schwartz (Seat #3). APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Consider approval of the Code Enforcement Board's recommendation to move a regular member to an alternate member position, and appoint two regular members to the Code Enforcement Board to fill unexpired terms ending January 14, 2003, and January 14, 2002, respectively. The appointments will be made by Commissioner McCarthy (Seat #4) and Mayor Schmidt (Seat #5). 02-06-01 10. PUBLIC HEARINGS: 11. 12. ORDINANCE NO. 3-01 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations by placing a moratorium on business uses as defined herein opened for business at any time between the hours of 12:00 midnight and 5:00 a.m. for a period of six months from the date of adoption of this ordinance in the General Commercial zoning district and the Central Business District within the Downtown Development Authority area. ORDINANCE NO. 4-01 (SECOND READING/SECOND PUBLIC HEARING:) An ordinance amending LDR Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", by increasing the parking requirement for restaurants in the original Downtown Development Authority area. ORDINANCE NO. 6-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Sections 4.4.13(G) and 4.4.24(G) by modifying the one time one space parking reduction within the Central Business District and the Old School Square Historic Arts District. If passed, a second public hearing will be scheduled for February 20, 2001. ORDINANCE NO. 7-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the LDRs regarding parking requirements in the CBD (Central Business District) to accommodate required parking by utilizing valet or tandem parking and establishing design standards for valet and tandem parking arrangements. If passed, a second public hearing will be scheduled for February 20. 2001. 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 FIRST READINGS: ORDINANCE NO. 10-01: An ordinance providing for a Charter revision by amending Article III, "Legislative", Section 3.06, "Vacancies; Forfeiture of Office; Filling of Vacancies", by repealing Subsections 3.06(C) and (D), and enacting new Subsections 3.06(C)(1) and (C)(2) to provide for the filling of a vacancy in the Office of Mayor, providing the length of the Mayor's successor's term and that of the Commissioner serving in the successor's former seat, including the manner of selection; and providing for a referendum to be held on March 13, 2001. If passed, a public hearing will be scheduled for February 20~ 2001. ~ -7- 02-06-01 Co RESOLUTION NO. 9-01: A resolution calling for a special election on a Charter change to be held on March 13, 2001, to provide for a referendum on the Charter change presented in Ordinance No. 10-01. ORDINANCE NO. 11-01: An ordinance providing for a Charter revision by amending Article III, "Legislative~', Section 3.01, "Commission-City Manager Form of Government; Term of Office: Number; Offices of Vice-Mayor and Deputy Vice- Mayor; Succession to Office of Mayor", by amending Subsection 3.01(c) to provide an exception to term limits to allow the Mayor or Commissioner elected to a two year term to complete the term to which they were elected if the six consecutive year term limit falls during the elected two year term; and providing for a referendum to be held on March 13, 2001. If passed, a public hearing will be scheduled for February 20, 2001. RESOLUTION NO. 10-01: A resolution calling for a special election on a Charter change to be held on March 13, 2001, to provide for a referendum on the Charter change presented in Ordinance No. 11-01. ORDINANCE NO. 12-01: An ordinance providing for a Charter revision by amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice- Mayor; Succession to Office of Mayor", by amending Subsection 3.01(c) to provide that in addition to time served to fill a partial unexpired term as a result of appointment being not included in the six (6) consecutive years term limit, that time served to fill a partial unexpired term as a result of an election is also not included in the six (6) consecutive years term limit; and providing for a referendum to be held on March 13, 2001 If passed, a public hearing will be scheduled for February 20, 2001. RESOLUTION NO. 11-01: A resolution calling for a special election on a Charter change to be held on March 13, 2001, to provide for a referendum on the Charter change presented in Ordinance No. 12-01. ORDINANCE NO. 13-01: An ordinance providing for a Charter revision by amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice- Mayor; Succession to Office of Mayor", by amending Subsection 3.01(c) to provide that a Commissioner may serve for six (6) consecutive years as Commissioner and the Mayor may serve for six (6) consecutive years as Mayor; and providing for a referendum to be held on March 13, 2001. If passed, a public hearing will be scheduled for February 20, 2001. RESOLUTION NO. 12-01: A resolution calling for a special election on a Charter change to be held on March 13,2001, to provide for a referendum on the Charter change presented in Ordinance No. 13-01. 02-06-01 13. Eo ORDINANCE NO. 14-01: An ordinance providing for a Charter revision by amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number: Offices of Vice-Mayor and Deputy Vice- Mayor; Succession to Office of Mayor", by amending Subsection 3.01(c)to clarify the "one year" exclusion from serving after completion of a term; and providing for a referendum to be held on March 13, 2001. If passed, a public hearing will be scheduled for February 20. 2001. RESOLUTION NO. 13-01: A resolution calling for a special election on a Charter change to be held on March 13,2001, to provide for a referendum on the Charter change presented in Ordinance No. 14-01. ORDINANCE NO. 15-01: An ordinance designating the Water House located at 916 and 918 N.E. 5th Street as a local historic site and adding it to the Local Register of Historic Places. If passed, a public hearing will be scheduled for February 20, 2001. ORDINANCE NO. 16-01: An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions". of the City Code to provide for a change in the investment parameters for common or capital stock in the Police and Fire Pension Plan. If passed, a public hearing will be scheduled for March 6, 2001. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission 02-06-01 CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING - FEBRUARY 6~ 2001 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9. REGULARAGENDA No FINAL PLAT APPROVAL/DEL RATON PARK REPLAT NO. 1: Consider approval of the final subdivision plat for Del Raton Park Replat No. 1, a proposed two lot mixed use subdivision that will be developed as Waterway Village, located at the southwest comer of South Federal Highway and Lindell Boulevard. (Note: This plat was originally approved by the City Commission on January 16, 2001. Since that time a minor technical change has occurred (access easement changed to an access tract), thus requiring a new approval from the City Commission.) 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. JANUARY 16~ 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, January 16, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz (arrived 6:05 p.m.) Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2_. The opening prayer was delivered by Reverend Matthew "Bump" Mitchell, Christ Missionary Baptist Church. The Pledge of Allegiance to the flag of the United States of America was given. Agenda Approval. Mayor Schmidt noted the addition of Item 9.I., Request for Funding/EPOCH's Spady Museum Project, to the regular agenda by addendum. Mr. Perlman moved to approve the agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. (Commissioner Schwartz arrived at the meeting, the time being 6:05 p.m.) J APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of December 12, 2000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mr. Schwartz moved to approve the Minutes of the Regular Meeting of January 2, 2001, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6oAo American Heritage School Key Club Day - January 30, 2001 Mayor Schmidt read a proclamation recognizing and commending the American Heritage School of Boca/Delray on the occasion of it's first annual Key Club installation and charter ceremony, and further proclaiming January 30, 2001 as American Heritage School Key Club Day in the City of Delray Beach. 6.B. Recognizing and commending Rhiannon Jeffreg, Freshman at Atlantic High School~ on her outstanding achievements in swimming Mayor Schmidt read and presented a proclamation recognizing and commending Rhiannon Jeffrey on her outstanding achievements and performance in the sport of swimming and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through her efforts. Ms. Jeffrey came forward to accept her proclamation from Mayor Schmidt. 6.C. Recognizing and commending the Atlantic High School Bogs Cross Countt~ Team on an outstanding and unprecedented season Mayor Schmidt read and presented a proclamation recognizing and commending the members of the Atlantic High School Boys Cross Country Team (John Jefferson, Sean Jefferson, Alfredo Felix, Josh Randall, Kenny Schappert, Billy Grommet and Patrick Bowser) and their Coaches (Mike McPherson, Manny Moreno and Ken Schappert) on an outstanding season that included winning the Conference, County, District, Regional and State Championships, and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through their efforts. The members and coaches of the Atlantic High School Boys Cross Country Team came forward to accept their proclamations from Mayor Schmidt. Coach Mike McPherson, on behalf of the team, expressed his thanks and appreciation to the Commission for this recognition. 6.D. Recognizing and commending the Delray Beach Fire Department's Dive Team as the TOP DIVE TEM OF THE YEAR 2000 Mayor Schmidt read and presented a proclamation recognizing and commending the members of the Delray Beach Fire Department's Dive Team (Driver Engineer Michael McCleary, Driver Engineer Christopher Zidar, Driver Engineer James Dalton, Paramedic Joseph Lang, Paramedic Matthew Pearce and Lieutenant William Marino) on their outstanding achievements at the 14th Annual Public Safety Divers National Championship and Forum, and as outstanding citizens of the community and distinguished representatives of the City of Delray Beach. The members of the Fire Department's Dive Team came forward to accept their proclamations from Mayor Schmidt. Division Chief Russ Accardi commended the Dive Team -2- 01-16-01 members on their dedication, and recognized the quality of the professional services available to the citizens of Delray Beach through their efforts. Chief Accardi, on behalf of the Dive Team, expressed his thanks and appreciation to the City Commission for their support and recognition. At this point, the City Manager introduced the new Fire Chief, Kerry Koen. He commented that Chief Koen did an outstanding job for the City when he was here before and he was very pleased that he was able to get him to come back to Delray Beach. Chief Koen commented that it was an honor to be back in Delray Beach and he looked forward to again being a part of the City's outstanding Fire Department. o PRESENTATIONS: 7.Ao 2000 City Golf Championship Awards (Sandra Eriksson~ Director of Golf) Sandra Eriksson, Director of Golf, introduced Mary Beth Birsky as the new Director of Operations at the Delray Beach Golf Club. year 2000: Ms. Eriksson then presented the following City Golf Championship awards for the Senior Women's First Flight - Women's Second Flight - Women's First Flight - Senior Women's Champion - Eva Lochridge, Delray Beach Martha Clark, Delray Beach Nola-Ann Pearson, Boca Raton Jean Flockenzier, Delray Beach Super Senior Men's First - Super Senior Men's Champion - Senior Men's Second - Senior Men's First Flight - Men's Second Flight - Men's First Flight - City Champion Men's - Alex David, Palm Beach Gardens Guido Cavallo, Boca Raton J.C. Campbell, Delray Beach Craig McCann, Pembroke Pines Mike Chwalik, Delray Beach Ralph Royse, Boynton Beach Tim Conley, Delray Beach 7oao Commission Long Drive Competition (Commissioner Perlman) Sandra Eriksson, Director of Golf, presented the City Commission Long Drive Competition trophy to Commissioner Perlman with her congratulations. Ms. Eriksson noted that Commissioner Perlman gets to keep the trophy for a year, and will have the opportunity to defend his win in the 2001 long drive competition. 7°C° Report on School Attendance Boundaries (Janet Meeks) Janet Meeks, Senior Planner, gave an update on the school attendance boundaries issue. At their December 6, 2000 meeting, the School Board did not approve either the City's proposed boundaries or the Attendance Boundary Committee's (ABC) proposal. Instead, the School Board directed district staff to get together with the municipalities to come up with an -3- 01-16-01 alternative boundary scenario. This was done and an altemate plan was arrived at. That plan was approved on first reading at the School Board meeting on December 13, 2000. Ms. Meeks proceeded to give a short presentation on the demographics of the new plan. Under the plan, in order to include the Bass Creek neighborhood in the Carver Middle School boundary, Delray Estates was shifted from Carver down to Omni Middle School, and the area south of Germantown Road west out to Linton Boulevard would now go to Omni Middle School as well. Under the alternate plan, the capacity at Carver Middle School would decrease from 124% utilization down to 102%, while the minority percentage for Blacks would increase from 45% existing to 59%. It appeared that everything was going along well, but concerns have now been raised by Boca Raton parents over what the alternate plan does to the demographics at Omni Middle School. Their concern is that under the alternate plan, Omni's capacity is raised to 110%. Omni is currently at 101%. The complaint is that the Omni facility is a small plant and to provide additional portables would be a tremendous hardship. They also had concerns that the alternate plan would shift a new minority population into Omni and that they would prefer to keep the same group that currently exists at that school. Two of the Boca Raton parents worked on a new proposal for Omni Middle School where Delray Estates would remain within Carver's boundaries and the Bass Creek neighborhood would go to Omni Middle School. Ms. Meeks commented that it was stressed to the School District how important it is to Delray Beach to keep the Bass Creek subdivision in our boundaries. With second reading of the alternate plan scheduled for the School Board meeting on January 22, 2001, Ms. Meeks stated that she anticipates objections from the Omni people because of their concerns with the 110% utilization. She noted that it had been suggested to them that they look to the south and east because, under the alternate proposal, Boca Middle School is only at 83% capacity. In view of this, they were asked if they would leave Delray Beach boundaries alone and take a look at shifting between Omni and Boca Middle School. Given all of the above, Ms. Meeks stated that she was fairly confident that the alternate plan proposal would be approved by the School Board, although she felt there would be public comments from the Boca Raton parents. On question from Commissioner McCarthy, Lula Butler, Director of Community Improvement, commented that she did not feel a huge delegation from Delray Beach would be necessary, but rather to have appropriate representation from the Carver delegation and the Bass Creek neighborhood. go CONSENT AGENDA: (City Manager recommends approval) 8.A. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL ELECTION ITEMS: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee ballots for the March 13, 2001 municipal election, and represent the City at the requisite logic and accuracy tests. 8.B. RESOLUTION NO. 4-01: Approve a resolution vacating and abandoning two utility easements within the Plat of Delray Ocean Estates, based upon positive findings and subject to the acceptance of an easement deed conveying a replacement easement. The subject property is located on the east side of South Ocean Boulevard, north of Linton Boulevard. The caption of Resolution No. 4-01 is as follows: 01-16-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING TWO (2) UTILITY EASEMENTS LOCATED WITHIN THE PLAT OF DELRAY OCEAN ESTATES AS RECORDED IN PLAT BOOK 79, PAGES 69 AND 70 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF AN EASEMENT DEED GRANTING TO THE CITY OF DELRAY BEACH A 10 FOOT UTILITY EASEMENT FOR REPLACEMENT PURPOSES. (The official copy of Resolution No. 4-01 is on file in the City Clerk's office.) 8.C. AUTHORIZATION TO PROCEED/ADDITIONAL SERVICES ASSOCIATED WITH THE 4m BEACH NOURISHMENT PROJECT: Authorize Coastal Planning & Engineering, Inc. to proceed with additional services associated with the preparation of the expanded Limited Reevaluation Report for the 4th Beach Nourishment Project at a cost not to exceed $18,357.00. Funding will be from the Beach Restoration Fund (332-4164- 572-31.30), to be reimbursed through federal, state and county appropriations. .8..D. FINAL PLAT APPROVAL/DEL RATON PARK REPLAT NO. 1: Approve the final subdivision plat for Del Raton Park Replat No. 1, a proposed two lot mixed use subdivision that will be developed as the Waterway Village project, located at the southwest comer of Lindell Boulevard and South Federal Highway. 8.E. SPECIAL EVENT REQUEST/2001 BUD LIGHT PRO/AM VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for special event approval to allow the 2001 Bud Light Pro/Am Volleyball Tournament to be held at the municipal beach on May 12 and 13,2001. 8.Fo AMENDMENT #001 TO STANDARD CONTRACT WITH DEPARTMENT OF CHILDREN & FAMILIES (SUBSTANCE ABUSE PREVENTION ACTIVITIES): Approve an amendment to the standard contract with the Department of Children & Families to increase the City's funding allocation by $50,000 (from $135,000 to $185,000) for the program year ending June 30, 2001, for substance abuse prevention activities. 8.G. RESOLUTION NO. 5-01: Approve a resolution declaring support for school nurses in all Florida public schools. The caption of Resolution No. 5-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING SUPPORT FOR SCHOOL NURSES IN ALL FLORIDA PUBLIC SCHOOLS. (The official copy of Resolution No. 5-01 is on file in the City Clerk's office.) 01-16-01 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 2nd through January 12, 2001. g.I. AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $23,000 to Fast Dry Companies for the resurfacing of seven (7) hard courts at the Tennis Center and to provide an on-site technician during the Citrix Toumament, with funding from 334- 4145-572-63.90 (Tennis Center/Other Improvements). Purchase award in the amount of $58,000 to Intl. Yacht Sales for the purchase of a 24.6 World Cat (Catamaran) SF Boat and twin axle trailer, and an additional $4,557.76 to various vendors for the purchase of miscellaneous supplies. Funding in the amount of $47,220 will be from the Florida Inland Navigation District (F.I.N.D.) grant, with the balance from 001-2111-521- 64.90 (Police - Other Machinery/Equipment). 3 Housing rehabilitation grant award in the amount of $19,325.25 to South Florida Construction for the rehab of a single family housing unit at 618 S.W. 7th Avenue, with funding from 118-1924-554-49.19 (SHIP - Housing Rehabilitation). Mr. Schwartz moved to approve the consent agenda, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. AGREEMENT WITH OWL FOUNDATION INC. FOR USE OF THE MUNICIPAL TENNIS CENTER: Consider approval of an agreement between the City and the Owl Foundation Inc. for the use of the Municipal Tefmis Center on Saturday, April 7, 2001, for the Owl Foundation Tennis Challenge (a Venus and Serena Williams charity event). Robert A. Barcinski, Assistant City Manager, presented an overview of the proposed event and agreement. The event will be a charity event featuring Venus and Serena Williams, and will include exhibition matches, children's and adult clinics, a Pro/Am, and related activities. The purpose of the event is to serve as a fundraiser for the Owl Foundation Inc. which provides services and assistance to young people experiencing academic difficulties. Mr. Barcinski noted that the agreement is similar to the agreement the City has with Chris Evert Charities. It will be a one day event with a three (3) year commitment, and will include television coverage. He further stated that the City has received a verbal commitment from County Commissioner Addie Greene to fund the $25,000 cash contribution to the Foundation. Mr. Barcinski stated that the staff recommendation is for approval of the agreement. On question from Commissioner Archer as to an estimated cost to the City for this 01-16-01 event, Mr. Barcinski stated that he felt the City's cost would be roughly $8,000. That would include the $3,000 rental fee, estimated overtime, and ancillary costs such as utilities. On question from Commissioner Perlman as to the date of the event, the City Manager noted that the agreement provides that the event will take place in the month of April. Each year, the City and the Owl Foundation will come up with a mutually agreeable date. Commissioner McCarthy stated for the record that she had had a meeting with County Commissioner Greene and Mr. Dubin when this event was being discussed. She confirmed that Commissioner Greene stated at that meeting that she was in support of this event and was going to go to the County administration to find out how to structure the contribution. That is probably why the City has not yet received a written confirmation on the funding. Commissioner McCarthy moved to approve the agreement between the City and the Owl Foundation Inc., seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.B. RESOLUTION NO. 3-01 (TENNIS FACILITIES TASK TEAM): Consider approval of a resolution establishing the Tennis Facilities Task Team as an advisory body to the City Commission. The caption of Resolution No. 3-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE TENNIS FACILITIES TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK TEAM; PROVIDING FOR THE COMPOSITION OF SAID TASK TEAM AND APPOINTMENT THERETO; PROVIDING AN EFFECTIVE DATE; AND SETTING A SUNSET DATE. (The official copy of Resolution No. 3-01 is on file in the City Clerk's office.) The City Manager commented that the resolution was drafted pursuant to the City Commission's comments at the January 9th workshop. It is anticipated that the Commission will appoint the membership at the February 6th regular meeting, with the task team to immediately pursue its assigned task with a target completion date of April 17, 2001. The sunset date can always be extended by action of the Commission, if necessary. For the record, Mayor Schmidt stated that he wished to correct one thing that was in the newspaper the other day. There was a story that said that this task team was going to decide the final use for the Delray Swim & Tennis Club, and that a decision would be made by the end of April 2001. Mayor Schmidt clarified that this is something that is going to be done as part of the Parks and Recreation master plan and needs assessment. Input from the task team will, of course, 01-16-01 be accepted, but it will not be a done deal by the end of April. The City Manager added that this task team is going to address all of the City's tennis facilities; not just that one. Commissioner Archer moved to approve Resolution No. 3-01, seconded by Mr. Peflman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce for special event approval for the Delray Affair to be held April 20-22, 2001. Robert A. Barcinski, Assistant City Manager, presented an overview of the annual request for the Delray Affair. He noted that the maximum City contribution for overtime would be $11,500.00, all vendor permits would be assigned by the Chamber of Commerce, and the Delray Affair would be the only event allowed to be held in the City during the period April 20-22, 2001. On question from Commissioner McCarthy, Mr. Barcinski clarified that the Delray Affair 5K Run is looked at as being a part of the Delray Affair although it was agendaed as a separate item. Mr. Barcinski continued that approval of the request is recommended with the conditions that the Director of Parks and Recreation have input concerning the events proposed on park property, that signs be approved per code requirements, that banners be allowed within the confines of the event site as may be approved by the Director of Community Improvement, and that the approval be contingent on receipt of a certificate of insurance and hold harmless agreement. Mr. Perlman moved to approve the special event request for the 2001 Delray Affair subject to the staff recommendation. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. As a point of information, Mayor Schmidt stated that he had a meeting set up on Monday (January 22, 2001) with the merchants, Police and Fire personnel, and city officials about the issue that was brought up at a recent Commission meeting concerning the placement of the vendor booths during the Delray Affair. 9.D. SPECIAL EVENT REQUEST/DELRAY AFFAIR 5K RUN: Consider a request from the Chamber of Commerce for special event approval for the 3rd Annual Delray Affair 5K Run & Health Walk to be held on Saturday, April 21, 2001. Robert A. Barcinski, Assistant City Manager, presented an overview of the request. He recommended approval, subject to splitting the overtime costs 50/50 with a cap of $1,000.00 and contingent on receipt of a certificate of insurance and hold harmless agreement. Mrs. Archer moved to approve the special event request for the 2001 Delray Affair 01-16-01 5K Run subject to the staff recommendation. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. AMENDMENT TO STANDARD PARKING LICENSE AGREEMENT: Consider approval of proposed penalties for violation of the standard valet parking license agreement. Robert A. Barcinski, Assistant City Manager, explained that the current parking license agreement for valet parking contains a termination clause whereby the agreement could be terminated by the City Manager for any violation. In practice, however, when a violation is noted by the Police Department, a letter has been sent requiring correction of the violation within a certain time period as opposed to immediate termination. From time to time a valet company working for the licensee will violate certain sections of the agreement, primarily those related to parking and use of the queues. The Parking Management Advisory Board, along with Police representatives, considered this matter and recommended that a progressive fine system be put in place to encourage compliance as opposed to automatically terminating an agreement for any violation. The proposed amendment would impose fines for (1) valet parking in public parking spaces both on street and in lots, (2) valet parking in the designated queue area, and (3) for expanding the approved queue area. The recommended schedule of fines would start with a warning and progress to termination on the fourth (4th) violation within the one year term of the agreement. The penalties would apply to the holder of the agreement and not to the valet service. Mr. Schwartz moved to approve the amended Parking License Agreement, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9oF. REQUEST TO EXTEND SANDOWAY PARKING LOT CLOSING TIME: Consider extending the closing time for the Sandoway parking lot from 8:00 p.m. until 9:00 p.m. during the season. Robert A. Barcinski, Assistant City Manager, stated that staff has been conducting random surveys of parking along A1A and the beach parking lots pursuant to Commission direction at the August 1, 2000 regular meeting. The surveys started at the end of September 2000 and will continue through the end of the season. The survey was segregated into various segments along A1A to reflect vacant spaces and also includes the number of cars parked in various beach lots on random dates and times. He discussed the trends reflected in the surveys which showed few, if any, spaces available on A1A south of Atlantic Avenue to Ingraham Avenue, fewer spaces available on A1A at night after 8:00 p.m. and when it was not cold out, fewer spaces available in general after about the middle of November, and that the daytime counts reflect a higher number of vacant spaces on A1A when all lots are open. Mr. Barcinski continued that the Parking Management Advisory Board reviewed the data at a special meeting earlier today and voted 7 to 1 to recommend that the closing time for the Sandoway parking lot be extended to 9:00 p.m. through season (April 30th). At the end of the season, additional data would be compiled and brought back to the City Commission for further evaluation. 01-16-01 Mr. Schwartz moved to approve extending the closing time for the Sandoway parking lot from 8:00 p.m. to 9:00 p.m. through the end of the winter season (April 30th), seconded by Mr. Perlman. Prior to roll call, Commissioner McCarthy commented that she had been contacted by two residents of the neighboring Ocean Place condominium (Sally Williams and Margaret Comstock) who indicated to her that they were opposed to extending the closing time for the Sandoway lot. Commissioner Perlman commented that he felt the 9:00 p.m. closing time until April 30, 2001 for evaluation purposes was a reasonable request, although he would not support a later closing time. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.G. KLASFELD V. CITY OF DELRAY BEACH: Consider an offer from Plaintiff to satisfy nuisance abatement liens upon certain property. The City Attorney recommends denial of the offer. The City Attorney stated that a letter offer had been received from Plaintiff's counsel offering to pay the City $425 in satisfaction of the fourteen (14) liens against the subject property. This amount is $39.00 less than the City's actual costs in abating the nuisances and does not include any administrative fee to the City or interest upon the liens. Mr. Schwartz moved to DENY the offer of settlement in the referenced matter, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint two citizen-at-large representatives to the Parking Management Advisory Board for two year terms ending January 31, 2003. The appointments will be made by Mayor Schmidt (Seat #5) and Commissioner Perlman (Seat #1). Mayor Schmidt stated that he wished to reappoint Bernard Dahlem as a citizen-at- large representative on the Parking Management Advisory Board for a two year term ending January 31, 2003. Mr. Schwartz so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Commissioner Perlman moved to reappoint Randy Straghn as a citizen-at-large representative on the Parking Management Advisory Board for a two year term ending January 31, 2003. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; 10- 01-16-01 Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.I. REQUEST FOR FUNDING/EPOCH'S SPADY MUSEUM PROJECT: Consider a request from EPOCH (Expanding & Preserving Our Cultural Heritage, Inc.) for funding in the amount of $57,000 as an interest-free loan to be paid back within a two year period, to pay the balance of EPOCH's commitment to the Spady Museum project. (BY ADDENDUM) Mayor Schmidt stated that he was contacted last week by Vera Farrington and Elaine Woods, EPOCH's new Executive Director, about a shortfall in their fundraising efforts for EPOCH's commitment to the building renovation for the Spady Museum project. Their request is for the Commission to consider loaning them that shortfall, which is in the amount of $57,000 for a two year period on an interest-free basis. Elaine Woods, Executive Director of EPOCH, discussed with the City Commission her plans for fundraising activities in order to raise the necessary funds to repay the City for the loan and to get back on track with the Spady Museum. In addition, Ms. Woods stated that she planned to pursue an aggressive membership campaign, corporate and private donations. The projected repayment schedule is as follows: first installment of $15,000 due December 31, 2001; second installment of $15,000 due May 30, 2002; final payment of $27,000 due December 31, 2002. On question from Mayor Schmidt, the City Manager stated that funding for the loan would be available from projected surplus for the current year. Mr. Schwartz moved to approve funding in the amount of $57,000 as an interest-free loan to be paid back within a two year period, to pay the balance of EPOCH's commitment to the Spady Museum project. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Heatings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 3-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations by placing a moratorium on business uses as defined herein opened for business at any time between the hours of 12:00 midnight and 5:00 a.m. for a period of six months from the date of adoption of this ordinance in the General Commercial zoning district and the Central Business District within the Downtown Development Authority area. If passed, a second public hearing will be scheduled for February 6, 2001. The City Manager presented Ordinance No. 3-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF 11- 01-16-01 ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), (C), (D) AND (G), AND BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTIONS 4.4.13(B), (C) AND (D) WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA AS MORE PARTICULARLY DESCRIBED HEREIN, BY PLACING A MORATORIUM ON BUSINESS USES OPENED FOR BUSINESS AT ANY TIME BETWEEN THE HOURS OF 12:00 MIDNIGHT AND 5:00 A.M. AND AS FURTHER DEFINED HEREIN, FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE IN THE GENERAL COMMERCIAL (GC) DISTRICT AND THE CENTRAL BUSINESS (CBD) DISTRICT WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated that the six month moratorium would prohibit the establishment of new businesses having operating hours between 12:00 midnight and 5:00 a.m., and would also prohibit existing businesses which currently do not operate during these hours from extending their hours of operation during this time period. The ordinance would apply within the General Commercial zoning district and the Central Business District within the Downtown Development Authority area. The ordinance would not affect any existing businesses that currently operate between these hours, and provides an exemption for hotels, motels, office uses, restaurants and cocktail lounges. Mr. Dorling continued that the West Atlantic Redevelopment Coalition (WARC), the Community Redevelopment Agency (CRA) and the Downtown Merchants Association (DMA) Board had all reviewed the proposed ordinance and recommended approval. The Downtown Development Authority considered a moratorium on convenience stores at their December 2000 meeting and recommended approval. Since that time, the language has been expanded to 24-hour businesses and the revision will be reconsidered by the DDA on January 17, 2001. The Downtown Business Merchants Association (DMAD) will also consider the moratorium on January 17, 2001. In December, 2000, the Planning and Zoning held a public hearing on the proposal for a six month moratorium on 24-hour convenience stores. During the meeting the Board expanded its discussion to 24-hour businesses, a concept that they endorsed. However, the Board's formal recommendation was limited to approval of the six month moratorium for 24-hour convenience stores. The Planning and Zoning Board will reconsider the moratorium for 24-hour businesses on January 22, 2001. All recommendations will be reported to the City Commission at or before second reading of the proposed ordinance. 12- 01-16-01 Commissioner Perlman asked why the proposed ordinance had been broadened to address "24-hour businesses" if the intent was to work on convenience stores? He asked if there was a state definition for "convenience store" and if it would not be preferable to use that language instead? Mr. Dorling stated that the West Atlantic Redevelopment Coalition, where the proposed ordinance originated, had a concern that if the moratorium was limited to just convenience stores, that a convenience store would somehow be able to call itself something else and get around the ordinance, so they wanted it expanded to 24-hour businesses. Commissioner Perlman expressed concem that certain types of uses, such as call centers and e-commerce, could be adversely impacted by a moratorium on "24-hour businesses". Mr. Dorling stated that the zoning code would consider those uses as office uses, and that the proposed ordinance includes an exemption for office uses. He noted that this exemption was added in direct response to concerns by the Chamber of Commerce that we would not want to exclude those types of uses. Commissioner Perlman commented that he was not comfortable with using the broader language for the moratorium as opposed to just convenience stores. He felt it would be preferable to go with the state definition of convenience store instead of having to worry about how the broader language might be interpreted by the business community. The City Attorney noted that the statutory definition of"convenience store" exempts out certain things that the City might consider to be a convenience store. The moratorium ordinance was originally dra~ed with only convenience store uses, but the Police Department wanted it to be somewhat broader so that other 24-hour businesses could be looked at also, except for the uses that are totally exempted from the ordinance. The City Manager commented that "laundromats" had also been mentioned as a concern, where somebody might want to open up a 24-hour laundromat. There are some other types of businesses that could be a source of problems, and the intent is to allow some time to study the whole issue. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. Speaking from the audience was the following: Frank Wheah Chairman of the Downtown Development Authority, stated that the entire DDA Board was in full support of the six month moratorium on 24-hour businesses, and that a letter confirming this position had been forwarded to the City. There being no one else from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 3-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. 13- 01-16-01 Perlman - No; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 1 vote. 10.B. ORDINANCE NO. 4-01: An ordinance amending Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", of the Land Development Regulations by increasing the parking requirement for restaurants in the original Downtown Development Authority area. If passed, a second public hearing will be scheduled for February 6, 2001. The City Manager presented Ordinance No. 4-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS BY AMENDING SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO INCREASE THE PARKING REQUIREMENT FOR RESTAURANTS IN THE ORIGINAL DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated that the proposed change is to increase the parking requirement from one space per 300 square feet of floor area to six (6) spaces per 1,000 square feet, or an increase of 2.67 spaces per 1,000 square feet. The proposed text amendment was generated by a recommendation from the Parking Management Advisory Board. The Downtown Development Authority, the West Atlantic Redevelopment Coalition and the Community Redevelopment Agency all reviewed the change and recommended approval. The Planning and Zoning Board considered the text amendment at a public hearing on November 20, 2000, and voted 5 to 1 to recommend that it be approved. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 4-01 on FIRST Reading, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 14- 01-16-01 Commissioner McCarthy commented for the record that this ordinance will only apply to new or increased restaurant space in the original Downtown Development Authority area. It will not do anything to discourage the growth and redevelopment of those areas of the City that are targeted for redevelopment. 10.C. ORDINANCE NO. 5-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Sections 4.4.13(G) and 4.4.24(G) of the Land Development Regulations by deleting the one time one space parking reduction within the Central Business District (CBD) and the Old School Square Historic Arts District (OSSHAD). If passed, a second public hearing will be scheduled for February 6, 2001. The City Manager presented Ordinance No. 5-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (O$SHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY DELETING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated that when the Commission reviewed this proposal at the January 9th workshop, it was the consensus not to support the complete elimination of the one time one space parking reduction as proposed in Ordinance No. 5-01. It was felt that eliminating this provision could have an adverse impact on smaller, "Mom & Pop" type operations that might want to locate in the CBD or OSSHAD districts. Instead, the Commission gave direction to allow for a one space parking exemption in those instances where either new development, expansion of an existing use or a change in use resulted in the requirement of only one new parking space. If more than one parking space was required, no exemption would be allowed and parking would have to be provided in order for the development to occur. In response to that direction, staff drafted Ordinance No. 6-01 which is proposed this evening for Commission review. Mr. Dorling stated that if the substitute ordinance (6-01) accurately reflected the Commission's direction, staff would proceed with advertising it for formal consideration on first reading and at a first public hearing on February 6, 2001. 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. 15- 01-16-01 Mayor Schmidt declared the public hearing open. Speaking from the audience was the following: Frank Wheat~ Vice-Chairman of the Parking Management Advisory Board~ stated that the Parking Board favored the proposed ordinance as it was originally written. However, at a special meeting held earlier today, the Board reviewed the substitute ordinance and voted to recommend it's approval as it accomplishes what the Board wants to see done in the affected areas. There being no one else who wished to speak on this item, the public hearing was closed. Ms. McCarthy moved to DENY Ordinance No. 5-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.C.1. Review of proposed Ordinance No. 6-01 (modified ordinance re one time one space parking reduction as discussed at the January 9th workshop). The City Manager presented Ordinance No. 6-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Upon discussion, it was the consensus of the City Commission that substitute Ordinance No. 6-01 accurately reflected the direction given at the January 9th workshop, with further direction to proceed with advertising the ordinance for First Reading/First Public Hearing on February 6, 2001. 10.D. ORDINANCE NO. 1-01: An ordinance providing for a referendum to be held on March 13,2001, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of part of the current Library property located at 29 S.E. 4th Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a 16- 01-16-01 public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 1-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT AND PERMISSION FOR THE RELEASE OF ANY DEED RESTRICTIONS AND FOR THE TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. Speaking from the audience were the following: Kevin Warner~ 248 Venetian Drive, stated that while he felt the proposed referendum was a good idea, he also felt that language should be added to it so that the issue would be presented in a clear manner. He suggested that some background be provided to the voters so that they might better understand what the need is and why the question is on the ballot. He could see where someone who is not familiar with the issue might have questions or be confused if they do not have the right information. For the record, the City Attorney stated that the City is constrained by state statute as to the number of words that can be contained in the actual ballot question. By statute, only 75 words are allowed; the question as proposed contains 71 words. Notwithstanding this, the City can certainly pursue educational efforts to better inform the voters. Alice Finsh 707 Place Tavant, asked for an explanation in layman's terms as to what is involved with the referendum, if it is tied into some kind of three-way land trade, and what will happen if it is approved or not approved? 17- 01-16-01 Mayor Schmidt responded that the present Library building is owned by the Library Association, but the property that it is built on is owned by the City. When the land was given to the City, there was a deed restriction on a portion of the property that restricted it's use for municipal purposes. That deed restriction can only be released by an affirmative vote of the citizens of Delray Beach, and that is why it has to go to a referendum for approval by the voters. Assuming the referendum is approved, the present plan is that the land would be swapped by the City with the Community Redevelopment Agency and the Library Association would give the building to the CRA in exchange for the Library Association getting land next to the Courthouse on West Atlantic Avenue to build a new library building. The City would receive the CRA parking lots on the east side ofN.E. 1st Avenue which Old School Square hopes to use for it's expansion. At this point, Diane Dominguez, Executive Director of the Community Redevelopment Agency, commented that she felt the CRA Board's position was that the swap would only involve the CRA property on West Atlantic Avenue (Discount Auto/Kwik Stop) for the Library building and property. The CRA Board sees the expansion of Old School Square as something completely separate from the Library transaction. The City Manager commented that the Library building and the land that it sits on are worth considerably more than what the Library would be getting on West Atlantic Avenue. He felt that the whole thing would need to be examined further if the CRA's position is as stated by Ms. Dominguez. If that were the case, what would the City be getting out of the deal? John Callahan, Director of the Delra¥ Beach Public Library, acknowledged that this is a very complicated issue and stated that the Library Board would do it's best to get out an informational campaign over the next couple of months in an effort to explain the situation, assuming the ordinance were to be approved this evening. The proposed referendum, if approved, would clear up the deed restriction and allow the Library to expand in the future and be able to meet the needs of the public. He felt that the terms of any potential land transactions were obviously subject to more discussion, but the immediate need was for passage of the ordinance to open the door to allow the land to be traded and the property to be redeveloped in the future. If for some reason the deal for the land on West Atlantic Avenue were to fall through, the Library Board still needs this issue to be passed so that other options could be pursued. Until the deed restriction is removed, the Library Board is pretty much stymied in any expansion effort. It is not feasible nor cost effective to attempt any further expansion on the current site, and that is why the Library Board is seeking the City's support in allowing the issue to go to the voters. Gerald Franciosa~ 939 Eve Street, commented that he was somewhat suspicious when there is a deed restriction from 1936 that the property has to be used for municipal purposes and now the City wants to have that restriction lifted. He asked what the City would do with the property, and also questioned if the Library would want to locate to the West Atlantic Avenue site as it was his understanding that this is the highest crime district in the city. In response, Commissioner McCarthy stated that this proposal has been on the table as part of the redevelopment of West Atlantic Avenue for some time; it is not a new project. She emphasized to Mr. Franciosa that the perception that it would be unsafe to have a public facility in this location is, hopefully, outdated. Much time and effort has gone into making the whole city a 18- 01-16-01 safe community, and that is why the City continues to move forward with enhancing all of the neighborhoods, so that if these perceptions are still out there, they can be changed. Jon Levinson~ 943 Evergreen Drive, spoke in support of the proposed referendum as he felt it was a very important issue for the City. It would be a significant psychological as well as physical benefit to the community to put the Library right in the dead center of town where it would draw people from both the east and west to that focal point. The first step in making everything come together is to get the deed restriction lifted. Once that is done, then the City, the CRA and the Library need to get together to work out the details and negotiate a fair deal. Mr. Levinson also commented that he felt it would be important to get an educational effort underway to explain the referendum to the voters and encourage them to get out the vote. There being no one else who wished to speak on this item, the public hearing was closed. Mr. Peflman moved to approve Ordinance No. 1-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.D.1. Election to be Ordinance No. RESOLUTION NO. 6-01: Consider approval of a resolution calling for a Special held on March 13, 2001, to provide for a referendum on the question set forth in 1-01. The caption of Resolution No. 6-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON MARCH 13, 2001, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO. 1-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 6-01 is on file in the City Clerk's office.) Mr. Schwartz moved to approve Resolution No. 6-01, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 2-01: An ordinance amending Section 4.6.17, "Erosion, Soil, and Dust Control", and Section 6.1.9, "Drainage Systems", of the Land Development Regulations of the City of Delray Beach to adopt pollution control standards in accordance with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements. 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. 19- 01-16-01 The City Manager presented Ordinance No. 2-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.17, "EROSION, SOIL, AND DUST CONTROL", TO ADOPT POLLUTION CONTROL STANDARDS IN ACCORDANCE WITH THE ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS; AMENDING SECTION 6.1.9, "DRAINAGE SYSTEMS", BY ENACTING A NEW SUBSECTION 6.1.9(J) TO PROVIDE FOR REQUIRED ANNUAL INSPECTIONS OF STORMWATER MANAGEMENT SYSTEMS BY THE OWNER OR RESPONSIBLE ENTITY OF ANY LAND DEVELOPMENT OR REDEVELOPMENT THAT DISCHARGES DIRECTLY OR INDIRECTLY TO A MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. (Commissioner McCarthy left the room at this time.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to speak on this item, the public hearing was closed. Mr. Peflman moved to approve Ordinance No. 2-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. (Commissioner McCarthy returned to the dais.) 10.F. PROPERTY TRANSFER TO PALM BEACH COUNTY: Consider approval of three quit claim deeds transferring certain property located at or near the intersection of Lake/da Road and Barwick Road from the City to Palm Beach County for the proposed expansion of Lake Ida Road. Richard Hasko, Director of Environmental Services, explained that this item is necessary in order to grant Palm Beach County the required right-of-way that they need for the - 20 - 01-16-01 proposed road widening. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public heating open. Them being no one who wished to speak on this item, the public hearing was closed. Mr. Schwartz moved to approve the three quit claim deeds transferring certain property from the City to Palm Beach County for the proposed expansion of Lake Ida Road. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.F. 1. TEMPORARY CONSTRUCTION EASEMENT: Consider approval of a temporary construction easement from the City to the County over property located at the intersection of Lake Ida Road and Barwick Road, associated with the road widening project. Richard Hasko, Director of Environmental Services, stated that the temporary construction easement would allow the County access on to the adjacent properties for purposes of actually performing the construction work. He noted that the intent was to have the temporary easement extend the entire length of the right-of-way that is being conveyed to the County. The actual legal description in this temporary construction easement only extends it a certain distance, and so another temporary construction easement will be brought forward in the future for property along the balance of the right-of-way. Mr. Schwartz moved to approve the temporary construction easement, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. ll.A. CiW Manager's response to prior public comments and inquiries. In response to Mr. Franciosa's concem about off-premises signage in Tropic Isle, the City Manager stated that the Code Enforcement Division will contact him concerning the City's regulations on this type of signage. Code Enforcement personnel have monitored and will continue to monitor the Tropic Isle area, both during regular work hours and on weekends. At one time off- premises real estate signs were prevalent, but recently the number found has dwindled to three or four. Code Enforcement personnel have explained to the local real estate offices that off-premises signs are not permitted and that Code Enforcement officers regularly pick up such signs. The City Manager continued that the City Engineer spoke to Mr. Franciosa about unpaved streets within the City. He explained that any unpaved street having a residence on it - 21 - 01-16-01 would be paved as part of the 2000 Roadway Bond program. The streets Mr. Franciosa was interested in were Frederick Boulevard which will be paved as part of the bond program, and Avenue "H" which will not be paved. In response to the concern expressed about some of the people hanging out at Veterans Park, the City Manager stated that Veterans Park has been one of the initiatives in District One of the Police Department for the past two years. Numerous extra patrols have been conducted and documented on all three shifts. Since 1998, based on arrests and crime statistics for this location, there appears to be a decrease in homeless and vagrant activity. However, it is difficult to quantify the decrease based on arrests alone. The law is very specific about enforcement and homeless individuals as it relates to First Amendment rights in public parks. Lawsuits have been filed on behalf of homeless individuals against law enforcement agencies for violation of Constitutional rights in both Miami and Orlando. Officers in Delray Beach are aware of their limitations when asked to enforce trespass laws in city parks. The Police Department has offered several suggestions to Parks and Recreation officials to reduce the attractiveness of the park in certain areas to vagrants. In summary, if state laws or city ordinances are being violated, the appropriate action is taken. District One officers will continue with the efforts to make Veterans Park a safe place for all of our citizens. In response to the concem expressed by Mr. Van Gemert regarding distribution of newspapers in the rights-of-way and swales, the City Manager stated that the Courts have held that First Amendment protection extends to the means of distribution as well as to the content of newspapers. However, municipalities may impose reasonable time, place and manner restrictions if the restrictions are content-neutral on the distribution of newspapers and if the restrictions are narrowly drawn without unnecessary interference with First Amendment freedoms, and if the restrictions allow for reasonable alternative chance of communication [Miami Herald Publishing v. the City of Hallandale, & Gold Coast Publications v Corrigan]. The City's current ordinance at Chapter 118 of the code is a reasonable time, place and manner restriction and is nan'owly drawn. "Narrowly tailored" or "narrowly drawn" means the ordinance or regulation must not be broader than necessary to accomplish the purpose for which the ordinance was enacted. The City's ordinance provides that it is a violation of the City code if distributors fail to stop delivery within three (3) days after written notice is received by the publisher or distributor to stop distribution. The City's ordinance is constitutional because it does not provide for a total ban, but is particularized to those that request that distribution cease. In response to the complaint from Mr. Blake regarding different kinds of activities of a criminal nature at Delray Estates, the City Manager stated that at the present time there are 19 Police officer vacancies, not 30 as Mr. Blake had indicated. While this number is significant, the Police Department is able to maintain service through elimination of some activities and the use of overtime. The City Manager then relayed a report from the Police Department as to the suspected criminal activites reported by Mr. Blake, their follow-up, investigation and conclusion. - 22 - 01-16-01 11.B. From the Public. ll.B.1. Jay Gordon, 4101 Satin Leaf Court, stated that his speaking to the Commission on behalf of the tennis community for the third time in as many meetings is an indication that Mr. Dubin is not fulfilling the terms of his contract. The petition signed by some 85 tennis players almost two years ago is further indication of his failure and a signal of how long this failure has been significant. Many players tried to work with Mr. Dubin for a year before the petition came about, and it was only after his failure to run the Tennis Center even close to okay that they drew up the petition. Mr. Gordon noted that one of the items about the courts being slippery has been partly addressed by resurfacing four courts last year and four courts this year, but that was only one of the players' concerns. He felt that Mr. Dubin's proposal to form a committee to search for a Tennis Director was "preposterous, and tantamount to his own admission of failure. After five years of having the contract, the fact that he can't find a Tennis Director on his own that will work with him for any period of time is all you need to know. What else should he be doing but finding a Tennis Director for now two world class facilities here in Delray Beach, or what should be world class facilities." Mr. Gordon found it ironic that Mr. Dubin would not cooperate with the members in forming a tennis committee to deal with the day to day issues, but now forms a tennis committee to look for a Tennis Director. Mr. Gordon further stated that the last Tennis Director who quit about a month ago would probably come back to work right away if Mr. Dubin were no longer involved. Mr. Gordon also questioned the need for the formation of a task force to determine the direction of tennis in Delray or the use of the stadium. Again, he asked what Mr. Dubin has been doing for five years if not giving direction to the tennis community of Delray? Mr. Gordon continued by saying that he was gratified to see that the rusted-out light pole next to court #20 at Layer's (Delray Swim & Tennis Club) was finally removed, but questioned why it was out there for at least three months. He alerted the Mayor and another Commissioner to it last week, and it was gone a couple of days later. He also noted that there are 47 other poles on those ten courts that may or may not be rusted out. Mr. Gordon concluded by stating that he was gratified to see a free kids day announced for Delray, but felt that it might be due to his protests about expensive lessons. ll.B.2 Dino Moreno~ 102 N.E. 6th Avenue, stated that he owns several restaurants in Delray Beach and over the past ten years he has had approximately 60 burglaries of the restaurants in his area. Mr. Morcno expressed concern about the number of police officers in thc city and why so many of them have left the force to go elsewhere. He did not understand why Delray Beach has such a small amount of police officers, and very slow response. He stated that he had called 9-1-1 and it took about 25 minutes to get there from one block west [of Swinton Avenue]. Mr. Moreno commented that there is a construction site just across the street from his restaurants, and there are no officers around. He has called the Police Department and it takes them 25 minutes; he has called the Sheriff's Office and they arrive in 15 minutes. They are farther away and they come first. Mr. Moreno also stated that there arc no police officers in the station. Mr. Moreno commented that he pays a lot of taxes and he does not see a patrol car all day long. At 12:00 midnight hc sees a patrol car. His restaurant is on Federal Highway and he sees Sheriff's cars passing by all the time, but no Delray police cars. Mr. Moreno stated that he is not afraid for his life, but feels that the lack of Police presence makes it so people do not want to come to his restaurant. They arc on Atlantic Avenue and people feel safe there, but not one block north. He said that he spoke to about eight (8) officers in the past wcck and they all want to quit because they can get better from thc county or someplace else. Mr. Moreno concluded by saying that he needs support from thc Police in order to - 23 - 01-16-01 mn his businesses. ll.B.3. Sherrial Clark, 37 S.W. 13th Avenue, President of the Atlantic Park Gardens Association, presented several requests from the neighborhood association. First, complaints have been received from the residents about trash being left out by the bus stop at the comer of S.W. 2nd Street and S.W. 12th Avenue. It is a busy intersection and trash is often left along both sides of the bus stop. Mr. Clark asked if it would be possible to get some trash cans put out there as this would help to clean up the area. Mr. Clark asked if the City could look into having the students moved from the intersection at S.W. 2na Street and S.W. 12th Avenue because it is a very busy area in terms of traffic. Mr. Clark continued that there are a great many vacant lots in the neighborhood and asked about the possibility of converting one or more of those lots into a playground area for neighborhood children who are not able to get over to Pompey Park. Mr. Clark commented that property values in the neighborhood have increased in the past year because of new construction, and the residents would like to see them increase even more. The big issue they have is with absentee owners, and he gave an example of a problem area being in the second block of 12th and 14th Avenues where there are a lot of apartments. Mr. Clark asked if they could get some help with putting out some type of notification in plain and simple terms to those absentee owners that they need to keep their properties up, or just to the tenants that even though they are renting, they can still take care of the place. Mr. Clark concluded by saying that the new construction has been good, but the area also needs to be upgraded in terms of plumbing (water lines) and the sewer system because when the newer homes are watering their lawns, the pressure drops sharply. ll.B.4. Cynthia Ridle¥, 137 S.W. 12th Avenue~ stated that she is currently the Chairperson of Community Chat. She briefly discussed the history of Community Chat as a group of concerned citizens who came together several years ago to develop a community plan for the southwest section of Delray Beach. Many good ideas came out of the process, with one of the biggest accomplishments being the Village Academy. Ms. Ridley commented that an upcoming event called the Community Unity Dinner will be held on Thursday, January 25, 2001 at the Delray Municipal Golf Course. ll.B.5. Alice Finst~ 707 Place Tavant, expressed concern about the type of development that she is seeing in Delray Beach. She specifically referred to the buildings just north of Atlantic Avenue between north and southbound Federal Highways (the Republic Security Bank site), and to the five-story, yellow bank or office building next to the railroad tracks just south of Atlantic Avenue. Mrs. Finst complained that the City code would allow such drastic and out of proportion buildings to be constructed, and suggested that the code be looked at so that having more of these buildings can be avoided in the future. - 24 - 01-16-01 Mrs. Finst commented that the wall that has been constructed at the Community Child Care Center runs right up to the sidewalk, and she felt that this was something that needs to be looked at as well. She understood that if you look at the wall side as the rear of the property, it is probably allowed as far as the code is concerned. But as far as aesthetics and proportion, she questioned why the wall was allowed to mn that close to the street? Mrs. Finst then commented on the traffic lines that have not been put in place on Lake Ida Road. She noted that Lake Ida Road was repaved back in November because of the widening that will soon be underway. However, they have yet to complete the lane striping and at night it is very difficult to see any kind of markers in the street coming up (north on) Congress Avenue and turning left onto Lake Ida Road. Mrs. Finst asked that the County be contacted to get the traffic lanes properly striped on Lake Ida Road so they can be seen at night, and suggested that perhaps some lighting at the intersection would also be helpful. ll.B.6. John Bennett~ 137 Seabreeze Avenue~ commented that last March about the last thing the previous Commission did was to call a special meeting at which they approved a salvage agreement with an unknown person for exploration of an unstated piece of City property east of the Intracoastal Waterway. Mr. Bennett stated that he would like to know who the person was the City contracted with, where the property was, what the person expected to find, and did the City get anything out of it? He continued that the backup material indicated that the individual had done a test bore two days before the Commission's special meeting. Mr. Bennett asked if that was done with anyone's authority from the City or did the person just go on City property and do it? Mr. Bennett then inquired about the status of sidewalk deferral agreements. He noted that in October, 2000, one was approved for the Church of God by Faith, and in the backup material it said that the staff recommended approval even though the City no longer accepted these agreements. Mr. Bennett asked when this policy was adopted, if indeed a policy had been adopted? ll.B.7. John Engels, 1781A San Jose Drive, reviewed his professional credentials and achievements, noting that he has many business and social relationships in Delray Beach. Mr. Engels then relayed to the Commission his impression of the management at the Tennis Center. He was contacted by Mr. Dubin in March 2000 and asked to help out because the Tennis Director at that time was quitting. Mr. Engels stated, "Over the next nine months I have never seen a more degrading and dyslexic management style. I saw more employees come and go than I've ever seen anywhere. Not once did Mr. Dubin walk out on the courts to watch any of the teaching or social programs. I received no salary, no insurance benefits, nothing but a percentage of my lessons. I took five days off in nine months. Three days before this last Thanksgiving I was unceremoniously told that I was terminated and that he had nothing further to say to me. He stared at me and I got up and walked out of the tennis center." Mr. Engels stated that he was telling this to the Commission because he would like to open further discussion with them, either one at a time or as a group. In addition, he found it very upsetting that Mr. Dubin would say at a public meeting that he thought his naysayers should be investigated. Mr. Engels felt this was a slap in the face to a lot of the members of the community. ll.B.8. Gerald Franciosa~ 939 Eve Street, thanked the City Manager for his responses to his previous inquiries. However, he would still like to know if there is an ordinance in the City to 25- 01-16-01 pave all City streets and has it been budgeted, whether it be land that is undeveloped and the street is not paved. If Delray Beach wants to consider itself to be an All America City, he felt that all of the streets should be paved. Mr. Franciosa then asked if it was legal for a private citizen to take someone's signs off of a right-of-way when they don't belong there? Does that person have the right to do that? Mr. Franciosa then commented on what he felt were too many homeless people walking around the City with shopping carts. He was not concerned from the standpoint of law enforcement and the fact that these people have rights, but felt that as an All America City, Delray Beach should have some kind of program to take care of these people. Mr. Franciosa commented on the Police Department and his feeling that they do not respond to calls. He stated that a boat was broken into at Veterans Park over the weekend, and when the owner called for an officer, no one ever came. The Police Department said to make a report by telephone. Mr. Franciosa urged the City Commission to work on this problem because having a strong Police Department that responds to the community is important. ll.B.9. Richard Van Gemerh 912 Eve Street, Vice-President of the Tropic Isle Civic Association, commented on the agreement between the City and Tropic Isle that was fashioned tct settle a lawsuit with regard to dredging the canals in Tropic Isle. In view of the fact that the project is winding down, an issue has arisen as to who is going to conduct a final survey of the canals that have been dredged to insure that the work was done to the specifications in the agreement. Mr. Van Gemert stated that he had discussed this with the City Manager and was told that the firm of Coastal Planning & Engineering would be used to do the final survey. The Tropic Isle Civic Association vehemently objects to this because Coastal Planning & Engineering was the firm the City used to do the original survey and they grossly underestimated the amount of material that needed to be removed from the canals. Mr. Van Gemert claimed that they had estimated some 2,000 cubic yards while the actual amount of dredged material was 12,000 cubic yards, some 400% more material to be removed from the canals than what Coastal had originally estimated. He felt that this indicated they are inadequate to the task of determining whether or not the canals have been dredged to the specifications. What the Board of the Tropic Isle Civic Association would like to see is that the Commission allow them to meet with City staff to select another firm to conduct the final survey, a firm that both parties would be comfortable with. 12. FIRST READINGS: None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. Ci.ty Manager. In response to Commissioner Archer's inquiry about the City's tree protection ordinance, the City Manager stated that he would be sending a copy of Nancy Davila's (City Horticulturist) comments to the City Commission. Essentially, if the Commission wants to do something more in terms of regulating it, more staff would need to be added. The City cannot do more with the staff currently in place. The City Manager noted that one of the biggest problems is 26- 01-16-01 that when somebody hatracks a tree or trims it improperly, it becomes a code enforcement violation, but the damage is already done so it is not a very effective method of controlling the problem. 13.B. City Attorney. The City Attomey had no comments or inquiries. 13.C. 13.C.1. City Commission. Commissioner Archer had no comments or inquiries. 13.C.2. Commissioner Perlman, in reference to the comments made about the Police Department, stated that the City Commission takes this issue very seriously. He pointed to the recent actions the Commission has taken, including one that cost $350,000, to address the matter, albeit with the realization that those things were not going to be the answer to all of the problems. He noted that this is a very complex issue, but the Commission is keenly aware of it and the need to move rather quickly on it. With respect to the comments about an All America City, Commissioner Pedman commented that his understanding is that an All America City doesn't mean that you live in Nirvana or a perfect community. It means that you have a community that is trying to tackle its problems and that is what Delray Beach is doing. As for the homeless, Mr. Peflman acknowledged that this is a difficult issue and your heart goes out to these people. There are community resources, however, such as food pantries and a Caring Kitchen, which provide some services. He noted, too, that when someone proposed building a homeless shelter in town, the mere mention of it caused an uproar because people felt that if it was built it would attract additional homeless people to the area. Commissioner Perlman commented on how much he had enjoyed the Martin Luther King, Jr. Day festivities on Monday. The organizers did a great job. Commissioner Perlman acknowledged his Aunt, down from Brooklyn, New York, who was in the audience along with his Dad. 13.C.3. Mayor Schmidt commented that he had a meeting on Friday (January 19th) with the Operations Manager at Palm Beach International Airport to talk about the air traffic problems the City has been experiencing. Mayor Schmidt also commented that he did the ribbon-cutting this past Saturday for the Crane Apartments on Gleason Street. He urged everyone to stop by and take a tour of the property. The owners did a wonderful job of renovating the building and it is something that the City can be very proud of. 13.C.4. Commissioner McCarthy commented that she thoroughly enjoyed a very full day of activities on Martin Luther King, Jr. Day in Delray Beach. The number of people who participated from throughout the City was very encouraging. - 27 - 01-16-01 Commissioner McCarthy commented on how well EPOCH's Spady House Museum project is coming along and what a wonderful asset it will be by the time it is done. The museum and the history that is being documented and put in there is really outstanding. Commissioner McCarthy then commented that there is a monthly tennis news magazine that come out, and in the January issue, Pompey Park was mentioned in a full page article because there are some top-seeded youngsters playing tennis at that facility. She indicated she would bring the article in to the City so that more people might be made aware of the great things that are happening at Pompey Park right around the comer. 13.C.5. Commissioner Schwartz stated that he, too, would be attending the meeting at Palm Beach International Airport with the Mayor on Friday. On question from Commissioner Schwartz, the City Manager stated that the business plan was distributed to the Commission this evening at Mr. Dubin's request for review and information purposes. Commissioner Schwartz asked if any progress had been made in getting some bus shelters built in the City? The City Manager responded that staff is continuing to work on this through the Metropolitan Planning Organization (MPO) and that, hopefully, before the year is out we will either have some bus shelters or at least be in line to get some built. Commissioner Schwartz commented that he had made several trips to the Delray Swim & Tennis Club recently and felt that it was in need of a fair amount of housekeeping. He saw a lot of trash, broken glass and that sort of thing, and felt strongly that the facility needs to be cleaned up. Since it is a part of the City now, the residents are entitled to a respectable, clean and safe environment. 8:50 p.m. There being no further business, the meeting was adjourned by Mayor Schmidt at ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the January 16, 2001 City Commission Regular Meeting, 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. - 28 - 01-16-01 WHEREAS, the Delray Rocks Football Program is sponsored by the Delray Beach Parks and Recreation Department and the players and cheerleaders proudly represent the C~ty of Delray Beach; and WHEREAS, three teams advanced to the South Florida Youth Football League playoffs in the 2000 League Championship; and WHEREAS, the 75-pound team (Coach Gerrall Lewis) advanced to the third round of the South Florida Youth Football Championship at Westminster Academy on November 18, 2000, and was runner-up in the Sports Network International Competition held on November 23, 2000, in Daytona Beach, Florida; and WHEREAS, the 95-pound team (Coach Gene Tarver) advanced to the second round of the South Florida Youth Football League Championship and was runner-up in the Sports Network International Competition; and WHEREAS, the 120-pound team (Coach Walter Stephens) advanced to the second round of the South Florida Youth Football League Championship and was runner-up in the Sports Network International Competition; and WHEREAS, the 75-pound Cheerleadmg squad (Coaches DySonya Mitchell and Klm Phillips), the 120-pound Cheerleadmg squad (Coaches Joyce Neal and Brittany Stephens), and the 150-pound Cheerleadmg squad (Coaches Lori Johnson and Carolyn Parker-Ware) all received an EXCELLENT rating, and the 95-pound squad (Coaches Maria Jackson and Aloysia Baker) received a SUPERIOR rating at the South Florida Youth Football Cheerlea&ng Competition held at Lockhart Stachum m Fort Lauderdale on November 27, 2000; and WHEREAS, the 75-pound squad earned THIRD PLA CE m three categories (Spirit, Cheer & Dance), the 95-pound squad earned THIRDPLACE m Cheer and Pyrarmd, and the 120-pound squad earned THIRD PLACE ~n Cheer at the Sports Network International Cheerleading Competkion held on November 23, 2000 in Daytona Beach; and WHEREAS, the parents, friends and cheerleaders of the Delray Rocks represented the C~ty of Delray Beach in outstanding fasNon in support of the accomphshments of these young men and women and their coaches. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby prodama the Delray Rocks and Cheerleaders to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF GC~D WILL AND SPORTSMANSHIP FOR THE CITY OF DELRAY BEACH, FLORIDA" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Flonda, to be affixed this 6th day of February, 2001. DAVID W. SCHMIDT MAYOR AGENDA ITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: Jan. 29, 2001 XX Regular Agenda When: February 6, 2001 Description ofagendaitem: cheerleading squads and Football Championship __SpecialAgenda __Workshop Agenda Proclamation honoring Delray Rocks Football and their participation in the South Florida Youth and the Sports Network International Competition. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO x NO x Recommendation: Approval, signing and issuing Proclamation. Determination of Consistency with nsive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: (~ C~ No Hold Unbh Agenda Coordinator Review: Received: Action: Approved (if applicable) Disapproved PROCLAMATION WHEREAS, the DELRAY ROCKS FOOTBALL Program is sponsored by the Delray Beach Parks and Recreation Department and the players and cheerleaders proudly represent the City of Delray Beach; and WHEREAS, three teams advanced to the South Florida Youth Football League playoffs in the League Championships; and WHEREAS, the 75 - pound team ( Coach Gerrall Lewis ) advanced to the third round of the South Florida Youth Football Championship at_Westminster Academy November 18th, 2000/and also were ~ in the Sports Network International Competition, held on November 23rd~ 2000, in Daytona Beach, Florida; and WHEREAS, the 95-pound team ( Coach Gene Tarver ) advanced to the second round of the South Florida Youth Football League Championship and was runner- up at the Sports Network International Competition, held on November 23rd/,4 2000, in Daytona Beach, Florida; and WHEREAS, the 120-pound team ( Coach Walter Stephens ) advanced to the second round of the South Florida Youth Football · . I, lV-~.~ - , . League ChampIonship and were ~ ~n the Sports Network International Competition, held on November 23r~.. 2000 in Daytona Beach, Florida; and WHEREAS, the 75-pound Cheerleading squad (Coaches DySonya Mitchell and Klm Phillips ) the 120-pound Cheerleading squad ( Coach Joyce Neal and Brittany Stephens ) the 150-pound Cheerleading squad ( Coaches Lori Johnson and Carolyn Parker- Ware) all received excellent rating, the 95 pound squad ( Coaches Maria Jackson and Aloysia Baker ) received a Superior rating at the South Florida Youth Football Cheerleading Competition, at Lockertt th Stadium in Ft. Lauderdale, 27 ', 2000.and the 75 pound received 3rd. · . ;~'~' place awards ~n three categones ~, cheer and dance ) the 95 pound squad received 3rd/,~d._n~ cheer and pyramid ) and the 120 F. squad received 3'~_in cheer, at the Sports Network Ir, . ~ational Cheerleading Competition, held on November 23'~,2000 in L, aytona Beach, Florida WHEREAS, the parents, fdends and cheerleaders of the Delray Rocks represented the City of Delray Beach in support of the accomplishments of these young men and women and their coaches. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the Delray Rocks and Cheerleaders to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS QF_GDOD WILLANDSPORTSMANSHIP FOR THE CITY OF DELRAY BEACH, FLORIDA" IN WITNESS WHERE OF, I have hereunto set my hand and caused the Official seal of the City of Delray Beach, Florida, to be affixed this (~ day of/~'~, 2001 WHEREAS, over the years Gene Tarver has been actively involved in his commumty, serving as a youth coach and volunteer for local baseball in the American and National Little Leagues; and WHEREAS, in 1985, Gene joined the Delray Rocks Youth Football Program as an assistant coach and became head coach of the 85-pound (currently the 95-pound) team in 1989; and WHEREAS, for over eleven years, Mr. Tarver has been a loyal, conscientious and extremely dechcated member of the Delray Rocks Youth Football Program; and WHEREAS, last year Gene Tarver lead his 95-pound team to win the 1999 Sports Nemork Inton, mo~ Con/muo2 m Daytona Beach, Florida; and WHEREAS, Gene Tarver has demonstrated a deep commitment to the entire Delray Beach community and ~ts youth over the past eleven years through his involvement with the Delray Rocks Youth Football Program and the Delray American and National Baseball L~tfle Leagues. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and all of the citizens of Delray Beach, do hereby recognize and commend GENE TARVER for has outstanding community service and comributions to the youth of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the C~ty of Delray Beach, Florida, to be affixed thas 6~h day of February, 2001. DAVID W. SCHMIDT MAYOR AGENDA ITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: January 29, 2001 XX Regular Agenda Special Agenda __ Workshop Agenda When: February 6, 2001 Description ofagendaitem: Proclamation commending Gene Tarver for his service and contributions to the community, particularly in Delray Rocks Youth Football and the Delray American and National Little Leagues. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO x NO x Recommendation: Approval, signing and issuing of Proclamation. Department Head Signature: Determination of Consistency wit omprehensiYe Plan: City Attorney Re¥iew/Recommendation {if applicable): Budget Director Re¥iew {required on all items in¥ol¥ing expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~ ff'~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved (if applicable) PROCLAMATION WHEREAS, over the years Gene Tarver has been actively involved in his community, serving as a youth coach and volunteer for local baseball in the American and National Little Leagues; and WHEREAS, in 1985 Gene joined the Delray Rocks Youth Football Program as an assistant coach and became Head Coach of the 851b. team in 1989; and WHEREAS, Mr. Tarver has been a loyal, conscientious and extremely dedicated membe, r of the Delray Rocks Youth Football Program; and WHEREAS, Gene Tarver won the 2000 Sports Network International National Championships in DaytOna Beach, Florida; and WHEREAS, Gene Tarver has demonstrated a deep commitment to the entire Delray Beach community and itayouth over the past eleven years through his involvement with the Delray Rocks Youth Football Program and the Delray American and National Baseball Little Leagues; NOW, THEREFORE, 1, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and all of the citizens of Delray Beach, do hereby recognize and commend GENE TAR VER for outstanding service and contributions to his community and the City of Delray Beach. 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 6th day of February 2001. WHEREAS, a Sister City relationship becomes official with a signing ceremony of the top- elected officials of the two jurisdictions following approval by the local city councils The City of Moshi, Tanzania and the City of Delray Beach, Florida entered into an agreement to establish a Sister City relations}up and the official charter from Sister Cities International was issued m January, 2000; and WHEREAS, the Sister City program serves as a long-term partnership between two commumnes m two countries. It ~s with enormous expectations that our two great cities desire to create a greater mutual understanding and personal relationships between our citizens; and WHEREAS, to that end, the City of Delray Beach, in our endeavor to share business, professional, educational, and cultural exchanges, is enthusmst~cally sending its First Delegation of GOODWILL AMBASSADORS to Moshi on February 9, 2001; and WHEREAS, on this auspidous occasion the City of Delray Beach wishes to thank the citizens of Moshi for this opportumty to share mformation and extends sincere appreciation for the gracious hosp~tahty extended to our delegataon Honorable Vice-Mayor Pamc~a Archer, and Regional Marketing Representative for Creditech of South Florida, Inc, Kjell Bergh, owner of Borton Volvo and recently appointed Honorary Consul for the Florida office of the Embassy of the Umted Republic of Tanzania, · Mafia Nhambu Bergh, founder of Aerobics With Soul, nanve of Tanzania, · nqDetenga n'Gummo, Environmental Compliance Manager and Manager of the Environmental Services Water Treatment Laboratory for the C~ty of Delray Beach, · Calowise n'Gununo, business owner of Calowise Cleaning, · Dale Briese, business owner of Personal Banking Services, Inc., and Chairperson of Leadership Delray Beach for the Chamber of Commerce, · Ngozi Mensah, Youth Program Administrator of Palm Beach County Sports Commission and Institute, · Charlotte G. Durante, Realtor & Insurance Agent, owner of Durante Realty and Durante Insurance Agency, and President of Delray Beach Sister Cities, Inc. NOW, THEREFORE, I DAVID W. SCHMIDT, HONORABLE MAYOR of the City of Delray Beach, Florida, on behalf of the City Commission and ag of the citizens of Delray Beach, do hereby send our best wishes for good health and fortune to ag of the citizens of Moshi, Tanzania, and extend our hands in friendship and peace. 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 6th day of February, 2001. DAVID W. SCHMIDT HONORABLE MAYOR honor to thc $iste~ City. affliat/on with Dehay Beach with the changing of the namc of omc of its main roads to the name of Florida Road. The offlcibl Delray Beach S~stcr C~t~e.~ I~rtion of)he )rip end on Friday, February 16th Some members o£ the delcg~tio~ have choscn to e×Iend their stay and travel )o other counmes in Africa to see some more si)es of flus culturally ~ich country. THE GOOD'~VILL AMBASSADORS FOR THE DELRAY BFACH 200l VI.~IT TO MOSHI. TANZANIA. EAST AFRICA Thc members of the Deh-ay Beach delegation are' -Pmricia Archer, Vwe Mayor of the C~ty of Delray Beach, Regional Marketing Representative for Creditech of South Florida, lnc -K jell Bergh, owner of Borton Volvo and recently appointed l lonomry Consul for the Florida office of the E]nbassy of the l.htited Republic of Tanzama -Mat ia Nhambu Bergh, founder of Aerobics With Soul, nattve of Tanzania, wffc of K jell Bergh -n'[)e~enga n'Gummo, Environmental Compliance Manager and manager of Ihe Environmantal Service Water Iestmg Laboratory for the City ofl)elray -Calowisc n'Ourumo, business owner of Calowise Cleaning; w/re of n'Detenga -Dale Br]ese, business owner of Personal Banking Services, Inc: Chairperson of' l~eadez shi p Delray Beach for fl)e Chamber of Commerce -NgoTi Mensah, Youth Program Administ~ato] for Palm Beach County Spo~ls Corn m issmn and Institute -Cha~ Iotte G Dmame, Realtor 8: Insurance Agent and owner of Dnrante Realty and Dm ante Insurance Agency; President of Deltay Beach Sister Cities, Inc. ~T~t~--2~--01 MOIq 11:51 ~M P.05 NEWS RELEASE D¢lray Beach $~ster Cities, Inc c/o £ iry of I')dray Be. ach 100 N W l>n Avenue De. lray Beach, FL 334-: :i ('o,,ac~ (. hartou¢ G t)u[an~e. President of Dehav Beach Sister Cities. lnc Phone 561-271-4545 Fax 561-495-8785 Dale 1/24101 DELRAY BEACH SISTER CITIES OFFICIAL VISIT TO MOSHI, TANZANIA 1~[ ~ R ,XY BL'A( Il. FLORIDA, USA - In 1956. President Dwight D Eisenhower initiated the Sister C:ty, County and State program lie introduced Il sho:tl¥ ~er WoHd war I[ ~th the intention and hope that a pmaple-m-people ClrlTCI1 diplomacy, fbstered through oSic~al sister cities a~afions, would promote ~iendship ~nd unde[standing bern een nanoos and lesseu file cl~ance offi~mre world coMicls 'Thc [)el~ay Beach S~ster Clues Committee was chartered in 1977 for the purpose of eslablishing an a I]] ~auon with M~yazu, Japan which is the hometown of the lale George Monkam~ for wllom ~he Mortkam~ Museum and Japanese Gardens is named which is located m Delray Beach. The fl icndship between Mivazu and Dehay Beach has proven to be very rewarding. 1999. I)t;lray Be. ach Sister C~t~es began it first quest to add another affllat]on with anolher cmm~ p,.' and selected Mosh], Tanzania, East Ail'ica as that c~tv. Moshi is the ~ntmicipality of Mt K~ltm:mla~o Thc s~ste~ cities process for the affliation v-as completeA m November of 1999 ami official charte,' fi'om Si~ter Cities lnternatmnal was ~ssue. A m January, 2000. Dclrav Beach Sister Cities immediately began a project with Moshi to assist with funds needed to renovate the hbrarv in Moshi The amount needed was $l 5,000 which Delray Beach raised with a Twlight Safari Dinner event held in July, 2000. Those funds have been sent to Moshi wa Ta,zama ^mba~ador Mustafii S Nyang'an)q to whom the check ~a-a.~ formally preseuted dur, ng h~s ~:s~t to Dehay Beach. Once the library renovation work is done, Delray Beach is planning a computer chat room between the youlhs of Delray Beach and Mosh~, Tanzania and M~yazu, Japau 'Flus is an exciting way to expand the student cultural exchange program between the s~ster c~nes. In 1998. Delray Beach began its student cultural exchange program wherein they ~end smden ts and receive students for vis~ts between them and its sister city in Miyazt,, Japan And in 1'099, Deh ay Beach started ~ts fi~ st busine,s exchange prog,'am and sent tbur delegates to ~lVd7ll In ~¢pt¢lnbcr~ 2000, afl¢~ file Delray Beach/Moshi Sister City. affliation, the United Republm of Tanzania opened an Embassy office in Florida and opened that office in Delray Beach which wdl further s~renghten fl}e bond beIweeu Moshi and Delray Beach On Fcb~ ua~¥ 9, ?001, an official Delray Beach, Flor/da delegation of eight people will travel to Moshs, Tanzania This is the first visit to Moshi since file official designation of ~heir S~ster Cmos aflhalion was established in 2000 Wi~h the overrall sister cities' nussion in mind, the Del ray 13each delegates hol.~ fi}at their x'lsi! is the beginning of an everlasting friend.qh~p and that ~t will foster greater understanding and many rewarding exi~nences bet~veen people of d~ fferent counlries and different cuhurcs. '1 he n,sston of the v~sit to Moshi xvill be to see an overview of the local government, business and t~ ade operalions, the educatwnal and library system,, community aetiv~ ties and commumty services, and - to notice where xv~thin those sn:uctutes future exchanges can match ~'esoutces, needs and people for partnerships for learmng and sharing, -to increase cross cultural understanding; -to i cl~ort back ~f there are economic and trade opportunities for business betwccu the s~tcr c~tles, 40 vis,t the Mosh~ librmy m~d gather Meas and useful ways to continue to develop the Id~rary project which Delray Beach bas adopted, -To ~ee ~fthere are way~ to further enhance cross cultural lhendshq~s and develop t, uoiectq involving both Moshi, Tanzania m~d Msyazu, Japan with I)elray Beach 'lhc Dct~ a) Beach delegation to MoshJ, Tai~zania will be leaving on Friday, FebruaD, 9th, a~r~ ~ng on thc night of Saturday, February 10th in the cotmtry of Tal~ania at its capitol city of Dar cc Salaam 'I hey w~ll have that first day, Smxday, February. 1 lth, to xecover fi'orajel lag and to do some sightseeing 'I he sightseeing will include a v~slt a visit to the Village Museum in Dar e~ Salaam where each Tanzanian tribe has exhibits representative of its culture. On Monday, Fcb~ umy 12th, the delegates unll mSlt with Tanzania govermnent dignatanes there at the cap~tol '1 la,r~, fi om Tucqday, FebruaL'y 13th to Friday, Febtxtary 16th, the delegates will be tn Moshi and w~ !1 mcct w~th ;4 various government officials, business people, students and a variety of people flora difl¢~cnt walks of life and see a variety of places. Some of the places they will v/sit, in add~ hon to ~lle Moshi Municipal Hall, will include the library, schools, Rau Forest Reserve, an o1-~ a~r market, the brewery, a bttq station, and other commmu .fy sites and to an area to get a great wew of Mt Kihmanjmo. A highlight of the trip will be the ceremony by Mosh} w show honor to the Sister City affimtmn with Delray Beach with the changing of the name of one of its sna~n roads to thc name of Florida Road. The official Delray Beach Sister C~ues lXmion of thc mpc nd o, [:riday.. February 16th Some members of the delegation have chosen to extend their stay amt ~ avel to other countries m Africa to see some more sites of this culturally ~ich country The eight members of the Deh'ay Beach delegation are. -Palrtcia Archer, Vice Mayor of the City of Deh'ay Beach; Regional Market~ng Representative for Creditech of South Flo~ ~da, lac -K jell Bmgh, owner of Borlon Volvo and recently appointexl Honormy Consul for the Florida office of the Embassy of the United Republic of Tanzania -MarJa Nahmbu Bcrgb, founder of Aerobics With Soul, native of Tanzat~ia; wife of K~lell Bergh -n'Dctenga n'Gurumo, Environmental Compliance Manager a nd manager of Enviromnanta! ,~ervice Water Testing Laboratory for the City of Delray Beach -('alow~se n'Gununo, business owner of Calowise C'leanmg, wife of n'Detenga -D,~]c Bnese, business owner of Personal Banking Services, h~c; Chairperson of Le. ader.,,h)p Delray Beach tbr the Chmnber of Commerce -Ngoz~ Mensah, Youth Progn'am Administrator for Palm Beach County Sports Commission and Institute -Chado~ te G. Durame, Realtor & lnsmance Agent and o'omer of Durance Realty, lnc and l')urante lnsurm~ce Agency, President of Delray Beach S~stcr Cities, lnc (l'.'nclo~ed is additional biographical information on each member of the delegation which will further show how their particular ~cperti~e and bac~'ground will be useful Itt cato, lng out the mission of the trip to Mosbl, Tanzania, Easl ~4.frica.) August 9, 2000 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North M~ch~gan Avenue, Suite 800, Chicago, lll~no~s 605D1 312/977-9700 · Fax- 312/977-4806 Mr. Joseph M. Safford Director of Finance City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Dear Mr. Safford: A panel of independent reviewers has completed its examination of your budget document. We are pleased to inform you that the panel has voted to award your budget document the Distinguished Budget Presentation Award for the current fiscal year. This award is the highest form of recognition in governmental budget- ing. Its attainment represents a significant achievement by your organization. The Distinguished Budget Presentation Award is valid for one yeau. To continue your participation'in the program, it will be neces- sary to submit your next annual budget document to GFOA within 90 days of the proposed budget's submission to the legislature or within 90 days of the budget's final adoption. Enclosed is an application form to facilitate a timely submission. This form should be submitted with four copies of your budget accompanied by the appropriate fee. Each program participant is provided with confidential comments and suggestions for possible improvements to the budget document. Your comments are enclosed. We urge you to carefully consider the suggestions offered by our reviewers as you prepare your next budget. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. Enclosed is a Certificate of Recognition for Budget Preparation for: Regina Frazier, Budget Administrator WASHINGTON OFFICE 1750 K Street, NW, Suite 350, Washington, DC 20008 202/429-2750 · Fax; 202/429-2755 Mr. Joseph M. Safford August 9, 2000 Page: 2 Your award plaque will be mailed separately and should arrive within six weeks. A camera-ready reproduction of the award will be forwarded to you for inclusion in your next budget. If you do reproduce the camera-ready in your next budget, it should be accompanied by a statement indicating continued compliance with program criteria. The following standardized text should be used: The Government Finance Officers Association of the United States and Canada (GFOA) presented a Distinguished Budget Presentation Award to the City of Delray Beach,. Florida for its annual budget for the fiscal year beginning October 1, 1999. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. This award is valid for a period of one year only. We believe our current budget continues to conform to program requirements, and we are submitting it to GFOA to determine its eligibility for another award. In approximately four weeks, GFOA will mail a congratulatory letter to your designated executive official, accompanied by a press release. The Government Finance Officers Association encourages you to make arrangements for a formal presentation of the award. If you would like the award presented by a member of your state or provincial finance officers association, we can provide the name of a contact person for that group. We appreciate your participation in this program and we sincerely hope that your example will encourage others in their efforts to achieve and maintain excellence in governmental budgeting. If we can be of further assistance, please contact the Technical Services Center. Sincerely, Stephen J. Gauthier, Director Technical Services Center Enclosure Budget Pres~tation Award PRESENTED TO City of Delray Beach, Florida For the Fiscal Year Beginning October 1, 1999 I TO: THRU: FROM: SUBJECT: .... ,, ~Ci~:i~OOMMiS$iON DocUMENTAYi~N:~,, " DAL~~''~ ~ ~T' H~~.~C~ITY MANAGER P~ ,~~~~)~ OF PLANNING AND ZONING JE~F~'t~d'~O~TELLO, PRINCIPAL PLANNER MEETING OF FEBRUARY 6, 2001 **CONSENT AGENDA** AGREEMENT FOR FACILITATION SERVICES ASSOCIATED WITH THE DOWNTOWN BUSINESS DISTRICT PLAN. The action requested of the City Commission is approval of an agreement between the City and Pat BidoI-Padva, Ph.D. for facilitation services associated with the MacArthur Grant/Downtown Business District Plan. The MacArthur Grant appropriated $20,000 for Facilitation Services. As part of the process to develop the Downtown Business District Plan, various sub-committees made up of Steering Committee members were created and assigned specific responsibilities. One of these sub-committees, the Facilitator Selection Committee, interviewed three candidates and selected Pat BidoI-Padva. The proposed scope of services is outlined in the attached letter agreement which includes: individual meetings with Steering Committee members and community members; attending and mediating Steering Committee meetings; and, providing project documentation for facilitated sessions and preparing associated reports. A fixed fee in the amount of $15,000 will be charged for these services. Funding will be from Account No. 001-6113-559-31.90 (MacArthur Grant). By motion, approve the attached Agreement for Facilitation Services. Attachment: Agreement for Facilitation Services PATRICIA BIDOL PADVA, Ph.D. Organizational Consultant 7591 Andorra Place, Boca Raton, FL 33433 (561) 395-7685 Fax: (561) 395-4513 e-mail: bidolpadva@ aol.com Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 January 19, 2001 RE: Facilitation for Downtown Business Area Plan Dear Mr. David Harden: I am delighted to submit my proposal to provide facilitation services for the de- velopment of the Downtown Business Area Plan that will accommodate new growth while preserving the unique characteristic of the existing areas. I under- stand the plan is for the City's core business area including the central business area east of Swinton Avenue, and the commercial district along West Atlantic Avenue and that the plan must be coordinated with existing and proposed plans for the surrounding neighborhoods to ensure that the redevelopment of both the business and residential areas is consistent and compatible with each other. I think that the facilitation se~ces can support the development of consensus out- comes by the involved parties. The scope of work and my fees for facilitation services for the development of the Downtown Business Area Plan are as follows: Time Period: Begin facilitation services immediately and continue to provide them until the plan is adopted (projected date is fali/200i). Services: 1. Engage in Individual meetings with steering committee members and community members as often as needed. 2. Attend Steering Committee meetings and as many subcommit- tee meetings as possible. 3. Facilitate and mediate Steering Committee meetings as needed and ensure that the members engage in deliberations that sup- port the inclusive participation of all members. 4. Provide project documentation for facilitated sessions and pre- pare reports on them. Costs: 5. Assist the committee and other stakeholders as they work to- gether to develop mutually-beneficial options that will enhance the quality of their area and the total community by engaging them in inclusive and collaborative processes that allow the ex- amination of both technical data (e.g. economic data) and re- lated socio-economic factors. 6. Provide other facilitation services with key stakeholders, as needed, that may emerge during the development of the plan. The cost of the above facilitation services will be an overall profes- sion fee of $15,000.00. Sincerely yours, Patricia BidoI-Padva, Ph. D. Consultant Accepted by City of Delray Beach, Florida on this day of ,2001. Mr. David T. Harden City Manager City of Delray Beach 2 Memorandum To: David T. Harden, City Manager From.' Lula Butler, Community Improvement Director Date: February 2, 2001 Re.' Lien Review Advisory Committee Recommendations ITEM BEFORE THE COMMISSION: City Commission consideration to accept the recommendations of the Lien Review Advisory Committee concerning the disposition of outstanding liens on the files enumerated below. BACKGROUND: The first meeting of the Lien Review Advisory Committee, charged with the responsibility of reviewing and recommending courses of action on certain nuisance abatement, unsafe and code enforcement board cases, occurred on January 23, 2001. Twenty-five customer files were reviewed with the following recommendations made: Files Recommended for Further Customer Contact or Additional Information: Customer 55 David Hargrove · Customer 139 Percival Jones · Customer 142 Charlene A. Patrick · Customer 202 Evelyn Clinton Files Recommended for No Further Action: · Customer 118 · Customer 129 · Customers 148 and 5419 · Customer 183 and 193 · Customer 201 · Customers 208 and 459 Bertha Palmer Annie Watt Lucius Simmons and Attune Enterprises Inc. Shedrick Fashaw Willie Wright Otis Williams Jr, and Otis and Marion Williams · Page 1 2. Files Recommended for No Further Action continued: · Customer 242 Bobby Smith · Customer 265 Mary Houston · Customer 400 John Gwynn Files Recommended for Lien Write-offs: · Customer 128 Willie and Dorothy Gerald Reduce outstanding balance of $460.53 to $100 providing the $100 is paid within 30 days of notification. Failure to pay within the above 30 days will result ~n the full balance remaining due. Committee concluded that Mr. Gerald would have complied had he had more time. · Customer 213 Paul Stevens Wdte off entire balance of $391.79. Committee concluded there was a payment hardship in this case and there was only one violation dating to 1987 further mitigating the situation. · Customer 222 Mary Strapp Wdte off entire balance of $347.57. Mrs. Strapp is deceased and the City may be acquiring the property. Committee determined that Mrs. Strapp was in poor health and would have maintained property if she could. · Customer 257 Willie Wilcox Wdte off entire balance of $429.68 as the Committee determined Mr. Wilcox is an elderly man, may not have been fully aware of the nature of the violation and there was only one violation dating to 1987. · Customer 271 Chades Oxidine Write off entire balance of $463.77. Committee determined there is a payment hardship as Mr. Oxidine is trying to get refinancing to secure funds to complete a building project. The Code Enforcement Board temporarily released other liens to assist Mr. Oxidine. · Customer 326 Lawrence Parker Write off entire balance of $637.53. Mr. Parker is deceased, survived by his wife. Mrs. Parker recently appeared before the Code Enforcement Board to settle outstanding liens. Committee determined further payments would be a hardship. · Customer 360 Thomas Wilson Wdte off entire balance of $153. Mr. Wilson is eldedy, disabled and payment would be a hardship. · Page 2 Files Recommended for Lien Write-offs continued: · Customer 450 B. & Clara Andrews Write off entire balance of $507.76. One of the spouses, responsible for the violations, is apparently deceased. Committee determined it was a hardship for the surviving spouse to pay, particularly when not responsible for the violation in the first instance. · Customer 492 James Clinton Write off entire balance of $632.34. Mr. Clinton has had some health problems as have several members of h~s family. Committee determined it would be a payment hardship for Mr. Chnton considering his health and other family problems. RECOMMENDATION: Staff is recommending City Commission approval of the committee's recommendations. LB:mh · Page 3 Date: February 2, 2001 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: __X Regular __ Special __ Workshop When: February 6, 2001 Description of Agenda Item: Thomas Battles Initiative - Advisory Committee Recommendations Consent Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~/<~&x~__~/~,'~t::,~-~~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Altematives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~/No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 [lTV OF DELRrlV BErI[H CITY ATTORNEY'S OFFICE DELRAY BEACH Ali.America City 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM January 25, 2001 City Commission Brian Shutt, Assistant City Attorney SUBJECT: FDOT Utility Permit/Hold Harmless Agt. with Developer Ocean Hammock is a proposed development involving townhouses located north of George Bush Boulevard and west of A1A. Ocean Hammock has been required to construct an 8" water main within the State right-of-way in order to connect to an existing water main. The Florida Department of Transportation (FDOT) requires the City to act as the utility permit applicant. The attached hold harmless agreement will hold the City harmless for work performed by the developer in the State right-of-way. I have also attached a copy of the standard FDOT utility permit for work within the State right-of-way. Recommend approval of the Hold Harmless Agreement with Ironwood Properties Inc. and the FDOT Utility Permit. By copy of this memo to David Harden, our office requests that this item be placed on the February 6, 2001 City Commission agenda. Please call if you have any questions. Attachments CC: David Harden, City Manager Alison Harty, City Clerk Barron Caronite, Asst. City Engineer I I I--'-'H I I , I / / I , I ~ , I ~ i , , ~ ~ I WITHERSPOON LANE ,/--' ~ I ~ ~ J ! ~ J J ' ' --~ F--~'--.. ~ ,"- / ," !~ ~' i : 'r- ' ' ~ L_. : ~__---' I --q -- [ i ',~L___d_ZL~__Z_Z:a:~ __ -7' SH BOULEVARO F..OR GO. ,., ' ~ ( ( HA~80 DRIVE ~ t t / , C~i t ,/..4,.,--:~**____ ~ ~ SrA S~A "' v~ /I , {/) [AHDOWAY LANE I / : .--...-----~ .................... --~...I-~ I..-i I ~:/,.-I , ! J - O ~ Ol~ of DEL~AY BEACH LOCATION MAP E~~ ~ES ~P~~ OCEAN HAMMOCK B~onSxll.dw~ ~~.~~y~~~ Pro,ct No 2000-200 1 of 1 THIS HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY HOLD HARMLESS AGREEMENT, is emered into this , 200~ by and between the CITY OF DELRAY BEACH, (hereinafter referred to as "CITY") and referred to as "DEVELOPER"). Iro~ Properties, Inc. day of FLORIDA, , (hereinafter WITNESSETH: WHEREAS, DEVELOPER wishes to install/construct utilities in the right-of-way of the State of Florida; and WltEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take ..pl)ce 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 Wl:IEREAS, 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 of Ten 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 development known as Ocean Harrgo~k 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accord~ince ~vith 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 an~.d, direct the installation and construction of the utility 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 reslSonsible for the means, methods, techniques, sequences and procedures of ~ construction and installation of the utility 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. 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 Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit "A". Clerk. 9. This agreement shall not be valid unless signed by the City's Mayor and City IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year fu'st written above. ATTEST: By:: City Clerk Approved as to Form: t~,,.~.,City Attorney . CITY OF DELRAY BEACH, FLORIDA By: -- David Schmidt, Mayor WITNESSES (Print or Type Name) President Address: (Print or Type Name) 277 S.E. 5th St. Delray Beach, FL 33483 Phone: 561/279-8952 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of ~J~ 7o _~aTZ- ,200(2_ by ~/~?'~_ ~,/£/,t~7Z//,,/ (name of officer or agent, title of officer or agent) of ~,20,,,~oo~3/-9'~0.'~'F__7/~<~//,~ (name of corporation acknowledging), a /~a~//~,~ . (state or place of incorporation) corporation, on behalf of the corporation. He/She is (~personay~-6~n")to me or has produced (type or--tis identification and did (did no0 take an oath. / ' ~ignamre of l~,'y Public- (..//State of Florida PERMIT NO.: ~~LICIli~I~.t{~_ F/~DARTMENT OF' TRANSPORTATIr'''' UTILITY PERMIT FOOT construction {s proposed or underway. Is th~s work r~lated to an approved Utility Reloc~atio~ Schedule7 C) P~:RMI'FFEE. ~'T¥ OF ~EL.RA¥ 13"['['r~'['["17.~, DEPT.. ~ ,STATE ROAD' A1A COUNTY: Palm B~_ACH F]nan¢~NProjcoH D O No If yea, Document Number. ADDRESS 434 $OTJ-'TjI~ ~W]]%~O1W AV'E.. ~]'..]!A¥ BC]~ ~. 33~ TELEPHONE NUMBER:, (561)243 - 7000 ~ fol~: CO~ON OF A S ~ PVC Wk~t~ ~ ~ E~G 6 ~ WA~ ON ~ %~ST 5m~ OF FROM: DA~ OF PROPOS~ CO~6N (~ROX - 5/01) TO: ~ MEST PA~.¢ Name and T~ (Typed or Pdnted Legibly) /~ 5,g~ture Da~ 1 T~ PERM{~EE d~la~ that pHQ~ te filing {this ~pplicat(on, th~ le~n o$ all e~g uUDbes that it owns De h~a an lntare~ in, ~th serial and unde~round, are a~umt~y shown on the plans and a lobar ~f noUflcaNon ~s mali~ on to the following ~libes known ~ ~ Involved or po{enbally { 2. T~ ~ Mal~an~ or Reslde~ Engineer) her~Aer referr~ ~o as {ha FOOT Engineer, ~hall be nMlfled fo~ght (~) houm prior to s~dlng work and again immediately upon ;ompl~on o~ work. Th~ FDOTs EnD,near ~a ~, located at ~900 ~O~T ~.L ,~Telephone Number (561)4~4-~903, %e PERMI~EE's employee ro~onstble for Maintenance of Tm~c .... T~p~ Nu~ ~h~s name may be provided at ~e time of ~e ~ hour notice prior to s~Amg work). 3, All ~, mataAals, and equlpme~ ~all be~ubjec~ to In~Uon and appm~l by the FDOT Engineer. 4. All pMns a~ ~aM~s ~l[ ~f~ ~ the ~reme~s of t~ FDOT's Util~ A~emmodaUon Manual In eff~ aa ~ ~e date this pe~R la approved by FOOT, a~d shall ~ made a pas of this ~emlt. This provision shall not limit the a~ho~ of the FOOT under P~mgmph 8 of ~is PermR. 5. This PERMI~EE sh~l{ ~mmence a~ual ~en~m~ien In good MRh ~thln ,, 1 ~ a~ ~an~ ~ permff, a~ shall be compl~ ~in ~ 365 ~ aRer the perm~d ~rk ha~ begun, ff the beginning date ~ more ~an 60 da~ ~r~ ~e ~te o~ aermit approval, the PERMt~EE must review the permit wttb the FOOT Engineer te mek~ sure Re chang~ have occueed te the Tmns~A~Uon Facil~ ~hat ~ld affe~ the pe~l~d constm~ion. 8. The co~u~lon and malnt~ance of aucht~ili~ shall nM tnte~ere wRh the prop~ and rlgh~ of a p~or 7. It {~ expressly a~pqlated that this pe~it is ~ l{~nse f~ pe~issive ~ only and that the placing of ~i{It{e~ u~ publi~ pmpe~ pursuant to this poring shall not operate to create or vest any pro~ dght (n ~ld ho{der, exce~ as provided In ex--ted ~M~natlen and Rallr~d Utlt~ Agr~ments. a. P~u~ to S~ ~7.~1 ), F~ S~, any utllt~ plac~ upan, under, ov~, or along any publ~ r~d or publicly o~ mil ~mdor ~at is found by FOOT to ~ u~b~ ~ff~ ~n any ~y wRh ~he ~nvenien(, ~a[e, ~ c~n[muous use, oF malnten~n~, i~pmvement, ~e~ston, or expensing, ~f such public or pub~ ~ m~ ~dor ~ll, u~ ~ d~ ~n ~ ~ the ~fll~ ~ Es agent by FOOT, be remov~ or m~ed by such utlll~ at ~ ~n ~ense &s provided in paragraphs (a) ~nd ~), ~ ~xce~ for re[mbumemen[ nghts set roAh in previ~siy execut~ subordination and Railroad UUIi~ Agr~ments, and 9. R is agreed that in the ev~t ~e reie~UoA of said utilities ar~ sch~l~ to be ~o~e simultaneously ~ the FDOT'a constru~ion ~rk, ~a PERMI~EE c~din~ ~ the FOOT before pm~edin~ and shall coop~[e ~th the rOOT's cont~ctor to arrange the sequence of ~ so as not to delay the work of rOOT's ~tractor, defend shy legal ciaims o[ the FDOT's contractor due to d~ys ~used by the PERMI~EE's failure to comply with the approved schedule, and ~all c~ ~ al{ ~si~s ~ ~ Aw ~ the FDOT's cu~ent Utill~ Ac~mmodatlon Manual, The P ERMITTEE shall not be tes~nstble for delay beyond Its ~n{rol. 10. In t~ ~ of ~m~n~ ~ ~e FDO~ r~u~ In eff~ ~ of ~e ~ate this permR ~s approved, ~is permfl is void and the facili~ will have to be bmugh~ i~o c~ce ~ ~ ~ ~e dg~ of ~y a[ no ~t to ~e FDOT, ~e~ f~ reimbursement rights set leah I~ previously executed ~bordinahon and Railroad Utlll~ Agreem~ts. Th~s provisi~n shaU no~ limit the au{hor~ of the FDQT under Paragraph 8 of this P~it. 1 t It is ~d~ and ~r~ ~t the dghts sn~ prMleges hera~n set out are granted only to the e~ent of the State'An~ ~d~~~e u~ and ~ ~ ~e PERMI~E, ~d the pERMI~EE will. si all ~mes, and to ~he ~ent pe~ffed by law, a~ ~sk~ ~~t~, harmless the S~ta of Florida and the FDOT from and against any and all loss, damage, cos~ or expose afl~n~a~ ~d~f~%xerctse aUompted e~rcls~ by said PERMI~EE ~f the aforesaid rights and pr~ileges, a{ sublimes during the 12 Dudng ~m~ion, all safety regu~tlons o/~the FOOT shaft be obse~ and the PERMI~EE must ~ke mea~~~{~(.~ ~y of safeW devices ~at may be nece~a~ in ~rder [o ~afe~ condu~ the pubUc ~r~ugh the preje~ ar~ in ec~rdance with ~e Fedex[ MAnual ~n Umfe~ T~ffic Control De~c~, ~ ame~ ~ htgh'~, the r~uir~en~ ~ the Standard Appl~on Pac~e [or relisys, including Sagging sew[cos end ~adroad Pr~e~lve insu~nce or scoop[able al[erna~ve, when applicable~ and ~e rOOT's lates~ Road~y and Tm~fic Design Standards and S~hdard Specifications for Road and Bndge Co~lon, as am~d~. Wh~ a Uar~ d~ms it n~essa~ [o conduct Traffic Control a~[v~b~ and me~ods s(gnifi~nay different ~fem those addressed m ~e a~,~ ~ea, the U~I[~ must submit an[alternator plan a~gned and sealed by a qualified reg[s{~ad Florida pro~essional engineer quahEed te develop Traffic Control Planning m a~ordance ~ ~he pr~v 3 ens o[ the Ubh~ Accommodation Manua~ Cha~er 8, 3 Shou~ the PERM~EE ~ dedr~ ~p~g its ubhU~ In place and o~ ~[ so.ice, the PERMI~EE, by exaction ~ th~ permit acknowledg~ Its present and co~muing owne~lp o~ As utilities l~ted be~een A1A ONE ~ LINE and OC~N HAMMOCK ~ ~e FDO~s rl9hts-o~-~y as ~ leAH above. Whenever the PERMI~EE removes I~ facflih~, ~ shaft be at ~e Pe~{Eee's sole cost and ~pense The PERMI~EE, ~ its sole expense, shall p~ptly r¢move said ~ of a~ce utiffties whenever the F~OT d~e~lnes sa~d remo~l is in the pubhc interest. 14 In the ~vent contaminated soil ts encountered by the Utility or anyone within Ihs permlffed con.ruction limits, the Ut~hty shall Immediately cease work and notify the FDOT. The FDOT shall coordinate w~th t~" -,nato agencies and nohf'y-~be-,R~RMl~q'EE.- or any' 'qon or revoca~Jon of the permit until contamination assassin, er~ and mmadlatlon, as appropriate ~ ..... e Chapters 62-770 and ,l~-=7~dOi _L~_~4~'di'e~'aerAdmlnlstra~ . e, has progressed to a elate that all environmental regulatory agencies having jurisdiction have, approved the s~te elr the contamination for resuml;~,Lon q[ wor~, ..... -',- 15. During ex~:~vatlon operations, an on-s~te trep~sentative of the PERMITTEE may be r~'qui~'d to perform the following actNffles with respetct to their own localities' phy~lcolly ex~ or direct exposure of under~round femhties, provide any necessary support to facilities and/or cover aerial ~aciltties as deemed necessary to aid construcbon. 18. Pursuant to Section 337 401C~, Flodda Sba(ut,~s, the permit shall require the permit'S' tE'l~ fEs~lbn~ll~a ~r ~1~ r~ltl~:j f~l-~tl~ ~uance of the perm, The Department may in~tiate Injunctive prodeedings as provided In a.120 I~.g to enforce prcrvlalons of this subsection or any rule or order is.sued pursuant thereto. 17 Pumuant to Sectaan 337 402. Florida Stat~e~, when any pubhc road or publicly owned r~lt corridor Is damaged ~=r Impaired In any way because of the matallabon, Ir~pectlon, or repair et a utility ~ on such'road or publicly owned ra~l corridor, the owner of the attila/shall, at h~s or her own expense, restore the road or publicl owned rail corridor to its odglnal cond~ton before such damage. If the ovmer fails to make such restora0on, the authority la authorized to do e~ and charge the cost thereof against the owner under the provlsl~tns of s.337.404, 18. Special FDOT Instructions: I Permittee will provide ~he Producers' Certification , for the F, LOWABLE FILL prior to final ; .. acceptance by the Oepartment. The certification ...... f ~,~ ~ ! mu~t bear the original signature a ~egall¥ .*t '. responsible person from /It is und;rstood and agreed that commencement by the PERMITI'EE is acknowledgment and acceptance of the binding nature of all the abov"b listed permit / conditions and special instructions 1~ By the below s~gnature, the Permittee here,~y represents that no change to the FDOT's standard Utility Permit fo~m, as incorpcra, tp~f'b'~"~ferenca Into Rule 14- /4§.QOl, r~- this Utlllt~ Permit has been madr~ which has not bean previously called to the attention of the F..DOT {and s~gni[ied to~,~eckl~g the appropriate box / bek~v) by a separate attact'~d wfl~erT, docum~nt show,ag all cnac~ges and the written and dated approv~/q~/the~'~OT E~g;f['e"'{r/A.~[aer.~/affachments reflect,ag Jchange/stothestandardl'orm?~'J~L NO [J,~ 'YES If Yes, pagesarealtac;hed(/ ~' / / \ PI[RM/TT,E ' Richard C. Hasko, P E.~'' ! SIGNATURE: \ Name & T,tle of Authc~l~ Perm~ea.~ Agent ' ~' '~ J INSPECTION CERTIFICATION UTILITY PERMIT FINAL it is the Permittee's responsibility to .~btain final acccpbnce of permitted work (compl,~ted) and the restoration of the Right of ~Way f~om the Department prior to usua§e. . Permittee will restore the Right of Way ~s a m~nimum, to its original condition or better in accc~rdance wi FDOT's Standard Specifications for Road & Bridge Coast or as directed by the Resident M~lntenance Engineer. Permittee to coordinate all work With tl~e West Palm Beach Maintenance Permits Dap!. {~ (561} 434-3903, Coordination Will Jnclulde a pre- construction meetfng,. 'ed~en the w~rk w~s begun. PERMITTEE: Name & T~tle of Authcrtz~ Permittee or Agent CC' District Permit Office Perm~ttee (Typed or Pnnt&d Legibly) Prior to any construction activity within the rtght of way, the applicant shall submit to the Dept. proof of insurance as required by Rule Chapter 14-96.0o7(5), FAC naming the Dept. as the certificate ho[der. (i.e., Permit no & project must be Included on cerbflcate. )gineer or Designee DATE: ' construction approved by the above numbered permit was Inspected and Installed ~n I in accordance with the FDOT's current UUllfy Accommodabon Manual, All plan changes [his permit. I also certify that the work area has been leR in as good or better condition than SIGNATURE: A copy ,.of this permit and plans will be on the j~.tl_si.te construction of this facility. [ITY OF DELRrlY BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 Ail. America City 1993 DATE: TO: FROM: MEMORANDUM January 25, 2001 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Approval of Declaration of Restrictions by F.I.N.D. On October 17, 2000 the Commission approved the purchase of the Odabashian property for $140,000.00 located on the east side of northbound Federal Highway and just south of Knowles Park and which is adjacent to a F.I.N.D. parcel that will be used by the City for the construction of a boat ramp. The purchase of the property would allow the City to improve its access to the F.I.N.D. parcel as well as provide additional parking. The City purchased this property on November 30, 2000. F.I.N.D. had agreed to provide funding in the amount of $70,000.00 for the purchase of this property through an agreement with the City dated November 2, 2000. That agreement did not place specific restrictions on how the City could use the property. At this time F.I.N.D. requests that the City approve the attached Declaration of Restrictions concerning the property. The restrictions provide that the property shall be used as a public boat parking area in conjunction with the planned boat ramp to be constructed on the F.I.N.D. parcel. The property may also be used for such other purposes that do not individually or in the aggregate substantially limit, impact or interfere with the primary use of the property. These restrictions shall be in place for a period of 25 years which coincides with the length of the lease that the City has on the F.I.N.D. parcel. By copy of this memo to David Harden, our office requests that this item be placed on the February 6, 2001 City Commission agenda for approval. Please call if you have any questions. CC: David Harden, City Manager Alison Harty, City Clerk Joe Weldon, Director of Parks and Recreation 01/1'3/2001 ii: 57 2~372&S PK F~EC ~AGE ~3 bilk. flmipfl, JCl, PO. Ik~ 3tB8 DI~CLARAT[CFN OF IU~STRICTIONS oddress is . hudmf~ r~ermd m ,,- r~, ~~ r~ ~c u ~ "~bM Pmp~". ~ ~~ ~ FIo~ hw, who(e ~, li~ ~dress is 1314 ~ch~ R~, J~m, ~ 33477, ~ or ~n8 ~ ~ rimp: ~ NOW, T~~. ~v. m m~.mi~ of ~ p~ ~m ~ ~t~ ~ m~ UM ~ S~ ~o~v 01/19/01 FRI 11:54 [TX/RX NO 7739] 01/'19/2001 11:57 Se~.t. By: FfNO; 2437268 PK REC PAGE 581 8~4 ~4~0; da~-lg-01 1 :. ~',; Page 3t5 04 3 in tha pra~ Wimu~ Si~,,zu,e (2). Witness Si~nmtdre Title: ....... 01/19/01 FRI 11:54 [TX/RX NO 7739] 81/19/2081 11:57 2437268 PK REC Jan-lg,01 P'~,GE 85 ~age ~,/5 STATE OF ) COUNTX oF ) The tmre$oi,~ in.mumm~ -~s ~..io,~,l~8.~d bcfore me thiu , 2001. l~y , u pe~y ~ ~ me, OR d~y of of , on (IqOTAltY STAMP) 01/19/01 FRI 11:54 {TX/RX NO 7739] ~ ~ sc ~'" .... ~ ~ 1 -- ' ~ ~ ~~ ou~s I / / O0~N~ / ~ /~/ ~eou~s / ~ / 0~0 ~BOU~ / ~ ~ ~z~ /'/5 L I N T O' ~---- ~ ' N ~ ODABACHIAN PROPER~ -- D/GtZa~ ~5C ~ 5~rE~ -- EXHIBIT A BRUCE CARTER ASSOCIATES, INC. B IIIIIII LAND SURVEYORS I~ 405 SE 61h AVE (SOUTH FEDIRAL HIGtIWAY) lull OELRAY BEACH, FLORIDA 334S5 BOUNDARY SKETCH OF SURVEY ,,, FOR; c,ry o/~ ~c~,,/IY SCALE: f'' Jo' S vi CORNER /' L 0 T 27' BLOC'. CERTIFIGAT~ Ihe, eby CERTIFY that Ihs altoched skelch of survey of Ihs above described properly is true and correcl to the besl of my knowledge and belief as surveyed under my direction in ocr [.AND PLANNERS PI,CNL Iff&l; 265-1910 CERTIFIED TO: CITY OF DELRA¥ DESCRIPTION: That part of Lots IO and 11, Block l, MODEL LAND COMPANY'S SUBDIVISION in Section 21, Township 46 So,th, Range 43 East, Palm Beach County, Florida, lying East of the East right-of-way line of U.S.Righway No.] (State Road No. 5), and between the Westerly extension of the North and South boundaries of Lot 27, Block 2, of said Subdivision, according to the Plat on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recoroNmd in Plat Book Page 128, TOGETHER W[TR TIlE IHPROVEHENTS TIIEREON. (Wiss described as being part of said Lots l0 and ti, Block I, MODEL LAND COHPANY'S SUBDIVISION Of said Section 21-46-43 as recorded in Plat Book l, Page 128, being more particularly described as follows: Begin at the Southwest corner of Lot 27, Block 2 of said HODEb LAND COMPANY'S SUBDIVISION Of Section 2i-46-43 for a POINT OF BEGINNING; then ru~ West to the East right-of-way line of U.S. ~ighway No. ~, as set forth in Deed Book 1070, Page 489, Palm Beach County records; thence run Northerly along the East cigar-of-way line of U.S. Highway No. ~, a distance of 100.00 feet to a point; thence run Easterly , parallel to the South line herein mentioned to the West line of said Lot 27, Block ~; thence South along the West line of said Lot 27, Block 2 to the POINT OF BEGINNING.) SUBJECT to restrictions, reservations and easements Of record. NOTE' Legal description and recording information based on "Purmort" sketch dated 8/3[/7g provided by client. ~.ERTI FI ED TO: Robert W. Federspie[, P.A., A~torneys, Title Insurance Fund, City of Delray I1,,~ ,a~.,'r ,,, ;~ol Ct. lit{ NEGISitHLU LAND SURVEYOR NO STARE O1' CI_ORIOA L.B. {4683 UPOATES end/0~ RE dISIONS DATE BY CF'D NOTE Ihs unDersiGned mformohon ~hould be oblol NOIE Lands ~hown he~ ..... easements of record as to the In[ormohon relier/ed hereon perloming tO ond 8RU(,L CAR1LR 5. ASSOGIATES,INC mske no rlghts-o~-woy, sel bock hneslreservoilons. 0greemenls and olhsr s~mdar moilers, ~s hal mlended Io ~e[lecl or set forl~ o1{ such matters Such confirmed by olhers l~uoh oppropmle htle scotch h~eon were hal obslrocled for right-of-way end/or i MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ ~ ir2~_ AGENDA ITEM ~'~5'. REGULAR MEETING OF FEBRUARY 6, 2001 LETTER OF AGREEMENT/GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC. (PARKS AND RECREATION MASTER PLAN) FEBRUARY 1, 2001 At the December 12~' regular meeting, the City Commission approved staWs recommendation to select the fzrm of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. to perform the needs assessment and prepare the Parks and Recreation Master Plan. Staff was authorized to enter into negotiations with Glatting Jackson to reach an agreement. The letter of agreement is now before the Commission for approval. The attached memorandum from the Director of Parks and Recreation provides a summary of the processes and scope of services to be provided by Glatting Jackson. The fee for tl~s project is $78,700. Funding is available from 334-6111-519-31.30 (General Construction Fund - Engineermg/Architectural). The City Attorney has reviewed the agreement. Her initial comments have been addressed and incorporated into the Supplemental Terms of Agreement, and she has now approved the agreement as to legal sufficiency. Recommend approval of the agreement with Glattmg Jackson Kercher Anglin Lopez Rinehart, Inc. for preparation of the Parks and Recreation Master Plan. Ref'Agmemol 1.Parks & Recreauon Master Plan. Agreement. Glattmg Jackson AGENDA ~TEM NUMBER: f C Request to be placed on: AGENDA REQUEST Date: January 25, 2001 XX Regular Agenda __ Special Agenda __Workshop Agenda When: February 6, 2001 Description of agenda item: Request approval of an Agreement with Glatting Jackson Kercher Anglin Lopez and Rinehart to perform a Needs Assessment and Master Plan for the Parks and Recreation Department. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached. YES Recommendation: Approval. NO X NO X Department Head Signature: ~_~ ~ Determination of Consistency wi~ (~omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives: (if applicable) Account Number: Account Balance: City Manager Review: Approved for agenda:~) Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved [ITY I)F I]ELAI:IY BER[H DELRAY BEACH NI-AmericaCity 1993 100 N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000 MEMORANDUM TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Needs Assessment and Master Plan DATE: January 25, 2001 Attached please find two (2) copies of an Agreement with Glatting Jackson to perform a Needs Assessment and Master Plan for the Parks and Recreation Department. In summary, the Agreement calls for the following: 1.) Existing Systems Analysis. A.) Glatting Jackson will review existing documents - Comprehensive Plan, parks, recreation facilities, population/demographics, etc. B.) Site visits to all Parks and Recreation facilities. C.) Map and analyze community facilities, patterns, and systems. D.) Meet with staff to review and discuss findings. 2.) Needs and Priorities Assessment. A.) Glatting Jackson will prepare an information packet to inform City Commission about existing conditions, proposed objectives, project methodology, potential funding, etc. B.) Commission kickoff workshop to review and discuss materials from the information packet, project methodology, likely outcomes of the planning and design process, policy issues such as the City role, goals, service levels and the role of the private sector, and other issues that may affect the successful outcome of the planning process. C.) Glatting Jackson will use the following techniques to determine community recreation needs and priorities and to analyze recreation programs: · Up to 3 days of interviews with City Commission stakeholders. · City-wide telephone survey. · Three (3) focus groups. · Comparison to national standards. · Service area analysis. · One (1) public workshop. THE EFFORT ALWAYS MATTERS ~ R~yl~/ed and D.) Half day staff workshop to review findings. 3.) Conceptual Park and Open Space Systems Map. A.) Glatting Jackson will prepare a conceptual Future Parks and Open Space Plan showing the general location of existing and proposed parks, linkages and other open space. B.) Glatting Jackson will prepare a preliminary implementation program for the Parks and Recreation System, covering both public and private initiatives, including top priority needs, capital improvement cost estimates, proposed funding sources, and any possible recommendations for amendments to development regulations and zoning codes. C.) Meet with staff to discuss conceptual parks and open space plan. D.) Glatting Jackson will conduct up to 3 consensus workshops with City Commission and the public to present conceptual park and recreation plan. 4.) Develop draft Parks and Recreation Master Plan, including a color executive summary, Power Point presentation of existing systems and needs and priority assessments, conceptual Parks and Open Space Plan with narrative description, and Action Plan including funding alternatives. A.) Meet with staff to review draft Plan. B.) Present draft Parks and Recreation Plan to City Commission. C.) Present final Parks and Recreation Plan at public hearing to solicit City Commission approval and adoption. The cost of the plan is $78,700. $85,000 was budgeted in account #334- 6111-519-31.30. The Agreement was sent to the City Attorney for legal sufficiency. Attached is a memorandum from Susan Ruby with recommendations that Glatting Jackson has included in the last page of the Agreement under "Supplemental Terms of Agreement." If after reviewing the Agreement you concur, please place this on the February 6, 2001 agenda for City Commission consideration. J~e/We 1 don Dii~ctor of Parks and Recreation Attachment cc: Susan Ruby, City Attorney Joe Dragon, Assistant Director of Parks and Recreation JW: cp Ref:dhmstrag [ITY OF I)ELRrI',' BErI[H CITY ATTORNEY'S OFFICE ~oo .w ,~, ^v..~....~.^~..^c., ~o~,.^ ~,4,, TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's D~rect Line' 561/243-7091 MEMORANDUM January 12, 2001 Joe Weldon, Director of Parks and Recreation Susan A. Ruby, City Attorney Needs Assessment and Master Plan Contract I have reviewed the agreement for legal sufficiency and make the following comments: Paragraph 5, "Ownership of Documents", included in the supplemental terms, on the last page, should be modified to state that the City may make as many copies of the study/report as it may determine in its sole discretion and at its sole expense. Paragraph 10, "Dispute Resolution", included in the supplemental terms, should be amended to state that disputes shall be submitted to the Circuit Court in and for Palm Beach County. Further, the last sentence regarding prevailing party attorney's fees should be struck from the agreement. Paragraph 2.12, "Revisions", of the main letter agreement provides for a one time revision. Do you want more than one revision to be included in the contract price? Please call if you have any questions. RECEIVED JAN 1 ? ?_001 GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART Wflham J Anghn,Jr Davtd L Barth Jay H Exum Jack F Glamng Jay K Hood Ttmoth~ T Jackson Wflham C Kercher, Jr Walter M Kulash Sharon K Lamanm S Raymond Lopez John F R. lnehart Gregory A Brvla Charles P Cobble M~chael K Cochran Jeffrey s Collins Anthony C Curm R. ichard E Durr, Jr Bruce C Hall Carey S Hayo Gall D [acex William D k~tes Edward J MtK~nnex Thomas J McMat ken,jr JohnJ Moore III John H Percy TroT P I~s Juhe Adams Stofield Peter C Sechler Nathan P %dva Laura K Turner Ronald L Urbamak G Wade Walker Comraunity Planning 222 C]ellllitl$ Street Wegt Pahn Bea~ h Florida, 334U 1 P 5ol ~,59 6552 F 501 833 179o www glattmg corn L~cense g EB ouu5812 LC Cuuuu4q LETTER OF AGREEMENT January 16, 2001 BETWEEN City of Delray Beach Parks and Recreation Department 100 N.W. 1st Avenue Delray Beach, FL 33444 Hereinafter referred to as the Client AND Glattlng Jackson Kercher Anglin Lopez Rinehart, Inc. 33 East Pine Street Orlando, FL 32801 Hereinafter referred to as the Glatting Jackson Re: City of Delray Beach/Parks & Recreation System Master Plan Glatting Jackson Project #15579. 1.0 PROJECT DESCRIPTION 1.1 The Client desires to retain Glatt~ng Jackson to develop a C~tyw~de Parks and Recreation System Master Plan for the City of Delray Beach. 1.2 Additional professional worlang on this project under direct contract with Glatting Jackson include: Christi Flood-Walker - Datatron - Recreation Program Analysis Telephone Survey 1.3 Program Management In addition to the specific services detailed below, Glatting Jackson shall provide services for management of the project including coordination with the Client's representative, coordination of the work of professionals who are subconsultants to Glatting Jackson (if any), monitoring of the project schedule as it relates to this scope, and timely invoicing and repomng of project progress. We~t Palm Beach · Ovtaado 1.4 Coordination of the Work of Subconsultants to GlaRing Jackson The Client hereby acknowledges and agrees that Glatfing Jackson will assume responsibility for the coordination of work produced by any subconsultants to Glatting Jackson as ProJect Manager for the Scope of this work. However, the Client agrees that Glatting Jackson does not bear any liability for the technical accuracy of work prepared by others. All professional firms workang on the project shall bear separate responsibility and liability for the work prepared by them 2.0 SCOPE OF SERVICES PART I - EXISTING SYSTEMS ANALYSIS 2.1 Review Existing Documents The Client's ProJect Manager will assemble all of the existing maps and data available from the City and County regarding existing parks, recreation, open spaces, neighborhoods, downtown business district, activity areas, streets and bikeways, schools and pubhc buildings. These may include, but not be limited to the following: Delray Beach Comprehensive Plan · Current Inventory of City Parks and Recreation Facilities · Master Right-of-Way Plan · Population/demographics data, both current and projected · Roadway/Utihty R.O.W. Maps · Vacant Land Map · Future Land Use Map · Park Land and Facilities Maps · Sidewalk/Bikeway System Maps · School/YMCA/Community Center Maps · Recreation Program Brochures, Catalogs and Flyers · Department Budgets · Current Funding Sources (General Fund, Grants, Etc.) · Current Partnerships · Department Staffing/Organizational Charts · List of Private recreational facilities and programs within the City and surrounding area · List of current sports leagues (both youth and adult), program levels and schedules · Regulatory Codes · Tax Maps · Streetscape / Urban Design Project Plans The Client shall provide map data to Glatt~ng Jackson in an AUTOCAD or ARC Info. file format. Glatting Jackson will review the data and inform the Client of any additional data needed to complete the study. Glattlng Jackson will proceed with the study once the Client has provided the necessary data. 2.10 Preliminary Implementation Program Glatting Jackson will prepare a preliminary Implementation Program for the Parks and Recreation System, including both public and private initiatives. The Program will include, but not be limited to: · List of top pr/ority needs · Projected "order-of-magnitude" capital improvement cost estimates · Proposed funding sources · Recommended amendments to development regulations and zoning code (if applicable) 2.11 Staff Review Meeting Glatting Jackson will meet with the Client to review and discuss the Conceptual Parks and Open Space System Map, as well as the preliminary Implementation Program. The Chent will distribute the plan for review and comment, and provide Glattlng Jackson with one (1) consohdated set of edited, written review comments. 2.12 Revisions Glatting Jackson will revise the Conceptual Parks and Open Space System Map and preliminary Implementation Program one (1) time, based on the written review comments from the Chent. 2.13 Consensus Workshops Glatting Jackson shall present the Conceptual Parks and Recreation Master Plan and Open Space System Map and preliminary Implementation Strategy at up to three (3) workshops. These may include: · Council Workshop · Pubhc Workshop · Other(s) Part III Deliverables: · Conceptual Parks and Open Space System Map · Preliminary Implementation Program Memorandum · Meeting and Workshop Minutes 2.2 Site Visits Glatting Jackson will undertake a tour of the City's ex~sting parks and other recreational facilities. 2.3 Map Existing Systems Based on the information provided by the Client, as well as visits to City parks and other recreational facilities, Glatting Jackson will map and analyze various community facilities, patterns and systems. These may include: · Population/Demographics * Level of Service (LOS) · Existing Parks and Open Spaces, xncluding Golf Courses & Tennis Centers · Natural Systems · Neighborhoods · Activity Centers · Streets and B~keways · Pubhc and Private Schools · Other Public and Private Facilities 2.4 Staff Review/Proj ect Kick-off Meeting Glatting Jackson will meet with C~ty staffto review and discuss findings from the Existing Systems Analysis phase of the project, to identify any errors, omissions or areas that need further analys~s, and to kick-off Part II of the Project. Part I Deliverables: · Powerpoint Presentation - Delray Beach Existing Systems Analysis (disk and hard copy) PART H - NEEDS AND PRIORITIES ASSESSMENT 2.5 Council Information Packet Glatting Jackson will prepare a Parks and Recreation System Information Packet to inform City Council members about existing conditions, proposed objectives, project methodology, comparable projects, potential funding/~mplementation tools and other general information that will help facilitate meaningful discussions about the future of the City's Parks System. The packets will be submitted to the Client for review and distributed to the Council prior to the Council Kickoff Workshop. 2.6 Council Kickoff Workshop Glatting Jackson and the Client will facilitate a workshop with the C~ty Council to review and d~scuss: · Material (s) from the information packet · Proposed project methodology · Likely outcomes of the planning and design process · Pohcy ~ssues such as the City's role, goals, service levels and role of the private sector Other issues that may affect the successful outcome of the planning process 2.7 Needs and Priorities Assessment Glatting Jackson w~ll use the following techniques to determine community recreation needs and priorities and to analyze recreation programs: · Up to three (3) days of interviews with City Council members and other stakeholders, as determined by the Chent · Citywide telephone survey · Three (3) focus group meetings (seniors, teens, families) · Comparison to national standards · Service area analysis One (1) public workshop 2.8 Staff Workshop Glatting Jackson will conduct a half-day workshop with the Client to review findings from the tasks outlined above, and to kick-off the next phase of the project. Part II Deliverables: · Council Information Packets · Council Workshop Minutes · Powerpoint Presentation - Needs and Priorities Assessment Summary Staff Workshop Summary Memorandum PART III - CONCEPTUAL PARKS AND OPEN SPACE SYSTEM MAP 2.9 Future Parks and Open Space System Map Based on the results of the Existing Conditions Analysis and Needs Assessment, Glatt~ng Jackson will prepare a conceptual Future Parks and Open Space System Map showing the general location of existing and proposed parks, linkages (greenways, trails, bikeways) and other open space. PART IV - PARKS AND RECREATION SYSTEM MASTER PLAN 2.14 Develop Draft Parks and Recreation System Master Plan Based on the comments received at the Consensus Workshops, Glattmg Jackson will develop a draft Parks and Recreation System Master Plan. The Master Plan shall be comprised of a three ring b~nder that includes the following: · A color Executive Summary · Powerpoint presentations of the Existing Systems Analysis (Part I) and the Needs and Priorities Assessment (Part II) · Conceptual Parks and Open Space System Map (Part III) and narrative description · Implementation Program Action Plan, including funding alternatives 2.15 Review of Draft Plan Glatt~ng Jackson will submit s~x (6) color cop~es of the draft plan for Client review. The Client will provide Glatting Jackson with one (1) consolidated set of edited, written review comments. 2.16 Review Meeting If necessary, Glatting Jackson w~ll attend one (1) meeting to review Client comments. 2.17 Council Workshop Glattlng Jackson w~ll present the draft Parks and Recreation Master Plan at one (1) Council Workshop. 2.18 Final Plan Glatting Jackson will incorporate Chent and Council comments into the final plan. Glatt~ng Jackson will prepare an illustrative poster of the final V~sion Plan. 2.19 Final Council Presentation for Adoption/Approval Glattlng Jackson shall present the final Parks and Recreation System Master Plan at a pubhc hearing to solicit City Council approval and adoption. Part IV Deliverables: · Six (6) color copies of the Draft Parks and Recreation System Master Plan · One (1) color copy and a digital copy of the Final Parks and Recreation System Master Plan · One (1) mounted, color copy of the Illustrative Poster PART V - ADDITIONAL SERVICES 2.20 Additional Services Glatting Jackson will provide Additional Sermces as mutually agreed upon between Glatt~ng Jackson and the Client. Those services may include, but are not limited to the following: · Additional meetings, workshops, presentations · Individual facility site plans, sketches and/or construction documents · Additional work necessary to accommodate additional revisions · Additional copies of work products · Additional work required to secure base information not provided by the Chent · Preparation of grant applications 3.0 COMPENSATION Glatting Jackson shall bill the Client a lump sum fee for each Part of the Scope of Services as listed below. Direct expenses shall be included in the fee, as further detailed in the attached Hourly Rate Schedule. 3.1 The fee for the project shall be billed as follows: Part I Existing Systems Analysis $9,700. Part II Needs & Priorities Assessment $31,300. Part III Conceptual Parks & Open Space System Map $20,500. Part IV Parks & Recreation System Master Plan $17,200. 3.2 Part V - The fee for Part V, Additional Services, shall be billed as an agreed upon fixed fee or on an hourly basis using the attached Hourly Rate Schedule. 3.3 Hourly Rate Schedule / Other Direct Costs - Please refer to the attached Hourly Rate Schedule for more information about hourly rates and other direct costs. 3.4 Subconsultants - The fees for Subconsultants who shall be working under direct contract with Glatting Jackson are included in the fees outlined above. 3.5 Retainer - No retainer is required. 4.0 ASSIGNED PERSONNEL David L. Barth - Principal in Charge (Principal 2) Richard E. Durr - Project Manager (Landscape Architect 3) 5.0 CLIENT RESPONSIBILITIES 5.1 Client shall designate a Project Representative immediately upon execution of th~s Letter of Agreement, who shall be Glatting Jackson's point of contact with the Chent, and who shall, by virtue of Client's designation, have authority to bind the Client. The Project Representative shall be responsible for all coordination with the Owner (if a separate person or enuty from the Chent as shown in Article 1) and any separate consultants. 5.2 Client shall provide full information to Glatting Jackson regarding project requirements and constraints including, without limitation, a program setting forth the Chent's objectives, and shall provide all data, drawings, information or other resources requested by Glattmg Jackson that are necessary for completion of the project. 5.3 Client shall comply with any schedule requirements made known to the Chent by Glatting Jackson and, in any event, shall be available to meet with Glatt~ng Jackson and provide decisions in a t~mely manner throughout the project. 5.4 Client shall be responsxble for all other aspects of the project not spemfically assigned to Glatting Jackson under this Letter of Agreement or any subsequent request (and acceptance) for Additional Service. 6.0 SUPPLEMENTAL TERMS OF AGREEMENT Please refer to the attached Supplemental Terms of Agreement for additional terms and conditions relating to this Letter of Agreement. Project Name: ProJect Number: City of Delray Beach/Parks & Recreation System Master Plan 15579 GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC. HOURLY RATE SCHEDULE Pnncipal 3 $200 Ecologist 2 $85 Principal 2 $175 Ecologist 1 $65 Principal 1 $150 Landscape Architect 4 $125 Planner 4 $125 Landscape Architect 3 $105 Planner 3 $105 Landscape Architect 2 $85 Planner 2 $85 Landscape Designer $65 Planner 1 $65 GIS Specialist 2 $85 Transportation Planner 4 $125 GIS Spec~ahst 1 $65 Transportatmn Planner 3 $105 Graphic Artist 2 $85 Transportation Planner 2 $85 Graphic Artist 1 $65 Transportation Planner 1 $65 Administrative Assistant $50 Ecologist 4 $125 Technician $50 Ecologist 3 $105 Other Direct Costs - Other direct costs incurred in completing the scope of services are included in the fees for each part of the Scope of Services detailed in the Agreement. Other d~rect costs ma3' include, but are not hm~ted to, costs for reproduction, pnntlng, photocopying, photography, courier services, automobile mileage and other expenses. Direct costs for any Additional Services shall be negotiated under separate agreement. Application Fees - All apphcation, filing, and permit fees, including, without lirmtatlon, all fees to local, regional and state governments and agencies, shall be paid by the Chent directly to the appropriate agency at the required time. Chent Initials Glatting Jackson Initials Glatttng Jackson Kercher Anghn Lopez Rmehart, Inc rev October 2000 AGREED TO AND ACCEPTED BY: C~ty of Delray Beach By: Its: Date: T~tle Its: Glatt~ng Jackson Kercher Anglin L~opez Rinehart,...~c._L- ~ / David"L. Barth Its: Vine President and By: i Will~am C. Kercher, Jr. President Project Name: Project Number: City of Delray Beach/Parks & Recreation System Master Plan 15579 SUPPLEMENTAL TERMS OF AGREEMENT Acceotance of Am'cement - This Letter of Agreement shall be vahd for Chent acceptance for a period of fifteen (15) days from the date ofexecutaon by Glattmg Jackson This Letter of Agreement may be termanated by eather party with fifteen (I 5) days written not~ce In the event of termmat~on, Glattmg Jackson shall be compensated through the date of termination for all fees and direct expenses recurred Submittal and Payment of Invoices - Invoices for services shall be submatted on approxamately a monthly basis Payment shall be due upon receipt. The Client agrees to pay interest of I 5% per month to be calculated from the next day after receipt of each ,nvmce, on invoice balances outstanding more than thany (30) days Glattmg Jackson reserves the right to withhold work products or to stop work until payment ts receaved The Chent assures Glattmg Jackson that financial arrangements have been made to fulfill the Chent's oblagatlons under th,s Letter of Agreement The Chent agrees that Glattmg Jackson shall not be reqmred to provide detailed backup, in the form of hourly detail of any kand, m support of invoicing for fixed fee or lump sum fee projects If backup is required the Chent agrees to pay Glattmg Jackson, on an hourly basis, for the cost of provld,ng such additional mformataon Acuons of Agencaes Not Quaranteed - Glattmg Jackson will exercise professaonal sloll m executing its services, however, it cannot and does not guarantee the action of any governmental official, agency or judicial proceeding. The Client shall pay all invoices for professional services and for expert wtmess services submitted in accordance with thas Letter of Agreement regardless of the results of any such governmental or j udicial acUons Qwn,rl;hap of Property / Construction Lien - in the event that the Client is not the record owner of the property covered by this Agreement, Glattmg Jackson may consader the Chent's sagnature as evidence that the Chent has the Owner's permission and consent to enter into this Agreement It shall be the Client's responsabfitty to inform Glattmg Jackson of any change m ownershap or change m any other carcumstance that may affect Glattmg Jackson's ablhty to place a Construction Lien on the property if payment is not receaved according to the terms ofth~s Agreement The Client herebyacknowledges and agrees that Glamng Jackson's services are professional services that shall be performed m the practace of Glattmg Jackson's profession as a planner, ecologist, archaect, landscape architect, engineer or other professional m connecnon wah the specific parcel or parcels of real property referred to an th~s Agreement and that Glattmg Jackson shall be entaled to a hen upon such real property for the money ow,ng to Glattmg Jackson for such Service pursuant to Section 713 03, Florida Statutes (1989 or ats successor), or otherwise pursuant to law or eqmty 6 Retention of Records - All original documents, work product and information contained thereto shall be retained by Glamng Jackson for up to two (2) years following completion of the ProJect After that time, Glamng Jackson reserves the right to daspose of the documents, work product and m formataon m its sole discretion. The Client shall be provided with reproducible copaes of all original documents at its expense upon request 7 Confidentiality - Such documents, work product and all information conta,ned therem are proprietary to Glattmg Jackson, but shall not be shared with thard party without the mutual prior consent of Glattmg Jackson and Client. When documents, work product and reformation contained therein have been submitted to a public or samtlar orgamzation subJeCt to the Sunshine or other pubhc documents laws, such documents, work product and mformat~on are agreed to be wathm the pubhc realm and Glattmg Jackson may distribute, sell or otherwise dasburse any information contained thereto to third panics at tis sole discretion 8 Dmttatlon of Llabihtv - Glamng Jackson will not be responsible for any circumstances, acts, errors, omissions or events, of any type, beyond its reasonable control including, without hmltauon, construction costs, the ams or failures to act of any governmental or judicial agency and the existence of hazardous waste of any type associated v, lth the Project 9 A~,slgnment of Am'eement - Neather the Client nor Glattmg Jackson shall have any right to assign this Letter of Agreement to any other person or enUty, absent prior written consent from the other party 10 Disnute Resoluuon - In the unlikely event of any dispute, difference, claim or counterclaim betv, een Glattmg Jackson and the Chent arising out of or in connectaon with this Letter of Agreement, which cannot be amicably resolved by the panics through good faith negotiations, any such matter shall be submitted to the Circuit Court m and for Palm Beach County, Florida, for trial and determination by the court slttang without jury The panics hereby consent to the junsdictaon of such court and to the service of process outside the State of Florida (if applicable) pursuant to the requirements of such court in any matter so to be submitted to at, and they expressly wmve the right to a jury trial 11 Enure Agreement / Govemmo Law - Regarding the subject matter hereof, this Agreement contains the entare agreement of the parties and their representames and agents, and supersedes all prior understandings, whether oral or written This Agreement shall be governed by the laws of the State of Florida Qwner~hlp 0f Documents - All documents, work product and information contained therein prepared by Glattmg Jackson or its Subconsultants are instruments of service for use by the Client solely with respect to this Project Giaumg Jackson shall be deemed the author of these documents, ,~ork product and tnformanon and shall retain all rights thereto However, the City may make as many copies of the study report as it may determane tn its sole discretion and at its sole expense Client Initials~ Glatting Jackson Initlals~ Glatting Jackson Kercher.4nghn Lope. Rinehart. [nc rev June 1999 [ITY OF DELRI:I¥ BEI:IgH CITY IITORNEY'S OFFICE~oo ~w ~t^v~$~. ~^~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DATE: TO: FROM: SUBJECT: Writer's D~rect Line: 561/243-7091 MEMORANDUM January 30, 2001 Joe Weldon, Director of Parks and Recreation Susan A. Ruby, City Attorney Request Approval of an Agreement with Glatting Jackson Kercher Anglin Lopez and Rinehart to Perform a Needs Assessment and Master Plan for the Parks and Recreation Department This looks good to me. Attachment MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ ~ - REGULAR MEETING OF FEBRUARY 6, 2001 AMENDMENT #1 TO NTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR CNG FUEL MANAGEMENT SERVICES DATE: FEBRUARY 2, 2001 This is before the City Commission to approve Amendment #1 to the interlocal agreement between the City and Palm Beach County where the County promdes CNG (compressed natural gas) fueling services for City vehicles. The amendment will extend the agreement for an additional five (5) years, through August 18, 2006. Recommend approval of Amendment #1 to the CNG Fuel Management Services Agreement. RefiAgmemol 1.IA w~th PBC.CNG Fuel Management Facilities Development & Operations Department 3323 Belvedere Road Building 503 West Palm Beach, FL 33406 (561) 233-0200 FAX Adm (561) 233-0206 PRBM (561) 235-0210 CID (561) 233-0270 www pbcgov corn Palm Beach County Board of County Commissioners Warren H Newell, Chairman Carol A Roberts, Vtce Chair Karen T Marcus Mary McCarty Burr Aaronson Tony Masdom Addle L Greene County Administrator Robert Wemman *An Equal Opportllrllty Aff~rmanve Acnon Employer" January 22, 2001 Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 NW l~t Avenue Delray Beach, Florida 33444 Re: Interlocal Agreement - CNG Fuel Management Services Agreement Attached please find three revised originals of Amendment #1 to Interlocal Agreement #98-1209 between the County and the City regarding CNG Fuel Management Services. Please have all three executed and retumed to my office for execution by the Board. When approved by the Board, we will return a fully executed agreement to the City for its records. ~ll~cerely, ~DcierseC~r/~ AW/sab Attachments ~ printed on recycled paper AMENDMENT #1 INTERLOCAL AGREEMENT THIS AMENDMENT #1 TO THE INTERLOCAL AGREEMENT, made and entered into this __ day of ,2000 by and between PALM BEACH COUNTY, a political subdivision of the State of Florida ("COUNTY") and the City of Delray Beach ("CITY"). WITNESSETH WHEREAS, the COUNTY and the CITY entered into an Interlocal Agreement (R98-1209D) on August 18, 1998, for the provision of CNG fuel and CNG fuel management services to the City, and WHEREAS, that Agreement provided for renewal at the end of the initial term, if agreed upon by the COUNTY on behalf of the CITY, and WHEREAS, the COUNTY and the CITY now desire to renew this agreement pursuant to the terms of the original agreement. NOW THEREFORE, in conjunction of the mutual covenants, promises and representations contained herein, the parties agree as follows: The term of the Agreement shall be extended from August 19, 2001 through August 18, 2006 at which time it shall terminate unless again renewed pursuant to the terms of the original Agreement. Section 12 shall be modified accordingly. This section shall be governed bythe laws of the State of Florida. t,,~,~ ........................... In any litigation brought by a party to this Agreement to enforce the terms of this Agreement. each party_ shall bear its own costs and attorney's fees incurred in connection therewith. 3. All other provisions of the original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date and year first written above. Dorothy H. Wilken, Clerk PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Warren H. Newell, Chairman ATTEST: By: City Clerk CITY OF DELRAY BE, ACH M~yor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: C~ty Attorney County Attorney Rq8 1209D INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, made and entered into this ~ day of __, 1998, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida ("COUNTY") and the City of Delray Beach ("CITY"). WITNESSETH WHEREAS, the COUNTY and the CITY are continually identifying more effective service delivery methods which result in overall savings to the taxpayers; and WHEREAS, the COUNTY and the CITY have determined it to be beneficial to both parties for the CITY to purchase CNG fuel management services from the COUNTY; and WHEREAS, the COUNTY and the CITY have the ability to lawfully enter into this agreement: NOW THEREFORE, in conjunction of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows. SECTION 1: PURPOSE The purpose of this Agreement is to provide the terms and conditions by which the COUNTY will provide CNG fuel management services to the CITY and establish the schedule and method of payment to the COUNTY for such services. The CNG fuel management services generally include; 1) the management and operation of fueling sites, 2) the sale of fuel, and 3) the tracking and reporting of fuel usage. SECTION 2: FLEET MANAGEMENT FACILITY 2.01 The primary Fleet Management Facility is located at 3700 Belvedere Road, Buildings D&E, West Palm Beach, Florida, 33406. Administrative offices are at this location. 2.02 The primary facility is staffed and operated from 7:00am to 3:30pm, Monday through Friday, excluding COUNTY holidays. Additional administrative and support personnel are available until 5:00pm on Monday through Friday. Security staff located at the primary facility is available to address many fueling issues at that site, 7 days a week, after normal working hours. 2.03 The CNG fueling stations are in-service as per Exhibit 1. SECTION 3: FUEL 3.01 The COUNTY operates 2 CNG fueling stations. A list of CNG fueling sites available to the CITY are included in Exhibit 1 to this Agreement. 3.02 Upon execution of this Agreement, the CITY will provide the COUNTY with correspondence identifying the number of fuel cards required as well as the desired "ID" for each asset (for reporting purposes). Within twenty-one (21) days, the COUNTY will provide the CITY with the requested cards. Procedures for requesting additional new and replacement cards will be established after execution of this Agreement. It is the CITY's sole responsibility to ensure that the fuel cards are issued to, and utilized for, authorized and lawful public purposes. The fuel cards will allow the CITY to fuel at any fuel site identified in Exhibit 1. 3.03 The CITY will be invoiced monthly for fuel usage on a per gallon purchased basis. The per gallon cost will be calculated by adding the actual fuel price, the applicable taxes plus $.12 per gallon administrative mark-up. The administrative mark-up may be adjusted by the COUNTY at any time during the term of the Agreement, however the COUNTY agrees to charge the CITY the same administrative mark-up as it does COUNTY agencies. 3.04 3.03 and is Agreement. The CITY will be billed according to the provisions contained in Section not obligated to purchase a minimum amount of fuel pursuant to this 3.05 The COUNTY represents that its fueling stations are operated in compliance with all applicable environmental regulations and that the CITY assumes no responsibility for the proper management of these facilities pursuant to this Agreement. 3.06 The CITY agrees to provide each employee using a COUNTY fuel facility with procedures for use of COUNTY's facility and ensure that its employees use the facility properly. The COUNTY reserves the right to deny fueling privileges to any CITY employee upon immediate notification of the CITY. SECTION 4: BILUNG SCHEDULE 4.01 The COUNTY will prepare and transmit a monthly invoice to the CITY itemizing the costs associated with fuel purchases. The CITY will immediately review same and report any discrepancies to the COUNTY within 10 days of receipt. Payment will be due to the COUNTY within 30 days of receipt of the invoice. Payments shall be sent to: Board of County Commissioners Special Receivables Section - Finance P.O. Box 3977, Fund 601 West Palm Beach, Florida 33402-3977 SECTION 5: ASSET INFORMATION TO BE PROVIDED BY CITY 5.01 The CITY will provide the COUNTY with the information necessary to code all equipment and vehicles into the COUNTY's automated fuel management systems. SECTION 6: LIABILITY The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. SECTION 7: TERM OF AGREEMENT The initial term of this Agreement is three (3 years) and shall commence immediately upon execution of this Agreement. This Agreement may be renewed for one (1) five (5) year term thereafter. At least eight months prior to the expiration of this Agreement's term, the CITY shall provide the COUNTY with a request to renew this Agreement. If agreed upon by the parties, within two months of the receipt of the request, the COUNTY shall process an Amendment to this Agreement which shall be execu~ted by both the CITY and the COUNTY. SECTION 8: AMENDMENTS TO THIS AGREEMENT This Agreement may be amended from time to time by written amendment executed by both the Board of County Commissioners and the City Commission. Amendments which modify Section 3.03 of the Agreement will not require Board of County Commissioner or City Commission approval, upon signature of the City Manager and the Director of Facilities Development & Operations. SECTION 9: TERMINATION This Agreement can be terminated by either party, in writing, after 60 days notice, with or without cause. SECTION 10: ANNUAL BUDGET APPROPRIATIONS Pursuant to CITY law, this Agreement is subject to the annual budget appropriations of the CITY and the COUNTY. SECTION 11: NOTICES Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the COUNTY: COUNTY Administrator 301 North Olive Avenue West Palm Beach, Florida 33401 Director, Facilities Development & Operations 3323 Belvedere Rd. Building 503 West Palm Beach, FI. 33406 With a copy to: Director of Fleet Management Division 3700 Belvedere Rd. Bldg D West Palm Beach, FI. 33406 County Attorney's Office 301 North Olive Avenue West Palm Beach, Florida 33401 As to the CITY: City Manager's Office City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 With a copy to: Public Works Director . City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Invoices to the CITY shall be sent to: Finance Director's Office City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 SECTION 12: APPLICABLE LAW/ENFORCEMENT COSTS This section shall be governed by the laws of the State of Florida. In the event that any action, or suit proceeding is commenced with respect to the interpretation of enforcement of this Agreement, the prevailing party in such action, suit, or proceeding shall be entitled to recover all costs, expenses and fees including, without limitation, reasonable attorney's fees, incurred by such party in connection therewith. SECTION 13: FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach COUNTY. SECTION 14: DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of COUNTY or CITY officers. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: ---"~';'NT Y ~,~ALM BEACH COUNTY, FLORIDA ._------~?? .......... '-c~..0~. ITS BOARD OF COUNTY /~...'"' ~vt,~ ~£/_" ~VIMISSlONERS DOROTHY H. WILKEN · ~,~. Deputy Clerk '. ,,,,,,,,~ ........ r-- ~ - ~irman AU~ 18 1998 ATTEST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY CouVnty Attorne~ AND LEGAL SUFFICIENCY By: /hA, City Attorney PALM BEACH COUNTY FLEET MANAGEMENT FUEL STATION ROSTER HOURS Fleet Management 3700 Belvedere Road West Palm Beach, FL 33406 24 Unleaded Diesel CNG South CounW Administrative Complex 345 S.Congress Avenue Delray Beach, FL 33445 24 Unleaded Diesel CNG MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM g'~' - REGULAR MEETING OF FEBRUARY 6, 2001 SERVICE AUTHORIZATION #7/MATHEWS CONSULTING, INC. (N.E. 4TM STREET ROAD WIDENING) FEBRUARY 1, 2001 This is before the City Commission to approve Service Authorization #7 in the amount of $24,700.00 w~th Mathews Consulting, Inc. for professional engineermg services related to the widening of N.E. 4th Street from N.E. 2"d Avenue eastward to N.E. 5th Avenue (southbound Federal Highway). The road segment is proposed to be widened from two to three lanes. The block between N.E. 5t~ and 6th Avenues will be covered in an addendum to tins agreement. The N.E. 4m Street raflxoad crossing will also be rebuilt as part of the project. The service authorization includes coordinauon xmth the FEC Railway for that pomon of the work. Funding is available from 334-3162-541-65.19 (General Construction Fund - NE 4m Street Improvements). Recommend approval of Service Authorization #7 with Mathews Consulting, Inc. for the N.E. 4e~ Street road w~dening project. RefiAgmemol 6.SennceAuth.#7.Mathews Consultmg. NE 4th Street Agenda Item No.~'- AGENDA REQUEST Date: 22-Jan-01 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When:06-Feb-01 Description of item (who, what, where, how much):The attached agenda item is for Commission approval/authorization for the Mayor to execute Service Authorization #7 with Mathews Consulting, Inc. for consulting services for the widening of NE 4th Street from NE 2"d Avenue to US 1. This includes coordination with FEC regarding the FEC crossing. The total cost of this service authorization is $24,700.00. Funding is available from account # 334-3162-541-65-19. ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT A'I-I'ACHED YES/NO Recommendation: Staff recoml;~ds appro,~al_/authorization,,/'-) Department head signature (~//~ - ~j~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r,B~d on all items involving expenditure of funds): Funding available~YES~NO Funding alternative'8"- (if applicable) Account No. & Description 334-3162-541-65-19 NE 4th Str Improvements Account Balance $455,250.00 d~3 ~ /j~"//~.] City Manager Review: ~. (~/ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ~ESSRVOO2~DEPARTMENTS~EngAdmin~Projects~2OOOt2OOO-OO3iOFFICIALtagenda02-06-01 doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal Krejcarek, P.E., City Engineering../--c// 22 January, 2001 NE 4th Street - NE 2nd Avenue to Federal Highway (US1) Commission Agenda Item Project # 2000-003 The attached agenda item is for Commission approval/authorization for the Mayor to execute Service Authorization #7 with Mathews Consulting, Inc. for consulting services for the widening of NE 4th Street from NE 2nd Avenue to US 1. The proposed roadway section is a three-lane section with the center lane dedicated as a left turn lane. The FEC crossing will also be rebuilt. This service authorization includes coordination with FEC regarding the FEC crossing. The design is scheduled to take approximately 16 weeks, which means this project should be under construction this summer. The total cost of this service authorization is $24,700.00. Funding is available from account # 334-3162-541-65-19. The attached map indicates the limits of this project. Please place this agenda item on the 6 Feb 2001 commission agenda. enc cc; Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director File 2000-003 ~ESSRV~2~DEPARTMENTStEngAdmintPr~jectst2~2~3~FF~AL~agendamem~2-~6-~1~d~c ', ' ~ · I l'J '-LI 'u ~ ....................................... ', ~: ; , q I; t , ~' ~: ', , ~ , ~ , , , , , I ' N.E. 1 ST ~,, ~r ...... ~ , ~, , , ~ ~ , , : ~ . "~r .-. ~ ............ . ~- .... , ...... , ~ :' , ', ~ ~' ~ , ,~ . ; ,' : ~ ~ /, ~ '~ , ~, ,~' :, '~ ATLANTIC AVENUE .................. '. , ~: ',~- --: ,- _,:~ .... :, . ...... , ' ,~:' _~___,~ ~ C of DELRAY BEACH N.E. 4TH S~EET 0Am:1/22/01 E~~ ~~ ~P~ I M PROVEM ENTS ~X~l ~ ~ ~*~ ~ ~ ~ ~ ~000-003 CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. CITY P.O. NO. CITY PROJECT NO. Z. oaa-oo3, TITLE: N.E. 4th Street Roadway Widening 7 FOR CONSULTING SERVICES CITY EXPENSE CODE: 3 3'-/- .~[6 02 vSqt' ~('~' t ~ MATHEWS CONSULT. PROJECT NO. 1097 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services PROJECT DESCRIPTION The project consists of widening N.E. 4th Street (approximately 960 feet) from two lanes to three lanes from N.E. 2nd Avenue to approximately 250 feet east of the Florida East Coast railroad tracks. The proposed road widening on N.E. 4th Street will transition into the existing three lane roadway at the intersection of N.E. 4th Street/N.E. 2nd Avenue and N.E. 4th Street/Federal Highway. Specific design elements consist of: · Widen roadway from two lanes to three lanes. · Roadway will have F curb and gutter on both sides. · Roadway will have 5 fi. concrete sidewalk on both sides. · Relocate existing stormwater system as dictated by roadway design. · Coordinate with FEC Railway Company to widen their existing railway crossing to 54 feet and add 5 feet sidewalk on both sides of roadway. · Provide water main stub-outs. · Provide up to two (2) fire hydrants. · Review condition of existing sanitary sewer along this portion of roadway. · Coordinate with Franchised Utilities for utility pole relocations and clearing of trees from overhead lines. · Provide roadway pavement markings and traffic signage. The scope of this Service Authorization is, but not limited to providing geotechnical services, final design, permitting and bidding services for the work described above for the N.E. 4th Street Roadway Widening. contract01/05/01 1 II. SCOPE OF SERVICES Phase I - Study and Report Phase Not Applicable. Phase II - Preliminary Design Phase Not Applicable. Phase III - Final Design 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. 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 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information (prepared by Heller-Weaver & Cato, Inc. in 1997) provided by City. If during design, additional survey data is required, it shall be billed under Additional Services. Contract documents consisting of "front-end" documents and technical specifications shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Consultant shall coordinate with FEC Railway Company to widen their existing railway crossing to 54 feet and add 5 feet sidewalk on both sides of roadway. Drawings and specifications (four copies) shall be submitted for City review at 50%, 90% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. o Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of CAD files in electronic format on 3-1/2" disk. ° At the 50%, 90% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. contract01/05/01 2 Phase IV - Bidding/Negotiation Phase 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 15 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. Consultant shall attend pre-bid conference and provide a written summary of issues discussed. 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. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and 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 III-E of the Agreement with the City. Other - Geotechnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: Perform up to three (3) standard penetration test (SPT) borings to an average depth of ten (10) feet. Evaluate field data collected and provide geotechnical engineering evaluation report. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, sanitary, 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 contract01/05/01 3 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. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Engineering Services Time per Phase Cumulative Time Phase III(t) 12 weeks 12 weeks Phase IV 4 weeks 16 weeks (!) Geotechnical will be completed during Design time period. 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. Engineering Services Estimated Fees Phase III - Final Design Phase Phase IV - Bidding Phase Geotechnical Out-of-Pocket Expenses Additional Services $ 20,000.00 $ 2,000.00 $ 1,500.00 $ 1,200.00{2) $ 10,000.00 TOTAL PROJECT COST $ 24,700.00t~) Notes: (l)Out-of-Pocket Expenses include the following: printing/reproduction and postage (2)Total project cost does not include the $10, O00 for Additional Services (if authorized by the City). contract01/05/01 4 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 DELRAY BEACH: MATHEWS CONSULTING, INC. Date: David W. Schmidt, Mayor Date: Attest: Approved as to Legal Sufficiency and Form contract01/05/01 5 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument ..~as acknowledged before me this c~ "'flay of ~ 2001 by David L. Matttiews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the ~tion), Flo 'dh a Driver's License and (didddid not) take an oath. Signature o~erson taking acknowledg~ement MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~r~/ - REGULAR MEETING OF FEBRUARY 6, 2001 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/MOLLOY DATE: BROTHERS, INC. (SEACREST/DEL-IDA IMPROVEMENTS PHASE I) NEIGHBORHOOD FEBRUARY 1, 2001 This is before the City Commission to approve closeout Change Order #1 in the amount of $27,106.40 with Molloy Brothers, Inc. for the Seacrest/Del-Ida Neighborhood Improvements Phase I contract. The changes are ~temized per Schedule "A" attached to the change order, and include various plus/minus quantity adjustments as well as additional asphalt paving on the S.E. 10~' Street water main project. Also requested is final payment in the amount of $40,146.75. The project is complete and has been inspected and approved by staff. All warranty documentation has been received. Funding for the change order will be in the amount of $10,200.00 from 442-5178-536-63.50 (W&S R&R - Water Distribution Improvements) and $16,906.40 from 334-3162-541-62.54 (General Construction Capital Outlay - Seacrest/Del-Ida) for a total of $27,106.40. The final payment balance ($13,040.35) wxll be from 448-5461-538-63.97 (Stormwater - Other Improvements). Recommend approval of closeout Change Order #1 and the request for final payment to Molloy Brothers, Inc. for completion of the Seacrest/Del-Ida Neighborhood Improvements Phase I project. Ref:Agmerno16.Closeout. Molloy Brothers Seacrest/Del-Ida Phase I Agenda Item No.: AGENDA REQUEST Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda Date: February 1, 2001 When: February 6, 2001 Description of item (who, what, where, how much Final to Molloy Brothers, Inc. on the above referenced Project. Change Order #1 encompasses the final Contract plus/minus as-built quantity adjustments on the above referenced project; and additional asphalt paving on SE 10th St Water Main Project (PN 99005). Change Order #1 is for a net add of $27,106.40. Also attached for Commission approval is an agenda request for final payment to Molloy Brothers, Inc. in the amount of $40,146.75. A Contractor Evaluation is attached for your review. Funding Sources are 442-5178-536-63.50 W/S R & R Water Distribution Improvements for $10,200.00; and 334-3162-541-62.54 Capital Outlay Seacrest/Del Ida for $16,906.40. Recommendation: Staff Recommends approv.~l/~f~e Contract Addition (C.O. #1, Final and Final Payment to Molloy Brothers. /~,/~.,) // Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (requir~ on all items involving expenditure of funds): Funding available: YES~_0.~ Funding alternatives (if applicable) Account No. & Description 5c5/07 Account Balance ~t~ ~,~.~ Ci~ Manager Review: ~ ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9906.doc Memorandum To: F rom: Date: David T. Harden, City Manager Howard Wight, Dep Dir Constructio~lZ)~ision February 1, 2001 Re: Seacrest/Del Ida Neighborhood Improvements- Ph I - Project 99006 Final Closeout Change Order and Payment Request Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Molloy Brothers, Inc. on the above referenced Project. Change Order #1 encompasses the final Contract plus/minus as-built quantity adjustments on the above referenced project; and additional asphalt paving on SE 10th St Water Main Project (PN 99g05). Change Order #1 is for a net add of $27,106.40. Also attached for Commission approval is an agenda request for final payment to Molloy Brothers, Inc. in the amount of$40,146.75. A Contractor Evaluation is attached for your review. Funding Sources are 442-5178-536-63.50 WiS R & R Water Distribution Improvements for $10,200.00; and 334-3162-541-62.54 Capital Outlay Seacrest/Del Ida for $16,906.40. File: 9906A :finalpay CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 99-06 DATE: PROJECT TITLE: Seacrest/Del Ida Neighborhood Improvements - Ph I TO CONTRACTOR: Molloy Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES 1N THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final Plus/Minus As-built Quantity Adjustment per Schedule "A" Attached SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 4.2% TOTAL PER CENT INCREASE TO DATE 4.2% $652,017.50 $ 0.00 $652,017.50 $ 27,106.40 $679,123.90 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Molloy Brothers, Inc. DELLRAY BEACH, FLORIDA by its City Commission RECOMMEND: For Environmental Services APPROVED: City Attorney By: David W. Schmidt, Mayor ATTEST: By: City Clerk Seacrest/Del Ida Neighborhood Improvements Phase I Change Order #1, Final Schedule A Contract Quantities As-Built Quantities Item EST UNIT EXTENDED EST UNIT EXTENDED No. DESCRIPTION UNIT QUAN. PRICE COST QUAN. PRICE COST 1 Maintenance of Traffic L S. 1 $12,000 00 $12,000 00 1 $12,000 00 $12,000 00 2 Clearing and Grubbing L S. 1 $35,000 00 $35,000.00 1 $35,000 00 $35,000 00 3 1" Type S-3 Asphalt Overlay TON 150 $69 00 $10,350 00 180 $69 00 $12,420 00 4 1-1/2" S-3 Asphalt TON 0 $41 00 $0.00 0 $41.00 $0 00 5 8"L~merock Base S Y 0 $12.00 $0.00 0 $12 00 $0 00 6 12" Stabilized Subgrade S Y. 0 $2.50 $0.00 0 $2 50 $0 00 7 Asphalt Trench Repair L F 400 $25 00 $10,000.00 428 $25 00 $10,700 00 8 Header Curb L F 0 $14.00 $0.00 48 $14 00 $672 00 9 Type "B" Curb L.F. 0 $10.50 $0.00 0 $10 50 $0 00 10 Type "D" Curb L.F 0 $10.50 $0 00 0 $10 50 $0 00 11 Type "F" Curb & Gutter L.F. 0 $10.50 $0 00 0 $10 50 $0 00 12 5' Concrete S~dewalk (4" thick) L.F. 0 $9.70 $0 00 1792 $9 70 $17,382 40 13 5' Concrete S~dewalk (6" thick) L.F 150 $13.85 $2,077 50 0 $13 85 $0 00 14 Concrete Dr~ve Apron (6" thick) S F 9,500 $3 10 $29,450 00 10,581 $3 10 $32,801 10 15 Asphalt Dnve Apron Base S Y. 2400 $5 50 $13,200 00 1743 $5 50 $9,586 50 16 Asphalt Dr~ve Repair L F 150 $30.00 $4,500 00 402 $30 00 $12,060 00 17 Concrete Drive Repair L.F 30 $30 00 $900.00 0 $30 00 $0 00 17a Bomamte Drive Repair L.S 0 $1,150 00 $0 00 I $1,150 00 $1,150 00 18 Pavement Marking & Signage L.S. 0 $10,500 00 $0.00 0 $10,500 00 $0 00 19 Roadside Swale Grading & Sodding S Y 10,000 $4.00 $40,000 00 8,231 $4 00 $32,924 00 20 15" RCP L.F 265 $45.00 $11,925.00 265 $45 00 $11,925 00 21 Type C Inlet EA 2 $1,350.00 $2,700.00 2 $1,350.00 $2,700 00 22 Connect To Ex~st~ng Drainage Inlet EA 1 $500.00 $500.00 1 $500 00 $500 00 23 8" DIP Water Ma~n L F. 8250 $24.00 $198,000.00 7896 $24.00 $189,504 00 24 8" DIP Samtary Sewer L F. 100 $250.00 $25,000.00 100 $250 00 $25,000.00 25 4" SCH 80 PVC ~rngabon sleeve L.F 0 $6.00 $0 00 0 $6 00 $0.00 26 10" Gate Valve EA 2 $1,300.00 $2,600 00 1 $1,300.00 $1,300.00 27 8" Gate Valve EA 24 $750 00 $18,000.00 24 $750 00 $18,000.00 28 6" Gate Valve EA 4 $595 O0 $2,380.00 4 $595 00 $2,380.00 29 10" L~ne Stop EA 2 $4,800 00 $9,600.00 0 $4,800.00 $0 00 30 6" L~ne Stop EA 2 $3,600.00 $7,200.00 6 $3,600 00 $21,600 00 31 F~re Hydrant,Valve, & Box EA 12 $2,600.00 $31,200.00 16 $2,600 00 $41,600.00 32 Relocate Ex~sbng F~re Hydrant EA 3 $1,200 00 $3,600.00 3 $1,200 00 $3,600 00 33 10" x 8" T.S & Valve EA 3 $2,100 00 $6,300.00 1 $2,100 00 $2,100 00 34 8" x 6" T.S. & Valve EA 10 $1,800 00 $18,000.00 15 $1,800.00 $27,000 00 35 Connect To Ex~sbng Water Mare EA 1 $1,200.00 $1,200.00 1 $1,200 00 $1,200 00 36 Fill & Flush Assembly EA 7 $1,500 00 $10,500.00 7 $1,500 00 $10,500 00 37 Sample Point EA 18 $150 00 $2,700 00 18 $150 00 $2,700 00 38 Single Water Service EA 125 $375 00 $46,875.00 162 $375 00 $60,750 00 39 Double Water Service EA 25 $650.00 $16,250 00 8 $650 00 $5,200 00 40 Reconnect Rear Yard Water Service EA 60 $950.00 $57,000 00 56 $950.00 $53,200 00 41 Irrigation Water Meter w~th RPZ EA 0 $200 00 $0 00 0 $200 00 $0 00 42 Abandon ex~sbng 2"-3" water main L F 10,000 $1 O0 $10,000 00 4,925 $1 00 $4,925.00 43 Utility Allowance L.S. 1 $12,000 00 $12,000.00 0 $12,000.00 $0 00 M~II Exs~tng Asphalt L S. 0 $4,180 00 $0.00 1 $4,180 00 $4,180 00 Dewatering Pump Rental L S. 0 $896 00 $0 00 1 $896 00 $896 00 Asphalt Pavement (SE 10th WM) L S. 0 $10,200 00 $0 00 1 $10,200 00 $10,200 00 44 Video Allowance L S I $1,000 00 $1,000.00 I 4579 $1,000 00 $1,457 90 45 Indemmficabon L S. 1 $10 00 $10.00 1 $10 00 $10 00 Total $652,017 50 $679,123 90 CHANGE ORDER #1 RECAP As-Built Total $679,123 90 less Contract Total ($652,017 50) Net Change Order #1, Final + $27,106 40 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~(7~ CLOSEOUT CHANGE - REGULAR MEETING OF FEBRUARY 6, 2001 ORDER #2 & FINAL PAYMENT/SIGA INC. (ORCHARD VIEW PARK) FEBRUARY 1, 2001 This is before the City Commission to approve closeout Change Order #2 in the amount of $2,970.54 w~th SIGA Inc. for the Orchard V~ew Park project. The changes are itemized per Schedule "A" attached to the change order, and include the plus/minus unit price adjustments. Also requested is final payment in the amount of $6,052.66. The project is complete and has been inspected and approved by staff All warranty documentation has been received. Funding will be from 334-6112-519-63.40 (General Construction Fund - Recreational Improvements). Recommend approval of closeout Change Order #2 and the request for final payment to SIGA Inc. for completion of the Orchard View Park project. RefiAgmemol 6.Closeout. SIGA Inc. Orchard View Park Agenda Item No. ~-~ Request to be placed on: AGENDA REQUEST Date: February 1, 2001 X Regular Agenda Special Agenda Workshop Agenda When: February 6, 2001 Description of item (who, what, where, how much): Attached for your approval is a Change Order #2, Final to Sigas, Inc. on the above referenced project. The scope includes the plus/ minus unit price adjustments for this project. The amount is a net add of $2,970.54. Request is also made for final payment to be issued to Sigas, Inc. in the amount of $6,052.66 A Contractor Performance Evaluation is attached for your review. Funding is available from 334-6112-519-63.40 Recreational Improvements per attached Budget transfer. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Cor~/~nission approve Change Order ~2, Final and final payment to Sigas, Inc. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable)[ Budget Director Review (re~d on all items involving expenditure of funds): Funding available: E~,~NO___ Funding alternatives -(if applicable): Account No. & Description ..?, $.,~.. ~ l l &7 ~ ~;'1 ~. .- ~. :~. .~,/0 . ~¢ c..bt'?t-~m ,,~ ~, l "~","~F~ O- Account Balance ~)z/,~/~z.¢ -,/--/1 n~,~) ~~~ ~r~. ~ ~,/ . City Manager Review: ' Approved for agenda: /~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Howard Wight off, on Deputy Director February 1, 2001 Orchard View Park (PN 97-19) Contract Addition (C.O. #2,Final) Attached for your approval is a Change Order #2, Final to Sigas, Inc. on the above referenced project. The scope includes the plus/minus unit price adjustments for this project. The amount is a net add of $2,970.54. Request is also made for final payment to be issued to Sigas, Inc. in the amount of $6,052.66. A Contractor Performance Evaluation is attached for your review. Funding is available from 334-6112-519-63.40 Recreational Improvements per attached Budget transfer. File 97-019 (A) s\, .\9719\co2memo CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2, Final PROJECT NO. 97-19 DATE: PROJECT TITLE: Orchard View Park TO CONTRACTOR: Siga Incorporated 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: Plus / Minus As-built adjustments per the attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER .9 % TOTAL PER CENT INCREASE TO DATE 3.8 % $299,577.75 $ 8,634.30 $308,212.05 $ 2,97O.54 $311,182.59 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. Siga, Incorporated (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from 334-6112-519-63.40 Recreational Improvements DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: ATTEST: By: David W. Schmidt, Mayor City Aaomey City Clerk ~E~.§ 888 888888888 88888 88 8888 88888888 888 888888888 88888 88 8888 88888888 88 888888888 88888 88 8888 88888888 ~ ' ' ' ~o~ oooooooo ~~~ ~doo oo ........ 888 888888888 88888 88 8888 88888888 ~ 888888888 8888~ 88 8882 88~88~88 . . ~ m ~ ~ . . . ~ ....... 8'88 8888888 88888 88 8888 88~88~88 Z~-O~.E* :~ .~ ~~ ~ ~ LU <: 888. ~ 888 8 UJ ~,~' 8.88 8 888. 8 8 88888888.888 8 8§ 88o° ~ 888 8 8 88888888888 8 8 88~ C'"- @°~E,., ~ ~88. ~o. 8888~{/ 8. 8. ~888888888. ....... 8~-~: ~8{/ 8~/..~.~:-~. 0 m~ o~ 0 m ~ 888 o 888 8 8 ~8888888888 8 88 nDE]nD UJ 0 0 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kenneth L. Thomas, Community Development Administrator Lula Butler, Community Improvement Director ~) January 31, 2001 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to one (1) eligible applicant under the Delray Beach Renaissance Program. The subsidy represents the 117th homeownership assistance grant provided under the city Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATIONS Staff is recommending City Commission approval to fund a subsidy for one (1) eligible applicant of the following property: (Acquisition Rehab) XXX 1416 SW 3rd Street (Carver Park, Lot 24, Blk 2, PB 27 P55, Sec 12, R 43 TWP 46) / $21,375.00 Agenda Item No.' g' ,.~ AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxxx Consent Agenda Date: January 31, 2001 When: February 2, 2001 Description of item: Authorization and approval to issue a subsidy to one (1) eligible applicant under the Delray Beach Renaissance Program totaling $21,375.00. Note: Linda Burton ($21,375) represents the 117th homeownership assistance grant provided under the Renaissance Program to date. Recommendation: Staff recommends approval of one (1) subsidy award. State Housing Initiatives Partnership (SHIP) Program. Funds are to be awarded from the SHIP Total: $21,375.00 Account Number: 118-1924-554.83-01 Department Head Signature: ~~ [~ City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding Available: ONO ~ MIII)D Funding Altematives: (if applicable) Account No. & Description: \~)- \q'Lq-~f'aq- ~55.0[ 5.~A.-T--'? 0,~tv Account Balance: ~ \2,,q ~ ~0. OD City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION No (Acquisition/Rehabilitation) CENSUS TRACT NAME Linda Burton PROPERTY ADDRESS 1416 SW 3rd Street, Delray Beach LEGAL DESCRPTION Lot 24, Carver Park, PB 27, PG 55,Blk2 68.01 % OF AREA MEDIAN HOUSEHOLD INCOME 46% NO. FIRST MORTGAGE RATE 6.5% LTV 91.41% PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION: COST OF LOT: COST OF EXISTING UNIT: Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) TOTAL TRANSACTION N/A N/A $83,470.00 $ 1,354.00 $ 2,648.0O $ 87~472.00 IN HOUSEHOLD 2 (including rehabilitation costs) FIRST MORTGAGE Consortium TOTAL SUBSIDY Second Mortgage Developer's Fee $18,375.00 $ 3,0OO.OO $ 64,900.00 $18,375.00 Communi _ty Finance Ci_ty of Delray Beach SHIP THIRD MORTGAGE OTHER CREDITS Estimated cash from/to borrower (Lender 1003) $ 1,000.00 $ 1,000.00 $...2,197.00 Lot Deposit Seller Credit ATLANTIC GA TEWA Y MINI PARKS /' SW DELRA Y FULL SERVICE CENTER r 1ST 2ND 3RD SW 4TH AVENUE ST, ST ST S w 3RD CT ST AUBURN CIRCLE NORTH CITy OF DELRAY BEACH, FL PLANNING & ZONING DEPAR"~,'IENT FIRST TIME HOMEBUYER CARVER PARK, LOT 24, BLOCK 2 -- D/GIF',~L 4~,45E ~ SX~TE.~ -- MAP REF LM443 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Kenneth L. Thomas, Community Development Administrator Lula Butler, Community Improvement DirectOr February 1,2001 Applicant (Carla Williams) is requesting the City of Delray Beach to subordinate its second mortgage position. ITEM BEFORE THE COMMISSION City Commission authorization and approval to subordinate its second mortgage in the amount of $16,047.00, to allow Ms. Williams to secure a new loan to build a single family home. BACKGROUND Ms. Williams was approved for a mortgage (in the amount of $52,000) on November 26, 1997. The City provided Ms. Williams with a (forgivable) first time homebuyers subsidy in the amount of $16,164.35 (State SHIP - $4,931.45 / Federal HOME - $11,232.90). In addition, the Federal Home Loan Bank (FHLB) of Atlanta provided $3,000.00 in grant funding. A total of $19,164.35 was expended to assist Ms. Williams with the purchase of a new home. Unfortunately, the construction agreement to build Ms. Williams home was not fulfilled. Therefore, Ms. Williams was forced to find a new builder to construct her home. However, over the past two (2) years Ms. Williams had been unable to secure a new builder to construct a home within her approved mortgage amount. Nevertheless, with the assistance of the Community Development Division, Ms. Williams has now signed a new contract with Best Real Estate, Incorporated to build her new home. A new mortgage contract is required to complete the transaction. Therefore, a new Satisfaction of Promissory Note and Subordination Agreement will require signature and recordation. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. Therefore, the agreement will remain recorded as a covenant to the property until February 7, 2011. RECOMMENDATIONS Staff is recommending City Commission approval to subordinate its second mortgage position to allow the applicant to obtain a new mortgage for construction of a single family home. Agenda Item No.: ~'. AGENDA REQUEST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda xxxxx Consent Agenda Date: February 1, 2001 When: February 6, 2001 Description of item: Authorization and approval to subordinate the City's second mortgage position. Recommendation: Staff recommends approval of subordinating the City's second mortgage position. CDBG Total: $16,047.00 Account Number: Department Head Signature: ~~_/~/~~~:~~_ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM t~'/-.' - REGULAR MEETING OF FEBRUARY 6~ 2001 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER DATE: TREATMENT AND DISPOSAL BOARD ACTIONS FEBRUARY 1, 2001 This is before the City Commission to ratify the actions taken by the South Central Regional Wastewater Treatment and Disposal Board on January 18, 2001. By a vote of 7 to 0, the SCRWTD Board approved the following: Authorization to renew contract with New Look Lawn Services dated March 1, 2000, for the sum of $1,400 per month for the North Area, and an additional sum of $1,000 per month for the South Area, with the contract to be in effect for one (1) year with the ability to extend for an additional one (1) year term; Authorization to enter into a contract with Arrow Building & Maintenance, Inc., commencing March 1, 2001, for the sum of $310.00 per month for janitorial services, with the contract to be in effect for one (1) year with the ability to extend for an additional one (1) year term; Authorization to expend $15,000 from the Repair & Replacement Fund for the purchase of a Vogelsang sludge pump and gear motor; · Authorization to expend $11,000 from the Repair & Replacement Fund to install a Vogelsang rota cutter in waste line to centrifuges; Authorization to expend $15,000 from the Repair & Replacement Fund, on an emergency basis, to replace and upgrade "A" Plant scrubber system, including control panel upgrade, resurfacing pads and drain system, and reconditioning scrubber fan and motor drive; Authorization to expend $15,000 from the Repair & Replacement Fund, on an emergency basis, to repair nine (9) 20" Dezurik plug valves in "A" Plant RAS building; and · Authorization to expend $3,000 from the Repair & Replacement Fund, on an emergency basis, to replace "B" Plant RAS meter. Recommend ratification of the actions approved by the SCRWTD Board on January 18, 2001. Ref:Agmemo 16.SCRWTD Board Action of 01.18.01 BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 Fax (561) 265-2357 E-mail: scrwwtp@ ix.netcom.com MEMORANDUM TO: FROM: DATE: City Clerk's Office, City OF Delray Beach Mary Ann Shumilla January 22, 2001 RE: RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Quarterly Annual Meeting of January 18, 2001 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 18, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 18, 2001, by a vote of 7-0, approve AUTHORIZATION TO RENEW CONTRACT WITH NEW LOOK LAWN SERVICES DA TED MARCH 1, 2000 FOR THE SUM OF $1,400. PER MONTH FOR THE LENGTH OF THE CONTRACT IN THE NORTH AREA AND AN ADDITIONAL SUM OF $1,000 PER MONTH LENGTH OF THE CONTRACT IN THE SOUTH AREA. CONTRACT WILL BE IN EFFECT FOR (1) YEAR BUT MA Y BE EXTENDED FOR AN ADDITIONAL (1) TEAR TERM. 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 DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 18, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 18, 2001, by a vote of 7-0, approve AUTHORIZATION TO ENTER INTO CONTRACT WITH AAROW BUILDING & MAINTENANCE, INC. DA TED MARCH 1, 2001 FOR THE SUM OF $310.00 DOLLARS PER MONTH OF JANITORIAL SERVICES. CONTRACT WILL BE IN EFFECT FOR ONE YEAR BUT MA Y BE EXTENDED FOR AN ADDITIONAL (1) ONE YEAR TERM. 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 DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 18, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 18, 2001, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ~;15,000. FROM REPA/R & REPLACEMENT FUND TO PURCHASE VOGELSANG SLUDGE PUMP AND GEAR MOTOR. 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 DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 18, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 18, 2001, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $11,000. FROM REPAIR & REPLACEMENT FUND TO INSTALL A VOGELSANG ROTA CUTTER IN WASTE LINE TO CENTRIFUGES. 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 DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 18, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 18, 2001, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $15,000. FROM REPAIR & REPLACEMENT FUND ON AN EMERGENCY BASIS TO REPLACE AND UPGRADE "A" PLANT SCRUBBER SYSTEM INCLUDING CONTROL PANEL UPGRADE, RESURFACING PADS AND DRAIN SYSTEM AND RECONDITIONING SCRUBBER FAN AND MOTOR DRIVE. 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 DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 18, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 18, 2001, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $15,000. TO REPAIR 9-20" DEZURIK PLUG VALVES FROM REPAIR AND REPLACEMENT FUND ON AN EMERGENCY BASIS IN "A" PLANT RAS BUILDING. 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 DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 18, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 18, 2001, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ;~3,000. FROM REPAIR & REPLACEMENT FUND ON AN EMERGENCY BASIS TO REPLACE "B" PLANT RAS METER. 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 DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ( '~'t'i AGENDA ITEM ~/~ - REGULAR MEETING OF FEBRUARY 6~ 2001 RESOLUTION NO. 7-01 (INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS) FEBRUARY 2, 2001 Attached is a request from the Treasure Coast Regional Planning Council requesting support for the Florida Regional Councils Association's efforts to increase the annual budgetary appropriation for regional planning councils. Resolution No. 7-01 expresses the City Commission's support for increased funding (from $2.7 million to $3 million) and recurring funding for regional planning councils in the Department of Community Affairs base budget. Regional planning councils provide a wide range of services and assistance in support of local government initiatives and programs. The City recently contracted with the Treasure Coast Regional Planning Council to have that agency conduct the formal charrette process for the Downtown Business District Plan. We recognize the valuable services provided by regional planning councils and recommend support of the resolution. Recommend approval of Resolution No. 7-01 supporting increased funding for regional planning councils. Ref. Agmemo 14.Res.7-01 .Increased Funding for Regional Planmng Councils RESOLUTION NO. 7-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS. WHEREAS, the City Commission of the City of Delray Beach, Florida, strongly supports adequate funding of regional planning councils in the State of Florida; and WHEREAS. the City Commission recognizes that regional planning councils are required to perform numerous state-mandated economic development, growth management. emergency management, technical assistance, interlocal dispute resolution functions, and other important statutory duties directed by the Legislature; and WHEREAS, the City Commission recognizes that regional planning councils also provide a wide range of services and assistance in support of local government initiatives and programs: and WHEREAS, the City Commission believes that the State of Florida is disproportionately relying on local dues and revenue from local government to support regional planning councils x~hich has resulted in the reduction of many regional and local programs and initiatives: and WHEREAS, the City Commission believes that the State of Florida's responsibility for supporting regional planning councils should be increased and shared more equally bet~ een the state and its local governments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS' Section 1. That the Delray Beach City Commission hereby requests that the Legislature support the Florida Regional Councils Association budget request for recurring funding for regional planning councils as a $3.0 milhon line item in the Department of Community Affairs base budget. Section 2. That the City Clerk is directed to distribute copies of this resolution to the Honorable Governor Jeb Bush, the Treasure Coast Regional Planning Council, and the Florida Regional Councils Association. Section 3, That this resolution shall take effect immediately upon adoption. TREASURE COAST REGIONAL :PLANNING COUNCIL INDIAN RIVER - MARTIN - PALM BEACH - ST. LUCIE J/iN ? 0 MEMORANDUM From: Date: Council Members, Alternates, and Treasure Coast Region Local Govemments Michael J. Busha, Executive Director January 22, 2001 Subject: Resolution in Support of Funding for Regional Planning Councils At its January 19, 2001 meeting, Council passed Resolution 01-0I in support of the state providing a more proportionate share of funding for regional planning councils (see attached). Council is requesting that its local governments adopt a similar resolution (sample attached) and forward a copy to: The Honorable Jeb Bush, Governor The Executive Office of the Governor The Capitol Tallahassee, FL 32399-0001 Michael J. Busha, Executive Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, Florida 34994 Sheri Coven Florida Regional Councils Association 314 East Central Avenue, Room 119 Blountstown, Florida 32424 If you need additional information or assistance please feel free to contact me. Thank you. Attachment "B~in~ing Communities Together" * Est. I 9 7 6 501 East Ocean Boule~ ard - Suste 300 = Stuart, Flor~ da .~ 4994 Phnne {561) 221-4060 - SC 269-4060 - Fax (S&i) 221-4067 - E-ma~l - adman(~!tcroc.or~ Section 1: The Treasure Coast Regional Planning Council hereby requests the Legislature support the Florida Regional Councils Association budget request for recurring funding for regional planning councils as a $3.0 million line item in the Department of Community Affairs base budget. Section 2: The Treasure Coast Regional Planning Council is directed to distribute copies of this resolution to the Honorable Governor Jeb Bush; the Martin, Palm Beach, St. Lucie, and Indian River County Legislative Delegations; Department of Community Affair's Secretary Steve Seibert, and the Executive Director of the Florida Regional Councils Association. Section 3: This Resolution shall take effect immediately upon adoption by the Treasure Coast Regional Planning Council. ADOPTED THIS 19TM DAY OF JANUARY, 2001. ATTEST: Chairman Dennis Armstrong~ 2001. PASSED AND ADOPTED in regular session on this the 6th day of February. ATTEST: MAYOR City Clerk 2 Res No 7-01 RESOLUTION 01-01 RESOLUTION OF THE TREASURE COAST REGIONAL PLANNING COUNCIL SUPPORTING INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS WHEREAS, the Treasure Coast Regional Planning Council strongly supports adequate funding of regional planning councils in the State of Florida; and WHEREAS, the Treasure Coast Regional Planning Council recognizes that regional planning councils are required to perform numerous state-mandated economic development, growth management, emergency mv~nagement, technical assistance, interlocal dispute resolution functions, and other important statutory duties directed by the Legislature; and WHEREAS, the Treasure Coast Regional Planning Council recognizes that regional planning councils also provide a wide range of services and assistance in support of local government initiatives and programs; and WHEREAS, the Treasure Coast Regional Planning Council believes the State ~s disproportionately relying on local dues and revenue from local government to support regional planning councils which has resulted in the reduction of many regional and local programs and initiatives; and WTriEREAS, die Treasure Coast Regional Plar-iing Comncil believes the State's responsibility for supporting regional planning councils should be increased and shared more equally between the State and its local governments. NOW, THEREFORE BE IT RESOLVED BY THE TREASURE COAST REGIONAL PLANNING COUNCL CONTAINING THE COUNTIES OF PALM BEACH, MARTIN, ST. LUCIE AND INDIAN RIVER, THAT: TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To. From: Date: Subject: Council Members Staff January. 19, 2001 Council Meeting Regional Planning Council Funding Request AGENDA ITEM 8 Introduction The Florida Regional Councils Association (FRCA) has authorized its Executive Director to submn a legislative budget request this session to increase the regional planning council annual appropriation by 23 percent, or from $2.2 million to $2.7 million. Florida's local governments are the primaD beneficiary of this request. An increase in funding ~ould allow regional planning councils to fulfill their state-mandated statutory obligations x~ithout subsidy from local dues and reserves Backeround Regional planning councils perform legislative- or state-mandated functions under 14 d~fferent Chapters of the Florida Statutes. Most of these functions are in the area of economic development, urban redevelopment, transportation, dispute resolution and growth management. On behalf of the Legislature and Governor's office, the Department of Community Affairs contracts with each regional planning council to perform these state-mandated functions. State funding provided to regional planning councils to perform these functions has. on average, remmned constant at $2.2 million statewide since 1985. Accommodating Council's increasing state-mandated workload has required increased use of local dues to subsidize the work. In 2000, this local subsidy came to $3.8 million or 63 percent of the actual cost of carrying out regional planning councils' mandated responsibilities. While this subsidy allows necessary, planning functions related to growth management to be carried out, there are many other regional and 4ocal programs and initiatives that go unfunded or are inadequately funded because local revenue has been depleted. Justification for Request Justification for this legislative budget request is there has not been a consistent increase in regional planning council funding since 1985, in spite of increasing regional needs. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~. AGENDA ITEM t~/~/' ~ REGULAR MEETING OF FEBRUARY 6, 2001 RESOLUTION NO. 8-01 FEBRUARY 1, 2001 This is a resolution assessing costs for abatement action required to remove nuisances on twenty-three (23) 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. 8-01. RefAgmemol 5 Res8-01 NmsanceAbatcment RESOLUTION NO. 8-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT~ SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT ~ 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 determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 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 must 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, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s)~ and, WHEREAS, the City of Delray Beach, through the City A~ministration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice~ and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved~ and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 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 upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach 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 ann%un, 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 Res No 8-01 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of · 2001. MAYOR ATTEST: City Clerk Res. No. 8-01 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT N 1/2 Of LOT 5, BLOCK 30, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 16 01 030 0051 (125 SW 5th AVENUE) Cust ID # 535 AMY CHARLOW 125 SW 5TH AVENUE DELRAY BEACH, FL 33444 $ 58 93 $ 70 00 ADM FEE ATLANTIC GARDENS DELRAY, LOT 6, BLOCK 9, PB 14, P 63, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 17 23 009 0060 (SW 11th AVENUE) Cust ID # 382 P. & GENEVA ROBINSON & E & DELORIS ROBINSON, JR PO BOX 1233 BOYNTON BEACH, FL 33425 $ 66 90 $ 7O 00 ADM FEE TOWN OF DELRAY, LOTS 22 TO 26, INC, BLOCK 15, PB 13, P 18, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 16 01 015 0220 (SW 7th AVENUE) Cust ID # 192 ALVAN E MCFORD 17831 NW47TH AVENUE CAROL CITY, FL 33055-3255 $ 67.93 $ 70 00 ADM FEE SEC 17-46-43, S 50 FT OF W 135 FT (LESS W 25 FT RD R/W) OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 17 42 006 0090 (1119 NW 1st STREET) Cust ID # 92 ETHEL SCOTT, ESTATE PO BOX 245 RUSHVILLE, NY 14544-0245 $ 40.95 $ 70.00 ADM FEE LA HACIENDA, DELRAY, LOT 31, BLOCK D, PB 15, P 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 09 11 004 0310 (717 SOUTH LAKE AVENUE) Cust ID # 7982 PEGGY STYLES ESTATE cio HARRIET RAE FREEMAN 105 S NARCISSUS AVE #412 WEST PALM BEACH, FL 33401 $ 50 95 $ 70 00 ADM FEE Res No 8-01 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE TOWN OF DELRAY, LOTS 6 & 7, BLOCK 15, PB 13, P 18, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 16 01 015 0060 (SW 7Tth AVENUE) Cust ID# 148 LUCIUS SIMMONS 1657 GLENCOVE AVENUE NW PALM BAY, FL 32907-8612 $ 58 93 $ 6O 00 ADM FEE TROPIC ISLE 3RD SECTION, LOT 317, PB 25, P 37, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 28 03 000 3170 (GARDENIA DRIVE) Cust ID 8171 JOHN FORTI 1447 BANKS ROAD MARGATE, FL 33063 $ 44 00 $ 70 00 ADM FEE ESTATES MANGO DE PARIS, LOT 12, PB 74, P 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 08 31 000 0120 (NW 13Tth STREET) Cust ID # 8347 JOHN R CAHORSHAK & DOTTLE A CAHORSHAK DELRAY BEACH, FL 33445 $ 75 90 $ 7O 00 ADM FEE ESTATES MANGO DE PARIS, LOT 13, PB 74, P 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 08 31 000 0130 (NW 13Tth STREET) Cust ID # 8347 JOHN R. CAHORSHAK & DOTTLE A CAHORSHAK DELRAY BEACH, FL 33445 $ 84.65 $ 70 00 ADM FEE SOUTHRIDGE, LOT 15, BLOCK 7, PB 13, P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 20 13 007 0150 (VACANT LOT EAST OF 631 SOUTHRIDGE RD) Cust D#4635 JAMES P BENNETT 9110 SOUTHMONT CV # 202 FORT MEYERS, FL 33908-6290 $ 50 95 $ 70 00 ADM FEE 5 Res No 8-01 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE TOWN OF DELRAY, S 1/2 OF LOT 5, BLOCK 30, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 16 01 030 052 (129 SW 5th AVENUE) ICust. ID # 88 ETHEL MACKEY cio SHIRLEY M. WALLACE 1120 NW 64TH STREET MIAMI, FL 33150-4231 $ 50.95 $ 70 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, PUBLIC :RECORDS OF PALM BEACH COUNTY, FL 12 43 46 16 01 024 0040 322 SW 5Tth AVENUE) Cust ID # 187 ADELENE JENKINS PO BOX 1993 DELRAY BEACH, FL 33447 $ 50.95 $ 7O 00 ADM FEE DELL PARK, LOT 24, BLOCK 4, PB 8, P 56 :PUBLIC RECORDS OF PALM BEACH .COUNTY, FL 12 43 46 09 28 004 0240 (217 NE 12Tth STREET) Cust ID # 307 MAUREEN MAAS 3558 LONE PINE ROAD DELRAY BEACH, FL 33445 $ 50 95 $ 7O 00 ADM FEE DELRAY SHORES, LOT 25, BLOCK 2, PB 24, P 233, :PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 07 01 002 0250 (575 ANGLER DRIVE) Cust ID # 7184 SECRETARY HOUSING & URBAN DEVELOPMENT 909 SE 1ST AVENUE #500 MIAMI, FL 33131 5O 95 70 00 ADM FEE SUB SEC 8-46-43 E 60 FT OF W250 FT OF S 135 FT OF W 1/2 OF S 1/2 OF LOT 5, PB 1, P 3 , PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 08 21 000 0620 (709 NW 4Tth STREET) Cust. ID # 7378 JOHN D WELLS 310 WASHINGTON AVENUE DELRAY BEACH, FL 33444 $ 58 93 $ 70 00 ADM FEE Res No 8-01 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE SOUTHRIDGE, LOTS 47 &48, BLOCK 1, PB 13, P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 20 13 001 0470 (1112 SOUTH SWINTON AVENUE) Cust ID 8596 NATACHA LOUIS & MARIE N ALEXIS 1112 SOUTH SWlNTON AVE DELRAY BEACH, FL 33444 $ 107.80 $ 70 00 ADM FEE TOWN OF DELRAY, N 58 FT OF S 312.12 FT OF E 135 FT, BLOCK 10, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 01 010 0081 (NW 6th AVENUE) Cust ID# 160 IVERSON LASTER PO BOX 1225 BOYNTON BEACH, FL 33425 83 88 70 O0 ADM FEE SUNSET PARK DELRAY, LOT 51, PB 45, P 59, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 20 16 000 0510 .'1015 MANGO DRIVE) .~ust ID # 524 ENRIQUE C RAMPS & AMPARO RAMOS BOCA RATON, FL 33433 58 93 60 O0 ADM FEE FAIRCREST HEIGHTS AMND PLAT, LOT 53, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 20 09 000 0530 (2147 SW 36th TERRACE) Cust ID # 525 YOLLY P VERZOSA 1090 AMSTERDAM AVE. #7 k NEWYORK, NY 10025-1737 $ 59 95 $ 7O 00 ADM FEE TOWN OF DELRAY, S 75 FT OF W 135 6 FT OF BLOCK 39, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 16 01 039 0060 (315 SW 3rd STREET) Cust ID 5419 ATUNE ENTERPRISES, INC 3477 JUPITER BLVD PALM BAY, FL 32909-4102 $ 58 93 $ 70.00 ADM FEE Res No 8-01 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE TOWN OF DELRAY, S 50 FT OF N 315 FT OF W 135 FT OF BLOCK 26, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 16 01 026 0210 227 NW 5th AVENUE) KANZIM ALLI 617 NORTH DIXIE HIGHWAY LAKE WORTH, FL 33460 58 93 70 00 ADM FEE r'ROPIC PALMS PLAT NO 2, LOT 541, PB 25, P 137, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 29 04 000 5410 (656 EAGLE DRIVE) Cust ID # 8627 GLENN C TROELSTRUP EST cio JOHN TROELSTRUP, EXEC 1140 LAKE STR STE 300 OAK PARK, IL 60301 $ 44 00 $ 70 00 AMD FEE SEACREST PARK, LOT 1, BLOCK 8, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12 43 46 04 21 008 0010 (2119 NORTHRIDGE ROAD) Cust ID # 8503 MANUEL QUEVEDO, JR & JAIME QUEVEDO 2119 NORTHRIDGE ROAD DELRAY BEACH, FL 33444 $ 58 93 $ 70 00 ADM. FEE VIOLATION IS SEC 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE 8 Res No 8-01 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~R4 AGENDA ITEM ~;~.//>- REGULAR MEETING OF FEBRUARY 6, 2001 REVIEW OF APPE^I.ABLE LAND DEVELOPMENT BOARD ACTIONS DATE: FEBRUARY 1, 2001 Attached is the Report of Appealable Land Use Items for the period January 16th through February 2, 2001. It reforms 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. Recmve and file the report as appropriate. RefiApagmemo/Appealables/02.06.01 TO: DAVID_T. HARDEN, CITY MANAGER -- THRU: PArsUL DORLI CTOR OF PLANNING AND ZONING FROM: /JASMIN ALLEN, PLANNER / SUBJECT:' MEETING OF FEBRUARY 6, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JANUARY 16, 2001 THRU FEBRUARY 2, 2001 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of January 16, 2001 through February 2, 2001. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Board. The following items which were considered by the Board, will be forwarded to the City Commission for action. Recommended approval (7 to 0), of a conditional use request to allow the installation and sales of vehicular accessories for Custom Car Works, located within the Seta Delray Center at the northeast corner of Congress Avenue and Dr. Carol Krol Way. Recommended approval (6 to 0, Sowards abstained), of an amendment to the Land Development Regulations regarding parking requirements in the CBD City Commission Documentation Appealable Items Meeting of February 6, 2001 Page 2 (Central Business District) zoning district to accommodate required parking utilizing valet or tandem parking arrangements. [3 Recommended approval (6 to 0, Sowards abstained) to modify conditions of the original conditional use approval for Waterway Village, located at the southwest corner of Federal Highway and Lindell Boulevard. [3 Recommended approval (6 to 0, Sowards left the meeting), of a six-month moratorium on 24-hour businesses in the Downtown Development Authority Area, within the GC (General Commercial) and CBD (Central Business District) zoning districts. Ao Approved (4 to 0 Eliopoulos absent, DeCapito and Perez-Azua arrived late), a request for a color change for Emily Mitchell Building, an existing commercial building, located on the west side of SE 6th Avenue (northbound Federal Highway), between SE Ist and 2nd Streets (160 SE 6th Avenue). B. Approved (4 to 0), requests for color changes for Stahl Properties, two existing commercial buildings located at 542 SE 5th Avenue and 409 SE 6th Street. C. Approved (5 to 0, DeCapito arrived) a request for a color change for Torn Over Shop, an existing commercial building, located at the northwest corner of NE 5th Avenue (southbound Federal Highway) and East Atlantic Avenue (10 NE 5th Avenue). D. Approved (6 to 0 Perez-Azua arrived), the architectural elevation plan for Tropic Isles Townhomes, a proposed 6-unit townhouse development, located at the southwest corner of Frederick Boulevard and Avenue "H". The site plan and landscape plan were previously approved. E. Approved with conditions (6 to 0) a request for a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 3,874 square foot automobile showroom at Ralph Isuzu/Daewoo Dealership, located at the northeast corner of Avenue F and South Federal Highway (2501 South Federal Highway). Concurrently, the Board approved a request to reduce the open space requirement from 25% to 22%. F. Approved with conditions (5 to 0, Dowd left the meeting), a Class V site plan, landscape plan and architectural elevation plan associated with the construction 208 sq. ft. gas station with eight double-sided service islands for Murphy Oil, located within the Wal-Mart Center on the west side of Military Trail. City Commission Documentation Appealable Items Meeting of February 6, 2001 Page 3 G. Denied on a 6 to 0 vote (Sneiderman absent), a request for a flat wall sign for Cheeburger Cheeburger, located on the southwest corner of East Atlantic Avenue and SE 5th Avenue (450 East Atlantic Avenue). Concurrently, the Board approved the request for a color change. H. Approved with conditions (5 to 0, Perez-Azua stepped down), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of 14,800 square foot office development, Dimlo Professional Office Center, located on the north side of West Atlantic Avenue, between the Windy Creek and Villas D' Este subdivisions. Concurrently, the Board approved a waiver reducing the perimeter landscape strip from 5 feet to 4 feet along the east property line. Approved with conditions, a request for a Class II site plan modification (7 to 0), the landscape plan (6 to 1, McDermott dissenting) and architectural elevations and Certificate of Appropriateness (5 to 2, Ames and McDermott dissenting) for Patrick Lynch Residence, located at the northwest corner of State Road A-1-A and Nassau Street. The development proposal involves the construction of a second floor addition on the guest house, a one story addition on the main house and a pool and deck on the east side of the property. Concurrently, the Board granted an internal adjustment (7 to 0), to allow a reduction in the distance between residential buildings from the required 19'11" to 4' 6"; and from 19' 2" to 9'; and, from 16' to 12' 6" respectively. An appeal of the Board's action has been submitted by the adjacent property owners and this item will be considered as a separate agenda item. The Board also approved on a 5 to 2 vote (Ames and McDemott dissenting), two variance requests. The variances which are not appealable by the City Commission are as follows: Reducing the front setback from 25' to 10' 6" to allow a 16' x 34' swimming pool to be constructed. Reducing the side setback from 15' to 10' to allow a two story addition for the use of a 1st floor covered porch and 2nd floor balcony to be constructed on the east side of the existing one story guest house. 2. Approved with conditions (7 to 0), a Class V site plan associated with the Block 69 Municipal Parking Garage, located on the west side of SE 1st Avenue, approximately 250 feet south of East Atlantic Avenue. The landscape plan and architectural elevation plan were tabled to the February 21, 2001 meeting. Concurrently, the Board recommended that the City Commission approve a waiver to reduce the open space requirement from 10% to 8.3%. City Commission Documentation Appealable Items Meeting of February 6, 2001 Page 4 The Board also granted variances pertaining to the front and rear setback requirements. The variances which are not appealable by the City Commission are as follows: Reduced the front setback to allow a minimum of a 1' front yard setback. Reduced the rear setback to allow a minimum of a 5' 6" rear yard setback. Approved ( 7 to 0), a request for a Certificate of Appropriateness associated with the replacement of windows, doom and the roof of a contributing single family residence located at 310 North Swinton Avenue. No other appealable items were considered by the Board. The following item which was considered by the Board will be forwarded to the City Commission for action. Recommended approval (7 to 0), of the designation of the Water House as a historic site and that the site be listed in the Local Register of Historic Places. By motion, receive and file this report. Attachment: · Location Map MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM~(~ - REGULAR MEETING OF FEBRUARY 6, 2001 Awava) OF BIDS _ND CON'r cTs FEBRUARY 1, 2001 This is before the City Commission to approve the award of the following bids and contracts: Bid award in the estimated amount of $87,400 to CSR Rinker for the annual Ready Mix Concrete contract, via joint bid with the City of Boynton Beach, with fundmg from 001-3113- 541-53.90 (Streets Mamtenance - Other Road Materials) and various capital project accounts. Bad award in the esumated amount of $15,680 to Tanner Industries for the annual Anhydrous Ammonia contract for the Water Treatment Plant, vm joint bad w~th the C~ty of Boynton Beach, with fundmg from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). Purchase award in the total amount of $16,800 to Otto Industries, Inc. for the purchase of 588 68-gallon roll garbage carts, with funding from 433-3711-534-49.35 (Sanitation Fund - Cart Renewal & Replacement). 108 of the carts will be delivered free of charge as warranty replacements for defective carts. Contract award in the amount of $702,506.25 to Rosso Pavmg & Drainage, Inc. for the Marry Fladell Drive & N.W. 18th Avenue Improvements, a 2000 Roadway Bond project, with funding in the amount of $338,088.45 from 370-3162-541-65.47 (2000 Roadway Bond Program), $182,148.50 from 448-5470-538-65.47 (Stormwater), and $182,269.30 from 441-5161-536-65.47 (Water & Sewer New Capital). Purchase award in the amount of $30,870.00 to RLS Lighting, Inc. for the purchase of park benches and litter containers to be placed along Pineapple Grove Way (N.E. 2~d Avenue) between Atlantic Avenue and N.E. 4th Street, w~th fundmg in the amount of $11,130 from 433- 3711-534-49.35 (Sanitatton Fund - Cart Renewal & Replacement) and $19,740.00 from 334- 6111-519-65.12 (General Construction Fund - N.E. 2~d Avenue Improvements). Recommend approval of the bid and contract awards listed above. RefiBid.Agmemo 02.06.01 AGENDA ITEM NUMBER. ~'. ~----~. i. AGENDA REQUEST Request to be placed on: February 06, 2001 Date: January 26, 2001 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Bid Award - Bid #2001-02 - Ready Mix Concrete - Annual Contract -joint bid with the C~ty of Boynton Beach with the C~ty of Delray Beach as the lead entity for this joint bid Recommend award to CSR Rinker at an estimated annual usage of $87,400 for the City of Delray Beach ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to CSR Rinker for the purchase and delivery of Ready Mix Concrete for an estimated annual usage of $87,400 Funding from account code 001-3113-541-53.90 and various Capital ProJect Accounts. Department Head Signat~ ~,.~'~ Determination of Consistency ~,~J~,;omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all~tem~nvcjlvin~ expenditure of funds): Funding available: Yes Funding alternabves: Account Number: Account Descnption: Account Balance: City Manager Review: Approved for agenda~) Hold Until: Agenda Coordinator Review: Received: Action. Approved (if applicable) /c~ No Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn~Purchasing Superviso Joseph Saf~i~ance Director January 26, 2001 DOCUMENTATION - CITY COMMISSION MEETING FEBRUARY 06, 2001 - BID AWARD BID #2001-02 - READY MIX CONCRETE - ANNUAL CONRACT Item Before Commission: City Commission is requested to approve award of Bid #2001-02 to CSR Rinker for the purchase and delivery of ready mix concrete for an estimated annual usage of $87,400. Background: One bid was received on November 28, 2000, all in accordance with City Purchasing Policies and Procedures. (Bid #2001-02 on file in the Purchasing Office). The City of Delray Beach is the lead entity of this joint bid with the City of Boynton Beach. The bid package was requested by three (3) vendors. Purchasing placed a call to the two (2) vendors who did not submit a bid questioning why they did not submit a bid package. See attached memo dated December 18, 2000 to the Deputy Director of Public Works. The Deputy Director of Public Works recommends award to CSR Rinker as the sole bidder as stated on attached memo dated January 19, 2001. The City of Boynton Beach is in agreement with this recommendation per attached memo dated January 19, 2001. Recommendation: Purchasing staff recommends the award to CSR Rinker, at an estimated annual cost of $87,400. Funding from account code #001-3113-541-53.90 and various Capital Project Accounts. Attachments: Memo Dated 12/18/01 to Deputy Director Public Works Memo Dated 12/18/01 from City of Boynton Beach Memo Dated 01/19/01 from Deputy Director of Public Works TO: FROM: MEMORANDUM RECEIVE D 1 g 2001 Jackie Rooney, Purchasing Supervisor q~ttCkl~JNG, DEPT. Hoyt Owens, Deputy Director Public Works ~ DATE: January 19, 2001 SUBJECT: READY MIX CONCRETE BID # 2001 - 02 ANNUAL CONTRACT I have reviewed the sole bid that was received for the subject contract. It is my recommendation to award the contract to the sole respondent, CSR RINKER, for estimated quantities listed in the bid specifications at $87,400. It is my understanding from you that the City of Boynton Beach has accepted this sole source cooperative bid, as well. If you have any questions, please call. C: Bob Barcinski Harold Bellinger a:rooney 011901 bid 2001- 02 diskl7 TO: VIA: FROM: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM #01-011 Bill Atkins, Deputy Finance Director Jeffrey Livergood, Public Works DirectorC~- "~[/ George Mantell, Street~ Maintenance Supervisor January 19, 2001 Ready Mix Concrete Bid Award RECEIVED JAN ~.~ 2OOl Please award this Join! Bid with the City of Delray Beach (Defray Bid//2001-02) to the only responsive bidder, CSR RINKER, to reflect the following estimated expeditures. 3.000 PSI 'I'_vp_ c I R~dy Mix: 50 cubic yards ('3 $67.00 per cubic yard Budget Account tt001-2512-541-53.10 $3,350 2,~00 PSI Regulgr Stalnp Mix: 150 cubic yards ~ $67.00 per cubic yaxd Budget Account #001-2512-541 ~53-10 = $10,050 Please contact me if you need any additional PIdGM/pl £1T¥ OF DELHi:I¥ PURCHASING DIVISION TO: FROM: THROUGH: SUBJECT: DATE: Attached is a 28, 2000, for Hoyt Owens, Deputy Director Public Works Jackie Rooney, Purchasing Supervisor ~ Joseph~nance Director Bid #2001-02 Purchase and Delivery of Ready Mix Concrete Joint Bid with City of Boynton Beach December 18, 2000 copy of the one bid received in Purchasing on Tuesday, November above referenced bid. The bid was advertised in the Palm Beach Post on November 05, 2000 and "Invitations to Bid" were mailed to thirty-three (33) vendors on October 31, 2000. The bid package was requested and picked up by three vendors. I placed a call to the other two vendors questioning as to why they did not submit a bid, and received following responses: 1- Florida Rock - Dennis Wicker - "Didn't want to bid - have too much other work in South Florida scheduled this year". 2 -Hatcher Construction Development Inc. - Mr. William Hatcher -"We don't do such service as we are a construction company". Please review and forward to Purchasing your award recommendations and I will proceed with the Commission Agenda package. If you have any questions, you may contact me at ext. 7163. Attachments Cc: Karen Riseley, Buyer, City of Boynton Beach Purchasing BID SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) DELRAY BEACH AII-AmericaCity 1993 Bid # 2001-02 Opening Date: Tuesday, November 28, 2000 TITLE: Purchase & Delivery of Ready Mix Concrete - Term Contract NhME/~ITLE ' ADDRESS ! S TA TE ZIP CODE DATE TELEPHONE FACSIMILE VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: NAME: '5. /c,,_ TELEPHONE: 28 SCHEDULE OF PRICING BID #2001-02 READY MIX CONCRETE ANNUAL CONTRACT CITY OF DELRAY BEACH ESTIMATED ANNUAL QUANTITIES: Item Estimated Unit . # Description Annual Usage Cost Extended Cost 1. 2,500 PSI Type 1ReadyMix __500 CY $ ~"-OO /CY (2,500, 28 days strength) PSI 2. 3,000 PSI Type 1 Ready Mix __100__ CY $ (~7. CO / CY (3000, 28 days strength) PSI 3. 4,000 PSI Type I Ready Mix __100 CY $ 7'/00 / CY (4,000, 28 day strength) PSI 4. 100 PSI Flowable Fill Ready Mix __ 50 CY $ PJ/f/ (100, 28 day strength)PSI /CY o 3,000 PSI - Pearock Pump Mix __100__ CY $ ICY $ ,7 oo. oo o 2500 PSI Regular Stamp Mix 500 cY $ l Zoo/c¥ GRAND TOTAL BID PRICE FOR CITY OF DELRAY BI~ACH 25 SCHEDULE OF PRICING CONTINUED NEXT PAGE: CITY OF BOYNTON BEACH ESTIMATED ANNUAL OUANTITIE~: Item Estimated Unit # Description Annual Usage Cost 2,500 PSI Type 1 Ready Mix (2,500, 28 days strength) PSI 1. N/A CY $ /CY $ Extended Cost 2. 3,000 PSI Type 1 Ready Mix __ 50 ....CY $ (3000, 28 days strength) PSI 3. 4,000 PSI Type I Ready Mix N/A__CY $ (4,000, 28 day strength) PSI 4. 100 PSI Flowable Fill Ready Mix __N/A..._CY $ /CY $ 5. 3,000 PSI - Pearock Pump Mix __N/A CY $ /CY $ 6. 2500 PSI Regular Stamp Mix __150__ CY $ 07. 05~/CY GRAND TOTAL BID PRICE FOR CITY OF BOYNTON BEACH SCHEDULE OF PRICING CONTINUED ON NEXT PAGE ........ 26 DELIVERY WITHIN 24 HOURS AFTER RECEIPT OF ORDER? YES NO EXCEPTION TO 24 HOUR NOTICE? IF SO, PLEASE NOTE BELOW: A/q~a~Y~ADDITIONAL DELIVERY CHARGES, IF APPLICABLE: NOTE: UNIT PRICE PER ITEM SHALL BE FIRM THROUGH THE CONTRACT PERIOD AND SHALL BE QUOTED F.O.B. DESTINATION, CITY OF DELRAY BEACH, AND/OR CITY OF BOYNTON BEACH. 27 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: February 06, 2001 Date: January 26, 2001 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda Description of agenda item: Bid Award - Bid #026-2821-01/KR -Anhydrous Ammonia -Annual Contract- City of Boynton Beach Co-op Bid to Tanner Industries at an estimated annual cost of $15,680 for the City of Delray Beach Water Treatment Plant ORDINANCE/RESOLUTION REQUIRED. YES Draft Attached: YES Recommendation: NO NO City Attorney Review/Recommendation (if applicable): Budget Director Review (required on acltJte.~__inv?lvirt~g expenditure of funds): Funding available' Yes v,/ .,/~ No Funding alternatives' Account Number: Account Descripbon: Account Balance. City Manager Review: Approved for agenda:~ Hold Until. Agenda Coordinator Review: Received: Action: Approved 0f applicable)  No Disapproved Award to Tanner Industries for the purchase of anhydrous ammonia at an estimated annual usage of $15,680 via the City of Boynton Beach Co-op Bid #026-2821-01/KR. Funding from account code 441-5122-536-52.21. Determination of Consistency~ith Comprehensive Plan: x MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing SupervisorC~ Joseph Sa~~ance Director January 26, 2001 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING FEBRUARY 06, 2001 - BID AWARD BID #026-2821-01/KR- CITY OF BOYNTON BEACH CO-OP BID FOR ANHYDROUS AMMONIA Item Before Commission: The City Commission is requested to approve award to the Tanner Industries for the purchase of Anhydrous Ammonia for the Water Treatment Plant at an estimated annual cost of $15,680 via the City of Boynton Beach Co-op Bid #026-2821/KR. Background: The City of Boynton Beach is the lead agency for this co-operative bid. Bids were received on January 04, 2001 from one (1) vendor based on estimated annual quantities of the participating governmental entities for this co-op bid. (Documentation of file in the Purchasing Office.) A bid tabulation is attached for your review. The City of Boynton Beach recommends award to Tanner Industries at $.224 per lb. See attached memo dated January 19, 2001 to members of the Co-operative Purchasing Council of Palm Beach County. This award is scheduled for the City of Boynton Beach Council Agenda meeting of February 20, 2001. Tanner Industries is our current vendor for ammonia at $.204 per lb. The Manager of the Water Treatment Plant has reviewed the bid received and recommends award to Tanner Industries per attached memo dated January 12, 2001. Recommendation: Purchasing staff recommends award to Tanner Industries for the purchase of Anhydrous Ammonia via the City of Boynton Beach Co-op Bid #026-2821-01/KR at an estimated annual usage of $15,680 for the City of Delray Beach. Funding from account code 441-5122-536- 52.21. Attachments: Memo from City of Boynton Beach dated January 19, 2001 Recommendation Memo dated January 12, 2001 Memo from City of Boynton Beach dated January 04, 2001 of Boynton Beach Procurement Services I00 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6320 FAX: (561) 742-6306 MEMORANDUM TO: FROM: DATE: SUBJECT: ALL PARTICIPATING ENTITIES (see distribution list) KAREN RISELEY, BUYER ~ ] .,~ J JANUARY 4, 2001,et.?ltttff,[~___~,7 CO-OP ANHYDROUS AMMONIA BID #026-2821-01fKR The above mentioned bid opened on January 4, 2001. Tanner Industries, Inc. submitted the only bid with a price of $0.224 per pound. I have enclosed a copy of the proposal, tabulation sheet, No Bid Listing, and Bidder's Sign-In Sheet for your review. As soon as I receive an award recommendation from out Utilities Department, I will notify you. If you have any questions, please do not hesitate to call. Distribution List: City of Belle Glade, Chuck Stamm City of Boca Raton, Lynn Kunkel City of Delray Beach, Jackie Rooney City of Lake Worth, Tom Anderson City of Pompano Beach, Leeta Hardin City of Riviera Beach, Carl Staley Village of Tequesta, Matthew Morrison NAME OF BID: CO-OP ANHYDROUS BID DATE: JANUARY 4, 2001 BID TIME: 10:00 A.M. (LOCAL TIME) BID #: 026-2821-01/KR STATEMENT OF "NO BIDS" LISTING VENDOR REASON AMERICAN WATER CHEMICALS 5912-F BRECKENRIDGE PARKWAY TAMPA, FL 33610 CHENEY LIME & CEMENT COMPANY P.O. BOX 57605 JACKSONVILLE, FL 32241 JCI JONES CHEMICALS, INC. 1800 NW 22~ STREET FT. LAUDERDALE, FL 33311 LAZENBY AND ASSOCIATES 1219 CLEBURNE DRIVE FT. MYERS, FL 33919 LESLIE'S SWIMMING POOL SUPPLIES 20630 PLUMMER STREET P.O. BOX 2108 CHATSWORTH, CA 91311-2108 THE POOL SOLUTION, INC. 3201 INVERRARY BLVD. WEST LAUDERHILL, FL 33319 SEVERN TRENT SERVICES 5415 W. SLIGH AVENUE, #102 TAMPA, FL 33634 SULPHURIC ACID TRADING COMPANY, INC. (SATCO) 102 W. WHITING STREET, SUITE 500 TAMPA, FL 33602-5140 THEOCHEM LABORATORIES, INC. 7373 ROWLETT PARK DRIVE TAMPA, FL 33610 WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT. WE ARE A PRODUCER OF LIME PRODUCTS ONLY. WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT RESPECTFULLY SUBMITS A "NO BID", WISHES TO REMAIN ON VENDOR LIST WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT 0 0 ! AGENDA ITEM NUMBER: Request to be placed on: Consent Agenda When: February 6, 2001 Description of agenda item: AGENDA REQUEST Special Agenda Date: January 30, 200t Workshop Agenda City Commission is requested to approve the award to Otto Industries, Inc. for the purchase of 588 Otto MSD-682, 68 gallon roll garbage carts for a total amount of $16,800 108 of these carts will be delivered free and of no charge to the City to replace carts that were reported as damaged. ORDINANCE/RESOLUTION REQUIRED. YES Draft Attached: YES NO NO Recommendation: The Code Enforcement Administrator and the Purchasing staff recommend the purchase award to Otto Industries, Inc for a total amount of $16,800. Funding for this purchase wdl be taken from account code 433-3711-534-4935. ~,, Department Head Signatu~ _ ~' Determination of Consistency wUJ~'Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Funding alternatives: Account Number: Account Descripbon: Account Balance: City Manager Review: Approved for agenda' ~ Hold Until: Agenda Coordinator Review: Received' Action: Approved Director Review (required on all it~eIl~inv~lvi~ expenditure of funds): I° r Funding available: Yes (if applicablel No Disapproved P.O. NUMBER: PURCHASING DIVISION MEMORANDUM TO: FROM' THROUGH. DATE: David T Harden, City Manager Jennife~~Buyer Joseph ~ance Director January 30, 2001 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING, FEBRUARY 6, 2001 PURCHASE OF GARBAGE CARTS FROM OTTO INDUSTRIES ITEM BEFORE COMMISSION: The City Commission ~s requested to approve the purchase of 588 Otto MSD-682, 68 gallon roll garbage carts from Otto Industries for a total amount of $16,800 including shipping. 108 of these carts wdl be dehvered free and of no charge to the City to replace carts that were reported as damaged. BACKGROUND: The City of Delray Beach is in need of additional garbage carts. The carts will have a forest green body, black lid, rubber bres and will be hot stamped with the City seal and serial numbers. Otto Industries has offered the C~ty of Delray Beach a truckload of 588 carts at $35.00 each including delivery, for a total of $16,800, per their quote dated January 25, 2001. 108 of these carts will be delivered free and of no charge to the City to replace carts that were reported as damaged. The carts wdl ship approximately four to five weeks after receipt of our purchase order. The last order the City placed with Otto Industries was on April 9, 1999, at which time 581 carts were ordered for $39.50 each, no shipping included. Otto Industries is the original vendor the City has been using for the purchase of these carts since their initial "roll-out" in 1996. The Community Improvement Director recommends the purchase award of these garbage carts from Otto Industries, Inc. per her memo dated January 24, 2001. RECOMMENDATION: The Purchasing staff recommends the award to Otto Industries, Inc. for a total cost of $16,800. Funding for this purchase will be taken from account 433-3711-534-4935. Attachments Quote from Otto Industries, Inc. (01/25/01) Memo from Richard Bauer (01/24/01) cc: Jacklyn Rooney, Purchasing Supervisor Richard Bauyer, Code Enforcement Admir~trator MEMORANDUM TO: THRU: FROM: SUBJECT: DATE: Jackie Rooney, Purchasing Supervisor Lula Butler, Community Improvement Director V~'/ _ & Richard Bauer, Code Enforcement Administrator~ PURCHASE REQUISITION FOR GARBAGE CARTS Janua~ 24,2001 Please prepare a Purchase Requisition for the following items: 480 Otto MSD-682 (68 Gallon) roll carts @ $35.00 = $16,800 shipping included. We are obtaining 588 68-gallon carts, which is a full truckload, however 108 of the carts will be supplied free of charge as warranty replacements for defective carts. All carts are to be forest green body, black lid, rubber tires and hot stamped with City seal and serial numbers beginning with the prefix "01." Funding will be from account 433-3711-534.49-35. I believe City Commission approval will be required for the above purchase. Please do not hesitate to contact me if you need assistance or additional information. RB:mh To: .,I-561-243-7166 @ 561-243-7166 From. dtjcurighL (683)215-9866 v~a eFax.c0m P9 2/ 2 01-25-01 04:58 QUOTE- MSD 682's DATE: 1/25/2001 TO: Ms Jackie Rooney COMPANY: City of Delray Beach, FI. FROM: PHONE: 561-243-7163 VOICE MAIL: FAX: 561-24 3-71 66 FAX: David H. Wright OTTO Industries, Inc 12700 General Dr. Charlotte, N.C. 28273 678-432-7558 603-215-9866 Total number of pages. One page Dear Ms Rooney; The following is our quotation with the pricing and availability of Otto Industries' injection-molded residential refuse containers. We are proud to offer the Otto Industries model MSD-682 two-wheeled refuse carts. This is a cart designed to be handled with equal ease by either semi-automated or fully- automated collection equipment The standard 12" wheels and injection-molded design are widely considered the BEST in the industry. We are pleased to quote the MSD-682's at $35.00 each delivered, in truckload quantibes of 588, with Cushion tread wheels. OTTO will include 108 carts at no char_cie to replace carts that the City is reporting as damaged. This is a possibly a one time "Special" on carts thru March 30TM, 2001 and may or may not be extended Otto would be able to manufacture and ship these containers within approximately four to five weeks from the receipt of your purchase order. Thank you for your consideration of the carts manufactured by Otto Industries. I look forward to doing business with you in the very near future. You may reach me at 678- 432-7558. David H. Wright Area Manager Otto Industries Inc. AGENDA REQUEST Agenda Item No.: ~'~ 1'~ Request to be placed on DATE: Jan. 29, 2001 Regular Agenda Special Agenda Workshop Agenda When: Feb. 6, 2001 Description of item (who, what, where, how much) Award of the contract to Rosso Paving & Drainage, Inc. in ,the amount of $702,506.25 for the Marty Fladell Drive & NW 18th Avenue (2000 Roadway Bond Project #2000-044). The funding for th~s project will be provided from the following account: Funding Source Account Number Current Balance Contract 2000 Roadway Bond Program Storm Water Utility Fund Water & Sewer New Capital 370-3162-541-65.47 448-5470-538-65.47 441-5161-536-65.47 $356,959.00 $309,522.00 $276,00O.0O $338,088.45 $182,148.50 $182,269.30 Total $702,506.25 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Marty Fladell Drive & NW 18th Avenue (2000 Roadway Bond Project #2000-044)_to Rosso Paving & Drainage Inc. with a bid in the amount of $702,506.25. Department Head Signature: ~ ',.....~.---(7~ ~ ~- ~1 - o I Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ____~NO~ '~~ Funding alternative's--" (if applicable) .~. Account No. & Description ~ '~5~,~q 5~-~l~-~ql~.~ ~00 Account Balance ~~,~,~ff ~q~- 5Y30.5~- ~S.~? ~r~ ~'~- ~ ~ ~ , . ~,~.00 -- Ci~ Manager Review: ~ ~/01 . Approved for agenda: ~NO ~ Hold Hntil: A~nda Goordinator Received: Placed on Agenda: Action: Approved/Disapproved file 2000-044(A) projects/2000-044/contractJagenda.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: THROUGH: FROM: DATE: David T. Harden, City Manager Randal Krejcarek, P.E., City Engineer~')t~//~/-.~ Barron E. Caronite, P.E., Assistant City EngineeC'"-~'~'~ January 29, 200t SUBJECT: Marty Fladell Drive & NW 18= Avenue 2000 Road Bond Project # 2000-044 Commission Agenda Item Please find enclosed the agenda request for Commission to award the MartyFladell Drive & NW 18t~ Avenue project contract. The project consists of furnishing and installation of sanitary sewer collection system mains and laterals, asphaltic concrete pavement, concrete sidewalk, curbs and gutters, stormwater drainage improvements, driveways and associated miscellaneous improvements. Attached is the bid tabulation and location map for the referenced project. The lowest responsible, responsive bidder for this project was Rosso Paving & Drainage, Inc. with a bid of $702,506.25. Funding Source Account Number Current Balance Contract 2000 Roadway Bond Program Storm Water Utility Fund Water & Sewer New Capital 370-3162-541-65.47 448-5470-538-65.47 441-5161-536-65.47 $356,959.00 $309,522.00 $276,000.00 $338,088.45 $182,148.50 $182,269.30 Total $702,506.25 If acceptable, please place this item on the February 6, 2001 commission meeting for Commission approval. Attachment CC: Richard Hasko, P.E., Director ofEnv. Svcs. Joseph Safford, Finance Director file: 2000-044 (A) file : s/engadmin12000/2000-O44/contrac~agmemo.doc ................................... : .-',.-i .......................... , ......... · ~ ' -~' ~ ~ -~ .... ..~ ~ .... ~ ::~-"-~-. ' ' 'V~ '~ , ' ~ ' ,,',~,,,' ." ~ , / , / , . ', ~__~ ....... ~- .......... .~ ,.~_~z~___'", ~ ; --'~ ' , "- --'-Z ~' ---- ---. ' '" -- ," - '' i ' ,; ( , '~ { , --- , .... ~/-- ..,-- ._, -._ ~ / ...... , ~ ~ ..... --' ;'-~--.~, I ...... - - ' , / / ; / ' J: ....... , ...... ---- ' .] ,~- ~.~ ..... - ,. ..... . ..... ., .... ~_~,, .~.- ...... ~ ,~, --- ,.. -~,?-_f_, ..... , -~ --. / ~~_.._ "~ ' , : · ..~ ,~.' .... ~.~'f --~ ~ :_ , . , ' /.g , ~ ~ ...... ..... --~---, ...... ,F. -~ ;~,, ~' ~ ~ ~ ~ , ~ ............ ~ . , -- , , ;, ~ ' ,, ,.: ~--_ --~ , ~ " ~ , ,- .................. ~ ~ ' ~L,,~..~'._. _~, L~:~-, ?~-=~,':~ ;-"w~ ~ .... ~ ................ / ~ ' ~ ' '-=-~-,-~-Z~---;---~-~--~-~-~. , ::[,~[.. U : / ~ , , , , .......... :. , ,-- ~ ~ ; ; , , ,~, / ~ ~ ~ : ~ ;' ,, .... ?~,~ ~ .... ~ ..... ~ .................... ~ .... -~--~ ~-rm: , .............. ; ~ ~ ' ~~ ~- ' , · _.. ....................... ~ .... _.' ~ ,.. , ~ ................. ; ~ , ~ , ., : ,, ..~ --, ........................... ~ ............ ~... ..... . ~ .'~ /:?:. . , / / , . - ,, ~ of DELRAY BEACH UAR~ FLADELL DR. & NW 18fh AVE E~NME~ ~CE$ OEP~E~ LOCA~ ON MAP ~~~~y~~A~ PRos[cT NO. 20m-044 1 Of 1 CITY OF DELRAY BEACH 2000 ROAD BOND PROGRAM MARTY FLADELL DRIVE AND NW 18TH AVENUE PROJECT NO. 2000-044 BID NO. 2001-011 BID DATE: JANUARY 11, 2001 ROSSO PAVING & DRAINAGE, INC. ES'I'D UNIT TOTAL ITEM NO. ITEM DESCRIPTION UNIT QTY. PRICE COST 1 MAINTENANCE OF TRAFFIC LS I $50,000 00 $50,000 00 2 CLEARING AND GRUBBING LS I $35,000 00 $35,000 00 3 REMOVAL OF EXISTING PAVEMENT LS I $12,000 00 $12,000 00 4 REMOVAL OF EXISTING CONCRETE SIDEWALK LS I $10,000 00 $10,000 00 5 REMOVE EXISTING STRUCTURES EA 4 $1,130 00 $4,520 00 6 2 5" TYPE S-1 ASPHALT SURFACE COURSE SY 5832 $8 75 $51,030 00 7 10" LIMEROCK BASE SY 6012 $11 20 $67,334 40 8 CONTECH TENSAR GEOGRID BX-1200 SY 2929 $4 60 $13,473 40 9 12" STABILIZED SUBGRADE SY 6955 $2 50 $17,387 50 10 10" STABILIZED SHOULDER SY 1022 $2 50 $2,555 00 11 CONCRETE CURBS & GUTTERS (TYPE F) LF 465 $11 45 $5,324 25 12 CONCRETE CURBS (12" HEADER CURB) LF 141 $10 90 $1,536 90 13 CONCRETE SIDEWALK CONSTRUCTION SF 8575 $2 30 $19,722 50 14 6" CONCRETE DRIVEWAYS SF 5558 $2 75 $15,284 50 15 PAVEMENT MARKING AND SlGNAGE LS 1 $3,300 00 $3,300 00 16 ROADWAY GRADING LS 1 $25,400 00 $25,400 00 17 SWALE GRADING LS 1 $4,220 00 $4,220 00 18 STORMWATER POND EXCAVATION AND CONSTRUCTION LS 1 $28,000 00 $28,000 00 19 SODDING SY 6531 $3 20 $20,899 20 20 DRAINAGE STRUCTURES (TYPE "C" INLETS) EA 14 $1,075 00 $15,050 00 21 DRAINAGE STRUCTURES (TYPE "C" INLET WITH "J" BOTTOM) EA 5 $2,370 50 $11,852 50 21A DRAINAGE STRUCTURES (TYPE "F' INLET) EA 2 $1,175 00 $2,350 00 22 DRAINAGE STRUCTURES (TYPE "P-5" INLETS) EA 1 $2,255 00 *~ $2,255 00 23 DRAINAGE STRUCTURES (TYPE "P-7" MANHOLES) EA 2 $1.078 00 $2,156 00 23A DRAINAGE STRUCTURES (TYPE "J-7 MANHOLES) EA 1 $2,695 00 $2,695 O0 24 DRAINAGE STRUCTURES (STRAIGHT END WALLS) EA 1 $682 00 $682 00 25 DRAINAGE STRUCTURES (MITERED END SECTION) EA 1 $1,760 00 $1,760 00 26 DRAINAGE STRUCTURES (SPECIAL) EA 1 $2,118 00 $2,118 00 27 REINFORCED CONCRETE PIPE (15") LF 693 $27 50 $19,057 50 28 REINFORCED CONCRETE PIPE (18") LF 314 $34 10 $10,707 40 29 REINFORCED CONCRETE PIPE (24") LF 470 $35 20 $16,544 00 30 REINFORCED CONCRETE PIPE (30") LF 677 $48 50 $32,834 50 31 CLEAN AND FLUSH EXISTING DRAINAGE LS 1 $2,570 00 $2,570 00 32 CHAIN LINK FENCE ACCESS GATES (BLACK VINYL COATED) EA 1 $1,000 00 $1,000 00 33 CHAIN LINK FENCE (BLACK VINYL COATED) LF 822 $11 70 $9,617 40 34 8" DUCTILE IRON PIPE LF 133 $62 00 $8,246 00 35 8" GATE VALVE WITH BOX EA 4 $840 00 $3,360 00 36 20"X8" TAPPING SLEEVE AND VALVE EA 1 $7,730 00 $7,730 00 37 6" LINE STOP EA 8 $3,520 00 $28,160 00 38 WATER SERVICE CONNECTION EA 3 $407 00 $1,221 00 39 CONFLICT TRANSITION EA 9 $2,145 00 $19,305 00 40 WATER MAIN JUMPER CONNECTION EA 14 $688 00 $9,632 00 41 POTABLE WATER MAIN AND SANITARY SEWER TESTING LS 1 $5,720 00 $5,720 00 42 SANITARY SEWER MANHOLES EA 7 $1,860 00 $13,020 00 43 8" PVC SANITARY SEWER LF 1929 $29 70 $57,291 30 44 SEWER SERVICE CONNECTION EA 13 $1,452 00 $18,876 00 45 CONNECTION OF PROPOSED SANITARY SEWER TO EXISTING ~I EA 2 $2,442 00 $4,884 00 46 REMOVE 2" WATER MAIN LF 592 $4 50 $2,664 00 47 ADJUST VALVE BOX LS 1 $1,650 00 $1,650 00 48 VIDEO ALLOWANCE LS 1 $500 00 $500 00 49 INDEMNIFICATION LS 1 $10 00 $10 00 TOTAL $702,506 25 * Line Item No 22 - Un~ price ~n words ~s $5 00 !more than extended un~ pnce Roadway Subtotal $338,088 45 Stormwater Subtotal $182,148 50 Water & Sewer Subtotal $182,269.30 $702,506 25 Agenda Item No. ~' ~' ~ Request to be placed on: X Regular Agenda ~ Special Agenda __ Workshop Agenda AGENDA REQUEST Date: 1-Feb-01 When: 1-Feb-01 Description of item (who, what, where, how much): The attached agenda item is a request for commission approval/authorization for the purchase of 21 Palm Beach 4' Park Benches and 14 Palm Beach Litter Containers, with liners and hds. The park benches and the litter containers will be custom colored, chosen by Pineapple Grove Mainstreet Design Committee. The benches and litter containers will be placed along Pineapple Grove Way between East Atlanbc Avenue and NE 4th Street. The total cost of these items is $30,870.00. Funding is available as follows: Item Account Number Balance Amount Palm Beach Litter Containers 433-3711-534-49 35 $97,010.00 $11,130.00 Palm Beach 4' Park Benches 334-6111-519-65.12 $19,740.00 $19,740.00 ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT A'ri'ACHED YES/NO Recommendation: Staff recommen~ds Appr, m/~al. Department head signature: Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation (if applicable) Budget Director Review (re_,.q.~red on,e~ite/~, im(olv~g expenditure of funds): Funding available.~ E~.~NO '~' t..~5"' I¢ / Funding alternatives .(if applicable) Account No. & Description See above table Account Balance See above table City Manager Review: Approved for agenda:~NO~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~EngAdmin~Projectst1999i99-O39tOFFIClAL tagenda 06feb2OOl.doc TO: THRU: FROM: SUBJECT: DAVID T~N, ~NAGER PAUL DORLING, DIRECTOR~OF PLANNING AND ZONING MICHELLE E. HOYLAND, PLANNER ~/~~ ~ MEETING OF FEBRUARY 6, 2001 CONDITIONAL USE REQUEST TO ESTABLISH A WINDOW TINTING AND CAR STEREO SALES/INSTALLATION OPERATION FOR THE CUSTOM CAR WORKS, IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) ZONING DISTRICT~ WITHIN THE LL PARK OF COMMERCE~ LOCATED AT THE NORTHEAST CORNER OF CONGRESS AVENUE AND DR. CAROL KROLL WAY. At its meeting of September 13, 1983, the City Commission approved the plat for the Lembo- Lupo Park of Commerce. The 14,400 square foot industrial building was constructed in 1984. In 1987, the property was re-platted as LL Park of Commerce, which incorporates three parcels (Parcel ^ subject property, Parcel B is vacant and Parcel C Arctic Ice an 18,003 sq. ft. building constructed in 1989). The request is to establish a window tinting, car stereo and security sales and installation operation for Custom Car Works. The use falls within the category of automobile, paint, body and repair, and requires conditional use approval [Ref. LDR Section 4.4.19(D)(1)(c)]. The business will occupy 1,600 sq.ft, within one bay (Bay 3) in the middle section of the building. Business hours will be Monday through Friday, 8:30 a.m. to 5:00 p.m., by appointment only on Saturdays and there will be 4 employees. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of January 22, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the request. No one from the public spoke on the item. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend approval of the Conditional Use request, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve the conditional use request to establish a window tinting and car stereo sales/installation operation for Custom Car Works, within the LL Park of Commerce, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. Attachment: P& Z Staff Report and Documentation of January 22, 2001 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: January 22, 2001 IV.B. Conditional Use Request to Allow the Installation and Sales of Vehicular Accessories for Custom Car Works, Located Within the LL Park of Commerce Plat, Located at the Northeast Corner of Congress Avenue and Dr. Carol Krol Way. GENERAL DATA: Owner .................................... Symbion Investment Corporation cio Don Delucia Applicant/Agent ...................... Custom Car Works, Inc., Bernard Hoffman Location ................................. Northeast Corner of Congress Avenue and Dr. Carol Krol Way (Parcel A of LL Park of Commerce Plat) Property Size ......................... 1.18 Acre. s F.L.U.M. Designation ............. Commerce Current Zoning ....................... MIC (Mixed Industrial & Commercial) Adjacent Zoning ........... North: MIC East: MIC South: MIC West: MIC Existing Land Use ................. Existing 14,400 square foot industrial building with 6 tenants, associated parking and landscaping Proposed Land Use ............... Conditional Use Request to establish a window tinting, car stereo and security sales and installation operation. Water Service ........................ Existing on-site Sewer Service ........................ Existing on-site IV.B. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a window tinting and car stereo sales/installation operation for Custom Car Works, pursuant to LDR Section 2.4.5(E). The business is to be located within the LL Park of Commerce, located at the northeast corner of Congress Avenue and Dr. Carol Kroll Way. The subject property is Parcel A of LL Park of Commerce, contains 1.18 acres, and is zoned MIC (Mixed Industrial and Commercial). At its meeting of September 13, 1983, the City Commission approved the plat for the Lembo-Lupo Park of Commerce. The 14,400 square foot industrial building that exists on the property today was constructed in 1984. In 1987, the property was re-platted as LL Park of Commerce, which incorporates three parcels (A, B and C) with improvements on each parcel. I J The request is to establish a window tinting, car stereo and security sales and installation operation for Custo~ Car Works. The use falls within the category of automobile, paint, body and repair, and requires conditional use approval [Ref. LDR Section 4.4.19(D)(1)(c)]. The business will occupy 1,600 sq.ft, within one bay (Bay 3) in the middle section of the building. Business hours will be Monday through Friday, 8:30 am to 5:00 pm, by appointment only on Saturdays and there will be 4 employees. [ ! REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. 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). Plaflflin~ and Zoning Boar~ff Report C~t0m Car W0'r~S - Condi~.?~l Use Approval Page 2 The subject property has a Future Land Use Map designation of CMR (Commerce) and a zoning designation of MIC (Mixed-Industrial and Commercial). The MIC zoning district is consistent with the CMR Future Land Use Map designation and "automobile paint, body, and repair shop" is listed as a Conditional Use in the MIC district [LDR Section 4.4.19(D)(1)(c)]. 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 is for the establishment of a window tinting/car stereo shop in a previously approved industrial development. The proposed changes with this bay will not have a negative impact with respect to concurrency as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. 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 objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Future Land Use Element- Policy C-1.3: The City shall concentrate efforts in the heavy industrial and undeveloped areas along the arterial roadways in order to provide a better image of the community. Such efforts should include: · Regulations which require heavy industrial uses to provide perimeter landscaping of their sites; and · Owners of vacant property shall provide a landscape appearance of their properties. While a 30' landscape buffer is required along Congress Avenue, an arterial roadway, only 15'- 17'6" exists. This is a legally established nonconforming situation. While the width is nonconforming the landscaping within the 15'- 17'6" landscape area complies with the landscape code. Thus, this policy has been met. The approved site plan provides the required 30' landscape buffer along Congress Avenue, an arterial roadway. The buffer will contain a berm with extensive landscape material. Thus, this policy has been met. Planning and Zoning Boarc[~ff Report C'u~S~om Car Works - Condi??;~l Use Approval ~._, Page 3 SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)($) (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 property is surrounded on all sides by MIC zoning. The existing land uses are a vacant parcel to the north, Noland Industrial Facility to the south, Arctic Ice to the east, and to the west, across Congress Avenue, is a vacant parcel of land and an office building for Wiznet Computer Services. The establishment of an automobile related facility within the previously approved industrial development will be compatible with the surrounding uses in the area. The change in use from general industrial to automotive repair increases the required parking for the project, and is accommodated on site. The approved elevations provide a commercial center appearance facing Congress Avenue with the overhead doom, loading and dumpster areas located to the rear (east side) of the structure. Thus, they do not face a public right-of-way. The building is set back approximately 85' from Congress Avenue with a landscape buffer adjacent to the roadway, which contains heavy landscaping. Based on the above, the development proposal will not have detrimental effect on the area, nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 4.6.9 (Parking): Pursuant to Section 4.6.9(C)(5)(a), general industrial uses (manufacturing, assembly, attendant offices) shall provide parking at a rate of 3 spaces per 1,000 sq. ft. of floor area devoted to such uses and 1 space per 1,000 sq. ft. of floor area devoted to storage and warehouse. In addition, general commercial uses (retail) and vehicle repair uses shall provide 4.5 spaces per 1,000 square feet of gross floor area [ref. LDR Sections 4. 6.9(C)(3)(a)&(5)(b)]. The site contains an approved 14,400 sq.ft, mixed industrial and commercial building. The parking requirement for the 4,800 sq.ft, of industrial use area has been calculated Planning and Zoning Board~ff Report Custom Car Works - CondiL~?,al Use Approval Page 4 at 3 spaces per 1,000 sq. ft. or 15 spaces. The 4,800 sq. ft. storage area has been calculated at 1 space per 1,000 sq. ft or 5 spaces. The 800 sq. ft. retail area has been calculated at 4.5 spaces per 1,000 sq. ft. or 4 spaces and the 2,400 sq. ft. of storage area associated with this retail use is calculated at 1 space per 1,000 sq. ft. or 3 spaces. With the conversion of 1,600 sq.ft, of industrial floor area to auto repair use, 8 additional parking spaces are required (4.5 spaces per 1,000 sq. ft.). Therefore the total number of parking spaces required is 35 spaces. A total of 42 spaces are being provided on the site. Therefore, adequate parking is available for a variety of uses, including the window tinting/stereo sales operation. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: [] Chatelaine [] Delray Shores Pines of Delray North [] Presidents Council [] Progressive Residents of Delray (PROD) [] Rainberry Bay [] Rainberry Lake [] Sudan Homeowners Association Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed Conditional Use request involves the establishment of a window tinting/stereo sales and installation facility for Custom Car Works within the previously approved LL Park of Commerce development. With the change in use, the parking requirement for the project increases slightly and has been accommodated on site. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. .... Planning and Zoning Boar?.~ff Report c~stom Car Works - C0ndi~?.. ,,al Use Approval Page 5 ^. Continue with direction. Recommend approval of the request for Conditional Use request for the establishment of a window tinting and car stereo sales/installation operation~for Custom Car Works, at LL Park of Commerce, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan. Co Recommend denial of the Conditional Use request for the establishment of a window tinting and car stereo sales/installation operation for Custom Car Works, at LL Park of Commerce, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility), that the proposed use will hinder development of nearby properties. Recommend approval of the Conditional Use request to establish a window tinting and car stereo sales/installation operation for Custom Car Works, at LL Park of Commerce, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. Attachments: Location Map Building Floor Plan Unit Floor Plan LAKE IDA LAKE IDA LAKE IDA ROAD AVENUE CITY OF DELRAY BEACH, FL PLANNING ,~ ZONING DEPARTMENT CUSTOM CAR WORKS --- DIG/I'AL ~S£ MAP SYST_~M -- MAP REF LM190 North 0 ITl Z Z 20' 60' DR. KROL WAY TO: THRU: FROM: SUBJECT: DAVI~D~y MANAGER PAUL DORLI NG, DI RF;~CTOR OF PLAN NING~ AND ZON lNG SC OTT D. PAPE, SENIOR P LA N NE R//.~--~-'~~ MEETING OF FEBRUARY 6, 2001 RECONSIDERATION OF CONDITIONS OF APPROVAL FOR WATERWAY VILLAGE CONDITIONAL USE. At its meeting on September 19, 2000, the City Commission approved a Redevelopment Plan, Future Land Use Map amendment from RDA #6 to GC (General Commercial), and, Conditional Use for a 166-unit residential development on a 11.99 acre site south of Lindell Boulevard between Dixie and Federal Highways. The development proposal resulted in an overall density of 14.31 units per acre consistent with the adopted redevelopment plan. This redevelopment plan allows a density up to 16 dwelling units per acre subject to a proposed development's ability to comply with specific criteria outlined in the Redevelopment Plan as well as performance standards of the Land Development Regulations (LDR's). The Redevelopment Plan criteria included eliminating nonconforming uses or structures, and/or upgrading substandard site conditions that exist on the commercial properties along Dixie Highway or Federal Highway. As the properties along Dixie and Federal Highway were not eliminated through aggregation, the applicant proposed improvements to these properties in exchange for the density increase. These improvements were to be provided on the Orange Royal site along Federal Highway, and the landscape nursery and convenience store sites along Dixie Highway. The improvements are outlined and illustrated in the attached Exhibit A. The applicant has submitted a letter dated November 28, 2000 (Exhibit B) that identifies problems in complying with the City Commission's conditions of approval as they relate to off- site improvements for the landscape nursery, and convenience store properties. With respect to the requirement to construct a new fa(;:ade for the convenience store, the applicant has submitted opinions from two separate engineering firms (letters attached) that indicate the mansard roof of the convenience store is not structurally capable of accommodating modifications. In terms of the paving and landscaping improvements for the nursery the applicant is concerned the owner may not agree to the improvements thereby placing his approval in jeopardy. The applicant has further requested that the condition which requires the applicant to be responsible for the improvements to the adjacent properties and that these improvements be completed prior to release of the first certificate of occupancy for the project be amended. The requested amendment would allow any costs associated with off-site approvals to be placed in escrow and have the individual property owners proceed with the development approvals and construction. Further the applicant requests that these improvements not be "tied" to the Waterway Village development in terms of a Certificate of Occupancy. At its meeting of January 22, 2001, the Planning and Zoning Board considered the requests and discussed several alternative improvements which the applicant could substitute for the original conditions of approval as follows. These included: 2. 3. 4. 5. o Installation of an enclosure for the convenience store dumpster. Replacement of the missing sheet metal panels in the convenience store's mansard. Replacement of the exterior light fixtures with appropriate commercial style light fixtures. Provision of landscaping along the north side of Lindell Boulevard. Installation of a paver block intersection along Lindell Boulevard at the entrance to Waterway Village as originally depicted during the conditional use process. A contribution to provide landscaping at the proposed retention area on the northwest corner of Lindell Boulevard and Dixie Highway ( west side of the FEC railroad) After a lengthy discussion the Board recommended the following on a 6-0 vote (Jess Soward _ abstaining): That the maximum financial obligation for offsite improvements under reconsideration for the two Dixie Highway properties (nursery and the convenience store) or any proposed alternative improvements be limited to $25,000. That the original conditions be modified to require the following: '~ Construction of a dumpster enclosure for the convenience store; Patching and resealing the landscape nursery parking area and provision of four trees as noted in the original condition of approval; (-,e Contribution of $16,000 to fund landscape improvements to the retention area at the northwest corner of the Lindell Boulevard and Dixie Highway (east of the FEC railroad);  the offsite improvements on the convenience store or nursery property cannot be If ~/~ ~ ~,..J~ accomplished (a written confirmation from the owner of the site is required), the \', . . applicant is {o provide additional landscaping on the north side of Lindell Boulevard as ~,C/,.~---P noted in th'e attached Exhibit C. ~ VVith respect to the request to amend the condition that the applicant is to be responsible for the improvements to the adjacent properties and that these improvements be completed prior to release of the first certificate of occupancy, the Planning and Zoning Board took no formal action. Staff recommends denial of this amendment and feels the applicant should continue to be responsible for these improvements and that their completion be "tied" to the Certificate of Occupancy of the Waterway Village development. By motion, approve the modification of the original conditions as recommended by the Planning and Zoning Board and deny the request that the offsite property owners be responsible for the offsite improvements and that the offsite improvements not be "tied" to Certificate of Occupancy. Attachment: Letter dated November 28, 2000 from Mark Hansen (Exhibit B) Letter dated October 5, 2000 from Jose Aguila (Exhibit A) Letter dated October 10, 2000 from Jim Zengage (Exhibit A) Letter dated November 14, 2000 from Robert Fetrow Letter dated November 15, 2000 from Henry Kreh Off-site improvement plans (Exhibit C) ROBERT G. CURRIE PARTNERSHIP Architects, Planners & Interior Designers AA0002271 Robert G. Currie, AIA Jess M. Sowards, AIA Jos~ N. Aguila, AIA October 5, 2000 Mr. Paul Dorling, Principal Planner Planning and Zoning Department 100 NW First Avenue Delray Beach, Florida 33444 Waterway Village Froje,~, No. 991003 Dear Paul: As per our conversation of earlier today, attached are the two sketches which in general terms represent those items which we agreed to at the Sel~ember 19, 2000, City Commission meeting. The first sketch deals with the Orange Royale site along US ~1. The items that we agreed to provide - prior to the first building certificate of occupancy are as follows: Construct a total of twelve (12) new parking spaces along the north end of the site, including stripping and wheel stops. Reseal existing parking area. Re-stripe existing pa~rking spaces. Provide new wheel stops where required. Provide ten (10) new trees along US 1 in the same design parameters as the balance of the design (mix or royals and shade). Provide a continuous hedge along US 1. Provide sod for on-site retention north of the new parking spaces. The second sketch deals with the work along Dixie Highway and specifically the existing convenience store and the nursery. We agreed to the following. Provide palm trees (up-to-four) within existing landscape areas along the existing parking areas. Reseal, re-stripe, and add wheel stops as needed in areas that currently have asphalt paving. No new asphalt parking will be constructed. Provide - yet to be designed - a new facade improvement to the existing convenience store. This will have to be submitted to the City for review, and if necessary to SPRAB, at a later time. 134 Northeast 1st Avenue, De]my Beach, Florida 33~.~?. Telephone: (561) 276-4951 Fax: (561) 243-8184 E-mail: rgcp~curriearc, com AIA Florida Firm of the Year 2000 As I stated earlier, the documents needed to o~ain City approval for these items will be dealt with at a later time, but consistent with the Conditional Approval condition which states that we must have these improvements completed prior to the issuance of the certificate of occupancy for the first building. Jm Zengage has agreed to prepare a more detailed document to reflect these items as well as the other conditions you feel are required in order to proceed with the review by SPRAB. He will be in touch with you to discuss those specifics. I would very much appreciate your continuing with the process and placing this item on the Agenda for October 11, 2000, as scheduled. If you have any questions, please call. Sincerely, ROBERT G. CURRIE PARTNERSHIP, INC. Jose Aguila, AIA Project Manager Mark Hansen, Olen Jim Zengage, SDS Scott rape, CDB ~ File 991003 j:~olen991003\letter~doH~ng 10052k OCT-18-2088 5~1 278 3199 P. 01×04 Southern Development Services October 10, 2000 Mr. Paul Doffing Prindpal Planner Planning and Zoning Department 100 NW First Avenue Dekay Beach, Florida 33444 Waterway Projeat No. 991003 Dear Paul: In conjunction with a letter sent to you on O=ober 5, 2000 from Jose Aguila ofKob~n't G. Currie Parmership, this latter will reiterate the items we agreed to construct or provide to properties outside our boundaries of the project captioned above. We have spoken to the parties in question, and have told them that we are to provide these items at our expense. Plans are in the process and hopefully will be completed very shortly. Regarding the sketch of the Orange Royal site along US.l, items th_at we agreed to provide are as follows: Construct a total o£twelve (12) new parking spaces along the north end of the site, including stripping ~nd wheel stops. Extend the ex~ting pave. mgm (match existing edge ofpavemen/grade) and stripe 12 new parking spaces (paint), approximately S20 s.l' 1" asphalt on 6" Iimerock on 12" stabilized subgrade, install 12 wh~.t stops. Re. seal and re-stripe ~xisting parking ar~. Sealcoat (approximatdy 800 ay) and stripe (paint) the exi~ng parldug ge, a. Spaces shall be the san~ width and length as existing. 3. Provide ten (10) ne~ trees alot~ US1. Provide five (5) Royal Palms at g' gw nt and five (5) Dahoon Hollys at 12' hr. Provide a conli, mous hedge alone US1. In-fill along approximately 250 Pt of hedge material,, estimated .fi& admuona~ S,~ Plains. 5. Provide sod for on-site r~engon-nerth office new parking spaces. Grade a reumfion area and pro,igc bahia 2.q~ approximately 390 s.y. ~199 Page2 October 10, 2000 With ref;ard to the kerns that we agreed to provide for improvements along Dixie Hishway, the sketch shows the following: 6. Provide up to four (4) new palm trees within the existing landscape areas along the existing p~-king areas. Provide four (4) Queen Palms at 12' ~verall hr. Reseal, re-stripe and add wheel stops as needed in areas that currently have asphalt paving. NO new asphalt parking will be coveted. Sealcoat (approximately $00 sy) and stripe (paint) the existing parking area. Spaces shall be the same width and length as existing. Provide a new faveade impr, ovement to the existing convenience store. Paint the north, south ~nd west sides of'the existin8 building, colors to match the Olen/Walgreens color scheme. It is understood that whea ready, we will submit to staff and/or SPRAB more detailed plans for review and approval. We also understand that we must have these improvements completed prior to the issuance of the certificate of occupancy ~or the fu'st building. In the meantime, we are submitrinl for a Plat on the property as well as Buildin8 permits. As diseusmd, you will not hold this process up, but will review ~me and not sign off on 6n~ls until we have the City's approval for the work deszribed for Orange l~oyal (US 1) and Dixie H~. If you have any questions, please call. Sincer~y, Presidc~n Cc: MarkHansen, Olen Jose Aguila, Robert G. Currie Pa.ru~ip 1M10 lOJ~-I_l~ X 60.00' 60' d II I -/1.~.~ __ 155.00 N November 28, 2000 Mr. Scott Pape, Semor Planner City of Delray Beach 100 N.W. l't Avenue Delray Beach, FL 33444 RE: Waterway Village - Project Approval Letter Dear Scott · In response to your project approval letter dated November 1, 2000, please find enclosed responses to that letter as follows: Site Plan: 1 Address all Site Plans and Engineering Techmcal Items and submit three (3) copies of the rewsed plan Enclosed are three (3) copies of the revised plans That the apphcant shall redesi~ma the canal access feature to provide a boardwalk or gazebos if access is granted by the South Florida Water Management District. The plans are currently at the SFV~TVID for remew 3 Reduce the 45'-wide aisle at the entrance to the Wal~een's driveway to 26'-wide with the use of reflectors and striping. The entrance width to the Walgreen's driveway has been reduced to 26' usmg pavement markings Refer to attached plans 4 Subrmt an off-site ~mprovement plan for the adjacent properties pnor to approval of a bmtdmg permit that is m conformance w~th the letters dated October 5. 2000 from Jose Aguila. and October 10. 2000 from J~m Zengage. as revised per LDR code comphance. These ~mprovements are to be completed prior to release of the first Cernficate of Occupancy for the subject development. The referenced off-site zmprovements have been added to the s~te plan. Also find enclosed a separate site en~neering plan.from Simmons & White, Inc. for the Orange Royal on Federal Iarighway We met w~th .Jerry Sanzone of the Building Department lo d~scuss the rarmfication of any ~mprovements to the D~xie Hzghway proper¢ in tur~, we hzred two different structural en~neers to revtew the structure that houses the convenience store. 1062 Coral Ridge Drive · Coral Springs, Florida 33071 (954) 340-4904 · Fax (954) 344-4608 Page 2 of 4 November 28, 2,000 1Vff Scott Pope / Waterway Village - ProJect Approval Letter According to the Structural Engmeering Report, the extsang building does not meet current code requirements and any material Improvements wouM have severe consequences to the entire structure (see letters attached,). ;3ased on our meeting with Mr. Sanzone and the Engineering Reports ;ye propose to limit the faqade improvement of the convenience store to a coat of paint to match the color scheme of the residennal project. Since these City required off-site Improvements are on private property, the Applicant has httle power to enforce the Ctry requirements. The Applicant plans to place the funds necessary to accomplish the off- site improvements tn escrow with an attorney, and have the contractors contract directly with the property owners. Permits w~ll be Issued to the respective property ow~ers. ~qthout a City' enforced/recorded document which provides the Applicant full and complete control over said off-site properties, Applicant cannot control the timing of said Improvements and therefore requests the requirement for completion of sa~d improvements not be ned to tssuance of the first Ceraficate of Occupancy, but rather to a form of Czty enforcement directly between the City and the property owner. 5 Provide City entrance signs, if deemed appropriate by the City Commission~ No decision was reached by the SPRAB as to the appropriate szgn style or even if any signs wzll or shouM be reqmred 6 On the plat, provade a sign tract at the southeast and southwest comers of the subject prope_rty. Sign easements have been added to the plat along the Dixie Hzghway & Federal Htghway r~ght of way The easement ~s 5 ' x 20' and overlaps the 5' LAE We have already met with the Czty Enomneenng office to confirm these areas 7 Subrmt the sign tower separately through the sign perrmt process The s~gn tower is currently being reviewed and redesigned. Plans will be processed through the sign permit process. 8. Submit a detailed tot lot plan. A detailed tot lot has been added to the s~te plan. 9 Redesi~ the entrance gate along the west side of the property to eliminate conflict with adjacent parking spaces The entry gate and parlang configuration conflict has been addressed with the revtsed site plan 10 Plat the property is planed pursuant to Chapter 5 of the Land Development Regulations, plat to be recorded prior to issuance of braiding perrmt. The plat ~s currently being processed 11 Place a 20' deep paver feature at the main entrance to the development lanes on Lmdell Boulevard, as well as to east entrance to the Walgreen's parking lot along Federal Highwa~v Page 3 of 4 November 28, 2,000 Mr. Scott Pape / Waterway Village - ProJect Approval Letter A paver feature has been added at the main entrance from Lindell Blvd. and the g"algreen entrance from Federal Highway. Landscape Plan: 1 Address all Landscape Technical Items and submit three (3) copies oft. he revised plans ,,1ll Landscape Techmcal Items have been addressed on the latest plan~ng pIan. Attached find three (3) coptes of the revised plans. 2 Show safe s~ght visibility triangles on the landscape plan for the median cuts along Lindell Boulevard. The safe sight visibility triangles have been added to the plans. 3. Remove Black Olive trees from the plan_ Black Olive trees have been removed from the plans. 4 Sabal Palms to be noted as booted and staggered heights. Sabal ?alms shall be booted with staggered heights. A note has been added to the plans 5 Switch the Finger Island from sod to one gallon Jasmine. The Finger Island is now planted with one gallon Jasmine. Elevations: 1. The building elevanons shall be revised to note the following A. Aluminum balcony railings with decorative bends. Appropriate notes and / or details have been added to the plans for the mixed use building. B. Paneled metal entrance doors. Appropriate notes and/or details have been added to the plans C. Simulated Keystone column.~ and wood brackets ,~ppropriate notes and / or details have been added to the pians. D Three-color terra cotta blend is used for the roof tile. Appropriate notes and/or detads have been added to the plans EThat the decorative shutters may be of a composition material other than wood ~lppropr~ate notes and/or details have been added to the plans. F That the awning colors are resubmitted to SPRAB for approval along with the current elevation renditions showing the retail office building, substitute the color pink. Page 4 of 4 November 28, 2,000 Mr. Scott Pape / Waterway Village - Project Approval Letter The awnings are to be navy and burgundy as manufactured by Sunbrella Fireslst. A colored elevation of the mixed use building is attached. The Walgreen's elevation shall be revised to provide more architectural detml m accordance with the sketch provided by the applicant, and the following additional architectural features are to be provided to match the elevations of the residential component of the development A. Muttons. B. Outriggers. C. Decorative column caps. D. Faux sills. E. Column bases. F. Faux arches. G. Ceramic title inlay. The Walo~reen's elevation has been revised to provide more architectural detail and to reflect architectural features which match the residential component. Attached find the following: Three (3) sets of revised site plans Three (3) sets of revised planting plans. Architectural drawings of the Walgreen's bmldmg w~th elevations Color chart for the residential and m~xed-use buildings. Color elevations of the mixed-use building. Three (3) sets of Site Engineering Plans (Camahan- Proctor - Cross) Three (3) sets of Engineenng Plans for the Orange Royal property (S~mmons & Wl~te). Three (3) sets of the current plat. Should you have any questions, please feel free to contact me at (954) 340-4904 Sii~er~ly, I co m s, M VP of Development, Florida Region Cc Jose Aguila - Currie Partnership Jav Huebner - Carnahan Proctor Cross Chuck Yanette - Parker Yanette Design Group Jim Zengage - Southern Development Services F XDATA\C ONST~SHEILAXlVlS WORD\C ORRES~fHXWATERWAY~WATPAPE.DOC 000~19~I~ ilen~ J'. lsd'~h, November 15, 2000 Mr, Jim Zengage President Southern Development Services 75 N.E. Sth Avenue, Suite 214 Delray Beach, Florida 33483 I-kashed's Convenlence Store Front Facade Mansard Truss - Structural issues Dear Jim: As you are aware, I visited the building referenced above last Fdday. This building was situated on the earn ciao of Dixie Highway just south of Lindell Boulevard. The rn~in focus of my visit was to observe the structural condition of the front of the building in light of the concept of architecturally improving the front facade. The mansard roof trusses appear to have been added directly on top of what is most likely the original roof :russe$. The mansard cantilever~ approximately 5'-6" beyond the front wall of the building. The roof runs 55 feet (+/-) across the front of the structure, There is s;gnificant 0eflectJon of the mansard additiorr'as it extends off of the original roof. In an apparent effort to mimm~ze potential future deflection growth, two diagonal kicker braces have been placed from the grobnd up to the underside of the original roof soffit. One kicker has been placed at the southwest corner of the roof with the other one situated about 25 feet to the north, also at the west side of the building. I observed lhe wood roof structure from two separate vantage points - the first one being through a soffit opening (provided for a fluorescent light fixture) at the west roof eave and the second one being located near the south end of tr~e inside of the store, through an access panel in the hard ceiling. The roof structure appears to consist of 2x members meeting at the rooftop at a ridge beam with ~ brace connection at the top of oach pair of 2x mombors and a bottom 2x tie member running from the east wall to the west wall, also provided for each pair of 2x top members. The roof sheathing appears as though it consis:s of tongue-and-groove paneling and/or plywood. The style of roof structure is representative of older structures. 91 S.W. 13th Avenue · Boca Raton, Florida 33486 (561) 750-I 161 · Fax (561) 750-1162 - E-mail: newtonsoln @mindspring.com Mr Jim Zengage Southern Development Services November 15, 2000 Page 2 in my professional opinion there are several reasons to believe tinct tf~e root structure may require significaqt strengthening measures in order to meet current code requirements and these reasons ~nclude the following: The r~of exhibits .~igns of significant deflection and rotation at the face of the mansard front and at the eave soffit, 2. The portion of the mansard structure wrlich is vi~,ibJe appears to have been connected using only nails, without hint of the use of connection hardware; and Both the electrical wiring in the soffit eave and the kicker bracing members described above a,e representative of a 'temporary haphazard" type of construction approach which would be at odds with the notion that the roof structure was erucled in a permanent, code-like fashion. Without removing an apprecIable amount of ceiling soffit or roof sheathing it is nearly iml~oss~bte to predict, with reliability, what the costs of upgrading to current structural code requirements could be. It is, however, my professional opinion that these costs could ultlmalely r~waff the costs of altering/improving the front facade architecturally. To upgrade the roof strum. Lure woul~ likely impact the normal functioning and current profitability of the Gtore a~ well. Any improvements involving adding projections to the front wall or altenng the present ones would add load to a structure for t~hich there are ex~sting and unquantified concerns. Thus, the choice at hand seems to be between either a simple coating type improvement or a major structural renovabon with tremendous cost implications. Should you have any comments or questions please do not hesitate to contact me. Thank you. Respectfully submitted, NEWTONIAN SOLUTIONS, INC. Licensed by the State of Florida as a Professional Engineer - Certified by the State of Flonda as a Threshold Inspector- #39539 #736 HSKThk cc: Correspondence file GATOR ENGINEERING SERVICES, INC. 7289 (;arden Road. Suile 104 West Palm Beach. Florida 33404 (561 ) 841-9990 Fax (S61 ) 84 t-999 I E-mail: galoreng@aol.com November 14, 2000 Southern Development Services 75 N.E. 6th Ave. Suite 214 Delray Beach, FL 33483 Attention: Jim Zengage RE: Inspection and Evaluation of Existing Hand Framed Mansard Overhang Roof Structure for the Convenience Store located at 3327 Dixie Highway in Delray Beach, FL. Dear Mr. Zengage: As per your request, an inspection of the existing wood frame mansard roof overhang structure for the convenience store located at 3327 Dixie Highway in Delray Beach, FL was conducted on November 10th, 2000. The purpose of this inspection visit was to determine the condition of this mansard overhang roof in order to perform facade renovations. The following observations were noted about the condition of this add-on roof stru~cture: 1) A hand frame wood structure was added on top of the west portion of the sloped shingle roof to create a mansard style effect in the front of the existing building. When this mansard overhang was added, a higher flat roof surface was created along the front portion of the building. This hand framed flat roof for the mansard extends to the ridge of the main hand framed roof and is supported on a knee wall which was constructed on top of the outside bearing wall. 2) Per my inspection of the existing framework from underneath the overhang and through an attic access inside, it was determined that no provisions for hurricane strapping exists for both connections of the wood members or tie down to the exterior concrete tie beam. 3) Wood decay damage was evident on some of the wood members and sheathing due to existing or previous water intrusion. 4) The aluminum metal siding on the mansard front portion is installed on lx4 wood batten strips over felt paper. No 'solid wall sheathing surface exists underneath these roof panels and the hand framed wood structure. 5) The entire wood frame for the overhang mansard has a noticeable deflection all along the bottom of the covered overhang. Diagonal braces were noted to exist at two points underneath this mansard framing. Both diagonal 4x4 wood braces were in very poor condition. At one time, three additional wood braces existed at other points underneath this overhang. In summary, per my observations, it is this engineer's opinion that the hand framed wood mansard roof which has been added to the front of this structure is in very poor condition and does not meet the minimum requirements per the 1997 Standard Building Code for construction. With the sagging condition of this mansard structure and with no hurricane strapping provisions provided, the entire wood frame structure would need to be removed and reD!aced in order to install a new facade to the front of the building. If you have any questions regarding this letter or require further assistance, please feel free to contact me. P. E. #,35S~7 TO: THRU: FROM: SUBJECT: D~HA~CITY MANAGER PA~L DORLING,/DIRECTOR OF PLANNING AND ZONING ,~ANET MEEKS, SENIOR PLANNER MEETING OF FEBRUARY 6, 2001 CONSIDERATION OF A WAIVER REQUEST TO REDUCE THE OPEN SPACE REQUIREMENT FOR THE MUNICIPAL PARKING GARAGE LOCATED IN BLOCK 69. The subject property is located on the west side of SE 1st Avenue, approximately 225' north of SE 1st Street. The .41 acre site consists of Lots 20, 21 and 22, a Subdivision of Block 69, and is located within the portion of the Old School Square Historic Arts District, which is subject to the regulations as outlined in the CBD (Central Business District) zone district. The development proposal is to construct a 207 space municipal parking garage and associated landscaping. The development proposal also includes a waiver request to reduce the open space requirement, which is the action requested of the City Commission. Pursuant to LDR Section 4.4.13(F)(2), within the CBD zone district the minimum open space requirement is 10% and only 8.3% open space has been provided. The applicant has requested a waiver from this requirement, which can only be granted by the City Commission. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) (b) (c) (d) Shall not adversely affect the neighboring area; Shall not significantly diminish the provision of public facilities; Shall not create an unsafe situation; or, Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided a justification statement, which indicates that: "It has long been considered an important goal to provide additional parking to the downtown area. In doing so, every effort is being made to build the parking City Commission Documentation Meeting of February 6, 2001 Waiver for Block 69 Municipal Parking Garage Page 2 structure in a manner, which allows it to be compatible with the surrounding downtown commercial area. Certain building features have been added to the elevations, including but limited to a variegated facade and certain other architectural features. In doing so, it has been necessary to decrease the amount of open space. Therefore, increasing the compatibility of the structure with the surrounding area is the justification for granting this waiveF'. The request involves an open space requirement, and does not affect the provision of public facilities. The waiver would be granted in other similar situations where the City would require the installation of facade features. Therefore the granting of the waiver will not result in the grant of a special privilege. It is further noted that reductions in open space are allowed in other zoning districts such as the AC (Automotive Commercial) and PCC (Planned Commerce Center). While effecting the neighboring area, the reduction in open space results in a facade that is more compatible with the surrounding neighborhood. The required 10% open space could be achieved if a more institutional parking garage facade were provided, however it would be less compatible with the surrounding neighborhood. It is also noted that the same amount of landscaping can be provided in the reduced setback to buffer the building as would have been provided in the 10' as the balance of the area (1.7') would contain sod. Based on the above, staff supports the waiver request. At its meeting of January 17, 2001, the Historic Preservation Board held a public hearing in conjunction with review of the request. While there were comments regarding the mass and scale of the building, only one member from the public voiced concerns that the reduction in open space did not met the required findings for the granting of a waiver. The Board voted 7-0 to recommend approval of the waiver request based upon positive findings pursuant to LDR Section 2.4.7(B)(5). By motion, approve the waiver to LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space for the Block 69 Municipal Parking Garage based upon positive findings pursuant to LDR Section 2.4.7(B)(5). Attachment: Site Plan £1T¥ I)F DELRI:I¥ BER£H DELRAY BEACH AJl-.J~lericaCitl] 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 - $61/243-7000 1993 TO: David T. Harden City Manager FROM: ~Robert A. Barcinski s--c..- Assistant City Manager DATE: January 30, 2001 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 6, 2001 SPECIAL EVENT APPROVAL - 6TIt ANNUAL DELRAY BEACH WINTER STREET CRAFT FESTIVAL ACTION City Commission is requested to endorse the 6th Annual Delray Beach Winter Street Craft Festival to be held on February 24th and 25th from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use of NE/SE 4th Avenue, two blocks north/south of Atlantic Avenue, and to authorize staff support for security. BA CKGR 0 UND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture. The City is requested to provide police security for this event. Vendor management and set up, site clean up, barricades, and port-o-lets will be provided by the event sponsor. Estimated overtime costs for the event is $2,300. This is not a new event; however, the event is expanding to two (2) blocks north and south of Atlantic versus one block. The show held in November covered two (2) blocks. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, and approval of staff support for police security with the sponsor paying all overtime costs contingent on the receipt of the required liability insurance and hold harmless agreement. RAB/tas File:u:sweeney/agenda Doc:Howard ~41an 6th ~Inn Winter Street Craft Fest Prlnted on Recycled Peper THE EFFORT ALWAYS MATTERS Sen,~ By: ~OWARD ALAN EVENTS; g544723891; £NT Jan-30-01 12:17; Page 2/2 January 30,2001 Mr. Robert Barcinski Assistant City Manager Ci~ of Delray 100 NW 1" Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: We are planning for the 6m Annual Delray Craft Festival, to be held February 24-25, 2001, on NE and SE 4'' Avenue from NE 1" Street to SE Is' Street Atlantic Avenue and bypasses will remain open, Please be advised that the following logistics for the 4~ Annual Delray Craft Festival will be arranged. Street Closure: Bob's Barricades will drop off barricades on Friday, February 23, 2001, and our employees will set them up early Saturday morning. Police: Lynn Parker at the Delray Police Department will arrange for Police and Security from 10:00 am - 5'00 pm on Saturday and Sunday, and overnight Saturday from 6:00 pm - 6:00 am. Port-O-Lets and Duml~ter' 3 regular and I handicap portolet have been ordered through Anderson Rentals and wilt be dropped off on Friday, February 23, 2001 and will be picked up on Monday, February 26, 2001, with servicing on Sunday, February 25, 2001. They will be placed next to the Library. A 20-yard rolloff dumpster is ordered from BFI and will be dropped off on Friday and picked up on Monday as well. Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: Parking will be at Hand's Pad~Jng Lot. (North side next to NE 1st Street) Insurance: City required certificates will be issued. If you have any questions, please feel free to call me at (954) 472-3755_ Sincerel~ Howard Alan, Premdent Howard Alan Events. Ltd. 9695 W. BRO~,AI1D BLVD {95,1 ) ,172 3755 www ar,ft'sllV al t' I & '~ T A '1 I 0 n, FAX (9541 472 FLORID ~. 33324 38'01 [IT¥ DF DELRI:I¥ BER£H DELRAY BEACH AII-An~aC~ lOO N.W. 1st AVENUE David T. Harden 1993 City Manager FROM: ~obert A. Barcinski Assistant City Manager DELRAY BEACH, FLORIDA 33444 - 561/243-7000 DATE: January 31, 2001 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 6, 2001 SPECIAL EVENT APPROVAL - SAINT PATRICK'S DAY PARADE ACTION City Commission is requested to approve a request to conduct the 33rd Annual Saint Patrick's Day Parade to be held on Saturday, March 17, 2001 beginning at 2:00 p.m., and to grant a temporary use permit per LDR's Section 2.3.6(H) for the use of Atlantic Avenue from Venetian Drive to the County Courthouse for the parade and Venetian Drive and Gleason Street for staging of parade entries. Commission is also being requested to approve staff support for traffic control and security, barricading, trash removal and assistance in obtaining the FDOT permit. B,4 CKGR 0 UND Attached is a request from Edward Gallagher on behalf o the St. Patrick's Day Events, Inc. to approve the parade and provide staff support for traffic control and security, clean up, barricading, and assistance in preparing the FDOT permit. The parade would start at 2:00 p.m. and end approximately 3:30 p.m. Although not stated in the letter, Venetian Drive andGleason Street would be utilized to stage the parade entries and we would close these streets by 12:30 p.m. The alcohol waiver requested can be approved by the City Manager. Estimated overtime for the event is $5,100. Also attached is a memorandum from Lt. Williams, from last year, outlining other conditions and suggestions that should be required. The parade organizers and I concur with these conditions. RECOMMEND,,t TION I am recommending approval of the event request, the temporary use permit, and providing staff support as requested with the following conditions: 1. All overtime costs are to be paid by the event sponsor. 2. All conditions contained in Lt. Williams January 20, 2000 memo be met. 3. That the event sponsor provide the City with the required general liability insurance and hold harmless agreement. RAB/tas File:u:sweeney/agenda Doc: st patricks day parade 2001 Pdnted on Recycled Paper THE EFFORT ALWAYS MATTERS January 30,2001 ST. PATRICK'S DAY EVENTS, INC. P.O. BOX 1016 DELRAY BEACH, FLORIDA 33447 TEL & FAX: 561 276 0308 Mr. Robert Barcinski City of Delray Beach 100 N.W. 1=t Avenue Delray Beach, Flodda 33444 Re: St. Patrick's Day Parade Dear Mr. Barcinski: Pursuant to our meeting of January 23, 2001, I hope the following information addresses the questions that you raised: 1) 2) 3) 4) 5) Enclosed you will find Lt. William's letter from the 2000 parade which will serve as the guide for this year's parade as well. The chadfies we are going to work with are: a) MADDADS b) Delray Beach Youth Council c) Community Child Care Center d) Cadng Kitchen e) Delray Citizens for Delray Police It will work as follows: We will have three (3) parade judges voting on the two best floats in the parade. On the application, each entrant will have to specify their choice of charity from the list we provide. The Winner's chadty will receive 75% of the money raised and the 2r= place entrant's chadty will receive 25% of the donations. Enclosed please find copies of my letters to the F.E.C. Railroad and the Coast Guard. I have contacted Plastridge Insurance to acquire insurance for the parade (Certificate to follow). As I stated in my letter of January 11, we will be supplying 25 parade Marshalls to assist in keeping the parade moving and under control. I hope this answers any questions you might have however, please feel free to call me if you require anything further Regards, Edward Gallagher Parade Coordinator January 30, 2001 ST. PATRICK'S DAY EVENTS, INC. P.O. BOX 1016 DELRAY BEACH, FLORIDA 33447 Tel& Fax: 561 276 0308 Lt. Roger B. Bohnerdt Chief Bridge Section Aids to Navigation and Waterways Management Branch Seventh Coast Guard District Brickel Plaza Federal Building 909 S.E. l=t Avenue Miami, Florida 33131 Dear Lt. Bohnerdt: This letter is just a reminder of the upcoming 33'u Annual St. Patrick's Day Parade. The parade is scheduled for 2:00PM Saturday, March 17, 2001 and will cross over the Atlantic Avenue Bddge at approximately 2:15-3:30. As always, we will provide Parade Marshalls and the local Police Department will be present to insure the safety of the public. Regards, Edward Gallagher cc: Robert Barcinski, Assistant City Manager Officer Finley, Deimy Beach Police Dept. Marjode Ferrer, Coordinator, Downtown Joint Venture ST. PATRICK'S DAY EVENTS, INC. P.O. BOX 1016 DELRAY BEACH, FLORIDA 33447 TEL & FAX: 561 276 0308 Janua~ 30,2001 Mr. Deputy Vice President, Transportation Flodda East Coast Railway 1 Malaga Street P.O. Box 1048 St. Augustine, Flodda 32085-1048 Re: St. Patrick's Day Parade - Delray Beach, Flodda Dear Mr. Deputy: This letter is being sent as a reminder of the upcoming 33~ Annual St. Patrick's Day Chadty Parade in Delray Beach. This year He parade is actually on St. Patrick's Day, Saturday, March 17, 2001. The parade will rui~ East along Atlantic Avenue and cross the F.E.C. railroad tracks at about 2:30PM. We understand that the railroad scheduling cannot be altered for the parade. We will have parade Marshalls and local police officers monitoring the parade to insure a safe event. Please feel free to call should you need any further information or clarification. Edward R. Gallaghe¥ Coordinator cc: Robert Barcinski, Assistant City Manager Officer Finley, Delray Beach Police Dept. Marjorie Ferrer, Coordinator, Downtown Joint Venture ULLKM¥ bLOOM PULlbL DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Mr Robert Barcinsld As:istant City Manager FROM: Lie ~tenant Geoff Williams Sin cial Operations Section DATE: Jan tory 20, 2000 SUBJECT: ST. PATRICK'S DAY PARADE Below is a list of]he police department's requests and suggestions for a safer St. Patrick's Day parade. 1. Parade marsh tls: · Organizes sh~,uld provide twenty marsluds to monitor paradc participants and enforce restrictions. · Marshals sho~ t not he permittea~to consume alcohol prior to or during the parade. · Marsba.!:s need o be informed of the mbs for the parade and trained in what to do ffthe rules are broken. They need to t e identifiable. Marshals should be clothed in a brightly colored T-shirt (day glow) with the words "PARADE MARSHAL" printed on the front and back. · They need to b: trained in how to line up the floats, marchers, etc., in the staging areas and how to get the~ n onto E. Atlantic Avenue in a timely manner in order to keep thc gaps to a · Two marshals ~teed to be assigned to assist the officers posted at E. Atlantic Ave. and the FECRR to help with clearing people ~om the tracks as trains app~roach. 2. Alcohol license exte,sions: · The city should not grant any alcohol license extensions, 3. Floats: Float operators need to be given a list of parade rules and held accountable for their enforcement. · All parade parti~ :ipants need to travel to the te, m~us located at the courthouse. * Absolutely no acoho] will be per~tted on any floal. It is a violation ofF. S. 316.1936 which states "It is un]awful and punishable,,,for any person ~o possess an open container of an alcoholic beven ge while operating a vekiclc in the state or while a passenger in or on a vehicle being o ~erated in the stale." According to our logal advisor, Kathy Kozol, this 16:25 5612436232 DELRAY BEACH POLICE PAGE 03/03 Z/2000 2 prohibition do .'s emend to trailers being drawn by any vehicle. This can be enforced by the officers we wi I have downtow~ early. They can j~pect each float/vehicle participating in the parade. The'e will probably have to he a clause in the float permits whereby ,thc operator~/own ~rs agree to permit full inspection by the Delray Beach Police Department. No items at all ~hould be pexmitted to be thrown fi.om any float, vehicle or by any person participating ir the parade. There is no problem with walking participants handing out items such as candy, hats, etc.. 4. Vendors: · No vendor ah~,uld be permitted to sell Silly String or similar iter~ noisemakers known as Snaps or Popp .~r~ or any other type of exploding or pyrotechnic dex6ce. Nor should they be permitted to se 1 any item that is thc facsimile o£any weapon. 5. Crowd Contr~ 1: * We would like to utilize the French barricades to assist us with crowd control in the 200-300 blocks of E. At antic Ave. Should you have m y questions I ca~ be reached at X-7885. GRW/grw Captain Ma 'k Davis S ' 'SE SVaNTON AVE (~ I 1 SE 1STAVE ~ ~ T N N E D. E. F. H. L J. No_ P. h E :: E '1' T Me -- DELRAY BEACH POLICE DEPARTMENT PERMIT APPLICATION PARADE OR MARCHING ASSEMBLIES Name of person requesting permit: Sponsoring Group: , ~"7". Address: { { ~"' Contact Phone Number: Date/Time of Event: ~/l'7/t~g/. Number of Participants: Parade Route: % Marchers zip Floats ~ Bauds Amplified Music requested? yes ~ no Waiver applied for? yes no Parade Rules: Applicant Signature: Special Conditions: · All signs and placards shall be consu'uctcd of pasteboard or cloth material, · Fighting or throwing of any objects is s~ctly prohibited, · At no time shall the marchers stop on the street or sidewalks for the purpose of impeding vehicular or pedestrian traffic. · Parade/march routes that traverse railroad system(s), state roads or cross lntracoastal bridges must have prior approval from the governing body of those trafficways, such as, F.E.C. Railroad, Florida Department of Transportation, or thc U.S. Coast Guard. See reverse side for special instructions. · Failure on the part of thc event participants to comply with the conditions set forth therein, shall cause this permit to become null and void at th~ime of the violation. · This permit must applied for at least forty-five (45) days in advance of the proposed event date, unless otherwise stated by the special instructions on the reverse side. · Person(s) in charge of the event shall bc responsible for ensuring all participants are orderly and will provide marshals to ensure participant safety. · The person/group applying for thc permit will bear thc cost of Police overtime, unless specifically waived by the City Commi-~sion. · Thc person/group applying for the permit will bear thc cost of cie, an-up incurred by~he City of Delray Beach. ~ Date: I/fO/Of , [ ' ' '***"POLICE DEPARTMEI~T USE ONLY**** Number of Officer(s) required: Compensation for Police Personnel: , Person/Group to be billed: Mailing Address: .... Phone Number Final Approval: Chief of Police Traffic Control ,, Security Detail Rate City Overtime Waived , City St. ZIP Date: Date"of Approval [IT¥ I]F DELRR¥ BER[H DELRAY BEACH AII-AlaericaCit¥ 100 N.W. 1st AVENUE * DELRAY BEACH, FLORIDA 33444 * 561/243-7000 993 TO: David T. Harden City Manager FROM: ~ Robert A. Barcinski I- Assistant City Manager DATE: February 2, 2001 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 6, 2001 FUNDING REQUEST - THE DELRAY BEACH CHORALE ACTION City Commission is requested to consider providing financial support to the Delray Beach Chorale to assist in subsidizing to Eisenstadt, Austria in August 2001. BA CKGR 0 UND Attached is a request from Mr. Hugh Strachan, President of the Delray Beach Chorale requesting financial assistance for their trip to Austria in August 2001. Included is a history of the group, a summary of their programs/outreach in the community, a fact sheet on the trip and various letters of support. The group members will pay for half the cost of the trip ($40,000), but are seeking community and foundation assistance to subsidize the additional $40,000 costs. Mr. Strachan has indicated that they have submitted grant requests to various foundations, as well as, have requested assistance from other government agencies. He has indicated that County Commissioner McCarty has committed to a $4,000 contribution. Mr. Strachan has also requested that the City consider initiating a Sister Cities relationship with Eisenstadt, Austria. We will take this request to the next Sister Cities committee meeting for consideration; however, as I explained to Mr. Strachan, it is unlikely that the Committee would want to initiate another Sister Cities relationship at this time. A contingency of approximately $2,500 is available in the general fund grant budget. RECOMMENDATION Staff recommends consideration of a donation to the Delray Beach Chorale in the amount of $1,500. RAB/tas File:u:sweeney/agenda Doc:Funding Request Delray Beach Chorale THE EFFORT ALWAYS MATTERS Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 The Delray Beach Chorale P.O. Box 127 Delray Beach, FL 33447 January 19, 2001 Dear Bob: I'm writing you to appeal for our community's financial support of the Delray Beach Chorale, a community treasure with a long tradition of cultural enrichment and performance excellence. History: The Delray Beach Chorale is a not-for-profit cultural organization of about 60 singers, now approaching its twentieth performing season. The group presents choral masterpieces at the highest artistic level, accompanied by ranking members of the Florida Philharmonic Orchestra. As an extra compliment to the excellence of our chorale, the Delray Beach Chorale has recently been invited to go on a singing tour of Austria in the summer of 2001. Our budget to send 40 singers on this venture is $80,000, of which the chorale members have pledged to raise $40,000 thru personal contributions plus car washes, cake and cookie sales, hand crafts, etc. I am asking area companies and foundations, as well as neighboring city and county officials to help us with the other $40,000 in return for the benefits of publicity, tourism, commercial and cultural exchange. Community outreach: Our choral music performances aro given at aroa churches and theaters. The chorale also performed In December at the Delray Beach Christmas tree festivities at Old School Square, and we aro planning a new concert offering with the Delray Beach Playhouse in the spring. The list below typifies our commitment to bringing the joy of groat music to people of all ages and faiths within our community: It has become an annual tradition for the chorale to entertain the seniors and shut-ins at Harbour's Edge in Delray Beach, for people who otherwise could not attend concerts. The chorale gave two free concerts on a recent New Years Eve as part of the Delray Beach First Night presentations, and we gave a free concert at the Public Library in the fall. Each year we bring a time of gladness to the clients at the ^lzheimer's Day Care Center with our holiday time music. Each year the chorale partners with the Boca Raton Music Guild, to finance two scholarships for worthy st.udents who are majoring in vocal music at the college level. During the past two summers the chorale participated in an 8-week program of education in the arts for area disadvantaged children, as part of our membership in the Delray Beach Cultural Alliance. Diversity: The membership of the Delray Beach Chorale approximates the makeup of the community it serves. Ages range from the twenties to the eighties, with a broad mixture of faiths and personal lifestyles. The chorale is committed to pursue a greater degree of racial diversity. An ongoing effort has three of our board members who are public school teachers preparing for visits to area high schools, and contacts are being made with three of our fellow member organizations within the cultural alliance - Roots, EPOCH and Milagro. Through these various contacts we are encouraging people of color to come and join the chorale. Several of these organizations have sent letters (attached) commending the chorale for its community involvement with them. Mr. Robert A. Barcinski - 2 - January 19, 2001 Communities: Although its name suggests a Delray Beach only organization, the chorale draws its membership from the entire county and beyond. We are contacting elected officials in our neighboring cities and at the Palm Beach County level to enlist their interest and support. This year our membership is distributed as follows: 37 21 14 5 5 6 Delray Beach Boca Raton Boynton Beach Ocean Ridge and Briny Breezes Lake Worth and north Palm Beach County Deerfield Beach and south Sister Cities: In recent communications to you and to Marjorie Ferrer at the Chamber of Commerce, I inquired about Sister Cities, and suggested our pursuing the feasibility of making Eisenstadt, Austria, a candidate for the Delray Beach Sister Cities Program. I appreciate your interest in our chorale, and look forward to pursuing the next steps in our "Austrian Venture" with your involvement. Most cordially, ~chan~ The Delray Beach Chorale 561-912-6551 office phone e-maih strachan(~sensormatic, com Attachments: Delray Beach Chorale- flyer Letters of Commendation: Old School Square Delray Beach Cultural Alliance Delray Beach Chamber of Commerce, Joint Venture Roots Cultural Festival Milagro Cultural Center Alzheimer's Association Newspaper clippings The Delray Beach Chorale P.O. Box 127 Delray Beach, FL 33447 Januaw 12,2001 Mr. Bob Barcinski, Asst. City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Dear Bob: RECEIVED JAN f 6 2001 A$$15 l-~,,~ d- CITY MANAGER I'm writing you at the suggestion of my friend Joe Gillie at Old School Square, and to follow up on the phone conversation you have already had with my singing partner Marge Boyd. The Delray Beach Chorale is a not-for-profit cultural organization of about 60 singers, now approaching its twentieth performing season. The group presents choral masterpieces at the highest artistic level, accompanied by ranking members of the Florida Philharmonic Orchestra. We have been giving concerts at area churches and theaters, and taking the joy of free music performances to homes for Delray Beach seniors and Alzheimer's clients. As an extra compliment to the excellence of our chorale, the Delray Beach Chorale has recently been invited to go on a singing tour of Austria in the summer of 2001. I have attached a fact sheet giving details of "The Austrian Venture". Could the City of Delray Beach help us to make this tour feasible? Could we discuss the possibility of making this tour part of the "Sister Cities" program? Will you .help us by recommending the best way to approach the city and the commissioners? Does it look feasible for us to present a proposal at the February commissioners meeting? I appreciate your interest in our chorale, and look forward to discussing the next step with you. Could we meet at Doc's for a soda and a 10-minute chat? Most cordially, Finn, President The Delray Beach Chorale 561-912-6551 Office E-mail: strachan~,sensormatic, com Jan 12, 2001 FACT SHEET- DELRA Y BEACH CHORALE - THE AUSTRIAN VENTURE The Delray Beach Chorale, representing the Ali-American City. 40 singers from DBC to be primary basis for 100-voice chorus. Organized by Scripps College, California DBC is the group that wrote "The Delray Song.~a gift to Old School Square DBC is an active and leading participant in the Delray Beach Cultural Alliance, a group of 15 non-profit arts organizations founded by the City. VVhen: August 1 -August 16, 2001 Vienna & Eisenstadt What: Mozart - Great Mass in C Haydn - Harmony Mass 5 concerts (Latin) (Latin) Time Frame: Budget: Jan 10 Jan 22 Jan 22 Mar 30 May 30 July 31 $ 650 $1200 $1850 $1000 Initial name-list to Scripps Initial name-list to travel agent $50 deposit on airfare, non-refundable firm list to Scripps All payments in to Scripps From Miami to Vienna air travel, Lauda Airlines, leave 7/31, return 8/16 moderately good housing, like an Inn or Bed & Breakfast per person, not counting dinners, etc per person fund-raising goal organized by DBC board City of Delray Beach: Hope to contact & get their interest & support Next Commissioners meeting is Feb 6. Benefits: Publicity for Delray Beach Tourism Cultural exchange. Tile Delray Beacll Cblrale Quality Choral Music In Our Community Old School Square C U L T U R A L ARTS CENTER January 18, 2001 Mr. Hugh Strachan President Delray Beach Chorale P.O. Box 127 Delray Beach, FL 33447 Dear Hugh: We at Old School Square are very proud of the association we have had with the Delray Beach Chorale over the years. I particularly want to recognize the important role you have played with regard to your performances in the Crest Theatre, as well as your participation in the Delray Beach Cultural Alliance. The Delray Beach Chorale is a great cultural asset to this community, providing superb performances, community outreach, and opportunities for individuals with a passion for music to get involved. In light of the many years the Delray Beach Chorale has served this community, I feel the group is certainly worthy of community support. r?~st re~rds, Director JG/mc Old School Square, Inc. 51 North Swinton Ave. Delray Beach, Florida 33444 Phone (561) 243-7922 Fax (561) 243-7018 Delr y Be ch Cflltflr'dl Alliance January 18, 2001 To whom it may concem: Please accept this enthusiastic letter of support for the Delray Beach Chorale. The Chorale was a founding member of the Delray Beach Cultural Alliance and continues to be one of our most involved member organizations. The Chorale has formed parmerships with Cultural Alliance members like the Old School Square Cultural Arts Center and the Delray Beach Playhouse to bring performances to our community. The Chorale has participated in many ways that have benefited the Cultural Alliance and is always an active member in our educational programs. Hugh Strachan has volunteered his experience in fmancial matters and has served as the Treasurer of the Cultural Alliance since its founding in 1998. Please let me know if I can provide you with more information about the involvement of Mr. Strachan or the Delray Beach Chorale in the Cultural Alliance. Delray Beach Cultural Alliance P. O. Box 913 Delray Beach, Florida 33447 OZ/&8/200! Z2;27 56i2780555 DB CH~gER COHHERCE PAGE 0i San. ~8, 200! To Whom It My Concern; On behalf of the bel~y Beach Joint Venture, ~[ feel the bel~y Beach Chorale worthy of community support for their planned performance to Austria next summer. buring the Christmas holiday, the Chorale performed on the Community Entertainment Stage and ! found the group extremely talented and professional to work with. Hugh Strachon made himself available to Gnswer questions and helped prepare all the details prior to the event. Suzy Rusk ,Special Project Assistant Joint Venture DE~,Y, AY ]~EACH JOINT VENTURE - Community Rm:l~vclopm=nl Aget~cy · Delray Beach Chamber oFCommeme · Dow~own Development Authority 64-A $ E. Fifth Avet~U~, D~lrly Re~, FL 35483 - Te): 561-275-0424 · Fax 56] -278-0555 THU 16:03 FAX 5612437075 OOT$ CULTURAl, F£$TiVAL. lNG. A Celebration of Unity and Culture 0O2 January 19, 2000 To Whom It May Concern: It is with great pleasure to offer support to the Dclray Beach Chorale and Mr. Hugh $1xaghn. The Roots org,'mlzadon has worked with the Delray Beach Chorale for more than two years and they have beel~ very supportive in offering Teclmical Support as well as programming ottr compaters at our headquarters. We support them in their endeavors which help to improve the quafity of life in the community. This support has not gone without gratitude to our organization. We are pleased to support them i.n their endeavors. We wish them thc best in their efforts. Siacer. ely, Tommy Stevens Executive Director P.O. Box 2654 Delray Beach, FL. 33447 JAN 19 ' 01 CFR[) 19'49 ~ILAGRO 5612792507 PAGE To whom it may concern: This letter is in reference to Hugh H. Strachan and the Delray Beach Chorale. I am familiar with Mr. Strachan's work as President of the Chorale by working with him in collaborative projects with the Delray Beach Cultural A21iance for the past 2 years. I fceI that the Delray Beach Chorale deserves the community's support for their planned trip to Austria in August 2001 and hope they will be able to represent Delray Beach as the great cultural site it is by performing in such perfect environment as Austria is for a group like the Chorale. My best wishes to Mr. Strachan and the Delray Beach Chorale. Please feel free to contact me for additional details at (561) 279-2970. Executive Director P.02 ALZ® ASSOCIATION Someone to $1and by You 'Help and Hope Since 1985" January20,2001 To Whom It May Conccrn: This letter is written with thc sole purpose of "singing the praises" of a WON D E RF UL singing group known as !he Delray Beach Chorale I am the Director ofthe Alzheimer's Adult Day Center in Delray Beach, Florida and the very fortunate recipient ora semi-annual concert presented at our Day Center by none other titan, The Delray Beach Chorale. Social invitations are commonly the first to go, (just after the short term memory) in people afflicted with Alzheimcr's disease, so whenever ! schedule special concerts with the Chorale, we pack the house~ The music is happy and uplifting and reaches deep into the soul of even people with Alzheimer's disease. We are especially fond of, the number performed exal[ing Delray Beach! The Delray Beach Chorale will represent our fair city in this opportunity to go abroad and I consider it a privilege to endorse their endeavors! Sincerely, Denise Parsons Center Director Ileadquarter~ 1 ~,2=, S Congtcss Ax cnu~ l}oymuz~ Brach, ~vnda (561) 74~1180 (8~) Ad~ ~y Cemer 850 N, Cen~css (56 ~) 26 F~. (561) i65 4740 Sm~ Office Profcs~i0~al Business Off ~ Southea~l Stuart, Hori~a F~ (~1) 74~l ~aM of D~cctors ~.¢ldrnt John Robarb, M Vlte-Prelldoff bnda Gflchm~ Vtce Pregldent Kalt I red,ay Barq' M khul[t, M D T~astt~,r Ro~rt B, hmm Carl $adowsky, M D S~ly ~baR Jo~ph Cat~e ~ofe~lonM ~e( uth~ Dlr*~or Ma~ S ~/urd Otmctor q finance and 3dmlnlstratlon Chert DiP~ctm Dtmctor q ~,~,lopment Nan~ Ro~rn Day Center Dtrector Ol~ctot uf P~tte~lt, Ftt~ttl 6 Eduattion Servlce~ Ma~nnn Thcu~r, R N., Sune 203 c¢ Scrrhl~, l~¢th. Ileacl~, ,Uarlltt, O/cec~ Imbee ,trtd .¢t /title Cotmtle$ The Palm Beach Post · Weclnesday, December 6, 2000 Neighborhood Post Chorale to perform holiday concert By Katie Mee Palm Beach Post Staff Wnter DELRAY BEACH m This Christmas season, enjoy a holiday concert performed by the city's own Delray Beach Chorale. The 75-member choir will be holding its 19th annual Holiday Concert on Sunday, Dec. 10, at the First Presbyterian Church in Delray Beach. The concert will feature Judas Maccabaeus by G.F. Handel. "Judas Maccabaeus was a military hero from Jewish history, who helped fight for Israeli freedom, which is celebrated in Chanukah," said Hugh Slxa- chart, president of the Chorale. "It's a great piece and it appeals to those of all religions." The concert also will include the music of John Rutter and Randol Bass. "The Christmas carols by Rutter are short, snappy and exciting," Strachan said. "And Gloria by Bass will have everyone out of their seats and in- spired." Two concerts will be held on Sunday at 4 and 8 p.m. The Chorale asks for a $10 donation for adults and 85 for students. "We try to do something different each year - something that people haven't heard in a while or ever," he said. 'This year it will be great." The choir, under the direction of Kent g. Mor- gan, has been rehearsing for the big night twice a week for the past 14 weeks. 'This is our chance to show the community how the skills of our members have increased," Strachan said. "We're more than just a community choir. We've become a professional chorus and this is our chance to show it." And if you can't make either of the Sunday con- certs, catch the singers on Friday, Dec. 15, at the Christmas Tree in front of Old School Square from 7-8 p.m. "We also will be doing concerts at the Alzh~ imer's Day C,,a[,e Center and Harbouffs Edge in Dekay Beach,' Strachan said. "We try to bring the music to those who can't make it to the concerts." Delray Beach Chorale a little-known secret' Choir draws singers from South County, beyond BY NANCy MILLF. ll STAFF WRITER A mY Robinson of Boca Raton calls It "a little known secret."Toddy Howe of Delray Beach says it keeps her young · Ami for Kent A Morgau of Fort Lauderdale. It's a musical 'gem" . ,~,,~t Cis[e~a,r'e r~e~lng to ~e Detray ~, Cborale',ea group of mo~ men 60 men and* women dedicated to bringing outs~nding concerts w the local community 'We hope Lhg community will be very much enriched by [he music." says Howe, hon- orary ~cc president, past president and member o[ the chorale since I~ was founded · In 1982 and In whoae honor the chorale has established Lhe annual Toddy ~owe Scholarship "These are the great composers of world," says Howe. "This kind of music Is ve~ heartwarming. 1~ sUmulates the soul The nonpvofl~ chorale is a mixed vmce, non-religious group that pcesen~ two major concer~ each year in the First Pcesb~erian Church, 33 Gleason St, in Delray Beach The choir draws members from Fort Lauderdale north W West Palm Beach, with ~he majority /rom Delray Beach, Boca Ra[on and Bo~[on Beach. Morgan, the chorale's music dffector for neaMy 8eve~ years, was attracted ~ presen~Uon o~ "great choral masterpieces with orchestra on a comparaUvely unusual scale of artistic commitment" "l['s Important [or the commum~y oi De/ray Beach to know this cultural organization very unusual In the sta~ el Florida - one the trw that performs these choral maste~- p/errs with orchestra." he says The volunteer chorale Is accompanied by 15 to 25 mumcmns icom the Florida Philharmonic Orchestra along with Morgan's wife. CaroJ~, aa accompJlshe~ plaflls~ Concer~ t~lcally feature four professional solols~ as wefi "People go away feelln~ upllAed." Howe says "Ii they'll lus~ come w ~he concerts. kln)w they'll bcncllt ~liun: ( (Jinl: I1~ t'Vt'l'} concert and wouldn't miss IL." The chorale is rehearsing weekly, tl)r ils first performances at 4 p m and 8 p fit on Sunday. Dec 10. at the chili'ch, when It will present Handel's oratorio 'Jud[ls Maccabeus." and several/;hrlstmus Im spetn~ concert on Sunday, &pi'il 22, will Include music Oy Poulenc, Joho Rutter and Vaughan Williams Unaffllla~d with First Church, the chorale Is a member 0f the Delray Beach Cultural Alfianceo a group nonprofit organizations active In Intplement- lng arts, cultural and heritage programs in Delray Beach. Using matching funds frum the Musw Gtuld of Boca RaWn, It provides the annual $2.000 ~ scholarships to high school seiners qualified In the field of music For Hugh Strachan of Boca Rs/on, presi- dent of the chorale's 16-member board of directors and a member since 1986, commu- n!ty outreach Is especially lnwortant The group has presented free concer~ at the Delray Beach Alzhelmer's Adult Day Center, the Delray Beach Public Library and Harbour's Edge, a retirement community De/ray Beach, "We bring the joy et great music W the communlW - those who expect It and those who are ~earlng It for tl~e first time," Strachan says Some members, like Amy Robhlsou, sing for the "pure pleasure" of It Others are experienced voice, ~us~c or piano teachers, plus everyone In between "The main strength Is thc growing degree of musicianship and genera/abilities of the group," Kent Morgan says "It Is well orga- nized and always has been" Admission to the eoncer~ Is $10; $5 for student. Rese~ations are not required and tlcke~ are available at the door For details· call 368-2173 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~f~ AGENDA ITEM q' ~. - REGULAR MEETING OF FEBRUARY 6~ 2001 BID AWARD FOR LANDSCAPE MAINTENANCE (ATLANTIC AVENUE GREENWAY PLAN) FEBRUARY 1, 2001 This is before the Commission to consider approval of a bid award in the estimated amount of $14,793.00 to First Genesis Lawn Service for the annual landscape maintenance contract for the Atlantic Avenue Greenway Plan (vacant lots). It is on the regular agenda because the recommendation is to award to the second low bidder. The apparent low bidder, Tropical Lawn & Landscaping, has done work for the City in the past and did not perform up to standard. A prior contract was not renewed. The Parks Superintendent has checked references on the second low bidder, First Genesis Lawn Service, and made a site visit to their facility. All references were satisfactory, and it has been verified that the company has the proper equipment and manpower to perform the work. It is staff's recommendation that the bid be awarded to First Genesis Lawn Service as the lowest responsive, responsible bidder. Recommend approval of the bid award for the annual landscape maintenance contract for the Atlantic Avenue Greenway Plan to First Genesis Lawn Service. Funding will be from 119-4144- 572-46.40 (Beautification - Maintenance). Ref:Agmemo 14.Bid Award. Landscape Maintenance Atlantic Avenue Greenway AGENDAITEM NUMBER: AGENDA REQUEST Request to be placed on: February 06, 2001 Date: January 31, 2001 XX Consent Agenda __ Special Agenda __ Workshop Agenda Description of agenda item: Bid Award - Bid #2001-07 - Landscape Maintenance - Atlantic Avenue Greenway Plan (vacant lots) - to second Iow bidder, First Genesis Lawn Service at an estimated annual cost of $14,793. ORDINANCE/RESOLUTION REQUIRED. YES NO Draft Attached: YES NO Recommendation: Bid Award for Landscape Maintenance to second Iow bidder, First Genesis Lawn Service - for the Atlantic Avenue Greenway Plan (vacant lots) at an estimated annual cost of $14,793. Funding from account code 119-4144-572-46.40. Determination of Consistency ~dtb-C~omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all item~involving ~xpenditure of funds): Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~ Hold Until Agenda Coordinator Review: Received: Action: Approved (if applicable) No Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney,.Purchasing Supervisor Joseph Saffor~ance Director January 31,2001 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING FEBRUARY 06, 2001 - BID AWARD - BID #2001-07 LANDSCAPE MAINTENANCE - ATLANTIC AVENUE GREENWAY PLAN - ANNUAL CONTRACT Item Before Commission: The City Commission is requested to approve the award of Bid #2001-07, annual contract for landscape maintenance for the Atlantic Avenue Greenway Plan (vacant lots) to First Genesis Lawn Service for an estimated annual cost of $14,793.00. Background: Bids were received on December 05, 2001, from six (6) vendors all in accordance with City Purchasing Policies and Procedures. (Bid #2001-07 on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Director of Parks and Recreation and the Parks Superintendent recommend award to second low bidder, First Genesis Lawn Service. Recommendation was made to award to the second low bidder, as the low bidder, Tropical Lawn, has done work in the past for the City and their performance was poor and they did not respond in a timely manner to requests from the City. The Parks Superintendent has checked the second low bidder, First Genesis Lawn Service, and comments received were satisfactory and also a site visit was made to their facility and they have the proper equipment and manpower to do the work. See attached recommendation memo dated January 22, 2001, from the Director of Parks and Recreation. Recommendation: Purchasing staff recommends the award to low responsive/responsible bidder, First Genesis Lawn Service at an estimated annual cost of $14,793.00. Funding from account code #119-4144- 572-46.40. Attachments: Tabulation of Bids Memo from Director of Parks and Recreation £1TY I)F I)ELAI:IY BEI:I£H D£LKAY BEACH NI-America City 100N.W. lstAVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMOR_~NDUM 1993 TO: Jackie Rooney, Purchasin9 Supervisor FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Bid #2001-07 (Rebid of #2000-48) DATE: January 22, 2001 Attached please find a spreadsheet for Bid #2001-07 for landscape maintenance on Atlantic Avenue Greenway Plan. The low bidder was Tropical Lawn and Landscaping. However, the City has had performance problems with Tropical Lawn and Landscaping. Tropical's contract with the City for Bid #99-50 was not renewed when it expired on January 4, 2001 because of their poor maintenance performance. Our Parks Maintenance Department had to identify problems with plant material, point out sucker 9rowth on trees as well as dead wood, and remind them about routine scheduled maintenance. They did not respond to any of our requests in a timely manner and their overall performance was poor. Therefore, I am recommendin~ the contract be awarded to the second low bidder, First Genesis Lawn Service, in the amount of $14,793. First Genesis listed the City of Boynton Beach as a reference. Mr. Simmons checked with Boynton Beach who indicated First Genesis did satisfactory work. Additionally, Mr. Simmons indicated First Genesis has the necessary manpower and equipment to do the job. This should be charged to account #119-4144-572-46.40. Please place this on the agenda for City Commission consideration on February 6, 2001. D~! of Parks and Recreation Attachments cc: Tim Simmons, Parks Superintendent Ref:lsbidrec Prlnted on Recycled Paper THE EFFORT ALWAYS MATTERS TO: Jackie Rooney, Purchasing Supervisor THROUGH: Joe Weldon, Director of Parks and Recreation Tim Simmons, Park Maintenance Superintendent D ATE: 1/04/01 o7 SUBJECT: BID # 2001-48- o7 I am writing this letter to recommend that this Bid # 2001-4~ not be awarded to TROPICAL LAWN & LANDSCAPING for the following reasons. Tropical has worked for the City of Delray from 1/4/00 to 1/4/01 they where not renewed for their poor maintenance performance. They had to be contacted by the Parks Department for routine scheduled maintenance monthly. The Parks Depathnent had to identify problems with the plant material continuously for Tropical, we had to point out sucker growth on trees and dead wood that should have been taken care of by the contractor on any service day the where there. They would take days to respond to request made by the Parks Department. Their overall performance was poor and unprofessional. After reviewing the bid package and contacting the listed references and visiting with the contractors it is My recommendation that we award this bid to First Genesis Lawn Service. Z MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM c/.~. - REGULAR MEETING OF FEBRUARY 6, 2001 AIRCRAFT NOISE DATE: FEBRUARY 2, 2001 This item has been placed on the agenda at the request of Commissioner Schwartz. RefiAgmemol .Aircraft Nmse (:lTV I)F DELRI:I¥ BEI:I[H DELRAY BEACH AII-AmericaCity 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 1993 TO: FROM: City Commission David T. Harden, City Manager DATE: January 30, 2001 SUBJECT: Boca Raton Airport Commissioner Schwartz asked that the attached articles be distributed to you as he felt that this is one of the most important issues affecting Delray Beach. /dr {~ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS THE PALM BEACH POS~ THUR.~D'AY, JANUARY 25, 2001 s ' "-Beach "'als' ! eerf eld office. · ' bj B p pla ectto ocamr ort ns 2'.'By John'Mura~ld - including participation from Deerlield Beach. ~ '..Palm Beach POst StaffWtiter 'q'hey said it is a criterion in order to complete :.*:: ' Airplanes must avoid Deerfield Bdach airspace the report," Capellini said. "It's not just a Boca Rat. on' ~ion their way in and out of Boca Raton Airport,. issue." ., ;Deerfield Beach officials told federal aviation regu- Capellini and Deetjen met with Reginald Mat- .;.:'lators Wednesday during a trip to Washington. thews, manager of the FAg's Air Space and Rules ~'~ Deerfield Beach Mayor A1 Capellini and City ' Division in Washington. Matthews did not return :.~Man. ager Larry Deetjen met for more than an hour calls s~eking cornment~ 2 :'with officials at the F.ederal Aviation Administrafion, - Wade Carpehter, supervisor of the FAg's Air [ !C.apellini shid aftir the meeting. Space Section in Atlanta, participated by phone; he ; ! . Capellini's c!aim: Boca Raton AirportAuth,ority's did not return calls. W'fllie Card, the FAg's manager ~plans to cohtrol noise by rerouting flight paths to of contract towers, was also tit the meeting. He re- , ~/stern Boca Raton i~ flawed. ~ ferred calls-to the FAg's public affairs'bfficer, who -'.: The airport authority is preparing to submit the ;said she could not reach ,the right people to cdm-. ~[flight path change request to the FAA for the agen- -inent Wednesday. 5~cy's approval. It follows a contentious, two-year . When told about the meelinlk in Wa'sbJngton, ~ istu. dy.. Kneiser said: "Deerfield Beach has had ample op- }i Authority Chairman Frank Kneiser, who is ,' 'portuni~ to participate and u~o,,rtunately.,did !{campaigning- for Boca Raton City Council, has' ...We certainly made overtgr..es. ._ ~hrned Deeffield Beach officials that the proposed Deerfield Beach officials we're invited to h public ~ ;changes will send noisyplanes flying over Deerfield discussion last year that included mayors from ;;Beach. Boca Raton Airport Director Ken Day has Itighlarid Beach and Dekay Beach, as well as [ 3old Capellini and Deetjen just the opposite, members of the Palm Beach County Cqmmissi?n~ ;: Capellini said the FANs representatives told ,Kneiser said. ~-him at Wednesday's meeting that the airport au- Responded Capellini: 'We need more than to be ': :thority's proposal is incomplete because such a re- part of a public forum with 500 screaming peopl&" ::quest must be based in part on public comments, )-john_murawski@pbpost.com XSun.- Sentinel.~:om A~chives Sun Sentinel ¢om ARCHIVES Page 1 of 2 Home News Sports Entertainment Classified Business DEERFIELD PROTESTS BOCA'S JET NOISE < FEDERAL OFFICIALS OFFERING TO FUND STUDY OF AIRPORT Published: Thursday, January 25, 2001 Section: LOCAL Page: 3B By GLENN JEFFERS Staff Writer Deerfield Beach Mayor A1 Capellini and City Manager Larry Deetjen met with Federal Aviation Administration chiefs Wednesday in Washington, D.C. The two spent an hour with officials discussing their complaints about noise from Boca Raton Airport and their request to amend the Airport Noise and Capacity Act of 1990. Capellini and Deetjen met with Program Director John Walker of Air Traffic Space Management, Deputy Program Director Nancy Kalinowski and six other department heads during their one-day trip. Capellini said aviation administration officials offered a number of suggestions. Ideas included sponsoring a noise study with some of the cities along the airport's arriving and departing flight paths, including Delray Beach, Highland Beach and Boca Raton. The decade-old act was intended to phase out the older, noisier aircraft heavier than 75,000 pounds, such as passenger planes used by airlines. The amendment, if approved, would also phase out some business and corporate jets and charter planes. Capellini noted noise levels have not been checked at the airport since a survey was done in 1990. Although arrivals do not fly over Deerfield Beach, departures go over the beachfront, according to Ken Day, airport manager for the Boca Raton Airport Authority. Also, plans to expand the airport an additional 15 acres prompted the commission to request the meeting with the aviation administration. "We're concerned that it's going to become progressively worse for the local communities," Capellini said Airport officials contend that the planes reach Deerfield Beach at an altitude where their noise is dampened. The only noise Deerfield Beach residents hear is from local air traffic, such as banner-flying planes, Day said. http://archive.sun-sentine~.c~m/~H5 5 5434432~8d34~f9e78b8~46336d8c9:b--w&tid=d4 7 ~ ~: 01/30/2001 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM C~. -~". - REGULAR MEETING OF FEBRUARY 6, 2001 POLICE OFFICER RECRUITMENT AND RETENTION FEBRUARY 2, 2001 This item has been placed on the agenda for discussion at the request of Commissioner Schwartz. The Police Department has just very recently completed a new Long-Range Strategic Plan. A copy of that portion of the plan dealing with recruiting and retenuon is attached. Chief Overman and Major Schroeder will be present at the Commission meeting to elaborate on these objectives and provide additional information on these issues and what we are doing to deal with this simatton. RefiAgmemol.Police Officer Recrmtment & Retention MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~-J' - REGULAR MEETING OF FEBRUARY 6, 2001 APPOINTMENTS TO THE TENNIS FACILITIES TASK TEAM FEBRUARY 2, 2001 At the January 162 regular meeting, the City Commission adopted Resolution No. 3-01 establishing the Tennis Facilities Task Team. The purpose of the task team is to admse and make recommendations on various matters associated wath the City's Tennis Center, the Tenms Stadium, and the Dekay Swim & Tennis Club. Per the resolution, the task team will consist of ten (10) members. The Mayor and City Commissioners will each have two appointments. Based on the rotation system, the appointments will begin with Commissioner Perlman (Seat #1) through Commissioner Archer (Seat #2), Commissioner Schwartz (Seat #3), Comrmssioner McCarthy (Seat #4) and Mayor Schmidt (Seat #5). The list of applicants is attached. Recommend appointment of ten (10) members to the Tennis Facilities Task Team. RefiAgmemol 1.Appts. to Tenms Facilines Task Team TENNIS FACILITIES TASK TEAM APPLICANTS FEBRUARY 2, 2001 1. JOHN BENNETT 2. KENNETH ELLINGSWORTH 3. ED FOSTER 4. JAY HASNER 5. JAY HERMAN 6. ROBERT HOWELL 7. FRANCIS KELLEY 8. JUDY KLOMAN 9. RICHARD LEEDS 10. JEAN MILLS 11. CHARLES OLIVER 12. WENDY OVERTON 13. JEANETTE RUBIN 14. KENNETH RUBIN 15. LAWRENCE SAGEL 16. JOSH SMITH, JR. 17. KATHI SUMRALL 18. JAMES TARLTON 19. SEYMOUR ZEPNICK DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last Name:: 2. Home Address: 3. Legal Residence Name City City State F- State Middle lmtial GeO. Zip Code Zip Code Business Phone: 4. Principal Business Address: City State Zip Code 5. Home Phone: 'Z~q- ~X g O 6. What Board(s) are you interested in serving? Tennis Facilities Task Team Fax: ~-4q - '"t--z. ~'x'- 7. List all Cit~ Boards on which you are currently serving or have previously served: (Please include dates) 8 Educational qualifications: 9. L~st an) related professional certifications and licenses which you hold' 10. Give your pres'em, or most recent employer, and position' 11 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 application may cause forfeiture upon my part eceiveI s 1~/~4'A'I:U RE RECEIVED JAN 1 9 2001 CITY CLERK DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 )'ears from the date it '.'as submitted. It will be the applicant's responsibility to ensure that a current application is on file. SxCITYCLERK BOARD .~PPLIC ~TlO\ JOHN C. W. BENNETT Specific attributes and abilities bearing on the work of the Tennis Facilities Task Team include: - Academic course work and practical work experience tn analysis of policies and procedures (including three years in the Pentagon as a Policy Planner and several other assignments with significant responsibilities in this area). - Familiarity with many of the Issues that the Team will face through several years involvement in monitoring developments at City Hall (including reading the Commission's back-up materials). - Acquaintances among tennis players and residents living near the Stadium (who would be affected by whatever events policy might be recommended). - Strong allegiance to the principles of fair hearings and processes and of inclusion of the viewpoints of all interested parties. EMPLOYMENT: 199S-present, retired naval officer 1974-1995, naval officer with a variety of assignments, including 6 years in the Pentagon (3 as a Policy Planner) and service on several higher level headquarters staffs. 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: L.L.M., Law & Marine Affairs: University of Washington, 1981 J.D.: Georgetown University Law Center (editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 COMMUNITY ACTIVITIES: Member, Delray Beach Visions 2010 Steering Committee Vice President~evc;-r,~c;,~ ?,cla~c,~ and Trustee, Beach Property Owners' Association ~ President and Director, Progressive Residents of Delray Member, School Advisory Committee, Atlantic Community H.S. Member, Atlantic H.S. Band Boosters Organization (Pit Crew) Member, School Advisory Committee, Roosevelt Community M.S. (1996-1999) Volunteer at Atlantic Community H.S. (mostly driving) PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law U.S. Naval Institute To any Board, I would bring my ingrained sense of fairness and respect for appropriate process. I have academic and practical experience in policy analysis, as well as extensive experience in applying rules and regulations to specific circumstances. I bring education in law and economics to the table, but have no clients, who could require me to recuse myself from a Board action. As I have no active practice or other business, I do not have to worry about the impacts that the time demands of Board service could have on my livelihood. With regard to the Planning and Zoning Board, I have attended quite a few meetings and have spoken both for and against projects. In the course of researching my stands, I have acquired some familiarity with many aspects of the City's Land Development Regulations (LDRs), which would enable me to hit the ground running should I be appointed. As for the Historic Preservation Board, I have attended a number of meetings and am somewhat familiar with the pertinent LDRs from researching projects and issues of interest. My interest in the history of Delray Beach was demonstrated by the original research (approximately 50 pages) I provided to the City's Historic Preservation Planner for use in the recent City-wide inventory of historic structures. BOARD MEMBER APPLICATION 1993 Please type or print the following information: I. Last Name:: Name MMdle Imual Ellingsworth Kenneth C. 2. Home Address: City State Zip Code 2460 S. W. 22nd Ave.fl811 Delray Beach FL 33445 3. Legal Residence City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: [ Fax: 278-1619 I 6. What Board(s) are you interested in serving? Tennis Facilities Task Team 7. List all Citx Boards on x~hich you are currentb ser¥ing or have previously served' (Please include dates) Delray Housing Authority, Atlantic Ave. Task Force, Charter Review City Commissioner - 6 1/2 years. 8. Educational qualifications: Graduate Florida State 9. List anx related professional certifications and licenses which you hold' 10. Give your present, or most recent employer, and position: Retired 11. Describe experiences, skills or knowledge ~hich qualif) you to serve on this board: (Please attach a brief resume) ! hereby certify that ali the above statements are true, and ! agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment ! may receive. SIGNATURE / J~N I ~ ~001 DATE Note: el 'i¥ C'.l I=RK This application will remain on file in t iy Cl~?l~'~;-Office for a period of 2 ),ears from the date it was submitted It will be the applicant's responsibility to ensure that a current application is on file. S CIT'~(LER~x BOARD &PPi il' ~,TIO\ DELRAY BEACH CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: Middle Initial 1. Last Name:: /L--D :S7"~'/~ Name ,~-'-,ff) 2. Home Address: ~..~'l Nt~,'q,'qtsd- ~t,,qcce- City Zip Code F 1 q -fi' ,D~ ~ ~.H- S~te 3. Legal Residence ~~ Ci~ Sute Zip Code 4. Principal Business Ad.ess: ~~ City State Zip Code 5. Home Phone: ~ ~ Y- ~ 70 ~ Business Phone: ~ F~: 6. What Board(s) are you interested in se~ing? Te~Ss FacSl~t~es Task Team 7. List all Ci~ Boards on which you are cu~ently se~ing or have previously se~ed: (Please include dates) 8. Educational qualifications: 9. List any related professional certifications and licenses which you hold: 10. Give your present, or most rec~m ~mploy~r, a~d position: 11. Describe experiences, s~lls or knowledge which quali~ you to se~e on this board: (Please a~ach a brief resume) I hereDy ce~i~ that all the aDove statements are true, and I agree and u,derstand that any misstatement of material facts co~~ ~ ~plication may cause ro~eiture upon mF of any~poin(ment I may receive~ ' ~ ~ ~'---- SIGNATURE DATE OITY OLERK 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\CJTYCL ERKkBOARD~d:~PLICATION 01,22:01 MON 09.¢4 FAX $61 243 3774 CITY CLERK 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Ptea~e 5'9e m prat the following i~ormation: Hasner 2. Home Adch'ess: 150 N. Swinton 3 Legal Red,dance Same As Above PrincIpal Business Address- 150 N. Swinton Ave. 5. Home Phone, 561-mm?.~.~Rm 6 What Board(s] ar~ you interested ~n serving7 Name Jay Chy Delray Beach Cily City Delray Beach Bus'ess 561- 272-1207 Facilities Task Team 33444 / Zip COck-- Slate F1 S tale Slate Z~pCodc F1 33444 561-272-0117 7 List all CiD Boards on wh,ch you are curremly serving or have previously serYed: (Please include g. Educst,onal quahfications. SEE ATTACHED SEE ATTACHFD SEE ATTACHED ] 0 Gwe y~mr present or most rcccnt employer, a,'~d position' SEE ATTACHED ~1 ..~Desc, ;be expe~iences, ~k~,,I.lp or knowledge whi¢]i qualify you tO serve afl this board' (Ple.asc anach a br~=~T~. S- SEE ATTACHED I hereby certify that afl the above staternen[s are true, and I agree and understend that misstatement of rn~tena/ facts containe(~ in this application may cause forfeiture upo~ ,~ of any appo~ntme~t.I rn~y receive. RECEIVED .... JAH 2 2 ZOO1 DATE . CITY CLERK Thl~ apphcauon will remain on file in the Ci~} Clerk's Oft'icc for a period ot'2 ycars from the dar, submitted. Ir will bc the applJcanCs rcsponsibilJt5 to ensure that a current applicauon ~s on file $C1T, k-kl2kk ~,~; ,kb x ',r ~' ~rl(, g/~ ~gVd :~Vk0:0~ ;0-~-NVF ~L~O ~£~ 1,95 :3qiSV3 .? ih- JAY HASNER 1~0 Norlh Swinton Avenue - Suite #200 Deh'ay Beach, Florida 33444 CASTLE FLORIDA BUILDING CORP. EXECUTIVE VICE PRESIDENT / SEC / TREAS Responsible for: · Resrdenl~al/Cammercial D~vis~on · Prolect Coordination · Managefnent responsibility fm overall operabon$ PROFESSIONAL QUALIFICATIONS · Acbvely involved m budding, development and real estate for 28 years I Engaged m pIodHC~lOll of single-family homes, mulh-famdy, office building, shopping centers, land deyelopment and general rani estate · Florida Certified Residential Contractor · Flonda Licensed Real Estate Broker · Graduate Realtors Inshtute · Mefnber, Insbtute of Res~denhal Marketing CIVIC / COMMUNITY INVOLVEMENT · Member, Delray Beach Code Enforcement Committee · Membel, C~ty o1' Delray Beach Board of Construchon Appeals · Member, Cibzen Task Force Palm Beach Counly · Member. Palm Beach County Impact Fee I~evmw Board, Pahn Beach County · Member, Deh'ay Beach Chamber of Commerce · Past Member, Palm Beach Gardens Comprehenswe Land Use Plan Committee · Past Member Palm Beach County Land Use Advisory Board · Past Member Palm Beach County Consumer Affairs Board · PB Land Development I~eguiabon Comrmtlee · MemDer, Palm Beach County Cable Televismn Task Force INDUSTRY INVOLVEMENT GOLD COAST BUILDERS ASSOCIATION · President-1985 · Palm Beach Counly Buildel of the Year-1986 · Chairman. Governmental Affairs Comrn¢luc' FLORIDA HOME BUILDERS AS$O¢ IATION · L~fe Director · Chairman, Local Presidents Cour~cll · Member, Legal Defense Fund · Area Vice President-1987 · Chairman, Membership Committee-lgae · Board of Directors-SEBC-lg82-Pres~m · Chairman, Walranty Advisory Committee · Presldenl. Florida Home Builders Wananty · Executive Committee-1983-1987 · Truslee, Chairman-1986-1987 · Commercial Self-Insurance Fund · Director Builders & Employees Mutual Insurance Company NATIONAL ASSOCIATION OF HOME BUILDERS · Board of Directors-1981-1995 RECEIVER · COUI1 appointed [or 4Sth St Shopping Center. West Palm Beach EDUCATION I Bachelor of Arts, Brooklyn College Brooklyn, New York · Graduate Study, R~chmond College Staten Island. New York JflN-19-Ol FRI 16:50 OflSINO O0~SULTflNTS INO Fh× NO, 15614966878 O1/lg/Ol FRI 16:27 FaX 561 ~43 3??4 P. 02 - BOARD MEIVIB Please type or print the following informetion: 1. Last "4ame::, 2. Home Acl.~rc$$; ' Business Address: you interested in scrvi,~ LRAY BEACH ER APPLICATION ,fy - ty u~ine~s Phone: Middle Zip ('ode Zip Code v L;st hll CiD Bom'ds on whi';fi you am ¢urrcntly ~rving ~} ~v¢ pr~io~ly ~: ~ include 8. Educational qualifications: ' '~ --~t a ~) r,clalcd professional ce~ification, and lic~se,'& h you hold: ~~; ~o~r present, m mo rcc~ employer, an~ positi~r / r& ' , 9 u d that any misstatement of material fac~ ~ntai~d in this a ~p//c~on may ~use ~eR~re upton my p~ This applicaq$'n Mil remain'bh-file in the City-~le submitted. It will be the applicant's m$1:nar~>ibiliry RECE JAN 'CITY CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 5 Home Phone: 6. What Bua/d(s~ Are you hltm-~tcaJ m s~rvi~g° Zip Code lusiness Phone _ ~ Fay related professmnal ~.at, o~ m~d~ ~i~h you hold' ycu~ p-es~nt, &~ost ~t employ, anJ' position: I heret>~, certify char alt the above statements are true, and I o~ree and under[tancl bfa~ any m~s3t~tem~[ o~ ~ateHal fac~s contained i~ ~h15 ~pDllcatlon ~ey cause [o~etrure upon my ~a~ of ~ny o;~pointment I ~8y receive hl~J ~Yl ~R F DA~ RECEIVED JAN 1 9 2001 CITY CLERK DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 2. Home Address: City /O70,~ ..~E~S)~--~ ~/?~ ',~--/'q~/ff ~~ S~ Zip Code 3. Legal Residence City State Zip Code 4. Principal Business Address: City S~te Zip Code 5. Home Phone(sg/)m43_Og~ Business Phone: [F~: 6. W~at Board(s) are you interesJed ~ se~ing? 7. List all Ciw Boards on which you are cu~ently seining or have previously se~ed: (Please include dates) 8. Educational qua~cation~: 9. List any related professional ce~ifications and licenses which you hold: 10. Give your present, or most recent employer, and position: 11. Describe experiences, skills or knowledge which quali~ you to se~e on this bo~d: (Please a~ach a brief resume) I ~erebv ce~i~ t~at all t~e above statemeats are tree, aad I agree misstatemeat of material facts coataiaed ia t~i5 applicatioa may c~u5e fo~eiture o~ ~ appoiotmeat I ma~ receive. JAN 2001 DAVE GITY GLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCLERK~BOARDL&PPLIC ATION · Francis Kelley 1202 Seaspray Avenue Delray Beach, FL. 33483 01/21/01 City of Delray Beach 100 N,N. 1st Ave. Delray Beach, FL. 33444 Att: Pat Warren, Executive Assistant Dear Patricia: It has been brought to my attention that the City of Delray is forming a taskforce to examine ways of better operating the tennis facilities. I would be interested in serving on this taskforce. I have been a member of the Delray Tennis club for sixteen years, nine years as a snowbird and seven years as a full time res,}dent, i am the Captain of three men's teams competing for DelYay in various leagues in Palm Beach County year round. Am a Director of tine Grand Slam Tennis League, am responsible for operation of the French Open Division which is a I0 team group representing both public and private clubs in Sodthern Palm Beach Counties. Have also been ~nstrumenta] in the formatiol~ of five other teams from Del~ay in this league. This represents over 90 Tet~nis playe~-s from Deltas. As the Captain of a Team in the Palm Beach County Senior Mens Tenni~s for many years I have visited ,?lube both private ~..~',,:{ public and Inave met many managers and directors of tennis. I have learned about their operations, Have met m~r~ outstanding professionals. During my years at Delray Tennis I have served on an Ad Hoc Tennis Committee which made several positive recommendations to the current adn~inistrator which }nave beer, adopted. (Eliminate the Lottery, improve court conditions, and others) I have organized and supervise a 14 man volunteer group which works in setting up special events at the Tennis Club. (£itvix, Chris EveYt) I am a retiree who has been an ardent tennis player for 27 years. I play at the Tennis Center six days per ~eek, and am known to hundreds of men and women tennis players at the club. I am constantly being asked about what is happening at the club and what will happen next~ I believe I have a fee] for what people like and dislike. As a member of the Delraw Tennis Center I have seen it grow from practically nothing to what it is today. Their are many more things tlnat have to be done to continue the growth'and excellence of the club. I believe that the taskforce should be made up of positive thinking people who will advance new and creative ideas which will lead to the continued growth and improvement. I know that I am this type of person, and further do not have any personal agenda to advance for this project. I believe that the most important decision that this taskforce faces is the hiring of a tennis director. Through the years of visiting tennis facilitis in the State of Florida and in other states I have come to know many professionals who are friends of mine who would help attract qualified candidates. Am a graduate of Bridgeport [Jr, iversity, BS Degree. Columbia tlniversit¥ Masters Degree in Adrnini'..stration-Special Education _reef.urn-~ ~etlrin9 I spent 42 years in a career working in State Human Services for the Mentally Retarded. I served in CT. ~FL, . ~I . , ar, c! MASS. Highlights of my career: Dire,rto~,- of Recreation, Director c>f Educ'atior Training, Department of Mental Rehabilitation at Southbdry Training School~ Connecticut. Assistant Superintendent Dr. ~oseph Ladd School~ Rhode Island. %upe¥inten,fe]~t of Mansf[- ~ = ~,, T]'aiF, i~,9 School , Connecticut, Division Director, Me~-~tal Retardatior~ MRS, State of Florida. Superintendent Nrenthgm State Developments] terrier, M~,ssachusetts. Worked as Consultant to the 3oseph P Kennedy Fo~.~ndation and a.~sisted in founding9 and developing the Special Olympics in 1968. Am still active in this p¥ogram. IE there ave any further questions please do not hesitate to call me. Thank you for your c:onsideration. Very truly yours, Francis K~ CITY OF DELRAY BEACH II1' BOARD MEMBER APPLICATION 1993 Please type or print the following information: I. Last Name:: 2. Home Address: 3. Legal Residence 4. Principal Business Address: 5. Home Phone: S~.x- '}..'lq - 6. What Board(s) are you interested in serving? NalTie City City · State State State Middle Inmal City Business Phone: I Fax: Tennis Facilities Task Team Zip Code iZip Code Zip Code 7. List all City Boards on which you are currentl3 serving or have previously served' (Please include dates) '8. Educational qualifications: List an> related professional certifications and licenses which you hold. 10. Give your present, or most recent employer, and position: 11. 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 a.ny rni$$taternent of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. RECEIVED SIGN~J"ORE~, .... FEB 0 1 2001 DATE CITY ~1 FRK Note: This application will remain on file in the City-CTer-k"~'Office for a period of 2 ),'ears from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file ~, ( IT5 ( I IRK BI ~ \RD \PPI l( -\110% January 30, 2001 I started playing competitive tennis in 1980. I played USTA tournaments throughout Florida for about 15 years. During that time I was ranked as high as number 1 in Florida. I was a USTA umpire for about 5 years and worked most of the major tournaments in South Florida including the Lipton, the Orange Bowl and the Virginia Slims. I have lived at the Lauderdale Tennis Club for the last 14 years and was a member there for 6 years prior to living there. Over the years I assisted in running many USTA tournaments at the club. I am intimately familiar with tennis, tournaments and the management of a tennis facility. Over the past few years I became heavily involved with the management of the Lauderdale Tennis Club. The board of directors elected me to the position of Chief Financial Officer. During this time I set up the office on Quicken to improve their financial reporting. I set up the annual budget and put processes in place to track actual to budget. The biggest accomplishment I had was in successfully separating the financial from operations. This step was critical to controlling spending at the club and was met with quite a bit of resistance. By separating the two it forced the operations people to work within the approved budget. As with any tennis facility or any job for that matter there are always difficult people to deal with and the Tennis Club was no exception. Tennis players as a group are very demanding and it takes a certain skill that I feel I possess to handle them in a professional and positive manner. I recently moved to Delray from the Tennis Club. This was a huge move for me but the decision was based solely on the daily drive (on 1-95) from Fort Lauderdale to Boca. I feel that my extensive background in tennis and tennis operations would be an asset to the task force you are putting in place. I would like to be a pan ofthat team and hope that I would be a positive influence. Thank you, Judy Kloman Please type or print the following information: r I Last Name': Home Address , Lcg,d Residence 4 Principal Business Address: 5. Home Phone' t, ~'ha~ B,.,ard(q) are you interested m se~ing? ~ .... ~: ~_,, N ItlTI e. City City Business Phone. State Stifle State Middle ~L Zip Code Zip (:'ode ZIp ('ode tFax: L,st all CiD Boards on which you are currently serving or have previously served: (Please include d~tes) List an) ~elated p~ofeqsional ce~ificafions anti licenses which you hold' . 1 o -} ,r.t. ~,~ur presenL or mos! recent employer, alld posiuon' ' 1 1. Deqcrihe ex-periences, xkills c~r knov. ledge which quahfy you to serve on this board: (Please attach a briefresmne} [ 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 receivel~l~,t~. :.:',c~.,-.~- -~~ JAN 2 9 2001 m~Tv ~ ~c,te Thi< application will remain on fi~In the ~ffY Clerk's Offi~ for a penod of 2 years ~om the date it w~ s~bm~ncd. I1 will be the applicant's reqponsibility to ensure that a c~ent apphcation ~s on file S~ I r~ CL ~ ~C,~,~PLIF ~TfON U,',/ r,t,:,~ B~a¢t,, F ~ . 334:47 3anuarx 26, ;?001 I t,a,,e j,J~t .-,',rnmlete,d ~e~,Jim,9 a Fe,:~nt a,ti~l~ ir, the ne~s~a:~, ~>e,-la~ ~[i~%~ ~ ~ th~ formation of a tas[ I ~OCtl,~ ~,e 1,ntelesi:e~J i~ Se~v[1~9 c,~, t_h[s ta~k forc..e. In d'J'~ I T',l, t 5, +JJi~]mg ,>~,t .our appli(.~tJc, rl I ~1 ir, cludi~g ~ esu,n~ ~1, ~r ~, give~ a~Jdit [onal information about mw e.perien,:e -- ', .... ~,~, ~ T,~,lcJ~.r,t c,f BL~yTit.(..~?i 8eart~ for ftk.'e ','ears t ,,~ ,~,~ ['_ y ,,F I ~n~s ~'~ bette~ than at ..... ~'.:.'3,~- . ~, I ~,~- f~q] L , n~nteF and ~pr~ng, ~"-3' ':' ~ f ~,* ~-,,,,~,,~,, TL t'=, ~ he ~,nlz z,-~ f:l',ri,J3 ?~,~' ]u.:~gt~ ,,r [9[r,~tlx ha,d three t ~drn:, -] ~,i -~ppr,:,. iq,ate] , .t%,) teT,~,L~ 1,1 ~'/er ~.. T,:,,:la~ i~, 1-~',~ l.l,~ ]~a~jL,~ . ,~E. the HaaaO~Dg I,[~ ~ t L,~ T .~,t -,:,(.~,:~l'h. TxPe ,:,f prc, gTsms, fac ilJtw operation, type ;.~- =,,',,',~,~: r'~qui~ ed, ;.t,, e~tL,,e packages, ,'eqt,~"emolJL%, u,~e ,.f iarJlit~es, ~d t. he people theYe I,],~l,~ ~n,fl ma~e them ~c, rk ) Thi~ kll,)wJe{Jg~ w,:,uld I_,e io~al basis. I arrl the rFC, and ,:,Nr,e~ F,f tl-,i~ k,, tl,~ %ask fo~ r_e, and ti,is acti~,n ¢Jll one t,,, be taken b', the task f,:,~ ¢ o~,r~stJ]tant to At',~rdeen Golf and for a Dire(tot of Tennis. io3. l al, e5 .,, Lh~-, ,.'r,t_zrc~ I ir, e that I h.ave lived {n Florida '[ have G,)ve~' nor s year ,:,id T~,~rlllis ~ ¢,t"/ I__,-.[~ 'l,Jl:l'5 t~ ~l;e~' the I.~li.l:.¢cJ Stales Coast ', ~'~',d ~vt~ ,-~ecl lc, 'l,~l-(s ar, d 9radl~ated [u 195e, ~itcl~ a ~r~ .I '~.~ .,' ~,¢.:,,' ~'.¢.= v,-,te,.:l I~-/ the nati,~r',al char-,e,'~ ,:,f r'h¢ Fpsil,:,n i , I .,I,-,'~)t_~ ,~':~ Lhe o~ltsl_ai,:l~n9 mtaml,er c,f the f~'ate[]~(Ly 11, - -.qq ..... THE POLO ,qLI IB-TEIIIlI$ 01..'07/1'3S-t4 13:41 4Ot-'_~_ .-~--:, - - ,,~ ~ ~1 rilL: o9.1~ FA~ $0~ g4~ 3774 (I1~' CLIgP. I( CITY OF DELRAY BEACH BOARD MEMBER APPLICATION P~GE Z~p Cotlc zip ¢od~- ? I ,s, ~ll Ciw Boards on wh,ch you are curro'ztly s~rVing or have previoudy served' (Please ~cYad~ dates) 3 110 I1 '"E~tt,cafio~al qualifications: k is, an-, :'da:ed professional ¢~rtif~:'ations ~nd licenses which you hold. our present, or ~ost r~.cn! ¢.mpIo~¢r, and position. I hereby certify that all the above $taterr~nt~ are true, and I agree 8nd unde~tand that ~sst~te~ent of ~at~da[ fac~ containe~ ~n this appffcation ~ay cau~ [o~eitu~e upon my of any appointment ~ ~y receive, DAT~ ' S~GNA~ Note ~,L a~plication will rem~n on file m ~e Ciw Clerk's Office for a ~i°d °ffye~s from ~ate ,u~mmed It ~ll ~ t~ applic~t'a r~ponsibd~ to ensure ~t a current a~li~non is on file RECEIVED JAN 1 9 2001 CITY CLERK ¢~-'~..%k4 I i:: 41 407-995-12'-'~: THE POLO CLLIB-TEI II II$ F'/4,SE 02 JEAN HUGHES MILLS 3555 LAKEVIEW BOULEVARD DELRAY BEACH, FLORIDA 334,45 (H) 561-499-3881 (W) 561-995-1270 EMPLOYMENT Decern~r 1985 to Present THE PQJ~O CLUB BO~A RATON, Boca Ratort, Florida. A first class equity propetny consisting of 3,$00 members. 1500 homes, a 90.000 square foot iuxurioas clubhouse. ~wo 18 hole golf courts, and a 30 court tennis complex. DII~C~QR OF RACOUE~ SPORTS AN]0 FFYNF~$ .(May 2000) Respons~'ble for total operations of Fitness, the Salon, the Spa, Aquatics, the Children's Activity Center, and all Racquet Sports (Tennis, Squash, Racquetball) Develop a 30,000 square foot world class Spa/Fitness Cemer with 140 employees I)IRE_ CTOR OF TENNIS Responsible for total operation of first class Tennis Pro Shop, staff, maintenance, instructiov, al program, and s~rvice to gOO memlx-rships (1400 members) Day to day operation of all activities and programs for a 30 court facilit~ Organize and implement all special events, including The USTA Girls' National i 2 Championships, The USTA National 12 Challenge Cup; the prestigious ITF Cups. - l.iaison with Virginia Slims of Florida Tennis Championships. Worked closely with Chris Evert, Steffi Graf, Ham Mandlikova, and Jana Novotna Novembe-r 1980 - Novemher 1985 LAVER'S INTERNATIONAL TENINIS RESORT, Delray Beach, Florida. A world- class tennis re~rt including 44 termis courts, a complete pro shop, conference center facilRies, a spacious clubhouse, and condominium accommodations. Handled all daily operations. DIRECTOR ~F TENNLg ADMINISTRATION Director of Operations and liaison for first Lipton International Tennis Championships. Responm'ble for overseeing total operation of temporary ! 0.000 seat stadium and tournamem tenting, plus all asp~ts of tournament with the site Coordinator for all tournament operations for the WCT of Florida, a profes.sioral men's tennis evem. Worked closely with WCT staff regarding stadium erection 01/OT./.I.'.:t'3q .1. :_',: 41 4r_17-'3S5-].223 THE POLO ,3LI_I~-ILIIII.I.':, I-'~,~P__ U:~ and all vendor operations. Manager of the Sunshine Cup International Ye. am Championships Created and directed all major airline tournaments for 600 participants, including Delta, Eastern and Pan Angrkan. Respor~sSble for all promotional events with Rod Laver and Betty Stove, including exhibitions, press conferences, and corporate clinics. July 1979 -October 1980 PROFESSIONAL TENNIS REGISTRY, Hilton Head Island, South Carolh~a. A non- profit tennis organiz~ion dedicated to train/ng, educating, and serving 2500 ceniiied teaching prot~ssionals in the Urged States and 45 foreign countries. EXECUTIIE DIRECTOR O.~ Ti~E PROFESSIQ. NAL TEN~., S ,REGISTRY pTR) Directed construction of the Van der Meet Tennis Center. a 14 court complex with clubhouse ami health spa. Responsible for organizing the Professional Tennis Registry annual tournament and symposium. June 1979 - July 1979 JARRELL INg.rJORPQRATED, Sarasota, Florida. A family business organized for the coaching and training of a promising 14 year old girl tennis player. PRIVATE TENNIS COACH Traveled extensively on the circuit while implementing a comprehensive training program. August 1974 -June 1978 UN[YERSIT~ OF A~/~AMA WOM]~I~.'S ATRLETIC I)E~A.RTMENT, Tuscaloos& Alabama. A top college athletic program under the leadership of Coach Paul "Bear" Bryant. Title IX had funded development for a Women's Athletic Department. ^ TI LET C C0trNSELOR V I'Y TENNm Coordinated total operation/admJnistration/coach/ng for the Women's Tennis Program including recruiting, fimdraLsing, budgeting, scheduling, and all aspects of a collegiate program Respons~le for the academic curriculum for 200 female athletes Worked closely with the Director in all are, as of the Women's Athletic Department Developed a tutoring program in conjunc6on with Men's Athletics ,,_ ~-~7 '~ _~'_~4 I ~:: 41 407-99S-122~ THE POLO ,]LLIB-TEIIIIIS PA,_;E 04 EDUCATION 1974-1970 UNIVERSITY OF ALABAMA, Tuscaloosa. Alabama. Master of Arts In Guidance and Counseling (Student Personnel in lligher Education). graduated top 1% of the graduating glass. 1970-1974 UNIVERSITY OF ALABAMA, Tuscaioosa, ~ B.S. in Education. Heahh. Physical Education and Recreation, with a double minor in Psychology and Biology. Graduated The Outstanding Student in Education. PRQFE$$1ON ..A~ ORGAiNIT~TION? UNITED STATES PROFESSIONAL TENNIS ASSOCIATION District 6 Representative for the Florida Division; speaker for State conventions. PROFESSIONAL TENNIS REGISTRY USPTR Board of Directors, first woman in the history of the association Maxter Professional .... 1997 (first woman in the world and 1 of 10) National Tester for the PTR since 1985 UNITED STATES TENNIS ASSOCIATION Currently a lifetime member. Speaker for the USTA local/national conventions. Chairman. Sul>Committe~ Junior Comlx'titiork 12/14 Implementation Committee. Member Professional Circuits Committee/Strategic Planning/Player Development USTA FLORIDA SECTION 2000-2002 Sectional Delegate, USTA Florida Section 1997-2000 - Presi~nt. [LqTA Florida Section 1991 - 1997 - Vice-President, Executive Committee 1995-1997 - Chair, District Directors 1993-1995 - Chair, Long Range Planning and Awards Committee 1990-1992 - Received the Horida Tennis Association Merit Award female contn'buting the most to amateur tennis for the year 1990-1994 - Chair, Jllnior Competitive Council Tournan~nt Director for major state and national events since 1980 Founder Delray Beach Tennis Patrons Ranked top 3 in the United States in 14 Singles in 1963 - Ranked #1 inthe South for 2 years in 12-14 Singles Ranked #1 in Alabama for i 2 years in Girl's Singles/Doubles/Mixed Ranked #1 in Alabama in Coll, giate Tennis 1972-1976 DELRAY BEACH CITY OF BOARD MEMBER APPLICATION lg~J Plcase type or print the following inform~ion. ' ~te Z~p C~c. · Ci~ Slate Z~ Code ess A~ss: Ci~ S~e Z~p Cod~ 1 Last Name I 2 Ilorn,: 3 Legal Residence 4. Pnnmpal Business i 5 H'omc Phone 6 9.'.h.~ Boa,al(si arc Facilities Task Team 7. L,st all C,I~' Boazds on which you are cu.ct~dy ser~i,,g or have previously served. (Please inchxlc- dates) L,s~ a,,y r-~,Kcd p[oi'¢s~,onll ¢crfi/~ciimns ~ licenses ~hich ~ou ho[d' ' 16 ~ c ', o,r pre$cnl, or mom rccenl employer, a~d position r-~ '1'~,., ibc ¢,~per,encc;. skills or knowledge wh,ch qualify you I'o serve on ~ board' (Plgase ar,.ach a brief L I hereby cerri~ that all the above statements are true, and I agree and unclerstand that any rn/s$ta:erne~t of mai'erie/facts contained in this application may cause forfeiture upon my parr of any ~ppointrnent .r m_ay receive. Nol~ Th,s apphcation will ~emain on tile m ihe City Clerk's Office for a pe~od of 2 years ~om the date ~t was submnted h will be ~e applicam's ~¢sponsibility to ea~uxt that · cGtreal a~pbcaUon is on file ~ECEIVED JAN il ~2001 CITY CLERK ,%:t,'Z E/~ BOARD MEMBER APPLICATION Please ~pe or print the following imform~ion: ~ Home Address: 3 Legal Residence 4. Principal Business Address: A-tt 5 ~o~xc Phone' 6. Wha: Board(s) ~e you interested in Business Phone: Middle lnllial- State [ Zip COde "s~, t ~ CiD Boards on ,~hich you are curt,rely ~,rving or have pr~-,,ioufly served: (P'leas* i$clude d~tes) 8 Educ:,tional qualific~trj~'ns: ¢ Li~'"""--~r--~',~ i'elated pro~essional cer~iT~i{ioas and l,eens~s which ~;ou h01d: Ii 0. O;~e )'our present, or mos~ recent cmp}oyer, and position: ' I h~reby certify that afl the ~bove $~rnents ate true, ~nd I agree'and under~tand rhat any ,m~sra tement of m~teri~l fa~ contained in this ~ppfi~tion may cause fo~lture uoon my of any appointment I may receive, SIdN~TUKt ~ -- JAN 1. 9 2001 ...... skills or kn_ow]¢dg~ ..... '" - ' ~h~ch quahfy you m s~e on ~i~ board: ~l~sc gm~h a ;,~ F Th ~ ~ ~~,~ ~ ~ - ~ ~,~ No~e' submiued. It will be DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last Name:. '~ Home Address: i-' 3. Legal Residence ~' 4. Principal Business Address: , 5. Home Phone. ~ hat Board(s)are ?ou mleresled in serx mg° Name CitI. - !City Busines~ Phone: ', M~ddle lint,al State Zip Code YL '~-sqqq State ' Zip Code State ' Zip Code ' Fa,.. Tennis Facilities Task Team ~ L~s! all Citx Boards on x~h~ch >ou are currentlx serx mg or ha~e prexiouslx served (Please include dates) 8. £duca~onal quali~cations 9 L~st anx ~elate'd professional certificauons and licenses ;~h~ch xou hold t0. Gixe 3our present, or mosl recent emplo>er, and position 1 I Describe experiences, skills or knox~ ledge ~h~ch quails .x ou to serx e on tvs board' tPlease auach a brief resume} I hereby'ce~/fy that all the above statements are t~ue, and I agree and understand that any misstatement of material facts contained ~n this application may cause fo~eiture upon my part of any appointment I may receive. RECEIVED ~ATL:RE DATE JAN 2 3 2001 C;ITY CLERK Nole: Th~s application x~ ill remain on file in the Citx Clerk's Office for a period of 2 y ears from the date i~ x~as submmed, h x~ ill be the apphcant's respons~Nhty to ensure that a current apphcation ~s on file JEANETTE F RUBIN 695 ENFIELD CT DELRAY BEACH, FL 561-265-2988 E-Mail: WPJeanette~aoLcom I~6~URRENT 1982-1994 1979-1982 D~ffIIRE COUNTRY CLUB-TENNIS PRO SHOP Tennis Pro Shop Clerk, Soft Court Maintenance, Pro Shop Supervtston, Court Schedulmg, Coordinate Member Play/Round Robins, Instruction of Juniors. DELRA Y BEACH TENNIS CENTER Full Time and Part Time Tennis Clerk, Teaching Lessons, Court Maintenance Court Scheduling, Coordinate Member Play/Tournaments, Day and Ntgbt Leagues, Intra and lnterclub Team Matches, Junior Programs, Pro Shop Sales and Cashtermg. PL UMOSA ELEMENTARY SCHOOL, DELRAY BEACH, FL Instructional Atde, Supervised Physical Education Program. 1993-1999 Board of Directors, National Jumor Tennis League, De/ray Beach Tenms Center NJTL Team Coach and Instructor. 1995-1999 1990-1995 Board of Dtrectors, Delray Beach Tennts Patrons Developed caul Implemented a Jumor Tenms Program For Local Low Income Underprivdeged Chtldren Unable To Afford Lessons and Equtpment Banyan Creek Elementary School Volunteer Coordinator Placed and Supervised All School Volunteers. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 2. Home.Adclj'. ess: . ' State ZipCode 3. Leg~ Residence Ci~ State Zip Code 4. Pfincip~ Business Address:~~~~~ S~te Zip ~ode 5. HomePhone: ~~ ~[~ BminessPhone:~Dq. 9O~b 6. Whal Board(s) are you interested in seining? _ ~g~ ~0~~ ~ ~/~ / ~ennts FacilXttes task ~ea~ 7. List all Ci~ Boards on which you are cu~ently seining or have previously se~ed: (Pie~e include dates) 8. ~u~ti~nal qual ~ cations: 9. List any related professional ceaifications and licenses which you hold: 10. G~ur p[esent, or most ~cent employer,~nd position: 11. Describe experiences, skills or knowledge which quali~ you to se~e on this bo~d: (Ple~e a~ch a brief resume) I hereby ce~i~ that all the above statements ~re true, end I agr~ and unde~t~nd that any misst~~t of material ~acts co~~ ~ ~~li~tion may ~use ~o~eiture upon my of~y~oint~ent I ~g receive. ~~ V ~ / -- 2 7 2000 OlTY CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~'~'TI~ CLF. IMC'~OAILD dd~PLI C A TION 1989-CURRENT 1985.1989 197&.1985 KENNETH S RUBIN 695 ENFIELD CT DELRAY BE. ACH, FL 33444 tlllErrllll mi1 LEIIEIIIIII/IEIIEIIIIF BPEIlfll~! LEADERSHIP PALM BEACH COUNTY, GRADUATE 1985 ORGANIZING COMMITT~: LEADERSHIP DELRAY BEACH BOARD OF D~ AND EXF. OJIlVE COMMITII~, ,~SU'I~ CXXIN'rY MENTAL HEALTH ~ 1982-PRESENT TRUSTI~, PENSION PLAN, scKrIIq COUNTY bI~AL HF, ALTH CENTER, BOARD OF D~, DEI.RAY BEACH ~ CENTER 1982-1993 MANAGER/COACH DELItAY BEACH NATIONAL ~ LEAGUE 1993.PRESENT VC)L~ B~EBALL COACH, CA.RV~t IVI]DDLE SCHOOL, 1996-1998 VC)L~ VARSITY TENNIS COACH, ATLANTIC HIGH SCHOOL, 1999-PRESENT CHAIRMAN, UNIVERSITY OF MASSACHUSETTS VARS~ TENNIS TEAMS SPRING TRA~IING AND B~ TOURNAMENT TRIP TO DELRAY BEACH, 1999-PRESENT PAST PRESIDENT, DELRAY BEACH TENNIS CENTER, 1988-1993 DIRECTOR, KINGSLAND HOMEOWNERS ASSOCIATION, 1991-1993 PRESIDENT & CFO, DELRAY GOLFVIEW CO~ ASSOC., 1982-PRESENT ORGANIZING COMMITTE:DELRAY LAKES HOMEOWNERS ASSOCIATION(NEWLY FORMED) NEW ATLANTIC H~GH SCHOOL BOOSTERS CLUB CO~WLY FORMED) VARSITY TENNIS COACH~ UNIVERSITY OF MASSACHUSETI'S, 1976-1977 SPONSOR, D~I.RAY BEACH YOUTH COUNCIL Will II;'rHY FIN.~NCIAI. CONSULT~z~T/INVE,gI'MENT ADVISOR PMK SECURITIES AND RESFARCH $10 E ATIMNTIC AVE DELRAY BEACH FL 33483 FINANCIAL CONSULTANT~NT ADVISOR JW GENESIS SECURITIES 400 E LINTON BLF'D DF. LR,4Y BEACH FL $3483 VICE PRES1DENT AND REGIONAL MANAGER SUNTR UST BANK 1800 S FEDERAL HffT DF_Z.RAY BE. ACH FL 33444 1976-1978 1~72-1976 MBA, UNIVERSITY OF MASSACHUSETTS, AMHERST, MA 01003 BS, UNIVERSITY OF MASSACHUSETTS, AMI~'RST, MA 01003 C_~l/l'_q/2001 F.18:5-~, 49.qSE, 25 I,ELAIRE CC O1 '15 01 TIlI' 14.15 FA.~ $$L ~4:~ ]?T4 ClT'~* CLERK 'q~P® BOARD MEMBER APPUCATION PAGE Ple.~.~ type o~ print thc ibllowin8 mf'onnatio~. Cily' State Zip Code- Zip Code What Boardls) are you mterosled m S,rvmg? Business Tenni~ Facil{eles Task Ieam Zip Code · - l.,st ~'1 C,% -~'-o~-d¥~n which you axe currently ~:vT**g or have previously ,er~. ~k~~ ,nduck clams) '~, Li::: ~y t~latcd profess:orsal e~tifieat,ons ~1 l~i w'~h you hold' I O. Oi~¢ Your prc~t or most r~..emt emplo.~t', ~'d position: 4 Describe expcrl noes. skills or knmvlettge which q~-li-f-y-~,ou to steve on this board: (Please m-t~ch a hereby certify that all the above statements are rtue, and I agr~ and understand that any /m~$tarornent o~' mater/a/f~c~ contained in rhfs applicati~ may ~uge ~ffeitu~ upon my pa~ 1- l q- O l ~ ~s ~p~i~'~on ~'.1 re~n o~ file in ~e 01~ Clerk's ~ce {~ a period ef 2 years ~e d~e i~ ~ s~tb~d It ~51~ ~ ~e applic~t's re~l~ibili~ m ensue ~t ~ current applimuon ~s on file. RECEIVED CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the follox~ing information: I. Last Name: ; Name 2. Home Address: City 3. Legal Residence '. City Cit3 ~E~¢~ State ,cZ State : M~ddle lnmal Zip Code Zip Code 4. Principal Business Address , State ~ Zip (_'ode :,V/,q t ~ 5. Home Phone. (5'/~/) q-ge- ?2.~z> i Business Phone: ,q/z/ ' Fax. ;6. \~, hat Board(s) are xou interested m serx lllgq Tennis Facilities Task Team 7. L~st all Cilx Boards on xxh~ch xou are currentlx serxing or haxe prexiousl.x serxed (Please include dates) - 8. Educatmnal qual~ficauons 9. L~st max related professional certifications and Iscenses which xou hold. ~ 10 Gixe xour present, or mos~ recent emplo)er, and position Describe experiences, sk~lls or know ledge v, Mch qualify you to serx e on tMs board' (Please anach 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 application may cause forfeiture upon my part of any appointment I may receive. 0,~X~:'~, 9 RECEIVED //za/~/ SIGN~TL'RE JAN 3 0 2001 DATE No~e. This apphcation will remain on file i34h8 ~'n.k~'13['~Office for a period of 2 xears from the date it was submmed 1l x~ fll be the applicant's responsibilit) to ensure that a current application ~s on file FPOH : F'0BEF'T iS. CUE'F'IE PtqP. TIIEP.~,HIP PHOIIE I10. : 561 2.43 8184 Iai-,. 17 .2001 06:.42F'H P1 CITY OF DELI:lAY BEACH BOARD MEMBER'APPLICATION Middle Initial Zip Code St. axe City $ t.,~e Zip Code- Facilitf~s Ta~k Team 6 ~Arhat Board(s) are you inter, reel ,. serv;ng? Li.~ ail CiW Bo~rc[; on which 5ou &re v. uFtrefitly ser.,iag or have previously s~r~-'~'~ (Pirate Lucl.de datesl 8. Educat;onal quzl/fieafions 0 L~.~t ~u ~laled pr~fgssioa&! cert,fi~fioas ~md L~z~es wHch you hold 1' ~be exp~en~es, s~lls er ~owledg~ which quali~ leu to ~e on this ~M: ~]~"[~ch = blief r~umel m/_¢~acem~ of mater/a/facts contained In this app//catlon may ~use fo~etture upon my o a ~ ointment I may ~C~/V~. 'rials a~plication xuill remain on file ia ',he City Cl~k's Of[tee teo~ a period of 2 years from ~e da~e it ~va.~ ~ut.,mlrted It will be the applieam's respo~sibilig' to erisu~e tha~, current ~llca~iorl is on lile. RECEIVED JAN I 8 2001 CITY CLERK F,'OP, EF- T G. C LtF'R ] E PARTI IERSH ! P KATHI SUMRAZL PHOt~E I10. : ~61 243 8184 Yah. 17 2001 06:42F'1'1 F'2 ¢t~- ,'~' E I" .~t~,et. # I V-,5 ' Dt hay Bezwh, Florida 33483 ' 561-26 ;-3492 PERSONAL BORN .xND P, vklSED IN DEL1L~¥ B£ACI-t A 1 I E,%I'T[., ALI ]:)FLR.4~t 81.4CII SCHOOl c, l ~50-1 q62 YVOKI4 EXPERIENCE CR~IGE FLq~NITUP,.E C~MP,,XNY ~ £C ~£T.~R '~;/BooKK£ £P£R, 196~. 1972 E,',:,~ G MCFEE. REALTOR R£.4Z TOR-A S SOC./A T£, .1972. 198,5 Ik. XTHI SUMILq, LL RI~AI. TY, INC. 0 t v ~'ER/RF_..g ~ OR. 1988-1991 /~ICFFF, LEDBETTER & SUMRAI. L RfaI. TOR 1991-1995 PR UD£NTL~L FLOR Jr).\ RKad. TY A g~I'~Z4aVT.A I. ANAC, ER/,%4LE.$' [)IKF~C TOR, 1995-1997 R, }~ERT G CUILRIE PA~TNEPSHII' ()FF)C£ ~\IA,',/At.dzR, 19VT-PRESEN'I C:kle,,EER RELATED EDUCAflON ~.~ COURSES FLORIDA A]'L~ 1 lC ~ I)',)I'~T-RSITY I:"LORII)A R£'tL IkSI,.,,TE (.'OWJvlIS.ClON (.'OL,~$~ h 1972-('OUl',Sk 11. J 975 VARIOU_N I:DUCATIONAI COURSES AND SI:MIN,XRS TOO NUN1EI~&)L,b roi IST 19 ?2-PRESENT C1v1c VARIOLI5 COMMI'I-FEEg OF TI-IL DI~LR^Y BE~CH CbIAMgER ~'IF COMMERCE .~, 1(,~ 5 ! ,'vOT ,4 Bt. }. TI,lC DEL&'41 'AFbAII( l 973- 1 q 99 Cii Y O1: D£LRAY BEACH PLANNING & ZONING BOARD ,~i£.wB£R, 1952-19,5'8 CH WRMq,W. 1955-1987 OLD bCHLIOL .SQU,~RE FOI. IND'kTION A IE,~I::~:I~. BO.,~L ~ or- D~,gEC rC)R?,. 19S7-I 988 HOU.~F. INt.. BOARD C)F DIIUeCI(.'~RS. I 990. I 993 ['}t:l.t,: a,,~ Bk,/~CH (~(}MMUNFT~' REDEVELOPMENT B04^'O COM,~tLgSIO,'4ER. 1989-.1997 PINEAPPLE GROVE MAIN STIIIik I 311r/Xll~. BO. qd~.'; Of D~ttfCFOR$. 1994-1997 ~IREc 7L q~ A'I' LARGE. 2000,PRFgENF OE 5~G,x' CO&I,¥1f~E AIEMBER. 1907-1'R~5~,~1 ~l ,-22-2001 I I:O'BR FA'OI,I:TRF,'LTOII 561 ~?~ ~088 TO: :llll~ CITY,OF DELlt4,Y II[ACH BOARD MEMBER APPLICATION F':P -I Please type or print ~he following/n.forrr~l:ion: h What Boardls) are you mtc:'c~d in ~c~,in~~ Business l:~one- Zip Cocie- Facilities :ask Team "; L,~,~ ~)1 ,£hv ~'~~vou art currently serving or have pr~viou:ly ~er,,ed (Please include :lates.t i - ,,.3 %.3 t ' "~-/"rT~,~ prot'essic~al eenifief~: iol:e ~n~ li~nses thicM,ou hold. . /0, IBIVi},:ul pr~en~or most recen~ em ] )~r. d 'ti . . - }: De'~cf;be e~per~es, s~:lls or knogi~dg~hi~mh~ you ~se~ hereby ~e~i?y that all the above statements are true, and I ague an~ under~tand that any misstatement ~ateri~l [acts ~ntalned tn this application may cause forfeiture upon my part o~ anF appo;ntmen~ I ma~ recel~.RECEIVED - ~,~~~~ JAN 2 3 2001 ~ote' T~ application will remain on fll~ in ~e~J~ Cl~ffi~e for a period of 2 } ~ from thc dare'it was ~ubm: ned. 1~ will be tl~e applic~r's res~nsibilily lo enst~e that a cu~t application is on file. James P Tarlton (JT) 969 Allamanda Dnve Delray Beech FI. 33483 561 274 6;)11 (home) 954 275 6537 (mobile) CAREER :SUMMARY Executwe who has cnnsmtently demonstrated leadership in achieving results for both start-ups estabhsl~ed organ,zations Established track record m the informatlo~ technology industry most recently at C~tr~x Systems Inc Strengths ~nclude strategic plannm~j, infrastructure development & ~mplementat~on with a hands on results onelltatlon Excellent judgmenl, expenence and knowledge People leadership Sk~lls include development, motivation, cornmumcatio,3 and team building concepts Have specifically designed and executed new business processe~ for pre sales post sales technical support, mformat~n technology, and corporate ~nfrastrtJcture Board member of SFMA Broward Alliance, Florida Internet Coast Advisory Councd, and Ut~hmax advisory board EXPERIENCE Au9 2000 - Current Med~ Wes! Palm Beach, FI ~hlef Te~,hnol0~v Officer/Chief Information Officer C~rrentl¥ engaged in start up activities which include business developme~t, strate§~c ~elat~onsh~ps/partner$, technology development and deployment, venture cap~tal funding, and prwate placement activities Medetalk Inc. provides a broadband commumcation servtces network and a d~stribut~on network of health care applications/application aggregabon to health cam professionals in major medical office buildings July. 1996 - Aug. 2000 C~trix Systems Inc Ft Lauderdale, FI V~ce Pres~.d,~nt Operations & Information Te.chnoloqy (CIO) Over 4 years of start up expenence as employee ~ 91 budding internal & external services worldwide ~nclud~ng. MIS, Infom~ation Systems Application Development global real e~tate ptanmng, reformation tectmolDgy & apphca~on selection & integration (ERP,'CRM) data mm~ng,'warehousincJ data entry, ~r~bo~,nd/nutbound telemarketmg, pre .sales system engin~rm9 support post sales technical support, & educational services As VP Worldwide Services developed customer support services to resellers, ~ntegrators, distributors, OEM's. channel partners, and enlerprise customers worldwide. Cltrlx Systems Inc provides multi user application server products which enable enterprise wide deployment of applications Madge Network~ Oct 1991 -July 1996 (Teleos Communications, Inc.) Eato~town. NJ .V!¢e president & GM Worldwide Custom.er SUPPort ReSl:,,.,~sible for development of the support service infrastructure, and network design consulting services for a venture cap,tat funded start up Products include software and hardware deployed m switched w~de area networks domestically eno internationally. Software and hardware products are network integrated for v~deo, image, rome, and data over public or pnvate wide area services Developed an infrasbucture w~th complete staffing for pre and post sales customer support and system test tncludmg alt elements of the dwis~ons financial and operational ~equirements m the US. Europe. and As~a in pleperat~on for an IPO Currently suppor~ revenues exceed 4 dollars, a margH] run rate of 35%-40% w~th 30 employees Previously on Board of D~rectors Teleo~ Europe. N.V. Exec~Jtwe Advisory l~oard and Customer Council Jan 1988 - Oct, 1991 Electromc Associate5 Inc., West Long Branch, NJ Vice President & GM, Customer SUDDOrt M@naged a dw~s~on ~n a pubhcly held corporate conglomerate where responsibilities ulclu(3eo overseeing 150 people world wide, d~v~slonal budget. P&L, balance sheet, cash trows arid strategic planning for haJdware/sofl~vare professional services division Increased revenues from 9 mdhon to 20 million m three years Profitabd~t'y increased from 1.8 million to 3 million during the some period Implemented a service automation pia~orm focused on radical markebng Reorganized rnarkebng programs while hiring a d~rect sales force end sale~ management Created new sales tools including pricing and contnbution margin models with net present values and internal rates of return by account. Nov 3 ~75 - Ja~] ~ 988 Di~3ital Equ~pme.,,,n,~ Qor~oration New York, New York N Y Area Servfce Marketing3 Man~qer Responsibilities included managing over 250 employees, achlevmng se~ce revenue of 200 mmlhon dollars Executed all elements of the ~leA se~mce s~a~gies includm9 development of marketing ~Oo~5 r~3oiJ~c~S ~d measurements. Assmgnment included a leadership role mn the new busmness ve~tures and technology advan~ments commmttee, responsible fo~ new so.ice strategmes, prodders and pricing Corporate ACcounts M. aga(~er. Telecommunications In~lustr~ Responstble for all contracts related to suppoJ~ services nationally and all aspects of consistent service dehvery Develnped and implemented service plograms, strategies, ~ncl policies to $~pport specific networking and application requirements Educabon Dlg~tel Equ~pme~t Corporation, Executivel Management Development Mahler Executw¢ D~velopment Temple Unwe~$ity~ Philadelphia Pa BS Engineering Hohb~os Te~n~s. Racquetball, Boating, Scuba Dw~ng, Fishing Mamed Fran Tarlton Two ehddren Mellssa ~ge 28 &Melame age ~1 'E,', ~EF'II],:I FRY. tFJ. : 56,14~ElO56,F_I F~L,. 01. 2L-lO1 u.,u. u~ ~m J~ ,'~ ~.~ nt~/ '~43 3:7J ('IT',.' CLEI~ OF DELRAY ~ACH BOARD MEMBER APPLICATION 03: 32F'H F'I Pie.-,~e t) ~e ~: pm-at the £ol]o~dng i' l"- Last 'qamc:: :Name ~~" Home A, ddr~$s: 3. Lega~, Residence i Cit~ , b~ib' Code Zip. Code Business Adoess; i City ]-~'~t~[' - L ~st a II CiD Boards on x~i~ 5ou are c_~re.-.rly serGn~, or have pre4oualv ~ervod- (Ptetse include 9 L,~ a,:~ r¢late~ professional :ertifi.,eetlo~ and licenses ~kieh >ou hold: 'C ': D~.cribe experlen:es, skillg or kno'&'Io.:lSe ~t'hich quali5.. 5ou ro ~eme on thi~ board: ('~l~se attach a b~ief resume) hereby ce~?.%, that all the above _~'tstement$ are true, and I ~jree ~nd un~e~tand that ~ny Note' ~ds a~plicadon w~l ~m~ff3~ file in-~e City Cl=k's Office for, period of 2 'y~ from {fib-~5~ s~ bm~wzd lr will be ~e apphmx% ~ondbiliu' m enmm ~at a c~m ~plicaSen il on file RECEIVED FEB 0 'I CITY CLERK FF'CII't : '.:, ~ ZEF'I I ! ,11 FAX 110. : 5614980568 Science ami Enginerlngz", "- ~lh [dilio~ I~LLE~ PROOF I ,'vHO ' ~21 Chic,Ion R~ - P.O Box 39'New Pro~i~enc~ N~ 07974-0039 I Fat,. _Ri 2001 05:53PI,1 P2 GNN~ 28015007 the ~,~le re.~pou$,bllRr of M~q,i.; Wl~o s wftu Seymour Zepnick 6087 rv]i 11 ington Way De'lray Beach, FL 33484-2487 :-DI. ,s'. )2{ 2 ~,.% ~, =,¢,07 131/300/07505/1927/M//a Uudcrhned information '~,dU not appear in the published biography- SEYMOUR. Civil engineer, ,:, -¢,;ltant- b. N.Y.C , MaP. 16. 1927; $. Pose Z : m. Isabeq]e Federofsky Dec 24. 1950; children: Glen Reed. Eileen LynO&. BSCE. CCNY, R,~g~stereo proel, engr.. N.Y., ~as~ , Conn.. W.Va., De]-, Calif.. ~d. ]950-51. H k Furge~5on. N.Y-C.. t/~ro Cosp . N.Y.C.. 1953-55; ='tm of Oermot Reddy, N pt~r oir. engr~ng.. 1968-74, ehgr I~67-68. F~mm of $- Ze~n~ck: 3ract~ce. 1988-96; dtr. BeYenCo Ibc. 1974-88 Pres. Bnai c~$u~ Lc. age 1968 69. RecSptenI 8~a¢d ASC5. N.Y.C., 1989. ,%~,-TS~-~. structures 1~79. v~ce chmn. ~war~ 1989). Home: 6087 ~'~*ngton Way Oe]ray Beach FL 33484-2487 _L_~6~j_~98-0568 Offlce: 6087 ~4]]~ngt¢,n way De]ray Beach FL 33484-2487 name state(s) ~n which you are Please indicate the exact placement of corrections and additions to your sketch by use of lines or arrows. DO NOT retype the entire ske[ch. Additious are included only when appropriate to Marquis style. ..... c~ See reservation form for your sp~ pre-pub~ca~ondiscounts. ~o~.~r~o~ · S~U~.~NNA--E~01S007~ 0 0 *SCOSGNNA--28015007D · SCDSGNNA--2801500710 N-O N-O FOR OFFICE USE ONLY *SC056NNA--~&o15nDTR MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM 9. ~. - REGULAR MEETING OF FEBRUARY 6, 2001 APPOINTMENT TO THE EDUCATION BOARD FEBRUARY 2, 2001 With the resignation of Ronald Nyhan from the Education Board, a vacancy has been created to fill his unexpired term ending July 31, 2002. Members of the Education Board must be residents of the City or have a child attending Delray Beach public schools or own property and/or own or operate a business within the City. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following have submitted applications and would like to be considered for appointment: Diane Richard-Allerdyce Nancy E. Brito Tanya R. Dowell Gerald P. Franciosa William H. Heller William P. Milner, Jr. Mimi Shapiro A check for code violations and/or municipal liens has been conducted. None were found. Based on the rotation system, the appointment wall be made by Commissioner Archer (Seat #2). Recommend appointment of a regular member to the Education Board to fill an unexpired term ending July 31, 2002. RefiAgmemo3.Appt. to Educauon Board. Regular Member 11 January 2001 Dear Fellow Education Board Members: I regret that my work schedule and other community commitments prevent me fi.om devoting the time necessar3.' to be an active Board member. I therefore am tendering my resignation. I want to wish all of you continued success in the important work the Board is undertaking. fcecel)' _ Ron N) hah RECEIVED JAN ! 6 2001 CITY CLERK 01101 EDUCATION BOARD MEMBERS TERM EXPIRES NAME & ADDRESS TELEPHONE 07/31/2001 Greta F. Britt Home: 495-1614 Appt. 08/99 867 Sunflower Avenue Delray Beach, FL 33445 07/31/2001 Marlene Z. Brown Home: 4994199 Appt. unexpired 03/7/00 3501 Hamlet Drive Delray Beach, FL 33445 07/31/2002 Lane Carlee Office: 561-434-8932 Appt. 07/00 734 South Lake Avenue Home: 272-1866-USE Delray Beach, FL 33483 07/31/2002 Eugene K. Herring Home: 274-3659 Appt. 09/00 825 S. W. 6th Ave. Delray Beach, FL 33444 07/31/2001 Lynda S. Hunter Office: 266-0197 Appt. unexpired 12/7/99 3950 Sabal Lake Road Home: 638-0384 Delray Beach, FL 33445 07/31/2002 James C. Kemp Home: 266-0782 Appt.09/00 903 Miramar Drive Delray Beach, FL 33483 07/31/2001 Jayne D. King Home: 637-8896 Appt.09/00 3400 Place Valencay Delray Beach, FL 33445 07/31/2002 Ronald C. Nyhan RESIGNED 1/11/01 Home: 276-0284 Appt unexpired 1/00 832 Lake Shore Drive Office: 954-762-5664 Delray Beach, FL 33444 07/31/2002 Patricia Rowland, Chair Home: 276-6763 Appt. 09/98 629 West Drive Office: (561) 881-4712 Delray Beach, FL 33445 (Appt 09/98) x-8828 07/31/2001 Stephanie R. Stewart Home: 638-8067 Appt. 09/00 4663 N. W. 6th Court Work: 276-6755 Delray Beach, FL 33445 07/31/2001 Sheldon Well Home: 496-0549 Appt. 07/99 925 Greensward Lane Delray Beach, Florida 33445 STUDENT MEMBERS (one term limit) 2 YEAR TERM 07/31/2002 VACANT Home: 1 YEAR TERM 07/31/2001 Katrina M. Sorenson Home: 278-9799 CITY REPRESENTATIVE: Janet Meeks - City Planner COMMISSION LIAISON: Jeff Perlman Contact: Loretta Heussi: 243-7040 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ' 199~ Please type or prim lhe following information: -1, Last Name::/., 2, Home ~Address: - _ 'ql~s ~0v6 "'tn 3' Legal Residence ....... , ,, ~AHd , 4. Principal Business AddresS: 5. HomePhone: (~{~lNa Cjty I State j Zip Code City - J State ] Zip Code City State [ Zip Code 6. What Board(s) are you interested in serving? -7. Li'st '"!! City Boards on which you are, currently serving or have previously served: (?leas~' include dates) [~. Educational qualificatiSns: .~- .... 9. Lis~ ~ny related proYession~l cenific~uons ~d licen~s wfiiCh you hold~ ~10. O ive your prese,~, or most ,~cent em ployer, and pos_itl_on: L..~ ~O ~0 t)/.3 x Ifc~ t~,gt T Y ' ~3 E ~, C ~ & ~ ~ I 1. Describe experiences, skills or knowledge which quali~ you to ser~e on this board' (Pi~ ~cn ~ ~rie~resumej I hereby ce~i~ that all the above statements are t~e, and I agree and unde~tand that any misstatement of material facts ~ntained in this application may ~use fo~eiture upon my pa~ of any appointment I may receive. SIGNATLIKE Note: RECEIVED JUN 2 0 2000 VA~ ' ' CITY CLERK This application will remain on tile in the City Clerk's Officd"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. IMane Rlchard-,Mlerdy~e ,#~ N. W. Sevesth C..~m't PKD. in~th~n ~e Univ~ of Flotid~ (AIM1 19~) Dinnmvas~n' "l'ne F~m~e Casiivity of AMIs N'm A Lnc~ni~ vie~' ~ by ERie RagJand-Sutl~a~ Phi ~ Kapl~ M.A- flggg)aodB. A (1952) inEuf, li~f~omFloe~kAtlanfi¢ Universe. These: 'Sam~ andlnmnitym Two Novels by William Faulkner' dire~e~ by ~ulian C. Kick. U~ler~rsduate Award. Kenneth P,. Will,ams Award for ~ .~4~,,-v~me.a~ April 1983. TMchtn~ nd Ad~i~i~rmi~ ~em Unttm,lm Unher~i~t Feliowthlp of Boaa R~on, Boca RatoIg FkYflda (1993-pleeeel). Religioo~ ~oil tead~ ~ so~ action rmson. ° '~erit~re Femintne amd il~ 197-226 ~ (1~). 79-94. 14.1 (S~ 1994) ~e ~h~lc C,~lcl~. ~ ~ V~ I. ~ K~ ~o. KSU ~ 1989, ~-~ C~ve W~ "~ W~' M{~ P~ R~, 'W~ ~ ~ ~ ~). ~ca ~on ~'s, 26 ~ 1~. 3C. ~io~" ~m) ~ 'To a ~o~~ ~ ~). ~ Jo~ Fo~ P~oc Me~a~. N~ Yo~: O. P. ~m_ !~7. Lit~ S~l~e' ~ ~ R ~w~'s Rec~fl~n~ 62.2 (~ 1~7): 16T-70. Conddev~ Dun'ell: Fn~dship, knlousy and the Creative Prof.s.' Dun~.lL Millet stol }qJn, 1930-1940" (May 1995) in Colmnbus, (,~fll 19~?) tn Gmmsvi~. Florida_ "~making Silgn~: Narrmve m~" Nanm~: An~~ (Alml 19~6)in Coinmtn~ Ohio. "~t~.~e~ of Evasion in {he ])iar~ of Arians Nm: Tb,m md Now.' Vancouver, B.C. Cu~nn, AmocUtio,~ A.nnua{ ]vkstm~ (.~4m.n m994) ~n Chi,:qo. An~i~ Cnlm~ Asr,~tion Annml Meeting (~ Color: ~e ~ A~ ~ ~ Wa~." ~8 ~ l~l) m ~ ~. T~. ~h 1~) m To~o. ~ ~~of~~' ~~. 'W~: ~~' M~ T~o~' ~~ O~ ~b~ ~ U~, I~ 14-J~ 30. 1~3. Crudentiah Avdlable Upon i~quess CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print thc following information: 1. Last Name:: ~/~ t 7"~ 2. Home Addrcs. si: 3. Legal Residence 4. Principal Business Ad.ess: ~a I ~m cy City City Business Phone: What Board(s) are you interested in serving? ~ .~) U c~'"r[ 0/0 '~O~/e..]~ State State State Middle Initial Code Zip Code Zip Code. 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) 8. Educational qualifications: 9. List an3' related professional certifications and licenses which you hold: 10. Give your present, or most recent employer, and position: GraotoS I-lo 1 i. Describe experiences, skills or knowledge which qualify you to serve on this board. (Please attach a brief resume) Se,P_. FeS~ m~_., I hereby certify that a//the above statements are true, and I agree and understand that any misstatement of material facts contained in this app/ication may cause forfeiture upon my part of a~me~y receive.RECEIVED 2//~.~-~ S,OSA'rU~ / / AUG 2 1 2000 DATE Note: This application will remain on file in th~it'y'C~rw-s OYfi'ce 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. ~'~'rYCL.~:~ ~0 AADLM~PLI CATION Nancy E. Brito 2535 HiGhland Avenue Delmy Beach, FL 33445 (561) 278-5694 I~to2mom~-ol.com EDUCATIONAL BACKGROUND Florida Ati~nUc University Boca Raton, FL Enrolled in Educational Leadership M-sters Program St. John's University J~maica, NY Professional Diploma in the field of Ecluoational Aclministmtion and Supervision Adelphi University Garden City, NY Master of Arts in Bilingual Education York College, CUNY Jamaica, NY Bachelor of Arts Spanish/Education WORK EXPERIENCE Palm Beach County Schools, FL ESL Resource Teacher ESL Coordin~ting Teacher J. C. Mitchell Elementary, Palm Beach County, FL ESL Program Contact Person Fourth'Fifth Grade ESL Te,~cher Pine Grove Elementary, Palm Beach County, FL Kindergarten/First Gr~e ESL PS 14~, Dislrtct 32, NYC Board of Educ~on Title I Bilingual/ESL Readir~A/ritin{~ath l.~bomtory Grades Two to Five Becond Grade Bilingu~ESL Teacher CE$ 88, DislHct I, NYC Board of Education Bilingual/ESL Teacher Grades One through Four ¶~4 - Pre~ent 1~78 - 1580 1972 - 1977 1fi8 - Present 1~95-1t98 1~93 - llgs 1989 - 1~3 1982 - 1989 1985 - 1989 1978 - 1982 CE8 1t4, Dislrict I, NYC Board of Education Title I Bilingual/ESL Reading Teacher Grades One through Throe OTHER EXPERIENCE~I South Ama Palm B.ach County, FL Coordinate and review ESL Instructional program for South Area Schools. Train teachers in ESL Strategies. Participant of district CARE Cunlculum Writing Committee. Coordinatad ESL Instructional program. Participated in staff development for teachers, Community I.~nguage Facilitators, and Educational Assistants. Trained district teachers in CARE/ExtmCARE 2000. District CARE Team chairperson. Participant of distdct CARE Curriculum Writing Committee. Sewed in district ESL Steedng Committee. Headed an instructional development team that cleveloped a kindergarten and first grade program of instruction. Co-author of Early CARE, Kindergarten/First Grade Implementation Guide. Chairperson for district Parental Involvement Committee. J. C. Mitchell Elenmntary Established Project CARE and Extra CARE. Trained Area 1 teachers in Project CARE and Extra CARE. Contdbutad to the Orthodox CARE Implementation Guide. Sewed in district Audit Committee and many school- wide committees, inciuding liT, Multicultural Fair and as chairperson of school LEP committee. Participated in the development of lessons for Extra CARE to be disseminated to other schools. ,Served as Peer teacher to a beginning teacher. Pine Grove Elemenlary Created a curriculum for ESL students. Coordinated/Conducted LAS-O Testing. Participated in Curriculum Committee. National Board for Prof~mional T~aching 8lancla~J~ Educational Testing Service Partic~patad in a Bilingual Generatist Panel for the development of testing procedures. Piloted Entries for ENL Certificate. Participated as Portfolio Trainer and Vatidator for ENL Certificate. 1177 - 1t78 lf~8 - Pre/em 1tt3 - 1tt5 lm - Pmlmnt 1~8 Gulf Area TESOL 8outheast Regional TESOL USF Ungul.tics Org~nizatJon Presented paper at Annual Conferences on Oral/Written Language Development Through Literature ~outheast Regional TE$OL Presented paper at Annual Conferences on ESOL Software for Thematically Based Units. Ioutheast Regiorml TESOL 8unahine 8tat. TESOL International TESOL Presented paper at Annual Conferences on Developing a Unified and Academic, ally Rigorous Sheltered English Curriculum. IntlrnltJonll TESOL 8unahirm State TESOL Presented paper at annual conferences on Developing a Kindergarten/Fi~ Gracle Sheltered English Curriculum. P8 145 Participated in various school-vHde committees IncJuding Reading, Testing, and Writing Committees. Coordinated/Conducted LEP students LAB Testing. NYC District 32 Cent'at Office Participated in Title I Curriculum Writing Program. REFERENCES FURNISHED UPON REQUEST 1~ 1~7 1~98 1~8 1~85 - 19.9 2535 Highland Avenue Delray Beach, FL 33445 August 11, 2000 Mayor and City Commissioners City of Delray Beach City Clerk's Office 100 N. W. 1~ Avenue Delray Beach, FL 32~?.~. Dear Mayor and City Commissioners: I am interested in serving in the Delray Beach Education Board. Enclosed is an application and resume documenting my educational background, work experience and accomplishments. I believe I am qualified for the position and would be an asset to the City of Delray Beach. Thank you in advance for your consideration. I will be looking forward to hearing from you. Nancy E. ~l'it~ ~' ~NO~IC_~T/~ P~ITT P(~CI/~ 01,82 CITY OF DEl_RAY BE, ACH BOARD MEMBER APPLICATION RECEIVED AUG 2 8 2000 CITY CLERK EMPLOYMENT TANYA R. DOWELL, ACSR 4686 Cresthaven Boulevard #5 West Palm Beach, FL 33415 (Home) 561-649-2631 (Work) ~61-242-2219 Health Management Systems - West Palm Beach~ FL Administrative dssistant - January 2000 to Pre~ent Major accomplishments to include the streamlining of manual processes by evaluating existing processes/procedures and developing various computerized spreadsheet documents. Responsibilities are as follows: · Accounts Payable · Maintain and track Project Billing Invoicing · Update and maintain Managed Care Recovery Claims Tracking Database · Process all Client Managed Care Recovery Invoicing · Florida Office Benefits Point of Service Contact Person · Florida Office Compliance Point of Service Contact Person · Assist Vice President of Marketing · Assist Manager of The Decision Support Group as needed · Assist Field Consultants as needed · Maintain Time Off Schedule · Work on Special Projects as needed · Facility Cons~'uction · Maintenance of computerized and non-computerized office equipment · Coordinate and oversee vendors relationships · Maintain and ~'ack budget for office supplies Patient Financial Services~ Intracoastai Health Systems - West Palm Beach, FL .4dministrative dssistant - December 1998 to December 1999 Report directly to System Director of Patient Financml Services as personal secretary, handling various aspects of thc PFS Administration Office as follows: · Accounts payables · Check runs · Compile and maintain Daffy Report Card production report · Prepare agenda for weekly PFS management team meeting · Order and maintain office supplies · Vendor Relations · Non computerized office equipment, i.e. phones, faxes and copiers · Building issues, i.e. maintenance, parking and security · Special projects · Appointment scheduling · Filing · Miscellaneous typing · Provide clerical support to director and managers as needed Office of U.S. Con~,ressman Alcee L. Hastinas -West Palm Beach, FL Congressional Staff Assistant - August 1998 to December 1998 Reported directly to the District Representative. Major accomplishment development of automated forms on computers increasing production by 50%: · Worked on both Florida State Senator Mandy Dawsons and Commissioner Maude Lee- Ford's campaigns · Attended various engagements on behalf of Representative Hastings · Typed letters · Appointment scheduling · Maintained computer equipment · Ordered and maintained office supplies · included Handled constituents calls/concerns and relay to representative Hastings DC office Provided clerical support to congressional staff assistants Associated Business and Commerce Insurance Corporation - Boca Raton~ FL Under~,riting Assistant - Workers' Compensation Ins. January 1995 to June 1997 Reported dxrectly to the Underwriting Manager. · Accountable for reviewing, quoting and tmd~xvriting new business and renewal submissions · Data entry and maintenance on account files · Verified business experience rating modification with NCCI · Processed and issued endorsement changes · Responsible for sending termination and reinstatement notices before Florida State guidelines · Daily contact with NCCI, Florida Department of Insurance, agents and policyholders Atlanta Casualty Insurance Company - Atlanta~ GA /ldministrative Assistant - Actuarial Product Management August 1993 to January 1995 Reported directly to the VP of the actuarial department as administrative and personal secretary. · Elec~'onic maintenance of private passenger state fihng manuals on PC · Down loaded manuals for preparation of individual state filing · Provided clerical support to actuaries · Prepared weekly and monthly production reports · Maintained law library National Council On Workers' Compensation Insurance - Boca Raton~ FL, Supervisor - Order Processing Department July 1989 to January 1992 Reported directly to Assistant Vice President of Quahty Assurance. In charge of hiring, training and evaluating the performance of employees in the Order Processing Department. Involved in all phases of quality customer service, order processing and Mailing lists systems. · Data entry of product orders · Developed and maintained mailing lists · Resolution of account discrepancies · Prepared monthly status reports · Appointed Team Leader oft. he Financial Information System Task Force. The FIS Task Force studied the order processing, accounting and mail center systems. It purpose was to develop more efficient ways of tracking financial reformation and getting publications out the door in a timely manner. · Appointed member of The Effectiveness Publication Process Committee EDUCA~ON Sinclair College - Dayton, OH - Major: Business Administration & Secretarial Sciences. ACSR Insurance Designation, 4-40 Commercial Lines Insurance License SltH.LS AND STRENGTHS Windows 95, Windows 2000, MS Word, MS Excel, MS Access, Lotus 123 4.1, WordPerfect 6.1, Quattro Pro and Ami Pro Insurance Systems - Insumet, Applied and FFVA Systems 3 FPOI'I : GEF.'-C-,RI 1 FR:,,.: 110, : 561.:"660746,. _Tu 1, ..='"'? BOARD MEMBI~R APPI=ICA?ION 7' 022£2- Pleuc ly~ ~r ~ ~¢ following informaxion: City Bus.ess Phone: .//~ V,'h~! t~osrd(s) sre you [nteeegtecl in let",,jftg? Zip Code T.,st all C i~' Bosrds on ~hich you are ~urrc,,tly iervln~'%r'have p~iously ~erved: (?1~'~ im-l.de -ti: Educa,'ion~d q6slifications. ,~ff. lO Oi~e )ou~ pr=s~ or most m~nt emDioyer, ~ posiffo~: __ . . · I°'.n app°/ntmen~mayrec~a' ~pplica~o~ ~11 r~m o~ ffl, m ~, City CI~'~ O~ fo~ ~ ~od of 2 y~ ~om ~$ ~e h Not~'rhis submi~d It will be ~e 8~lic~'S res~nsi~i~ ~ ~e ~ e cu~nt ~cafion is on file. JUL 2 7 2000 CiTY CLERK 05/07~00 ~ 11:$6 FAX ~8! ~4~ 3774 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 993 Il. Lut Name:: Heller 12. Home.au:l~'ess: '- / 50 East Rd, Apt. 13. L~lP~sidence As above 4. ~n~ B~e~ Ad~: Not Appl i.~bl e ~. Ho~ P~=: 561-274-7458 6. ~ ~(s) ~e you im~s~d 5-H! City Delray Business Phone: William Beach $~te N/A [ Fax: Education Zip Codc 33483 Zip Codc code N/A Li~ ~il City Boards on which you ar~ currentby sen, lng or have pr~,iously serve: ,(Please include dlles) None .8. F,,ducefioaal qualiflcations: B.F.A. - Carnegie Inst. of Technology 9. List~iaedprofc~sionalcerti~a~on$~d ~ens~swhichyoubold' None ~10. Give ~ur pre~n~ ~ mo~ recent ,m~o~r, ~d ~sit:on: President, Straus Financial Services Corp., Richmond, VA ll. Des~i~exp~c~ ~iUsorkn~nvledgewhichquali~youtos~e~ ~i$~ard;~leaseat-~ach~efrest~e) VP and Training Director for a ma~or life insurance company. hereby cert'i~ ~hat ell the above statements ere true, an~ I agree anti understand Chat any missM~ement of material facts contained in ~hi$ application may cause forfeiture upon my part of an[ appo, ln~rnetlt .r may receive. ~ote: June 15, 2000 _ DATE This application will retool- on file in/he Ci~ Clerk's Office for a period of 2 )'ears fi-om thc da~c it was submittcd, It will be thc applicant's responsibility to ensure that a currcm applicatio~ is on f-,_lc, WXL m:LLI Bill Heller was born in Brookline, Massachusetts in 19128. He was educated at Cambridge Academy, Cambridge, Massachusetts, attended the University of New Hampshire and was graduated from Carnegie Institute of Technology in Pittsburgh, Pennsylvania. Bill entered the insurance business in 1952 in Boston. In 1958 he was awarded the Chartered Life Underwriters designation. He and his wife moved to Richmond, Virginia that year when Bill accepted a vice presidency at Fidelity Bankers Life Insurance Company. In 1965, he resigned to become a consul- tant to life insurance companies with Bowles, Andrews & Towne working in their sales and marketing areas. In 1971, he opened his own general in- surance agency in Richmond. He retired as president of Straus F/nancial Services Corp. in 1995 when he married Ann and moved to Florida. Bill and Ann have four marr/ed ch/ldren between them. They have slx grandchildren. They moved to Ban' Terrace in September 1995. Both have been actively interested in the Board and our social functions since that t/me. Bill's experience and knowledge of the insurance industry and his prior mana&ement duties provide him with abilities that would be of value to all the Unit Owners at Barr Terrace. As a year-round resident, he has the tim~e and interest to serve in a meaningful capacity on the Bart Terrace Board. SPEr ICE'Ia' ;',.~.£T,C., ~F' ITT BOARD MEMBER ,APPLICATION ¢o~ )'ou 4/I ~. ~ a~, M PI°~uI~(~I) ~ i~1 IJc~'""vbich-you hold: .... ~ migent of m~at ~ ~lng in ~ eppli~bn mey ~u~ ~I~ u~n my pad .... . ,, · . ; ..... _, , _~ '- '" ~ _ z2~ ' t RECEIVED AU$ 2 5 2000 CITY CLERK WILLIAM P. MILNER. TR. 3400 Pla~e Valencay, Delray Beach, Florida 33445 l~oue (561)637.8896 Fax 4561)63%5802 I~smoN O~o'ECTIVE: Ennploymem Spe~alist S~Y OF QUALIFICATIONS Expm leu~oJ m career counseling, interv~e~u~g ~ job pigment Abtht) to asmss and cval~te ~ng n~ of ~loye~ Skdl~ ~n ~dtng pros~c~ive e~loy~s into ~ ~t m~ud~ ~e~ hun~ ~tenti~ Fonnc~ ~e~h~ ~ nh a ~dc r~ge o~ commum~ Es~bl~sh~ relat{ons~ ~a~ con~w-ba~ I~e~ m business. ~ucatio~. c~ ic ~d rch~ous Working rclauongups ~ ~ govcmmenl~ o~ls ~d u~t~,on~ {~ders E~nen~d m {nt~el ba~ tc~h ~d PC a~cauons M~ag~ office ~d field ~ of ~5 ~ple m a f~-~ ~ ~ven e~ironm~[ Pro~en abd~t> Io re.arch. ~nu~. d~ument m~d udhze va{~ble i~l Able to ~ua~c. orgam/c ~d ~~ly follow ~gh on proj~ H,ghl~ mOllVal~ ach~excmem odt~l~ l~l CO~ICATION SKILLS Expencn~d pubh~ Sl~aker ~cillcd and s~nsltive to all ty~s of audiences Skilled ~u~d cre~n~,c ~nlcr ,~lh expenenc~ m developing effectrve and persuasive wntnen commamcations Prepared press rclca~s newspaper articles and appeared m radio and lelev~sion pie. cci to publicize programs Commu.nlca~lon sluJls m Sparush. vel3' hrml~[ C~rllmi Developed muhl-medl.s pte~'llt.,3iJoBs, lIIstI~C'tiOl~! alld m.arketmg materials EI¥1~LOYMENT HISTORY B~ in~or ~ (~,~r. C:~cr fo~ T~hnolo~y. Em~n~ m~d ~velopmcnL ~ba~ B~h. I'L llnme~u~b~ t~C~l~n~.lc tnt ~ Mid ca~ e m~<l home ma~cmcm ~le ~f~ r~ovcred ~om ~nnns HI,ss 19vv-Pm~mt 1998-99 1995-1998 1994.Present 1091-19<~1 1 qc~2 1991 EDUCATION/TRAINING B,A. lnlerdi~iplina~ S~.cial Sciences. 1983, Universil3' of South Florida, Tampa. FL Cou.rsc work inchz~ed Black Pohucal ~ou~t S~mlo~ Antonio,. Economic. Women's Sz~es. Histo~. ~ce ~d Et~c Relauon~ Naive ~men~ ( uhurcs P~lo~ph~ a~ ~c. Pohu~ Sc~en~. Comatose E~o~ St~es. P~chology, U~an Studt¢~ Human ~,~. Confllcl Theo~ a~ Business Law Reliction A~i~tance Program M~a~r Training. Hays G~p at WiBigen, ~rm~y Reid'am Cour~ work' Marketing. Pubhc Re]a~on~ Pubh¢ S~mg. Adve~sing. ~uzat~onM ~x'ior, P~cholo~cal As~ of Relocation MILITARY SERV'ICE: U S NaxT, ! 973-1977. Honorable D:scharge COMMUNITY SERVICE Delray Beach. FL ! ;~lunteer EPOCH (Expanding and Pre~erving Our Cultural Heritage). Assisted m the amplementat~on of · ar, ou~ ¢omn~mutv events m supl~ort of the $ D. Spady Black {~lstol? Museum Giessen, Germany. r)rgnmter Orgamzod lectures for Dr. Peter Rosset. Executive Director of The Institute for Food and Polic) De,elopment. ~asmng al O~essen University Zara£oza Air Base. Spain ll/,~cA ,S'pectal Emphaw v Program 3.~anager Orgamzed and secured fimds for a x~ R~c varlely of for enure bane conmum;ty including mulu-cultural dinner andjazz concerts, film series, rhea{er lectures. essay/art comests mx oh lng six, dents from the local culture as well as the nulitao.~ ¢ommum~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 3. Legal Residence 4. Principal Business Address: 5. Home Phone: (~;7) Name //~j/~/ City Business Phone: ( ) State Staze Middle Initial Zip Code Zip Code 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) Educational qualifica~ 9. List any related professiottal ce. rtifi~tions_~d lice,,nses which you ho. Ifil: 10. Give your present, or most reffent employer, arid'position: 1 I. Describe experiences, skills/~r knowledge wJ~ich Q~alify you to serve on thjg boarji~ (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 application may cause forfeiture upon my part SIGNATURE ~/ DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years bom the date it was submitted. It will be the applicant's ~l~iJ~Ee~e that a current application is on file. ~cTrY~BOARD~d~PLI C AT] ON FEB 0 9 2060 CITY CLERK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM C~. L .. REGULAR MEETING OF FEBRUARY 6, 2001 APPOINTMENT TO THE GENERAL EMPLOYEES PENSION BOARD FEBRUARY 2, 2001 With the automatic resignation of Barry Rubin from the General Employees Pension Board, a vacancy has been created to fill this position. Section 25.105 of the City Code provides that the General Employees Pension Board members shall be appointed by the City Commission. Each member may, but need not, be an official or employee of the city, and each member is appointed by the Cxty Commissmn to serve until a successor is appointed in hke manner. The following have submitted applications for consideration: Stephen R. Swank Kenneth S. Rubin A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Schwartz (Seat #3). Recommend appointment of a member to the General Employees Pension Board. Agmemo3.Appomtment to General Employees Pension Board [ITr?, gL: DELRflV BEfiCH DELRAY BEACH ~l,.Amedca C~ 1993 Januarx 1 l. 2001 100 N W 1st AVENUE DELRAY BEACH, FLORIDA 33444 561'243-7000 BarD Rubin 23181 Boca Club Colon> Circle Boca Raton. FL 33433 Re: Notice of Removal from the General Employees Pension Board Dear .Mr Rubin. A rex iex'` of the attendance records for the General Emp]o> ees Pension Board indicmes ~ou ha'`e been absent for three consecutive regular meetings Pursuant to Ordinance No 19-05. enacted April 4. 1995. failure to attend three (3) consecutix e regular meetings is defined as abandonmem of office and requires automatic removal from the commiuee effecux e imme&atel'` Enclosed is a cop> of the aboxe ordinance for >our revie~ Please note that )ou ma> request reappointment to the Board at an3 time. If>ou v, ish to be so considered, please for'a ard )our request to the Citx Manager and .,,'our name x'`fll be included '`~ith o~her potential appointees ,,,,'hen the Citx Commission fills the x acant pos~t]on Your past serx ice on the General Emplo> ees Pension Board is greatl3 appreciated. Sincerel>. Dax id T Harden CiD Manager DTH px'` Eric. CC: Shem' Muehlberg. Secretary Jeffre> J Keating. Chair Patricia Warren. Board Liaison THE EFFORT ALWAYS MATTERS DELRAY BEACH ® BOARD MEMBER APPLIGATION 1993 Please type or print the following information: 2. Home,Add,ress: . ' State Zip (2ode 3. Legal Residence City State Zip Code 4. Principal Business Address:t-~,,--,~-~%~'~ State Zip Code 5. HomePhone: c:,D.b~"., oxqj-ff BusinessPhone:~Dq, c)0tb 6. What_Board(s) are you interested in serving? 7. List all CiD' Boards on which you are currently serving or have previously served' (Please include dates) 8. Educational qualifications: 9. List an3' related professional certifications and licenses which you hold: 10. Give ~our present, or most recent employer,)nd position: 1 I. Describe experiences, skills or knowledge which quali~ you to sc~e on this board: (Please a~ch a brief resume) o I hereby ce~i~ that all the ~bove $tatement~ ~re true, and I agree and unde~tand that any mi~$~~nt of material/act~ co~~ ~ ~~li~tion may cause foWeiture upon my fypointent I ~g receive. ~ ~ ~1 v ~ ~]GNA~U~ ' ~ ~ DATE OITY OLERK 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. $~C rr'Y CLEKK ~,0 A.KD ,APPL I C A TI 0 N 1989-CURRE. VT 1985-1989 1978-198.5 KENNETH S RUBIN 695 ENFIELD CT DELRAY BEACH, FL 3~..~.~. 561-265-2988 #HElrrlll Mill LiAIEBIIP/IIEIBEBIlIP HI'LIIEICE LEADERSHIP PALM BEACH COUNTY, GRADUATI~ 1985 ORGANIZING COMMIT'fI~: LEADERSHIP DELRAY BEACH MENTAL H~ALTH CENTER, 1982-PRESENT TRUSTEE, PENSION PLAN, SOUTH COUNTY MENTAL HEALTH CENTER, 1996-PRESENT BOARD OF DIREC'rORS, DELRAY BEACH 'IENNIS CENTER 1982-1993 MANAGER/COACH DELRAY BEACH NATIONAL LH'rLE LEAGUE 1993-PRESENT VOLUNTEER BASEBA! J. COACH, CARVER MIDDLE SCHOOL, 1996-1998 VOLUNTEER VARSITY TENNIS COACH, ATLANTIC HIGH SCHOOL, 1999-PRESENT CHAIRMAN, UNIVERSITY OF MASSACHUSETTS VARSITY TENNIS TEAMS SPRING TKAINING AND BENEFIT TOURNAMENT TRIP TO DELRAY BEACH, 1999-PRESENT PAST PRESIDENT, DELRAY BEACH TENNIS CENTER, 1988-1993 DIRECTOR, KINGSLAND HOMEOWNERS ASSOCIATION, 1991-1993 PRESIDENT & CFO, DELRAY GOLFVIEW CONDOMINIUM ASSOC., 1982-PRESENT ORGANIZING COMMITTE:DELRAY LAKES HOMEOWNERS ASSOCIATION(NEWLY FORMED) NEW ATLANTIC HIGH SCHOOL BOOSTERS CLUB CO/~WLY FORMED) VARSITY TENNIS COACH, UNIVERSITY OF MASSACHUSETTS, 1976-1977 SPONSOR, DELRAY BEACH YOUTH COUNCIL WlliK II;TOBY FInaNCiAL CONSUL TA3.7'/I.~~7'ADV1SOR P3~K SECUR1T1ES AND RESEARCH 310 EATLA3,~IC AVE DELRAY BEACH FL 33483 F1NANCL4L CONSULTANT/INVF. ST?,~bT ADIqSOR Jif' GENESIS SECURITIES 400 E I.,I3,7'0N BL Iq) DELRA Y BFM CH FL 33483 VICE PRESIDENT AND REGIONAL MANAGER SUNTRUST BANK 1800 S FEDERAL I-FWY DELRAY BEACH FL 33444 1976-I978 1972-1976 MBA, UNIVERSITY OF MASSACHUSETTS, AMHERST, MA 01003 BS, LrNIVERS~ OF MASSACHUSETrS, AMHERST, MA 01003 Received l~ay-eg-0e 03:1~)pm froa 561 243 3774 -~ D pag[ 1 C PI,~, ~ o~ prim me fo]]owh~ ,h~form,do~ ........ t"1. L~st ~q~e.: Swank ?~'-T~~%1~"'425 Palm Trail 13~ I¢~] R.~idence Same Stephen Delray ~each 309 N~zth~t Fir~t...~tree~ (561) City ' ' (561.) 27~-1002 TI., State 33483 Z~ co~- Zip ~T_., None Un£v of FL.- Bachelor of Science in Business Administration professior~[ r. ert,ficaI~on$ ~md [{~m~ w~ich you hold: Certified Public Accountan~ licensed in FL #9042 ' ] 0 (:][~e yFu'; pr~ent, ~ mo~t m=~t employer, md pol~io~; ~= ,.. Marri~on ~ Swank, P.A. C?A's_ Partner , ,, Financial~ budgettn~ & investment related knowl~dqe lea. rr, ed from 21 year career in public accounting serving individuals and small businesses I hera~y ce~ ~at etl ~e ebove ste~emems a~ ~e., cng ~ ague and unde~:~n~ ~h~ any' misstatement of mm~al fac~ ~ntai~ed In rhls aopllcatlon may cause fo~elture upon my pa~ of a~ appoin¢men¢ ] may receive, RECEIVED HAY I 2 2000 CITY CLERK Stephen R. Swank 425 Palm Trail Delray Beach, Florida 33483 (561) ~7.-_954 Personal Boynlon Beach.:Delray Bearh resident ~nd native Floirdian to .~am Swank, $~,en-year-old daughter, Allison Married Education University of Florida, 1978 Gainesx,ille, Florida Bachelor of Science in Business Administ~ ation l~ajored in Accounting Saint .amdrews School, 1973 High School Diploma Boca Rato~ Florida Work Experience Morrison & Swank. P A 1985 - Present Workmen Rhine & Co CPA's 1980 - 1985 A.M Pullen & Co. CPA's 1978- 1980 Deh'ay Beach, Florida Boca Raton, Florida Ft Lauderdale, Florida Community Semce CRC Recovery Fotmdation, Inc, Board Member and Treasurer, 1992 - Present The Mofikami, Inc. BoaJd Membe, and Treasurer, 1988 - 1998 Sahn Andrews Alumni Association Board Member, 1986- 1995 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ff] - REGULAR MEETING OF FEBRUARY 2, 2001 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD DATE: FEBRUARY 2, 2001 George Brewer, a regular member Enforcement Board (letter attached). ending January 14, 2003. serving in the subcontractor position, has resigned from the Code Tbas creates a vacancy for a regular member to fill bas unexpired term Also attached is a memorandum from the Code Enforcement Board recommending that Marun Bellsey be moved from his regular member posmon to an alternate member position due to extenuating circumstances. As noted, Mr. Bellsey has been a dependable board member over the years. If the Commission accepts the recommendation to move Mr. Bellsey to a vacant alternate position (created by Dr. Josh Smith's appointment as a regular member on January 2~d), then a vacancy will be created for a regular member (layperson) to fill Mr. Bellsey's unexptred term enchng January 14, 2002. A list of current Code Enforcement Board members is attached for your review. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member posmons shall be made on the basis of experience or interest m the fields of zoning and builchng control. The regular and alternate membership shall, whenever possible, include an architect, a busmessperson, an engineer, a general contractor, a subcontractor and a realtor. The following have submitted apphcations and would like to be considered for appointment: · Jean Heinly-Bainer (banker/currently on the Nmsance Abatement Board) · Mark Gregory (sign construcuon) · RussellJennings (contractor/currently on the Nuisance Abatement Board) · Willie Potts, Jr. (lawn maintenance) · Anthony Velm (current alternate/layperson/mterested in becoming regular member) A check for code molattons and/or municipal hens was conducted. None were found. However, Mr. Potts has had a felony conmction and unless he can provide proof that his civil rights have been restored, the State Consntution prohibits him from serving on the Code Enforcement Board Assuming the Commission accepts the Code Board's recommendation with respect to Mr. Bellsey, the two regular member appointments will be made by Comrmssioner McCarthy (Seat #4) for a regular member (subcontractor posiuon) to fill an unexptred term ending January 14, 2003, and by Mayor Schmidt (Seat #5) for a regular member (layperson) to fill an unexpired term ending January 14, 2002. The recommended action ~s to accept, by motion, the Code Enforcement Board's recommendation to move Mr. Bellsey to an alternate position, followed by the regular member appointments as outlined above. RePAgmemo3 Appts. to Code Enforcement Board ARCHITECTURE 11 S.E. 4TH AVENUE DELRAY BEACH, FL 33483 PHONE: ,561.272.7301 FAX: 561.272.3722 January 11, 2001 Norma Smith Executive assistant, Code Enforcement Board City of Delray Beach- 100 NW 1 '~ Street Delray Beach, FL 3,?.~.~.4 Dear Norma: It's with great regret that I must resign from the Code Enforcement Board. My workload has gotten beyond what I can handle, making spending the afternoon with the board almost impossible. I will miss all the fun, excitement and everyone involved. Thanks for all the good times. Regrettable yours: ! George Brewer RECEIVED JAN 1 $ 2001 CITY CLERK MEMORANDUM TO: THRU: FROM: SUBJECT: DATE: Lula Butler, Director, Community Improvement Richard Bauer, Code Enforcement Administrator Norma Smith, Code Enforcement Coordinat~,,~ MARTIN BELLSEY January 10, 2001 Martin Bellsey has been a regular member ofthe Code Enforcement Board since September 23, 1997. He has been unable to attend Board meetings since October due to illness. I spoke to his wife today and he is in the hospital. His recovery period is lmknown. The Board at their regular meeting on January 9, 2001, recommended that Mr. Bellsey be moved to an alternate position (since Josh Smith has moved up to become a regular member). I've attached attendance records; Martin has been a dependable member over the years. January 25, 2001: Mr. Harden approved to be presented to City Commission for a decision. pw RECEIVED JAN 2 3 2001 CITY CLERK RECEIVED JAN 1 1 2001 COMM. IMP. ADMiN. 01/2001 CODE ENFORCEMENT BOARD TERM REGULAR M~BERS POSITION FILLING TELEPHONE EXPIRES 01/14/2002 Mardn Bellsey Lay Person Home: 495-0709 1385 Bocci Court Delray Beach, FL 33445 01/14/2003 George Brewer RESIGNED 1/11/01 Subcontractor Work: 204 N. W. 9th Street Home: Delray Beach, FL 33483 01/14/2004 Lynn Gardner, Chair Business Person Work: 278-0300 101 Dixie Blvd. Home: 274-7276 Delray Beach, FL 33444 Fax: 243-3811 01/14/2003 Jay E. Hasner General Contractor Work: 272-t207 150 North Swimon//200 Home: 330-2801 Delray Beach, FL 33444 01/14/2003 Roger M. Simon, Vice Chair Real Estate Work: 393-8800 1 Harbourside Drive #3604 Home: 276-2728 Delray Beach, FL 33483 01/14/2004 Josh Smith, Jr. Engineer Home: 498-7220 3616 Avenue DeGien Delray Beach, FL 33445 01/14/2004 Dwight E. Stephenson Architect Work: 368-8621 4785 Tree Fern Drive Home: 637-5955 Delray Beach, FL 33445 Fax: 368-5621 ALTERNATES 01/14/02 VACANT Layperson 01/14/2004 Anthony Veltri Real Estate Person Home: 272-0252 2915C N.W. 12th St. Delray Beach, FL 33445 Contact: Norma Smith x 7213 board 2001 code enforcement CITY OF DELRAY BEACH " BOARD MEMBER APPLICATION t~¢ o~ pnnt the following Lrff. omlation: ,Name.: REZI~LY -BAI'I~R Home Ad(kess: 29'" o_, Salerno Way ~a~ F' i - Prmcip~l Business Address' lrat $o~_hern /~nk~ I $. Ocean Blvd.;_,~ll 5. Home Phone:(561) 699-3102 Jean Delta2 Beach 361-3484 Middle Initial Slate Zip Code FL 33445 S~:e Zip Code StaTe Zip Codc FL ~3432 ~,',a,d~s). _ . . ar= _you intererted in serving? Code ~uforcemen£ Board, ~ulsance Abatement Board or a~y Board where ~y extensive ' :,.~-~] I c ,,~' Boards on which you a~ currently serving o! have previously served: (Please include'date's) ~-l_$ance Abatement Board 1998 - present l,;:ago.a! qualifications: attached tastee. a',, ._ta~cd professional certil~cations al~d liccnses which you hold: _c~,sed ~'I Real Estate Broker. Licensed ~ (~ C~ity ~sociation ~ager)- iust obtained in 20~. yom ~esen~ or mo~ recent employer, ~d po~i6on' First Southern B~k, Vice ~esident, ~ Officer & Brach S~e~isor -'- F,..sc~ ,b~- ~xpedences, skills or knowledge which qualify you to serve on :his board: (Please attaoh a brief resume) i Ex~-~uslve daily, coiemtcation a~d interaction .v/th bank castanets f£oe a~l ~alks l ..... of life. ~aoage~enc o~ ~ank perso~mel for 30+ years. Oo~fortable speckling ir~ public. ,; t,~reb~,, cert;~ that al~ the above statements are true. and f agree and understand that any z,.-,:~t~=m,-_ ,vt of mater~al facts contained in th/$ application ma)/cause forfeiture upon my parr · '= '/aO;.,o,atmenr~[may. receive. . 1/26/01 DATE application will remain on file in thC-City Clerk's Offc'~"for a period of 2 years from the date it was suS,-mt~¢d It will be the applicant'~ ' ensur~ that a curzent application is on file. JAN 2 6 200t CITY CLERK TCITIqL F'. 02 2905 S~l~no Way Dsh'ay l~a~, FL ~344~ OVERVIEW Development for Commer~ Banks & Savin~ & Loan Associations; and Prior Peal Estate Sales. First Southerq Bank. Boca Raton. FL. Vice President~ Branch Supervisor of AiA branch and Commercial Lender - 8-95 ~o present. Have managed branch, established a team- Ol~Ttte4:[ ~ta~ chal~gl~[ d~Dos~t ffliX p~l' Seflior ]~fiagemetlt'$ illstflJ~t~on ~nrl dn,,hl~4 e;.. u£ loan port'foLio. ~ Boca R~_.zon, 1:1=, Vice President - 5/89 to 8/95. For last 1+ years established and managed MC/VISA Merchar~t Program and Credk Card Issuance Deparu'nem for bank. From 5/g9 to 6/94, was ]~ranch Manager ofthe Main Office responsible for daily operations, personnel, commercial and installment lending and business development, I was recruited for position by the Bank's Pre. silent because of my ! developed and serviced an $11.000.000 loan ponfollo fi'om prior custerners and ~eir refarrnlt eric1 met ~1 depoo~t Flaaler N~tional Bank, West Palm Beach, FL, Asst. V~ce laresid~! - '//84 to 5/89. Banking Center Manager of'Boca East o~ce, one Mock from A1A. Ropon~ble for business development, commercial and installment loans, banking center opemions and disse~on/'tmplementation ofpollc~es established by Senior Management. This position gave me the opportunity to develop a customer ba~e with private banking customers and sophi~catcd business owners. I worked with many professionab and high net worth individuals. My banking st~,le relates well to this clientele since I ~rn adept and c^l~ic,~-d tu ali aspects of tmnlang mcludin~ hot not limited to, investments, lending. counseling, etc. I develop close relationships with my customers and gain their respect and loyalty. N. ~ean B_dnlv- l~,e 2 Gould Reattv afFIoridt Inc.., Wdlington, FL. Sales ~mker - 3/81 to 6~4. Sold new homes and multi-family units in Wdling~m~ Sales record was $1,260,500 in 1981 (9 months); $2.480,500 in 1952.(#1 sal~sporson); and $.~,$32,$77 in 1953 (#1 salesperson): and SZ~46,202 in 1984 (6 months). 14ome Federal Savines & Loan Asst,. Palm B~h, FL, Asst. V'm~ Presi~ - 7/78 to ?~1. Managed largest branch ~t the ~ Bes~h Mall. Respon_~le f~r direct supervision of branch, mol-~a~e and installment loan activities, seouity and eomplianc, e. EDUCATION Windber, PA - High School (C~mmercial De~ree) - Honor Student Univ. of Central FL - Business Management School, 1980 Univ. of FI, Oainesville, FL - Florian School of Banking - Graduated in top 10/o of class in 1987. Real Estnte Salesman's License- 1980; Broker's Lioeme- 19~2 Personal and business available upon receipt. 2 lUll,IL 'HII-2~,-2F~01 0'.a: 2'0 FIF.'C_,T ~_-(II_ITHERII BHIII~ -' F'.0L 02 first ~omnern tmmt 1 South Ocean Blvd. Boca Raton, FL 33432 To: Pat Warren Faz~ ($61) 243-3'/74 Fro~: 1NI. Jean Heinly Dst.: January 26, 2001 Re: Updated Board Member Pnge~: 2 Application Notes: Thanks for submitting my applicalion for conskleration on a mom active board. I would enjoy being of sewice to my community and have a sinc~ interest in Deh-ay Belch's continued irnprov~ and BOARD MEMBER APPLICATION Plea.~e .type m' print the following information: Last Name: ~~_~flxx,/ Home .Address State Midcl~_ titi~d zi~c'~;~ Zip ('ode State Zih Co& Principa! Burrer'ss Address' City ~ Horn, p~,o~,. ,.56/- '7/~, - '455 1 "~Y~y~ - ~s ~ I 7, -]. bt al lC~,v--~ /~°a' d~ o. which you are cun'~tl~ ~e~ing o~ have previously se~ed (~ie~e inch,de dates') -b---L,.-i-.~:-];// la~.~d profess.mai certifications and licenses which you h.ld I ] O,-.~[Ye x,,ur prc,env, or most ro:e,t employer. ~.B..d posinon: .~ [ hereby cerD£y that all the above statements are true, and I agree and unOerstand that any / ~ ~sstate~ne~_~material facts containe~;{l~.~jE~Ol~.,~on may cause fo~eiture upon my part ~-~ JAN 2 52001 D*TFI -- ~--0 k x'~~ Cl~ CLERK { ~I.~te ~i~ application will rem~n on file ~ ~e Ciw Cl~k's Office for a ~fiod ~? 2 years from tlae date it wa~ .,~kr,,,' cd 1~ w~ll be the applicant's responsibili~ to emure that a cmtent applica~on is on file BE&CH CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Plea.~e ~ or prinl the following information: '1. Lpi Nime: 2. Home Addre~: Legal Rcsidcncc 5~t 4. Principal Business Address: 7o5 e~no W~Y 5. Home Phone' (SG ( ) ZR ~ ' Z. S64 '6. Wha! Board(s} are'~ou intercO{ed in serving? City Ci~ gtale '~tale Business Phone: (SGI) 7..76 Li.q all City Boards on ~'hich you are currentt~ serving or ha~e previously s~rved: (Please include dates) M~ddlc Inmal Zip Code ~$4q4 Zip Code Zip Code 8 Educa~onal qualifications: 9. Lis~ an} related professional certifications and licenses whkh you hold 10 Gi~e your pre~nL or mo~ ~nt employer, and ~skion: '1 I. Describe experiences, skills or knowledge which ~Uali~' you to serve on this board (Please attach a bt,el resume! ~ ~ereb~ ce~i~ that all the abo~e ~:atements are t~e, and ~ agr~ and un~er~ran~ that anF misstatement of material fa~s conta(n~ ~ this eppli~ion may cause ~ffeitu~ upon my pa~ of: any appointment .r may receive. SIGNATUFLE Nole: ! ¢? This apphcation will remain on ~e in the City Clerk's Office for a period of 2 yeari from the date n was submitted. It will be the applicant's responsibilil3.' to ensure that a current application is on file DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: l. Last Name:: Name Middle Initial Pot,ts, Jr. Willie 2. Home Address: City State Zip Code 636 Angler Drive Delray Beach FL 3. Legal Residence City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: 274-908? Business Phone~74_9087_ J Fax: 6. What Board(s) are you interested in serving? 7. List all Cit) Boards on which you are'currently serving or'have previo~sT~Ts-erVed: (Please indlu-de dates) ouL ' I $. Educational qualifications: (;~-D 9. List an)' related professional certifications and licenses ~,hich you h, gld: · 1,,2 10. Gix e )our presem, or most recent employer, and position: ?otts Lasm Maintenance i 1. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ! hereby certify that ail the above statements are true, a~d I agree a~d understand,that any rnisstaternent of material facts contained i~ this application may cause forfeiture upon my part of an./,appointrne, gt ! may receive. R E C E l V E D $]GN^TURE D^ TF_., CiTY cLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S CITYCL£RK.BO~.D APPLI¢ ATIO% .llllJlr CITY OF DELRAY BEACH qll'. BOARD MEMBER APPLICATION 1993 7. List all CiW Boirds On which"you ~,~ cU~ently serving or have previously s~'ved: (Please include da:es) Code Enforcement:, Board (Alt:ernate),, ,1/98 .... Board of Adjustment: List Ny related professional certificationS a~d licenses which you hold: I f. Describe expe~ces, skills or knowledie which qualif~ you. to serve on this _lx~ard: (Please much a bdefresume) misstatement of material Facts contained in this application may cause forFai~r~ upon my part of any appoi_.ntment ! may ~Ceive. RECEIVED ~ NOV 231999 ~ submitted. It will be the applicant's responsibility to ensure that a current application is on file. Agenda Item No.~./~. Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: Feb. 1, 2001 When: Feb. 6, 2001 Description of item (who, what, where, how much):Approval of the Subdivision Plat for Del Raton Park Replat No. 1. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Subdivision Plat for Del Raton Park Replat No. 1. Department head signature: 0~-Or-O/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Waterway Village file:s/engadmin/tac/ Waterway Village /ag020601.doc City Of Delray Beach Department of Environtnental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barton E. Caronite, PE, Assistant City Engineer~~~ February 1, 2001 Del Raton Park Replat No. 1 Please find an agenda request for Commission approval of the subdivision plat for Del Raton Park Replat No. 1 attached. This plat was previously approved by Commission at the January 16, 2001 Commission meeting. An access easement has been changed to an access tract that will function as a private road named "Delray Bay Drive". There are no other changes to the plat. The property is being subdivided into two lots: one for an Walgreen's drugstore and the other for apartments. The plat corresponds to the Waterway Village project located just south of Lindell Blvd. I have enclosed a location map and a reduced copy of the plat. If this meets with your approval, please place it on the Jcnucr; ~,,.,, ,.,,,,'~'"A, Commission meeting for Commission approval. Encl. File: cc: TAC: S:/engadmin/tac/waterway village/agmemo020601 .doc Randall Krejcarek, P.E., City Engineer Paul Dorling, Planning/Zoning Waterway Village I ' It I[ II MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~A~ AGENDA ITEM IOA ' - REGULAR MEETING OF FEBRUARY 6, 2001 ..ORDINANCE NO. 3-01 (MORATORIUM ON 24-HOUR BUSINESSES) FEBRUARY 2, 2001 This is second reading and the second public hearing for Ordinance No. 3-01 which would place a six month moratorium on 24-hour businesses in the Downtown Development Authority area within the General Commercial and Central Business (CBD) zoning chstticts. The proposed moratorium would prohibit the establishment of new businesses having operating hours between 12:00 midnight and 5:00 a.m., and would also prohibit existing businesses which do not currently operate during these hours from extending their operating hours within this time frame. The moratorium will not affect any existing businesses that currently operate between these hours. Further, Section 4 of the ordinance provides an exemption for hotels, motels, office uses, restaurants and cocktail lounges. The Downtown Development Authority's area is primarily along Atlantic Avenue, between 1-95 and the Atlantic Ocean. The moratorium has been requested by the West Aflanuc Redevelopment Coalition (WARC) to allow time to study the impacts of 24-hour businesses on adjacent residential uses, and the redevelopment effort. The WARC Board, the CRA Board and the Downtown Merchants Association (DMA) Board have all reviewed the proposed ordinance and recommend approval. The Downtown Merchant and Business Association considered the revised proposal from "24-hour convenience stores" to "24-hour businesses" on January 17th and voted unanimously to recommend approval. The Downtown Devdopment Authority considered the revised ordinance also on January 1Th and voted unanimously to recommend approval. The Planning and Zoning Board reconsidered the moratorium for 24-hour businesses on January '22"d and voted unanimously to recommend approval. At first reading on January 16th, the City Commission passed the ordinance by a vote of 4 to 1, with Commissioner Perlman dissenting. Recommend approval of Ordinance No. 3-01 on second and final reading. RefiAgmemol 40rd3-01.Moratormm 24-Hour Businesses ORDINANCE NO. 3-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTIONS 4.4.9(B), (C), (D), AND (G), AND BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTIONS 4.4.13(B), (C) AND (D) WITHIN THE DOWNTOWN DEVELOMENT AUTHORITY AREA AS MORE PARTICUARLY DESCRIBED HEREIN, BY PLACING A MORATORIUM ON BUSINESS USES OPENED FOR BUSINESS AT ANY TIME BETWEEN THE HOURS OF 12:00 A.M. (MIDNIGHT) AND 5:00 A.M. AND AS FURTHER DEFINED HEREIN, FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE IN THE GENERAL COMMERCIAL (GC) DISTRICT AND THE' CENTRAL BUSINESS (CBD) DISTRICT WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, business uses as defined herein and operating in the hours between 12:00 a.m. (midnight) and 5:00 a.m. located near residential uses and other business uses have particular impacts as it relates to noise, parking, littering and public safety; and WHEREAS, there are existing business uses as defined herein in the Downtown Development Authority Area that operate between the hours of 12:00 a.m. (midnight) and 5:00 a.m.; and WHEREAS, redevelopment is a priority goal in the Downtown Development Authority Area; and WHEREAS, to further redevelopment, the City believes that the location of business uses as herein defined needs study and review; and WHEREAS, the City needs a period of time to address the issue of whether business uses as defined herein that operate between the hours of 12:00 a.m. (midnight) and 5:00 a.m. in the Downtown Development Authority Area is in the best interest of the City and furthers the public health, safety and welfare of its citizens; and WHEREAS, the City, by enacting this moratorium on business uses as defined in this ordinance does not adopt security standards which are preempted to the state by Florida Statutes Section 812.1725; and WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041(c); and WHEREAS, nothing contained herein is intended to interfere with the operation of previously established business uses prior to the effective date of this ordinance except if the present business use extends the hours of operation as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsections 4.4.9(B), (C), (D) and (G) are hereby amended in the areas located in the Downtown Development Authority Area, to prohibit the establishment of business uses as defined in Section 4 for the moratorium period described in Section 5. Section 2. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsections 4.4.13(B), (C) and (D) are hereby amended in the areas located in the Downtown Development Authority Area, to prohibit the establishment of business uses as defined in Section 4 for the moratorium period described in Section 5. .Section 3. "A" hereto. That the Downtown Development Authority Area is described in Attachment Section 4. That for the purposes of this moratorium ordinance, the term "Business Use(s)" as used herein is defined as: Any newly established place of business that is not a hotel or motel or office use or is not solely or primarily a restaurant or cocktail lounge that is open for business at any time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. The term "business use" also includes any existing business use(s) that is not a hotel or motel or office use or is not solely or primarily a restaurant or cocktail lounge that was not previously open for business at any time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. that extends its hours by opening for business at any time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. 2 ORD. NO, 3-01 oo Section 5. The moratorium provided for herein shall be for a period of six (6) months from the date of adoption in this ordinance. Section 6. That should any section or provision of this ordinance, or any portion theredf, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. Section 6. That this ordinance shall become effective upon adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2000. ATTEST: MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 3-01 AT'TACHN,ENT "A" ill LU Z DOWNTOWN DEVELOPMENT AUTHORITY City Of Delray Beach, Florida January 22,2001 Mr. David T. Harden, City Manager City of Delray Beach 100 N.W. lS~ Avenue Delray Beach, FL 33444 Re: Moratorium on 24 Hour Businesses in the Downtown Development Authority Area within the General Commercial and Central Business District. Dear Mr. Harden: This is to inform you that the Downtown Development Authority at their Board meeting of January 17, 2001, voted unanimously to recommend approval of the above subject ordinance Thank you for your consideration of this proposed ordinance. Sincerely, FRANK WHEAT, Chairman cc: Robert A. Barcinski Paul Dorling 64-A S.E. Fifth Avenue, Delray Beach, Florida 33483 ® (561) 278-0424 · Fax (561) 278-0555 A Florida Main Street Community January 22, 2001 Mr. David T. Harden, City Manager City of Delray Beach 100 N.W. l't Avenue Delray Beach, FL 33444 Re: MORATORIUM ON 24-HOUR BUSINESSES IN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA WITHIN THE GENERAL COMMERCIAL AND CENTRAL BUSINESS DISTRICT Dear Mr. Harden. The Downtown Merchant and Business Association at their Board meeting of January 17, 2001 recommended approval for the above captioned subject. Board Member Nancy Liede moved that we support the moratorium on business uses, as presented to our members this date by Paul Doding, Planning and Zoning Director. This motion was seconded by Rich McGIoin. All members were in favor. Recommendation was approved unanimously. Thank you for your consideration of this proposed ordinance. Sincerely, DAVID COOK, Chairman /sk cc: Robert A. Barcinski Paul Dorling DELRAY B EACH JOINT VENTURE · Community Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Development Authority 64 S E Fifth Avenue, Delray Beach, FL 33483 · Tel 561-279-1384 · 561-278-0555 DELRAY BEACH December 4, 2000 David T. Harden City Manager 1{30 NW 1 ~ Avenue Delray Beach, Florida 33444 RE: Moratorium on New 24-hour Retail Convenience Stores--West Atlantic Avenue Redevelopment Area Dear David, On Thursday, November 30, 2000, the CRA held a joint workshop with the West Atlantic Redevelopment Coalition and the Downtown Development Authority, primarily for the purpose of discussing problems that have been experienced with the 24-hour convenience stores on West Atlantic Avenue. Th~ boards heard from police captain Will Mc'Collom regarding cdm[nal activity that is occurring at or near these stores in the late hours, and discussed the impact that these activities have had on nearby residents. Board members expressed concern over the potential that at least one more market on the avenue may change to a 24-hour format in the near future. The boards discussed the idea of the City enacting a 6-month moratorium on the establishment of any new 24-hour retail convenience stores, in order to allow sufficient time for the problem to be analyzed and addressed. Due to the fact that this discussion took place at a workshop, no formal action could be taken. However, it was dear that the overwhelming consensus of the members present was to urge the City Commission to adopt such a moratorium as soon as possible. The members realize that a moratorium is a serious measure that is not to be taken lightly, however, they felt that the continuing negative impact of these establishments warrant this action. The boards intend to follow up on their discussion with formal action at their next meetings. Thank you for your consideration of this request. Please advise me if there is anything that we can do to assist in this matter. Sincerely, _ ', ~ Diane Dominguez, AICP Executive Director c: David Schmidt, Mayor John Weaver, Chairman, CRA Lamar Shuler, Chairman, WARC Frank Wheat, Chairman, DDA Susan Ruby, City Attorney 24 North Swmton Avenue · DeLray Beach, Florida 33,444 $61-276-8640 · Fax 56]-276-~558 ,Fi ,ES~ O. LUTION ~OOO- ~ A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH RECOMMENDING TO THE CITY COMMISSION OF THE CITY OF DELRAY BEACH THE ADOPTION OF A TEMPORARY MORATORIUM PROHIBITING THE ESTABLISHMENT 13F 24-HOUR BUSINESSES ON WEST ATLANTIC AVENUE; TO AFFORD AN OPPORTUNIT~ TO STUDY POTENTIAL FOR LONG-TERM SOLUTION. WITNESSETH: WHEREAS, the City of Delray Beach Police Department together with citizens within the West Atlantic Avenue redevelopment area have presented to the Community Redevelopment Agency of the City of Delray Beach (the "CPA") a request to support a community request to the City Commission of the City of De]ray Beach to adopt a temporary moratorium prohibiting the establishment of additional 24-hour businesses on West Atlantic Avenue in order to allow an adequate opportunity to study the alternatives for a permanent solution to the disruption to the surrounding neighborhoods caused by such businesses NOW, THEREFORE, BE IT RESOLVED THAT: The CPA, in furtherance of its efforts to redevelop the West Atlantic Avenue area, eliminate slum and blight, and preserve and supplement the tax base within its area, hereby requests the City of Delray Beach City Commission to adopt a temporary moratorium prohibiting the opening of additional 24-hour businesses on West Atlantic Avenue in order to afford an opportunity for the City of Detray Beach and all related parties to study and pursue alternatives for a long-term solution to the problems and negative influences sLJch businesses are presenting within such area. RESOLVED this 14;'~ day of December, 2000, by a vote of ~ to _C'~. · .Dec t5 O0 01: £'2p p.2 DEL[LAY BEACH December 15, 2000 Mr. David Harden City Manager I00 NW 1~ Avenue Delray Beach, FL 33444 RE: Moratorium on New 24-hour Retail Stores - West Atlantic Avenue Redevelopment Area Dear Mr. Harden, The West Atlantic Redevelopment Coalition, Inc at its most recent meeting, Wednesday, December 13, 2000, voted to support a six month moratorium on 24 hour businesses. The local business people are committed to the redevelopment oI tins area and recognize the time and planning effort needed to make long term improvements. Many communhy members have expressed their dismay over the criminal activities that take place in the vicinity of some of these establishments. The joint meeting of the CRA/W~C~DA allowed a review of the impediments to redevelopment on Atlantic Ave. Board members have expressed concern over the potential that at least one more market may change to a 24 hour format in thc near future. The WARC Board feels that a six month moratorium may allow enough time to sufficiently review and analyze the problem, thereby developing a long term solution. Board members understand the seriousness of the moratorium and hope this will aid in the redevelopment of the West Atlantic Avenue Corridor. West Atlantic Coordinator CC: David Schmidt, Mayor Lamar Shuter, Chairman, WARC John Weaver, Chairman, CRA Frank Wheat, Chairman, DDA Susan Ruby, City Attorney 24 North Swmton Avenue · Dclray Beach, Florida 334-~-4 561-276-8640 · Fax 561-276-8558 ' I - - - EXPANDED D.D.A. .... 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O Beginning at a point on the intersection of the High Water Mark of the Atlantic Ocean and the easterly projection of the north line of the south half of Lot 13, Plat of the Fractional East Half Section 16, Township 46 South, Range 43 East (according to the plat thereof as recorded in Plat Book 1, page 25 of the Public Records of Palm Beach County, Florida); thence in a westerly direction along said easterly projection, and the north line of the south half of said Lot 13, and the ,westerly proiection thereof, to the centerline of the right of way for Andrews Avenue; thence southerly along said centerline to the easterly projection of the south property line of the Beach Cabanas Condominium Condo; thence westerly along said easterly projection, and said south property line to the west property line of the Beach Cabanas Condominium; thence northerly along the west property line of said Beach Cabanas Condominium to the south property line of the Grove Condominium; thence westerly along said south prol2ert¥ line to the east plat limit of Seabreeze Park Subdivision (according to the plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Palm Beach County, Florida); thence north along said east plat limit to the northeast corner of Lot 21, of said Plat of Seabreeze Park; thence westerly along the 1 21 22 23 north line of said Lot 21 and the westerly projection thereof to the west plat limit of Seabreeze Park; thence southerly along said west plat limit to the southeast corner of Lot 29, Lowry Park Estates (according to the plat 24 thereof as recorded in Plat Book 24, Page 25 Palm Beach County, Florida); thence in a 156 of the Public Records of northwesterly direction to the 26 southwest corner of said Lot 29; thence continuing along the extension of 27 said line to the intersection with the west right of way line of East Road (as 28 shown on the said plat of Lowry Park Estates); thence southwesterly along 29 said west right of way line to the northeast corner of Bart Terrace 30 Condominium Condo; thence southerly along the east property line of the 31 Bart Terrace Condominium Condo and the southerly extension thereof to a 32 point of intersection with the south right of way line of East Atlantic Avenue 33 (also known as State Road 806); thence westerly along said south right of 34 way line of East Atlantic Avenue to the intersection of the centerline of the 35 Intracoastal Waterway right of way; thence northerly along said centerline 36 of the Intracoastal Waterway to the intersection with the easterly projection 37 of the centerline of N.E. 1st Street right of way; thence westerly along said 38 easterly projection, and e¢ the centerline of N.E. 1st ! !th Street right of way 39 to a point of intersection with the southerly projection of the west line of Lot 40 20, Block 115, Town of Linton (according to the plat thereof as recorded in -2- 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); thence northerly along said southerly projection of the west line of s. aid Lot 20 to the southwest corner of said Lot 20; thence northerly along the west lot lines of Lots 20, 19, 18, 17, 16, 15, 14, 13, 12, and 11 of said Block 115 to the northwest corner of Lot 11, of said Block 115; thence northerly along the northern projection of the west line of said Lot 11 to the southwest corner of Lot 20, Block 114, sa~d plat of the Town of Linton (-""'""'~"'-' *'-' the "~* the~ef...."~' ,-"""-'~"~......, ...... ~n P!at ~'-'"~'.......,. ~, Page .. '~ ''~,., the, pu~i....,,.. ..~ D~,.,, ~.~-..-~, r',.,,.,+,, ~..~;.~. thence northerly along the west line of Lots 20, 19, 18, 17, 16, 15, 14, 13, 12 and Lot 11 of said Block 114, tothe northwest corner of Lot 11, of said Block 114; thence northerly along the northern projection of the west line of said Lot 11 to the southwest corner of Lot 14, Block 113, Highland Park (according to the plat thereof as recorded in Plat Book 2, Page 79 of the Public Records of Palm Beach, Florida); thence northerly along the west line of Lots 14, 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and I of said Block 113 to the northwest corner of Lot 1, of said Block 113; thence northerly along the northern projection of the west line of said Lot 1 to the intersection with the centerline of the right of way of N.E. 4th Street; thence westerly along said centerline of N.E. 4th Street to the centerline of the right of way of N.E. 1st Avenue; thence -3- 61 southerly along said centerline of N.E. 1st Avenue to the intersection with 62 the centerline of the right of way of N.E. 3rd Street; thence easterly along 63 said centerline of N.E. 3rd Street to the intersection of the northern 64 projection of the east property line of Lot 1, Block 74, plat of the 65 Subdivision of Block 74 (accordinq to the plat thereof as recorded in Plat 66 Book 11, Pa,qe 12 of the Public Records of Palm Beach, Florida); thence 67 southerly along said .projection. to the northeast corner of Lot 1 of said plat 68 of the Subdivision of Block 74; 7 thence southerly along the east line of 69 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, and the southerly projection of 70 the east line of Lot 12 of said plat of the Subdivision of Block 74 to the 71 northeast corner of Lot 1, Block 75, said plat of the Town of Linton; thence 72 southerly along the east line of Lots 1, 2, 3, 4, 5, and 6, said Block 75, to 73 the northeast corner of Lot 7 of said Block 75; thence westerly along the 74 north line of Lot 7, Block 75 and the westerly projection of said north line of 75 Lot 7, Block 75, to the centerline of the N.E. 1st Avenue right of way; 76 thence southerly along said centerline of N.E. 1st Avenue right of way to its 77 intersection with the centerline of N.E. 1st Street; thence westerly along 78 said centerline of N.E. 1st Street to the intersection with the centerline of 79 the Swinton Avenue right of way and N.W. 'lst Street; thence in a 80 westerly direction alon_~ the centerline of N.W. 1st Street to a point of -4- 81 intersection with the centerline of N.W. 3rd Avenue; thence in a 82 83 84 85 86 87 88 89 90 91 92 93 94 95 southerly direction alonq the centerline of N.W. 3rd Avenue to a point of intersection with the easterly extension of the north lot line of Lot 6, Revised Plat of Block 36~ Plat Book 5, .PaRe 38, as recorded in the public records of Palm Beach County.= Florida; thence in an westerly direction along said extension, and the north line of said Lot 6, and the westerlY extension thereof, to .a. point of intersection with the centerline of the north/south alley of said Revised Plat of Block 36; thence in a northerly direction alonq said centerline to a point of intersection with the easterly extension of the south line of Lot 21, of said Revised Plat of Block 36; thence in a westerly direction alonR said extension line, and the south line of said Lot 21, and. the westerly extension thereof, to a point of intersection with the centerline of N.W. 4th Avenue; thence in a northerly direction alon.q said centerline to a point of intersection with the centerline of N.W. 1st Street; 96 97 98 99 100 thence in a westerly direction alonR the centerline of N.W. 1st Street to a point of intersection with the southerly extension of the centerline of the north-south alley of Block 27, said plat of the Town of Linton (north half of block has since been replatted to the Plat of Resubdivision of Block 27, Plat Book 21, pare 43, as recorded in the -5- 101 102 103 104 Public records of Palm Beach County, Florida); thence in a northerly direction alonq said extension line, and said centerline of the north- south alley, and the northerly extension of said centerline to point of intersection with the centerline of N.W. 2nd Street; thence in a 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 westerly direction alon.q the centerline of N.W. 2nd Street to a point of intersection with the northerly extension of the west line of Lot.. 1, Plat of Melvin S. Burd Subdivision, Plat Book 11, Pa.qe 73. as recorded in the public records of Palm Beach County, Florida; thence in a southerly direction along said extension, and west lot.lines of Lots 1, 2~ 3, 4, 5, 6, 7~ and 8, said Plat of Melvin S. Burd Subdivision, to a point at the south west corner of said lot 8; thence in a westerly direction alon.q the westerly extension of the south line of said Lot 8, and the south line of Lot 16, said Plat of Melvin S. Burd Subdivision, to a point of intersection of a line 135 feet east of and parallel with, the west line of Block 19, said plat of the Town of Linton; thence in a southerly direction .al.0n.cl said parallel line to a point of intersection with a line 135 feet north of and parallel with, the south line of said Block 19; thence in a westerly direction alonq said line to a point of intersection with a line 165 feet west of and parallel with, the east line of said Block 19; thence in a southerly direction alon.q said line, and -6- 121 122 123 124 125 126 127 128 129 130 131 132 133 134 southerly extension thereof, to a point of intersection with the centerline of N.W. 1st Street: thence in a easterly direction alon.q said centerline to the point of intersection with the northerly extension of a line 135 feet east of and parallel with, the west line of Block 20, said plat of the Town of Linton: thence in a southerly direction alon.q said extension and parallel line to a point of intersection with a line 300 feet south of and parallel with. the north line of said Block 20; thence in westerly direction along said parallel line to a point of intersection with the west line of said Block 20; thence in a westerly direction to a point at the southeast corner of Lot 17, Block 12, of the Plat of the Monroe Subdivision, Plat Book 14, Pa.qe 67, as recorded in the public records of Palm Beach County, Florida; thence in westerly direction alon.q the south line of said Lot 17, and westerly extension thereof, to a point of intersection with the centerline of the north-south alley of 135 136 137 138 139 140 said Block 12, Monroe Subdivision; thence in a northerly direction alon.q said centerline to a point of intersection with the easterly extension of the north line of Lot 26, of said Block 12~ Monroe Subdivision; thence in a westerly direction along said extension, and north line of said Lot 26, and westerly extension thereof, to a point of intersection with the centerline of N.W. 7th Avenue; thence in a -7- 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 southerly direction alonq said centerline to a point of intersection with the easterly extension of the south line of Lot 17, Block 4. said Plat of Monroe Subdivision; thence in a westerly direction along said extension, and the south line of said Lot 17, and the westerly extension thereof, and the south line of Lot 26 and 25, Block 4, said Plat of Monroe Subdivision. and the westerly extension of said Lot 25 to a point of intersection with the centerline of N.W. 8th Avenue; thence in a northerly direction alonq said centerline to a point of intersection with the easterly extension of the south line of the Plat of West Side Heights, Plat Book 13, Page 61, as recorded in the public records of Palm Beach County, Florida: thence in an westerly direction along said extension, and the south line of said Plat of West Side Heights, and the westerly extension thereof, to ihtersection with the centerline of N.W. 10th Avenue; a point of thence in a southerly direction along said centerline to a point of intersection with the easterly extension of the north line of Lot 11, Block 2, Plat of Atlantic Pines, Plat Book 13, Page 77, as re.corded in the public records of Palm Beach County, Florida; thence in a westerly direction along said extension, and the north line of said Lot 11, and the westerly extension of the north line of said Lot 11, and the north line -8- 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 of Lot 30, of said Block 2, and the westerly extension of the north line of Lot 30 to a point of intersection with the centerline of N.W. 11th Avenue; thence in an westerly direction to a point at the northeast corner of Lot 14, Block 1, said Plat of Atlantic Pines; thence in a westerly direction alonq the north line of said Lot 14, and the westerly extension thereof to a point of intersection with the centerline of the north-south alley in Block 1, said Plat of Atlantic Pines; thence in a southerly direction along said centerline to a point of intersection with the easterly extension of the north line of Lot 34, of said Block 1; thence in a westerly direction alonq said extension, and the north line of said Lot 34, and the westerly intersection with the centerline of extension thereof, to a point of N.W. 12th Avenue; thence in a southerly direction along said centerline to a point of intersection v~ith the easterly extension of the south line of Lot 21, Block 1, Plat of Atlantic Park Gardens, Plat Book 14, Pa.qe 56, as recorded in the public records of Palm Beach County, Florida; thence in a westerly direction alon.q said extension, and south line of said Lot 21, and westerly extension thereof, and the south line of Lot 12, Block 1, said Plat of Atlantic Park Gardens, and the westerly extension thereof, to a point of intersection with centerline of N.W. 13th Avenue; thence in a -9- 181 182 183 184 185 186 187 188 189 190 191 192 193 194 westerly direction to a point at the southeast corner of Lot 12, Block 1, Plat of Odmanns Subdivision, Plat Book 4, Pa.qe 53, as recorded in the public records of Palm Beach County, Florida; thence in a westerly direction along the south line of said Lot 12, and the westerly extension thereof, and the south line of Lot 21, Block 1, said Plat of Odmanns Subdivision, to a point at the southwest corner of said Lot 21; thence in a southerly direction to a point at the northwest corner of Lot 21, Block 4, said Plat of Odmanns Subdivision; thence in a easterly direction alonq the north line of said Lot 21, and the easterly extension thereof, and the north line of Lot 12, said Block 4, and the easterly extension thereof, to a point of intersection with the centerline of S.W. 13th Avenue; thence in a easterly direction to a point at the northwest corner of Lot 12, Block 2, ~aid Plat of Atlantic Park Gardens; thence in a easterly direction 195 196 197 198 199 2OO alon_cl the north line of said Lot 12, and the easterly extension thereof, and the north line of Lot 21, of said Block 2, and the easterly extension thereof, to a point of intersection with the centerline of S.W. 12th Avenue; thence in a southerly direction alonq said centerline to a point of intersection with the westerly extension of the south line of Lot 13, Block 5, Plat of Atlantic Gardens, Plat Book 14, Page 63, as -10- 201 202 203 204 2O5 206 207 208 209 210 211 recorded in the public records of Palm Beach County, Florida; thence in a easterly direction along said extension, and the south line of said Lot 13, and..easte, rly extension thereof, and the south line of Lot 22, and the easterly extension thereof, to a point of intersection with centerline of S.W. 11th Avenue; thence in a southerly direction alonq said centerline to a point of intersection with the westerly extension of the south line of Lot 15, Block 8, said .Plat of Atlantic Gardens; thence in a easterly direction along said extension, and the south line of said Lot 15, and the easterly extension thereof, and the south line of Lot 24, of said Block 8, an.d .th.e easterly extension thereof, to .a point of intersection with the centerline of S.W. 10th Avenue; thenc.e 212 213 214 215 216 217 218 219 220 in a easterly direction to a point at the southwest corner of Lot 10, Block 1, Plat of Belair Heiqhts, Plat Book 20, Pa_cie 45, as recorded in tl~e public records of Palm Beach County, ..Florida; thence in a easterly direction along the south line of said Lot 10, and the easterly extension thereof, and the south line of Lot 19, of said Block l~.and the easterly extension ther. e0f, to a point of intersection with the centerline of S.W. 9th Avenue; thence in a southerly direction alonq said centerline to a point of intersection with the westerly extension of the south line of Lot 6, Block 2, said Plat of Belair Heights; thence -11 - 221 222 223 224 225 226 227 228 in a easterly direction alonq said extension, and the south line of said Lot 6, to a point at the southeast corner of said Lot 6; thence in a northerly direction alon.q the east line of said Lot 6, and Lot 5, to a point of intersection with a line.250 feet north of, and parallel with, the south line of Lot 9, Plat of the Subdivision of 17-46-43, Plat Book 1, Pa.qe 4, as recorded i.n the public records of Palm Beach County, Florida; thence in a easterly direction along said line to a point of intersection with the centerline of S.W. 8th Avenue; thence in a 229 23O 231 232 233 234 235 236 237 238 239 240 southerly direction alon.q said centerline to a point of intersection with the westerly extension of the south line of Lot 16, Block 5. Plat of the Subdivision of Block 5, Plat Book 21, PaRe 43, as recorded in the public records of Palm Beach County, Florida; thence in a easterly direction along said extension, and the south line of Lot 16 and Lot 25, of said Block 5, and the easterly extension of the south line of said Lot 25, to a point of intersection with the centerline of S.W. 7th Avenue; thence in a easterly direction to the point of intersection of a line 385 feet south of, and paral!e! with, the north line Bloc.k 132 said Plat of the Town of Linton, and the west line of said Block 13; thence in a easterly direction, along said parallel line to a point of intersection with a line.135 west. of, and parallel with, the east line of said Block -12- 241 242 243 244 245 13; thence in a northerly direction along the directly aforementioned )arallel line to a point of intersection with a line 250 feet north of, and )arallel with, the south line of said Block 13; thence in a easterly direction alonq the directly aforementioned parallel line to a point of intersection with the centerline of S.W. 6th Avenue; thence in a 246 247 248 249 northerly direction along said centerline to a point of intersection with a line ,290 ..north of, and parallel with, the south line of Block 21, said Plat of the Town of Linton; thence in a easterly direction alonq said parallel line to a point of intersection with a line 135 feet east of, and 250 251 252 253 254 255 256 257 258 259 260 parallel with, the west line of said Block 21: thence in a southerly direction, along directly aforementioned parallel line to a point of intersection with the centerline of S.W. 1st Street; thence in a easterly direction along said centerline to a point of intersection with the southerly extension of the west line of Lot 27, Block 29, Plat of the Resubdivision of Blocks 29 & 37, Plat Book 9, Page 66, as recorded in the public records of Palm Beach County, Florida; thence in a northerly direction alonq said extension, and the west line of Lots 27, 26, 25, 24, 23, 22, 21, 20, 19, 18, 17, 16, 15, 14 (all in said Block 29), to a..point at the northwest corner of said Lot 14; thence in a easterly direction al.on.q the north line of said Lot 14, and easterly extension -13- 261 thereof, to a point of intersection with the centerline of S.W. 4th 262 263 Avenue; thence in a southerly direction alonq said centerline to a point of intersection with the centerline of S.W. 1st Street; thence in a 264 265 easterly direction alon.q the centerline of S.W. 1st Street to a point of intersection with the centerline of S.W. 3rd Avenue; thence in a 266 267 268 269 27O 271 272 273 southerly direction along the centerline of S.W. 3rd Avenue to a point of intersection with the westerly extension of the south line of the Plat of Palm Beach County South County Judicial Center, Plat Book 6....0.., Page 124, as recorded in the public records of the Palm Beach County, Florida; thence in a easterly direction alonq said extension, and the south line of said Plat of Palm Beach County South County Judicial Center, and easterly extension thereof, to intersection with the centerline of S.W. 2nd Avenue; a point of thence in a 274 275 276 277 278 279 28O northerly direction alon_cl said centerline to a point of intersection with the centerline of S.W. 1st Street; thence in a easterly direction alon_q the centerline of S.W. 1st Street to a point of intersection with the centerline of S.W. 1st Avenue; thence in a northerly direction along the centerline of S.W. 1st Avenue to a point of intersection westerly extension of the of the south line of Lot 1. Block 61~ said Plat of the Town of Linton; thence in a easterly direction alonq said extension, -14- 281 282 283 284 285 286 287 288 289 29O 291 292 293 294 295 296 297 298 299 3OO and the south line of Lots 1, 2, 3, 4, said Block.61, and the easterly extension of said Lot 4~ to a,,point of intersection with the centerline of Swinton Avenue: thence southerly along said centerline of Swinton Avenue to its intersection with the westerly projection of the north line of Lot 7, plat of the Subdivision of Block 69, Plat Book 2, Pa.qe ,43, as. recorded in the public records of Palm Beach County, Florida; thence easterly along said westerly projection to the northwest corner of said Lot 7 Ble~-68;; thence east along the north line of said Lot 7, B!cck ~9, to the northeast corner of said Lot 7, 9!cck ~9; thence easterly along the westerly projection of the north line of Lot 24, said plat of the Subdivision of Block 69, to the northwest corner of said Lot 24, 9!cck ~9; thence easterly along the north line of said Lot 24-r-1~.~<-6~, to the northeast corner of said Lot 24; thence easterly along the eastern projection of the north line of said Lot 24,--~e.sk-6~, to the intersection with the centerline of the right of way of S,E.. H.E, 1st Avenue; thence southerly along said centerline of S.E.N.E. 1st Avenue to the intersection with the centerline of the right of way of S.E. 2nd Street; thence easterly along said centerline of S.E. 2nd Street to the intersection of the northerly projection of the west line of Lot 2, Roebucks Resubdivision of Block 103 (according to the plat thereof as recorded in Plat Book 2, page 19 of the Public Records of Palm Beach County, -15- 301 3O2 303 304 3O5 306 307 308 309 310 311 312 313 314 315 316 317 318 319 32O Florida); thence southerly along said the northerly projection of the sa~d west line of said Lot 2 to the northwest corner of said Lot 2; thence southerly along the west line of Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12 of said Roebucks Resubdivision of Block 103 to the southwest corner of said Lot 12; thence southerly along the south projection of the west line of said Lot 12 to the intersection with the centerline of the right of way of S.E. 3rd Street; thence easterly along said centerline of S.E. 3rd Street to the southerly projection of the west line of Lot 13, Gracey-Byrd Subdivision of Block 119 (according to the plat thereof as recorded in Plat Book 10, Page 52 of the Public Records of Palm Beach County, Florida); thence northerly along said southerly projection of said Lot 13 to the southwest corner of said Lot 13; thence northerly along the west lot line of Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, of said plat of Gracey-Byrd Subdivision to the northwest corner of Lot 24, of said Gracey-Byrd Subdivision; thence northerly along the northern projection of the west line of said Lot 24 to the southwest corner of Lot 12, subdivision of Block 118 (according to the plat thereof as recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida); thence northerly along the west lines of Lots 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1, of said subdivision of Block 118 to the northwest corner of Lot 1 of said subdivision of Block 118; thence northerly -16- 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 along the northern projection of the west line of said Lot 1 to the southwest corner of Lot 24, Block 117, said plat of the Town of Linton /~'-"-,-~-,- +,- thg "~"+ +~'"~"~ ~* ~......~..,4 in Plat -'~:.., P2!m .......~,~"~"~', r-..,,,.+,,......., ,-¢, ,~"-;'~'~',.., ,....,, thence northerly along the west line of Lots 24, 23, 22, 21, 20, and 19 of said Block 117, to the southwest corner of Lot 18 of said Block 117; thence easterly along the south north line of said Lot 18, and easterly projection thereof, to the east right of way line of S.E. 7th Avenue; thence northerly along the east right of way line of S.E. 7th Avenue to the northwest eeC.-hwe~ corner of Lot 12, Palm Square, an unrecorded plat located in Block 125 and the north half of Block 133, said pi ' at of the Town of Linton ~'-""'--a;-,- thence easterly along the north eeut~ lot lines of Lots 12, 43, 59, and 90 of said unrecorded plat of Palm Square, and easterly proiection of the north line of said lot 90, to the point of intersection with the east right of way I. in.e of the Intracoastal Waterway; thence southerly along the east right of way line of the Intracoastal Waterway to the southwest corner of the Waterway East Commercial Condominium Condo property; thence easterly along the south line of said property and act easterly extension thereof to the southwest corner of Lot A, John B. Reid's Village Subdivision (according to -17- 341 342 343 344 345 346 347 348 349 35O 351 352 353 354 355 356 357 358 359 360 the plat thereof as recorded in Plat Book 21, Page 95 of the Public Records of Palm Beach County, Florida); thence easterly along the south line of said Lot A, to a point on the southeast corner of said Lot A; thence in a northerly direction along the west line of Lot 7, Block C of said plat of John B. Reid's Village Subdivision to the northwest corner of said Lot 7; thence easterly along the north line of said Lot 7, to the northeast corner of said Lot 7; thence southerly along the east line of said Lot 7 to the southeast eeCCw~ corner of said Lot 7; thence in an easterly direction ~t,,,.,,, th~ "'~*~'1" "'"I""+I"" cf the ~"' '*~- I;'-~ of ~o~ ~ "* 7 to the southwest corner of Lot 8, Block 4, Ocean Park Subdivision, (according to the plat thereof as recorded in Plat Book 5, Page 15 of the Public Records of Palm Beach County, Florida); thence easterly along the south line of said Lot 8 to the southeast ¢~,ut-hwe~ corner of said Lot 8; thence in a northerly direction along the east line of Lots 8, 7, and 6, to the northeast corner of said Lot 6 (being in Block 4, Ocean Park Subdivision, as recorded in Plat Book 5, Page 15 of the Public Records of Palm Beach County, Florida); thence easterly to the southwest corner of Lot 8, Block 3 of said Ocean Park Subdivision; thence easterly along the south line of said Lot 8 to the southeast corner of said Lot 8; thence northerly along the east line of said Lot 8 and Lot 7 to the northwest corner of Lot 24, Block 3 of said Ocean -18- MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER.,, ' ~ AGENDA ITEM [0.l~ - REGULAR MEETING OF FEBRUARY 6, 2001 ORDINANCE NO. 4-01 (MODIFYING THE PARKING REQUIREMENTS FOR RESTAURANTS IN THE ORIGINAL DDA AREA) JANUARY 30, 2001 This is second reading and the second public hearing for Ordinance No. 4-01 wluch modifies the parking reqmrement for restaurants m the original Downtown Development Authority 0DDA) area. The proposed change ~s to increase the reqmrement from one space per 300 square feet of floor area to slx (6) spaces per 1,000 square feet. This represents an increase of 2.67 spaces per 1,000 square feet. The proposed text amendment was generated by a recommendatton from the Parking Management Advisory Board. The Downtown Development AuthoritT, the West Atlantic Redevelopment Coalition and the Commumty Redevelopment Agency al/remewed the proposal and recommended approval of the increased parking reqmrement for restaurants m the original DDA portion of the Central Business Dsstfict. The Planning and Zoning Board held a pubhc hearing on November 20, 2000 concerning the proposed change and voted 5 to 1 to recommend that st be approved. At fzrst reading on January 16th, the Csty Comm2ss~on passed the ordinance by unammous vote. Recommend approval of Ordinance No. 4-01 on second and final reading. RefiAgrnemol40rd4-01 Restaurant Parking 2nd Reading City Commission Documentation Meebng of December 12, 2000- Parking Requirements Page 2 West Atlantic Redevelopment Coalition (WARC): The West Atlantic Avenue Redevelopment Area includes 2 blocks w~thin the OSSHAD district which would be affected by the elimination of the one-time one space parking reduction. The Board reviewed the proposal at its meebng on November 8, 2000. The Board d~d not support the proposal to ehminate the one-bme, one space reduction since it would negatively affect small redevelopment projects. Community Redevelopment Agency (CRA): The CRA reviewed the proposed amendment at its meeting of November 9, 2000. The Board recommended approval of the increase in parking requirements for restaurants in the original DDA portion of the CBD. The Board felt that this would level the playing field and encourage restaurants to locate in other locations in the CBD and OSSHAD, such as Pineapple Grove. The Board did not support the elimination of the one-time, one space parking reduction, since this would negatively affect small redevelopment projects Pineapple Grove Main Street: To proposed amendment was submitted to Pineapple Grove Main Street for review and comment. The Committee did not formally review the proposal. Planning & Zoning Board: The Planning and Zoning Board held a public hearing on the proposed amendments at its meeting of November 20, 2000 Bruce Gimmy and Bernie Dahlem (Parking Management Advisory Board) spoke in favor of the proposed amendments stating that the current parking requirements for restaurants is too Iow They also emphasized that additional retail is needed downtown and that restaurants should be encouraged to locate in other redevelopment areas Bruce Gimmy stated that the one time one space reduction is no longer needed to encourage redevelopment and should be eliminated. After discussion, the Board recommended approval of the proposed amendment to increase the parking requirement for restaurants m the original DDA area to 6 spaces per 1,000 square feet by a vote of 5 to 1 (B~rd absent and Morris dissenting). The Board made a second motion to deny the proposed amendment to eliminate the one time one space parking reduction. The mobon failed on a vote of 3 to 3. RECOMMENDED ACTION By motion, approve on first reading a text amendment to Land Development Regulations (LDRs) Section 4.4.13(G)(1)(a) Parking, Supplemental District Regulations for the Central Business District increasing the parking requirements for restaurants in the original DDA area to 6 spaces per 1,000 square feet, based upon the findings and recommendabon of the Planning & Zoning Board. By motion, deny on first reading a text amendment to Land Development Regulations (LDRs) Sections 4.4.13(G)(1)(b) Parking, Supplemental Regulations for the Central Business D~stnct and Section 4 4.24(G)(6) Supplemental District Regulations for the Old School Square Historic Arts District, eliminating the one-time one space parking reduction. Attachments: · Proposed Ordinances · Planning & Zoning Staff Report s \planning & zomng\boards\c~ty commiss~on\ldr restaurant parking ~n cbd doc printed 12/7/00 Planning & Zomng Memorandum Staff Report Text Amendment for Restaurant Parking ~n CBD & One Time One Space Parking Reduction Page 2 Downtown development activity has remained strong over the last year. New office and residential projects have been approved and several new restaurants have opened on the Avenue. At its meeting of August 22, 2000, the Parking Management Advisory Board reviewed the restaurant parking issue again and requested that staff prepare draft changes to the Land Development Regulations to increase the parking requirements for restaurants in the original DDA area to 6 spaces per 1000 sq. ft.. This represents an increase of 2.67 spaces per 1,000 sq. ft. This requirement would also apply,to future restaurant conversions. For example, if a 1,500 square foot retail space is converted to a restaurant, the difference between the two requirements would have to be provided to meet the increased parking demand. In this case, an additional 4 parking spaces would be required. Under the current codes, that additional parking is not required since the requirement for all non-residential uses is the same (1 spacel300 sq. ft.). The Board also recommended that the one time reduction of one space be eliminated from all areas. The Board felt that this redevelopment incentive is no longer needed and the required parking should be provided. ANALYSIS OF .PROPOSED AMENDMENTS The proposed increase to the parking requirements applies only to restaurants in the downtown area bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and SE 1st Street on the south. The success of the downtown as an entertainment district with restaurants and clubs has significantly increased the demand for off-street parking. Based on the current success of the downtown, it appears that a reduced parking requirement is no longer needed as a redevelopment incentive. The proposed change requires restaurants in this area to meet the same parking requirements as the rest of the CBD, OSSHAD and the West Atlantic Avenue Redevelopment Area. The applicable rate is (6) spaces per 1,000 sq. ft. of floor area. This is still one-half the normal code requirement for the rest of the City. The requirement will be applied to changes in use as well as the construction of new floor area. Under the proposed regulations, restaurants will have to provide an additional 2.67 spaces per 1,000 sq. ft. than required under the current code. East Atlantic Avenue, between Swinton Avenue and Intracoastal Waterway, has a considerable advantage over other areas of the City with respect to parking requirements for restaurants. With the same standard for all nonresidential uses in this area, a retail or office building with a minimal parking demand can be converted to a night club or restaurant with a considerable parking demand and not provide any additional parking. Conversions of this type have an obvious impact on the availability of parking for other uses downtown. This was not an issue in 1990 when the downtown was deserted at night and public parking was plentiful. However, ten years later, public parking lots are full, restaurant owners are leasing private spaces and using a valet service to meet demand and the number of restaurants is still increasing. When the public lots are full, vehicles are parked illegally in private lots and those who provide parking are impacted by those who do not. The question is why do we still have the incentive in this area while other areas targeted for redevelopment, such as Pineapple Grove and West Atlantic Avenue, are at a significant disadvantage. For example, a MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM /0~_~ - REGULAR MEETING OF FEBRUARY 6, 2001 ORDINANCE NO. 6-01 (MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION IN THE CBD, CBD-RC AND OSSHAD DISTRICTS JANUARY 30, 2001 This is first reading and the first public heating for Ordinance No. 6-01 that would modify the one time one space parking reduction provision in the Central Business District, the Central Business District-Railroad Corridor, and the Old School Square Historic Arts District. Ordinance No. 6-01 was drafted in response to Commission direction at the January 9th workshop, where it was the Commission's consensus J~ot to support the complete elimination of the one time one space parking reduction. It was felt that eliminating this provision could have an adverse impact on smaller, "Mom & Pop" type operations that might want to locate in the CBD or the OSSHAD districts. After some discussion, a compromise was suggested that would allow for a one space parking exemption in those instances where either new development, expansion of an existing use or a change in use resulted in the requirement of only one new parking space. If more than one parking space was required, no exemption would be allowed and the parking would have to be provided in order for the development to occur. Ordinance No. 6-01 was presented to the Commission for review on January 16, 2001. It was the consensus that the ordinance accurately reflected the Commission's intent, and direction was given to proceed with the required advertising. Recommend approval of Ordinance No. 6-01 on first reading. If passed, a second public heating will be scheduled for February 20, 2001. Ref. Agmemol 4.Ord6-01.Modified One Time One Space Reduction Pkg. Reduction CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO MODIFY THE ONE TIME ONE SPACE PARKING REDUCTION IN THE CENTRAL BUSINESS DISTRICT (CBD), THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD), AND THE CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC) The City Commi~ion of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO, 6-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SEC'~ION 4.4.28, "CENTRAL BUSINESS DISTRICT RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Headngs for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY~ FEBRUARY 6. 2001~ AT 7:00 P.M. ~n the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAYt FEBRUARY 20t 2001 AT 7:00 P.M. (or at my continuation of such meeting which is set by the Commission). NI interested citizens are invited to attend the public heatings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Ftodda 33444 (Phone 561/243-7040), between the hours of 8:00 a-re. and 5:00 p.m., Monday through Fdday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S 286.0105. CITY OF DELPAY BEACH Alison MacGregor Harry City C~erk PUBLISH: Boca Raton/Delray Beach News January 29, 2001 February 14, 2001 Ad # NS0197 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO MODIFY THE ONE TIME ONE SPACE PARKING REDUCTION IN THE CENTRAL BUSINESS DISTRICT (CBD), THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD), AND THE CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC) The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 6-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13 (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY~ FEBRUARY 6~ 2001~ AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Heating will be held on TUESDAY~ FEBRUARY 20~ 2001~ AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public heatings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: Delray Beach Times CITY OF DELRAY BEACH January 29, 2001 Alison MacGregor Harty February 14, 2001 City Clerk ************************************************************************ INSTRUCTIONS TO NEWSPAPER: This ad is not to be placed in the legal ads/classified section of the newspaper. It must be at least two standard columns wide and ten inches long. The entire headline must be an 18 point bold headline. Thank you. City Clerk/S/Use Notice. Ord.6-0 l.Modified One Time One Space Pkg Reduction. CBD/OSSHAD/CBD-RC MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM/(" ~ - REGULAR MEETING OF JANUARY 16. 2001 ORDINANCE NO. 5-01 (ELIMINATION OF ONE TIME ONE SPACE PARKING REDUCTION IN THE CBD AND OSSHAD DISTRICTS) REVIEW OF ORDINANCE NO. 6-01 {MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION IN THE CBD. CBD-RC AND OSSHAD DISTRICTS DATE: JANUARY 12, 2001 This is first reading and the first public hearing for Ordinance No. 5-01 that would eliminate the one time one space parking reduction in the Central Business District and the Old School Square H~storic Arts Dismct. When the proposed text amendments relating to parking reqmrements were first discussed at the December 12th regular meeting, the Comrmssmn gave directmn that the two ~ssues (increased parking for restaurants m the original DDA area and ehminafion of the one nme one space parking reduction in the CBD and OSSHAD districts) be separated into two ordinances and readvertised so that separate acuons could be taken on the two ~ssues. This was done and the ordinances were adverused for first reading and first pubhc hearing on JanuaxT 16th. In the meantime, the Comrmssion reviewed the parking ~ssues at the January 9th workshop. The consensus was to support the increased parking reqmrement for restaurants in the original DDA area (Ordinance No. 4-01 on flus agenda). However, ~t was the further consensus of the Comrmss~on to not support the complete elimination of the one me one space parking reduction. It was felt that eliminating tins provision could have an adverse ~npact on smaller, "Mom & Pop" type operations that might want to locate in the CBD or the OSSHAD district. After some chscuss~on, a comprormse was suggested that would alloxv for a one space parking exemption m those instances where e~ther new development, expansion of an ex~stmg use or a change in use resulted m the requirement of only one new parking space. If more than one parking space was reqmred, no exemption would be allowed and the patrking xvould have to be provided m order for the development to occur. Ordinance No. 6-01 was drafted in response to this chrection. Again, Ordinance No. 5-01 appears on the agenda because it was advertised for ~ts first public hearing on January 16% The recommendauon is to vote Ordinance No. 5-01 down on first reading. Direction is also requested from the Commission if the proposed Ordinance 6-01 accurately reflects the direction given at the January 9~h workshop. If it does, or ff the Commission xmshes to make am' additional changes, we can then proceed w~th adverusmg the ordinance for formal consideration on first reading and the first pubhc hearing on February 6, 2001. OB_ . 0 / F/Of cED oD ORDINANCE NO/.>5-0~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.24, ",O,,,LD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ', SU,,BSECTION 4.4.24(G), "SUPPLEMENTAL~~ REGULATIONS ',}OF THE LAND DEVELOPMENT~L~JULATI?NS OF THE CItY OFJl)ELRAY BEACH, t~Y~THE Ol~E o .4V^CE P/ mciNo , DUCnC ; VROVIr)IN A SAVIN CLAUSE, A GF_./qERAL REPEALER CLAUSE, AND AN EFFECTIVE , ',---? ~,&,gu~, '~.,I.~ (a) ~m,r''~'--~,'~ '-/'-'- WHEREAS, on A~agust 22, 2000, the Parking Management Advisory Board recommended that the Land Development Regulations of the City of Delray Beach be amended by eliminating the provision for a one time reduction of one parking space in the CBD. and OSSHAD zoning districts; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on Nover~r, er ? 2000, at which meeting a motion was made to deny the proposed amendment 'to ~ the one time one space parking reduction, and said motion failed on a vote of 3 WHEREAS, the City Cormnission of the City of Delray Beach finds that the proposed amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLO¥' Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", Subparagraph 4.4.13(G)(1), "Parking", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read follows: Section 4.4.13 Central Business (CBD) District (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east, and S.E. 1st Street on the south, parking requirements shall apply to new floor area only. Changes in use (both residential and non-residential) shall not be required to provide on-site parking. The parking required for the creation of new non-residential floor area shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this subsection (G)(1). ........... j -,, .... , ..........,., ...... ~, ,,-.~ ............... ,.,~,:,-,,.. .................... ,. ............... ~, ....... , .... ~,..........:., site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. 9.) The parking requirement for restaurants is established ~ "-. (6) spaces per 1,000 square feet of floor area. (ed) The parking requirements for residential units in multi-iamily structures and mixed use buildings shall be as follows: · Efficiency dwelling unit One bedroom dwelling unit · Two or more bedroom dwelling unit · Guest parking shall be provided cumulatively as follows: 1.0 space/unit 1.25 spaces/ur. 1.75 spaces/un -for the first 20 units 0.50 spaces/unit -for units 21-50 0.30 spaces/unit - - -for units 51 and above 0.20 spaces/unit ~'~ction 2. That Chapter Four, "Zoning Regulations", Section 4.4.24, "Old School Squar~Fl~~ ~d'ts District (OSSHAD)", Subsection 4.4.24(G), "Supplemental District Regulations", Subparagraph 4.4.24(G)(6), of t)~lations of the City of Delray Beach, be and the same is he[~..~,t~s loews: Section 4.4.24 Old School Square Historic Arts Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: 2 Ord. No. 5-01 Section ~.' That should any section or provision of this ordinance or any portion thereof, any par~agraph, sentence or word be declared by a court of competent jurisdiction ~.o 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 ~. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section ~ That this ordinance shall become effective immediately upon its passage 6n second and £mal rea~ling. on this the PASSED AND ADOPTED in regular session on second and final reading day of .... ,2001. ATTEST: MAYOR City Clerk First Reading Second Reading -J / ~~ -~- 3 Ord. No. 5-01 Section 4.4.13 Central Business (CBD) District: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street on the south, parking requirements shall apply to new floor area only. Changes in use (both residential and non- residential) shall not be required to provide on-site parking. The .parking required for the creation of new non-residential floor area, shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). _,, (b) ?.fi:r J3,",u=,"! !, !994, ;'.'~_.,be''n the parking require,m~are applied to either new development~o' r a change in use ~ results in the requirement of only one ~new parking space, a on~ spac----"~ exempho~~' n shall be allowed ~'~;'~ ..... : ..... +o ~'~"_. "'~' -~"~ .... ~ ~' ........ ~'"""' spar, e_. This ~ exemption may only occur once per property. (~_.~) If it is impossible or inappropriate to provide required parking on-site or ~ off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d.~)The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of floor area. (e~)The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: · Efficiency dwelling unit 1.0...space/unit · One bedroom dwelling unit 1.25 spaces/unit · Two or more bedroom dwelling unit 1.75 spaces/unit I · Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit for units 21-50 0.30 spaces/unit ... - for units 51 and above 0.20 spaces/unit Section 4.4.24 Old School Square Historic Arts District (OSSHAD): (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (6) After Jcnu:.'y !, !97'., :':When th/e/parking requirem,.e~t~ of Section 4.6.9(C) are applied to either new developmenf~r a change in use, ~ f~sults in the requirement of only one new parkin.q space, a one space exemption shall be allowed. o.,;,~ ,,.,,~.;,,,, ,~,,,,; ...... ..*" o.~,,. .. ,,,, ,,,,~. .... ,~_ r, .... . = ""'~'; ....... - . This exemption · .,,.4,~, ff.,~.,,,,,,,~ ,-.-,~,,~., ,,v ,.,.,, ,,., ,,,.~ k,v ,,.,~.,~.,v-.., ,,.,] ~., ,-.., f.,..,,,,.,,,~ ,.,f.. ~.,v ~ may only occur once per ~)ro~)ertv Section 4.4.28 Central Business District-Railroad Corridor (CBD-RC) (G) Supplemer~tal District Reaulations: In addition to the supplemental district regulations as set forth in Article 4.6, the following shall apply: (1) When th,e/parking requireme, n.~.:.c~f Section 4.6.9(E)(4) are applied to either new development~or a change in use, i~ie~-~bsults in the requirement of only one new parking space, a one space exemption shall be allowed, s~!d~_.,-'-"-;"'-.....= ..... ; ..... ,o ~.~,, r... ,,,,~ .... ,~ r, ........ ~; .....,,,, This redur, tien exemption may only occur once per property. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM I 0. ~) - REGULAR MEETING OF FEBRUARY 6, 2001 ORDINANCE NO. 7-01 (VALET AND TANDEM PARKING) FEBRUARY 2, 2001 This is first reading and the first public heating for Ordinance No. 7-01 which provides for amendments to the CBD parking requirements so that required parking may be accommodated using valet or tandem parking arrangements. The amendments propose to allow 100% of required parking for commercial establishments, restaurants, cocktail lounges, hotel and residential type inns within the Central Business District, east of the Intracoastal Waterway, to be accommodated through the provision of valet parking, including a parking appliance/lift system, tandem parking, or a combination of both. The proposal also includes allowing tandem parking for multiple family developments, and provides design criteria for these types of parking arrangements. Due to site constraints and extremely high land costs in this area of the CBD, the proposed amendments are mewed as a way to provide required parking for these types of development. The Planning and Zoning Board considered the amendments at a public hearing on January 22, 2001. There was discussion concerning the provision to allow tandem parking for multiple family developments, with some concern expressed that allowing this option for developments with 25 units might be too many. While no formal recommendation was made, staff revised the ordinance to limit the use of tandem parking for multi-family developments with no more than ten (10) units. The Planning and Zoning Board voted 6 to 0 to recommend that the text amendments be approved. I am very apprehensive about extending tandem parking to multi-family development of any size. People will very seldom park in what is obviously someone's private driveway, as in front of a townhouse. On the other hand, based on my experience of living in apatm~ents and visiting apaiUa,ent complexes, it is not uncommon in a parking lot serving multiple units for someone to park in a space designated for someone else. Unless we can be shown several examples of where tandem parking in multi-family development is working successfully with no problems, I recommend that Ordinance No. 7-01 be adopted without the amendment to Section 4. 4.13 (G) (1) (e) , which allows such parking. Ref:Agrnemol 4.Ord.7-01.Tandem parking ORDINANCE NO. 7.-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE THAT PARKING REQUIRED FOR CERTAIN MULTIPLE FAMILY DEVELOPMENTS MAY UTILIZE TANDEM PARKING, SUBJECT TO CERTAIN CONDITIONS; AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY STRUCTURES", TO PROVIDE THAT PARKING MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDITIONS; AMENDING SUBSECTION 4.6.9(F), "SPECIAL PROVISIONS", BY ENACTING A NEW SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing held on January 22, 2001, and voted 6 to 0 to recommend approval; and WHEREAS, the City Commission of the City of Delray Beach fmds that the proposed amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: Section 4.4.13 Central Business (CBD) District (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (16) East of the Intracoastal Waterway, restaurants, cocktail lounges, hotels, and residential type inns may provide their required parking as valet parking, subiect to the provisions of Section 4.6.9(F)(3). Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (e) The parking requirements for residential units in multi-family structures and mixed use buildings shall be as follows: · Efficiency dwelling unit · One bedroom dwelling unit · Two or more bedroom dwelling unit · Guest parking shall be provided cumulatively as follows: 1.0 space/unit 1.25 spaces/unit 1.75 spaces/unit -for the first 20 units -for units 21-50 -for units 51 and above 0.50 spaces/unit 0.30 spaces/unit 0.20 spaces/unit Within townhouse and townhouse-type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Parking required for all other multiple family developments with no more than 10 units may utilize tandem parking provided that such parking is assigned and does not result in the space for one unit impeding access to a space of 2 Ord. No. 7-01 the other unit. Tandem parking cannot be utilized for required guest spaces. Section 3. That Chapter Four, "Zoning Regulations", Section 4.6.9, "Off- Street Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces Required", Subparagraph 4.6.9(C)(2)(c), of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: (C) Number of Parking Spaces Required: (2) Requirements for Residential Uses: (c) Multiple Family Structures: * Efficiency dwelling unit * One bedroom dwelling unit * Two or more bedroom d.u. * Guest parking shall be provided cumulatively as follows: 1.0 space/unit 1.5 spaces/unit 2.0 spaces/unit - for the first 20 units - for units 21-50 - for units 51 and above 0.5 spaces/unit 0.3 spaces/unit 0.2 spaces/mt Within townhouse and townhouse-type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Section 4. That Chapter Four, "Zoning Regulations", Section 4.6.9, "Off- Street Parking Regulations", Subsection 4.6.9(F), "Special Provisions", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended by enacting a new subparagraph 4.6.9(F)(3) to read as follows: (F) Special Provisions (3) Valet Parking: A parking facility with a valet service or operator which allows for attendants to receive, park and deliver the automobiles of occupants, tenants, customers, invitees, and visitors, including tandem parking and parking atmliance system (mechanical lift), may be utilized in 3 Ord. No. 7-01 lieu of the requirements of this section, provided the following requirements are complied with: (a) Any required valet or tandem parking utilized in lieu of the parking requirements set forth in this section shall be governed by an agreement with the City (in such form as may be approved by the City Attorney), and recorded in the public records of Palm Beach County. The agreement shall constitute a covenant nmning with the land, binding upon the owners, heirs, administrators, successors, and assigns. The agreement may be released by the City Commission at such time that site plan approval is obtained for an alternative parking arrangement which satisfies the parking requirements for said use. There is a parking professional available for the vehicle retrieval during business hours. (,c) The dimensions for valet and tandem parking spaces shall be a minimum of eight and one-half feet (8'6") wide and sixteen feet (16') deep with a maximum stacking of two (2) vehicles along with a drive aisle of twenty-four feet (24'). However, in the event a parking appliance system is utilized, the width may be reduced to no less than eight feet three inches (8'3"). (d) Valet parking may be utilized to conform with the number of handicap accessible parking spaces provided that: (i) (ii) At least two (2) handicapped accessible spaces are provided adjacent to the vehicle queuing area for those vehicles which cannot be operated by the parking professional; and The disabled person's vehicle may be safely operated by aforementioned parking professional. Valet drop-off/queuing area must be provided with a minimum length of 100 feet. Greater queuing area may be required as a condition of site plan or conditional use approval based upon the intensity of the use. The length of the queuing area may be reduced when supported by a traffic study. When a parking appliance system is utilized, a decorative wall must be provided and installed to a height that screens both the 4 Ord. No. 7-01 vehicles and mechanical equipment from adiacent properties or rights-of-way. (g) Where a parkine appliance system facility abuts a residential development or property zoned residential, a ten foot landscape buffer shall be provided. (h) Interior landscape areas required by Section 4.6.16 shall not be required if landscape requirements which would otherwise have been installed on the interior of the parking lot are evenly distributed along the perimeter of the parking area or facility and subiect to the following requirements: That a ten foot (10') perimeter landscape buffer consisting of a hedge and trees be provided; and (ii) That a decorative wall be placed on the interior edge of the landscape strip and installed such that the mechanical equipment and vehicles shall not be visible from adjacent properties or rights-of-way. S.ection 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. on this the PASSED AND ADOPTED in regular session on second and final reading day of ,2001. MAYOR ATTEST: City Clerk First Reading Second Reading 5 Ord. No. 7-01 CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVID/-T. HARDEN, CITY MANAGER PA R OF PLANNING AND ZONING JEFFI~E~. COSTELLO, PRINCIPAL PLANNER MEETING OF FEBRUARY 6, 2001 CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTIONS 4.4.13 REGARDING THE PARKING REQUIREMENTS IN THE CBD ZONE DISTRICT TO ACCOMMODATE REQUIRED PARKING UTILIZING VALET OR TANDEM PARKING, AND SECTION 4.6.9 ESTABLISHING DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS. BACKGROUND An LDR text amendment has been requested to allow 100% of required parking for commercial establishments, restaurants, cocktail lounges, hotels, and residential type inns within the CBD zone district, east of the Intracoastal Waterway, to be accommodated through the provision of valet parking. The proposal involves accommodating 100% of the required parking utilizing valet parking in an unconventional parking configuration including a parking appliance/lift system, tandem parking, or the combination of both. Due to the site constraints and the exorbitant land costs, especially east of the Intracoastal Waterway, the valet parking option is being viewed as a way to provide all the required parking. The proposal also includes allowing tandem parking for multiple family developments with no more than 25 units as well as design criteria for valet and tandem parking. The amendment also clarified the use of tandem parking in townhouse developments. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 22, 200,1. There was public testimony in support of the text amendment and no testimony in opposition. There were some comments from the public and the Board, which mostly involved clarification of the proposed text. These changes have been incorporated into the attached amendment. The Board also discussed the new provision relating to allowing multiple family developments with no more than 25 units to utilize tandem parking. While no changes were recommended, they felt that 25 units may be too many. After discussing the amendment, the Board voted 6-0 (Sowards stepped down) to recommend to the City Commission approval of the proposed text amendment based upon positive findings with respect to LDR Section 2.4.5(M). NOTE: With regards to the Board's concern, as the intent is to allow tandem parking arrangements for small infill multiple family developments, it seems appropriate to limit those developments to 10 units rather than 25. Thus, the proposed amendment has been modified accordingly. RECOMMENDED ACTION By Motion, approve on first reading a text amendment to Section 4.4.13 regarding the parking requirements in the CBD zone district to accommodate required parking utilizing valet or tandem parking, and Section 4.6.9 establishing design standards and regulations for valet and tandem parking arrangements, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of February 20, 2001. Attachments: P&Z Staff Report of January 22, 2001 & Ordinance by Others J I PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 22, 2001 AGENDA ITEM: IV.C AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) REGARDING THE PARKING REQUIREMENTS IN THE CBD ZONE DISTRICT TO ACCOMMODATE REQUIRED PARKING UTILIZING VALET OR TANDEM PARKING, AND ESTABLISHING DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on an amendment to LDR Section 4.4.13, CBD(Central Business District) regulations and Section 4.6.9 (F)(Special Provisions) regarding valet and tandem parking, pursuant to LDR Section 2.4.5 (M). Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS An LDR text amendment has been requested to allow 100% of required parking for commercial establishments, restaurants, cocktail lounges, hotels, and residential type inns within the CBD zone district, east of the Intracoastal Waterway, to be accommodated through the provision of valet parking. The proposed text amendment was requested in conjunction with a development proposal to construct a hotel on S. Ocean Boulevard, within the CBD (Central Business District) zoning district at the Bermuda Inn site. The proposal involves accommodating'100% of the required parking utilizing valet parking in an unconventional parking configuration including a 'parking appliance/lift system, tandem parking, or the combination of both. The proposal also includes allowing tandem parking for multiple family developments with no more than 25 units as well as design criteria for valet and tandem parking. Due to the site constraints and the exorbitant land costs, especially east of the Intracoastal Waterway, the valet parking option is being viewed as a way to provide all the required parking. The applicant's proposed amendment and staff's recommended amendment addressing the following comments below are both attached. Percentage of Valet Parking There is a concern with providing 100% valet parking as some customers would rather self- park. If there is no accommodation for self-parking, those customers would utilize adjacent public or private parking spaces. However, if the valet parking is available to the general public there should not be a problem as the general public may wish to valet park. The Board should consider if 100% valet parking is appropriate or if the percentage should be reduced. If a percentage is specified, staff recommends that it be reduced to 70%. Another alternative would be to allow this parking arrangement as a conditional use and determine the percentage on a Planning & Zoning Memorandum Staff Report Text Amendment for Valet and Tandem Parking in the CBD Page 2 case-by-case basis. The CRA Board recommended this alternative and staff supports this approach. Multiple Family Tandem Parkinq The request also involves allowing tandem parking to be utilized for multiple family units in the CBD to meet their parking requirement. While there is not a concern with small projects which would not result in a large expanse of asphalt area, there is a concern with larger projects using this parking arrangement. The Board may want to consider size limitations on projects that utilize tandem parking. Staff recommends that the project size be limited to no more than 25 units. This used elsewhere in the Comprehensive Plan and LDRs as a cut-off point between large and small-scale developments. Parking Appliance/Lift System When a parking appliance/lift system is utilized, it must be totally screened by a decorative wall. Due to the visual impacts it may be appropriate to allow this type of facility only as a conditional use. Handicapped Accessibility Section 4.1.2(5)(e) of the Florida Accessibility Code for Building Construction states that valet parking facilities shall provide a passenger loading zone complying with 4.6.6 located on an accessible route to the entrance of the facility. However, some vehicles may be specially adapted with hand controls only or lack a driver's seat and may not be operable by an attendant. Thus, while a handicap accessible space is not required, it is recommended that two spaces be provided adjacent to the queuing area. Landscaping The landscape requirements should continue to be met unless the parking facility is a lift system, which would be required to be enclosed by a decorative wall and could transfer the required landscaping to the perimeter of the parking area. 'Setbacks The amendment includes establishing setback requirements specifically for outdoor walled parking facilities. Based upon existing code provisions these new requirements are not necessary. Setbacks for walls 6'- 8' in height are already addressed in the LDRs and should continue to be applied. Walls that would extend above 6'-8' would comply with the building setback requirements. In the CBD zone district, east of the Intracoastal Waterway, the setback requirements are: Front: 5' Side Street: 5' Rear and Side Interior: 0'. However, where there is no dedicated access to the rear of a building, a 10' side setback shall be provided. As the existing setback requirements are very flexible, the proposed setback requirements are not necessary. However, where a walled facility abuts a residential development or property zoned residential, a 10' landscape buffer should be provided. Planning & Zoning Memorandum Staff Report Text Amendment for Valet and Tandem Parking in the CBD Page 3 REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Re~lulations, Findings: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. Future Land Use Element Policy C-4. l: The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: Accommodating parking needs through innovative actions The proposed text amendment fulfills the above Comprehensive Plan policy. Parking in the downtown area has always been a concern, especially east of the Intracoastal Waterway where the availability of land is limited and land costs are exorbitant. This proposal provides an innovative approach to accommodating required parking. REVIEW BY OTHERS Parking Management Advisory Board: At its meeting of January 16, 2001, the PMAB reviewed the text amendment. The Board felt that handicapped accessible parking spaces would be necessary for those vehicles that are specially adapted with hand controls. They also felt it may not be necessary to require a solid decorative wall and that it may be acceptable, depending on circumstances, to allow openings in the wall. These items would be further reviewed with a conditional use request. After reviewing the text amendment, the Board recommended approval of the amendment prepared by staff with changes addressing the above. Community Redevelopment Agency (CRA): The CRA reviewed the proposed amendment at its meeting of January 11, 2001. The Board recommended approval of the text amendment with the condition that valet parking be allowed as a conditional use. The Board had some ,concerns with the ability to provide a tandem parking configuration in large multiple family developments, however they were not sure what the cut-off should be. They felt that there would be a large expanse of asphalt with large multiple family projects. The amendment was subsequently revised to address the Board's concerns. Downtown Development Authority (DDA): The DDA Board reviewed and recommended approval of the proposed text amendment at its meeting on January 17, 2001. ALTERNATIVE ACTIONS Continue with direction. Recommend approval based upon a finding that the proposed amendment is consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. Recommend denial, in whole or in part, in that the proposed amendment is not appropriate with reason stated. Planning & Zoning Memorandum Staff Report Text Amendment for Valet and Tandem Parking in the CBD Page 4 RECOMMENDED ACTION Recommend that the City Commission adopt amendments to Land Development Regulations (LDRs) regarding parking requirements in the CBD zone district to accommodate required parking utilizing valet or tandem parking, and establishing design standards and regulations for valet and tandem parking arrangements, based upon positive findings with LDR Section 2.4.5(M). Attachment: Proposed Amendment Planning & Zoning Memorandum Staff Report Text Amendment for Valet and Tandem Parking in the CBD Page 5 PROPOSED BY APPLICANT (F) Special Provisions: (3) Valet Parking: A parking facility which allows for attendants to receive, park and deliver the automobiles of occupants, tenants, customers, invitees, and visitors including tandem parking for one hundred (100%) of the operating hours of the parking facility may be utilized in lieu of the requirements of this Section provided the following requirements are complied with: (a) Any required valet or tandem parking utilized in lieu of the parking requirements set forth in this section shall be governed by a restrictive covenant, approved as to form by the City Attorney's Office, and recorded in the public records of the county where the property is situated and said covenant shall run with the land and stipulate that a valet service or operator must be for such parking for so long as the use continues. (b) The dimensions for valet and tandem parking spaces shall be eight and one half feet (8'6") wide and sixteen feet (16') deep with a maximum stacking of two (2) vehicles along with a drive aisle of twenty-two feet (22'); however, in the event a parking appliance system is utilized, the width may be reduced to eight feet three inches (8'3"). (c) Valet parking may also be utilized to conform with the number of handicap accessible parking spaces provided that: (i) There is a parking professional available for the retrieval of the disabled persons vehicle during the business hours of the parking facility; and, (ii) The disabled persons vehicle may safely operated by aforementioned parking professional. (d) Vehicular reservoir spaces (VRS) is a space within a vehicular use area used for VRS shall be eight feet six inches (8'6") wide by sixteen feet (16') deep and shall be located in an area with a parking facility which is not used for any other vehicular use such as access, parking, site circulation or loading. (e) There shall be two (2) VRS spaces for parking facilities under fifty (50) spaces and four (4) VRS spaces for parking facilities over 50 spaces. (f) Interior, peninsula, and landscape areas otherwise required by this Section and other Landscape Sections herein shall not be required under their Subsection provided said landscape requirements are evenly distributed or provided for along the outside perimeter of the parking facility subject to public view. Setback for Outdoor Walled Parking Facility 1. Five foot (5') side yard for landscape. 2. Two and one-half feet (2'6") on street. 3. Zero feet (0') if on a parking facility backyard. 4. No setback for a commercial property with a wall. Planning & Zoning Memorandum Staff Report Text Amendment for Valet and Tandem Parking in the CBD Page 6 STAFF'S RECOMMENDATION Section 4.4.13 Central Business (CBD) District: (D) Conditional Uses and Structures Allowed: (16) East of the Intracoastal Waterway, Restaurants, Cocktail Loun.qes, Hotels, and Residential Type Inns, may provide their required parkin,q as valet parkin,q, subject to the provisions of 4.6.9(F)(3). (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (e) The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: · Efficiency dwelling unit 1.0 space/unit · One bedroom dwelling unit 1.25 spaces/unit · Two or more bedroom dwelling unit 1.75 spaces/unit · Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Parkin,q required for multiple family developments with no more than 25 units may utilize tandem parkin.q provided that such parkin,q is assi,qned and does not result in the space for one unit impedin,q access to a space of the other unit. Tandem parkin.q cannot be utilized for required ,quest spaces. Section 4.6.9 Parking Regulations: (C) Number of Parking Spaces Required: (2) Requirements for Residential Uses: (c) Multiple Family Structures: * Efficiency dwelling unit * One bedroom dwelling unit * Two or more bedroom d.u. * Guest parking shall be cumulatively as follows: - for the first 20 units provided 1.0 space/unit 1.5 spaces/unit 2.0 spaces/unit 0.5 spaces per unit Text Amendment for Valet and Tandem Parking in the CBD Page 7 for units 21-50 - for units 51 and above 0.3 spaces per unit 0.2 spaces per unit Within Townhouse and Townhouse Type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impedin,q access to a space of the other unit. (F) Special Provisions: (3) Valet Parking: A parking facility with a valet service or operator which allows for attendants to receive, park and deliver the automobiles of occupants, tenants, customers, invitees, and visitors includinq tandem parking and parkin,q appliance system (mechanical lift) may be utilized in lieu of the requirements of this Section provided the following requirements are complied with: (a) Any required valet or tandem parking utilized in lieu of the parking requirements set forth in this section shall be governed by an a,qreement with the City (in such form as may be approved by the City Attorney), and recorded in the public records of Palm Beach County. The agreement shall constitute a covenant runnin.q with the land binding upon the owners, heirs, administrators, successors, and assiqns. The agreement may be released by the City Commission at such time that site plan approval is obtained for an alternative parkin.q arran.clement which satisfies the parkin.q requirements for said use. (b) There is a parking professional available for the vehicle retrieval during business hours; (c) The dimensions for valet and tandem parking spaces shall be ei,qht and one half feet (8'6") wide and sixteen feet (16') deep with a maximum stackin,q of two (2) vehicles alon,q with a drive aisle of twenty-four feet (24'); however, in the event a parking appliance system is utilized, the width may be reduced to eight feet three inches (8'3"). (d) Valet parking may be utilized to conform with the number of handicap accessible parkin.q spaces provided that: (i) At least two handicapped accessible spaces are provided adjacent to the vehicle queuing area; and, (ii) The disabled person's vehicle may be safely operated by aforementioned parking professional. (e) Valet drop-off/queuin,q area must be provided with a minimum len,qth of 100'. Greater queuin.q area may be required as a condition of site plan or conditional use approval based upon the intensity of the use. The len,qth of the queuin.q area may be reduced when supported by a traffic study. (f) A decorative wall must be provided when a parking appliance system is utilized and installed to a height that screens both the vehicles and mechanical equipment from adjacent properties or rights-of-way. Planning & Zoning Memorandum Staff Report Text Amendment for Valet and Tandem Parking in the CBD Page 8 (,q) Where a parkin,q appliance system facility abuts a residential development or property zoned residential, a 10' landscape buffer should be provided. (hi Interior landscape areas required by Section 4.6.16 shall not be required if landscape requirements which would otherwise have been installed on the interior of the parking lot are evenly distributed along the perimeter of the parking area or facility and subiect to the following requirements: (i) That a 10' perimeter landscape buffer consisting of a hed.qe and trees be provided; and, (ii) That a decorative wall be placed on the interior ed.qe of the landscape strip and installed such that the mechanical equipment and vehicles shall not be visible from adjacent properties or ri,clhts-of-way. s:\planning & zoning\boards\p&z board\LDRValetPkg DATE: TO: FROM: SUBJECT: MEMORANDUM February 6, 2001 David Harden, City Manager Susan A. Ruby, City Attorney Charter Revision - Ordinance No. 10-01 Writer's Direct L~ne 561/243-7091 Here is an alternate Ordinance No. 10-01. with this one. SAR:ci I spoke with the Mayor and he would like to go Attachment ,4. ORDINANCE NO. 10-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A CHARTER REVISION TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE m, "LEGISLATWE", SECTION 3.06, "VACANCmS; FORFEITURE OF OFFICE; FILLING OF VACANCmS"; BY REPEALING SUBSECTION 3.06(C) AND SUBSECTION 3.06(D); BY ENACTING A NEW SUBSECTION 3.06(C)(1) AND SUBSECTION 3.06(C)(2), TO PROVIDE FOR THE FILLING OF A VACANCY IN THE OFFICE OF MAYOR, PROVDING THE LENGTH OF THE MAYOR'S SUCCESSOR'S TERM AND THAT OF THE COMMISSIONER SERVING IN THE SUCCESSOR'S FORMER SEAT INCLUDING THE MANNER OF SELECTION; PROVDING FOR THE RELETTERING OF SECTION 3.06; PROVDING FOR A REFERENDUM ON MARCH 13, 2001; PROVDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Article III, "Legislative", Section 3.06, "Vacancies; Forfeiture of Office; Filling of Vacancies", of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, be further amended by repealing Subsection 3.06(c) and Subsection 3.06(d) and by enacting a new Subsection 3.06(c)(1) and Subsection (c)(2) and providing for the relettering of Section 3.06 to read as follows: Section 3.06. VACANCIES~ FORFEITURE OF OFFICE~ FILLING OF VACANCIES. (c)(1) If the office of the Mayor shall become vacant pursuant to Subsection 3.06(a) of this charter, the Vice-Mayor shall automatically succeed to the office of Mayor. The Vice-Mayor shall serve as the Mayor for the remainder of the term of office of the former Mayor if less than fourteen months remain; or if otherwise, until the last Thursday in March following the next regular City election, or until the last Friday in March should the last Thursday fall on the legal holiday. Upon completing such service as Mayor by succession, the Commissioner shall then complete the remainder of his Commission term if any part of such term remains unexpired. The succession to the office of Mayor by the Vice-Mayor shall create a vacancy in the Commission which shall be filled in the manner set forth herein. It shall be the duty of the remaining members of the Commission, by a majority vote, to appoint a qualified person to fill the vacancy in the Commission created by the Vice-Mayor's succession to the office of Mayor. If a majority of the remaining Commission Members including the Mayor by succession are unable to agree upon the appointment of a Commissioner to fill the vacancy created by the succession of the Vice-Mayor to Mayor after two (2) regular meetings have been held, then the Commission shall call a special election for that purpose to be held within sixty (60) calendar days following the second regular meeting. The Commissioner appointed or elected to fill the vacancy shall serve until a new Mayor shall be elected and seated. (c)(2) In the event a vacancy occurs in the membership of the Commission; except at the close of a regular term or except for the filling of a vacancy in the office of Mayor, or a vacancy on the Commission that results from a vacancy that occurs in the office of Mayor as provided for in Subsection (c)(1) above, it shall be the duty of the remaining members of the Commission, including the Mayor, by a majority vote, to appoint a qualified person to fill the vacancy for the remainder of the unexpired term. However, in the event the vacancy occurs at least sixty (60) or more calendar days preceding the date of the next regular City election, then the appointed member filling the vacancy shall serve until the last Thursday in March following the next regular City election, or until the last Friday in March should the last Thursday fall on a legal holiday, and the remainder of the unexpired term shall be filled by election at the next regular City election in the manner provided in Article V of this Charter. If a majority of said remaining members are unable to agree upon the appointment of a Commissioner to fill said vacancy after two (2) regular meetings have been held, then the Commission shall call a special election for that purpose, to be held within sixty (60) calendar days following the said second regular meeting. Section 2. That Section 1 of this ordinance shall not be effective unless and until the same is approved by the majority of the electors of the City of Delray Beach, Florida, voting at the election to be held March 13, 2001, for the purpose of approving or disapproving Section 1 of this ordinance. If a majority of the electors voting upon the Charter change approve, then this ordinance shall be in full force and effect. If a majority of the electors voting upon the Charter change disapprove, then the ordinance shall be null and void. The question to be submitted to the electors shall be substantially as follows: THE PROCESS AND TERMS OF SUCCESSORS WHEN FILLING A MAYORAL VACANCY SHOULD THE CHARTER BE CLARIFIED AS FOLLOWS: IF THE MAYOR'S SEAT BECOMES VACANT, THE VICE-MAYOR BECOMES MAYOR FOR THE UNEXPIRED TERM IF LESS THAN FOURTEEN MONTHS; OR, IF LONGER, UNTIL A NEW MAYOR IS SEATED AFTER THE NEXT ELECTION. THE VICE-MAYOR SHALL THEN RETURN TO HIS COMMISSION SEAT IF HIS COMMISSION TERM HAS NOT EXPIRED. THE COMMISSIONER FILLING THE VICE-MAYOR'S FORMER SEAT SHALL SERVE UNTIL THE SEATING OF THE NEW ELECTED MAYOR? YES (for approval) NO (against approval) 2 ORD NO. 10-01 Section 3. That all ordinances or pans 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. PASSED AND ADOPTED in regular session on second and final reading on this the __ ,2001. day of ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 10-01 be in full force and effect. If a majority of the electors voting upon the Charter change disapprove such amendment, then the amendment shall be null and void. The question to be submitted to the electors shall be substantially as follows: APPLICATION OF SEPARATE TERM LIMITS TO THE MAYOR AND COMMISSIONERS. SHOULD THE CITY CHARTER BE AMENDED TO PROVIDE THAT THERE SHALL BE A SEPARATE SIX YEAR TERM LIMIT FOR MAYOR AND A SEPARATE SIX YEAR TERM LIMIT FOR COMMISSIONERS? YES (for approval) NO (against approval) 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. PASSED AND ADOPTED in regular session on second and final reading on this the __ ., 2001. day of ATTEST MAYOR City Clerk First Reading. Second Reading. 2 ORD NO. 13-01 then the amendment shall be null and void. The question to be submitted to the electors shall be substantially as follows: ACCURACY IN CALCULATING THE "ONE YEAR" PROHIBITION ON SERVING AFTER TERM LIMITS ARE REACHED. SHOULD THE CITY CHARTER BE AMENDED TO ACCURATELY DESCRIBE THE "ONE- YEAR" PROHIBITION ON SERVING AS MAYOR OR COMMISSIONER AFTER TERM LIMITS ARE REACHED BY PROVIDING THAT THE COMMISSIONER OR MAYOR SHALL NOT SERVE IN EITHER CAPACITY BEFORE THE LAST THURSDAY IN MARCH (OR FRIDAY, IF THURSDAY IS A LEGAL HOLIDAY) OF THE YEAR FOLLOWING THE YEAR IN WHICH HIS OR HER LAST TERM EXPIRED? YES (for approval) NO (against approval) 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. PASSED AND ADOPTED in regular session on second and final reading on this the __ ,2001. day of ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 14-01 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATI'ON PAUL DORLING, D~_~CTOR OF PLANNING AND ZONING MICHELLE E. HOYLAND, PLANNER~ MEETING OF FEBRUARY 6, 2001 FIRST READING OF AN ORDINANCE TO DESIGNATE THE WATER HOUSE, LOCATED AT 916 AND 918 NE sTH STREET, TO THE LOCAL REGISTER OF HISTORIC PLACES. Water House was constructed in the resort cottage style, which emerged in the City during the 1930's. The cottage style differs from the easily identified bungalow, vernacular or resort colonial in that the rooflines are generally lower pitched than in the bungalow, windows are more abundant than those found in the vernacular, and the front entrances lack the classical detailing of the resort colonial or minimal traditional styles. Many of these cottages were built near to the ocean and the Intracoastal Waterway; however, few examples remain that contain as many of the original features intact as the Water House. Water House provides cultural significance as it exemplifies the historical, political, economic and social trends reflected in Delray Beach during the years of the Great Depression when the more ostentatious building styles of the Florida Boom years were considered inappropriate. Designated in a unique and unassuming cottage style Water House adapted to the socio- economic conditions of the nation and provides significant clues about the values, lifestyle and social consciousness of the City's winter visitors. HISTORIC PRESERVATION BOARD CONSIDERATION Pursuant to Section 4.5.1(C)(6), after conducting the public headng, if the Board finds that the nomination fulfills the proper designation criteda and all procedures have been followed t:orrectly, it shall vote on the designation. The City Commission considers the recommendation through its standard ordinance adoption procedures. Three affirmative votes of the City Commission is necessary to pass the designation request except in the event that a directly affected property owner objects to the historic designation, in which case a super majority vote of four votes is required. The Historic Preservation Board considered this item at a Public Hearing on January 17, 2001. Several members of the public spoke in support and opposition and a letter of opposition from the property owner to the south was presented to the Board. After discussion, the Board voted unanimously to recommend historic designation to the City Commission. RECOMMENDED ACTION By motion, approve the ordinance designating the Water House, located at 916 and 918 NE 5t~ Street, to the Local Register of Historic Places. Attachment: Designation Report Letter of Opposition ORDINANCE NO. 15-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE WATER HOUSE LOCATED AT 916 AND 918 NORTHEAST 5TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTWE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the C~ty of Dekay Beach prm4des for the designation and protecuon of historic sites; and WHEREAS, a designation report was prepared for the Water House located at 916 and 918 Northeast 5th Street; and WHEREAS, the H~stonc Preservauon Board held a dui3' noticed public hearing m regard to the historic designanon on January 17, 2001, and voted unammously to recommend that the Water House be desagnated a local historic sate; and WHEREAS, the Cat3' Commission of the Ci~ of Dekay Beach has conducted a duly noticed public hearing m regard to the designation of the Water House as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the C~ty of Delray Beach, Florida, is 'hereby designated as a local historic sate in accordance xvith and under the provasmns of Secuon 4.5.1 of the Land Development Regulauons of the C~ty of Delray Beach, to-xvit: THE WATER HOUSE, located at 916 and 918 Northeast 5'h Street, Delray Beach, Florida, more parncularly described as follows: The West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provismn of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent lurischcuon to be mvahd, such dec~saon shall not affect the valicht3' of the remainder hereof as a whole or part thereof other than the part declared to be mvahd. Project Name: Water House, 916 and 918 NE 5th Street. Project Location: The West 84.82 Feet of Lot 37, Las Palmas Subdivision. The action requested of the Board is that of conducting a Public Hearing on a proposal to have the Water House designated as a local historic site. Based on an analysis of the designation report and testimony presented at the meeting, the Board will consider making a recommendation to the City Commission to place the Water House on the Local Register of Historic Places. At the meeting of December 6, 2000, the Board reviewed the Water House designation report and determined that it contained all of the required information pursuant to LDR Sections 4.5.1(C) (3)(a),(b) & (c). The Board then set the date for the public hearing for January 17, 2001. Pursuant to Section 4.5.1(C) (6), after conducting the public hearing, if the Board finds that the nomination fulfills the proper designation criteria and all procedures have been followed correctly, it shall vote on the designation. A majority of the entire Board, present and voting, must act in the affirmation to transmit the nomination and the Board's findings to the City Commission. The City Commission shall consider the recommendation through its standard ordinance adoption procedures, except that at least three affirmative votes of the City Commission is necessary to make a designation. In the event that a directly affected property owner objects to the historic designation, the Commission approval shall require a super majority vote of four votes. The owner of the property, Michelle Sterling-Smith has requested the designation and prepared the designation report. To qualify as an historic site the property must fulfill one or more of the criteria set forth in Section 4.5.1(B)(2) or (3) of the LDRs (copy attached). Analysis of the designation report indicates that Water House fulfills two of the criteria as follows: Meeting Date: January 17, 2001 Agenda Item: III-A HPB Staff Report Water House Designation P~g~ 2~.~:_ .~ Section 4.5.1 (B)(2) (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; and, Water House provides cultural significance as it exemplifies the historical, political, economic and social trends reflected in Delray Beach during the years- of the Great Depression when the more ostentatious building styles of the Florida Boom years were considered inappropriate. Designated in a unique and unassuming cottage style Water House adapted to the socio-economic conditions of the nation and provides significant clues about the values, lifestyle and social consciousness of the City's winter visitors. Section 4.5.1(B)(3) (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles. Water House was constructed in the resort cottage style, which emerged in the City during the 1930's. The cottage style differs from the easily identified bungalow, vernacular or resort colonial in that the rooflines are generally lower pitched than in the bungalow, windows are more abundant than those found in the vernacular, and the front entrances lack the classical detailing of the resort colonial or minimal traditional styles. Many of these cottages were built near to the ocean and the Intracoastal Waterway; however, few remain with as many of the original features intact as those found at Water House. Based upon positive findings to LDR Section 4.5.1(B)(2)(d) and 4.5.1(B)(3)(a), Criteria for Designation, recommend to the City Commission that Water House be listed by ordinance in the Local Register of Historic Places. 2. Deny the recommendation, based on failure to make positive findings to LDR Section 4.5. l(B)(2)(d) and 4.5.1(B)(3)(a), Based upon positive findings to LDR Section 4.5.1(B)(2)(d) and 4.5.1(B)(3)(a), Criteria for Designation, recommend to the City Commission that Water House be listed by ordinance in the Local Register of Historic Places. Pursuant to Section 4.5.1(B), the Historic Preservation Board must make the following findings for a property to qualify as a historic site: (B) Criteria for Desi.qnation of Historic Sites or Districts: (1) To qualify as a historic site, or historic district, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site or historic district, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3)(b) and (3)(d). (2) A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history (for example, the homestead of a local founding family); (b) Is the site of a historic event with significant effect upon the city, state, or nation; (c) Is associated in a significant way with a major historic event, whether cultural, economic, social, military, or political; (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; or, (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3)(b) and (3)(d): (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a histodc or outstanding work of a prominent architect, designer, landscape architect, or builder;, or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. (4) A building, structure, site, interior, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure, site, or zone meets historic development standards as defined by and listed in the regulations of and cdteria for the National Register of Histori.c Places, as prepared by the United States Department of the interior under the Historic Preservation- Act of 1966, as amended. A copy of these standards for the National Register is made part of this section as if fully set forth herein. : Kate B Moorm P1 DATE: TO: FROM: JANUARY 17, 2001 MICHEI~ HOYIAND and DIANA MUND, 1AX: (561) 243 7221 KATE AND THO~ M. MOORE, (1 FISHER LANE) PROPERTY O~ WITHIN A 500' RADIUS OF THE WATER HOUSE, 916 AND 918 NE 5th STRE5~ Dear Historic PreservaUon Board Members~. Thank you for your letter, dated January 4, 2001, notifyin~ us of the public hearing to be held tonight proposing to add the Water House to the Local Register of Historic PLACES. As strong advocates of historic preservaUon, and as concerned neighbors, we feel that the Water House is worthy of placement in the Local Register of Historic Places ONLY IF CERTAIN CONDITIONS ARE MFr. As the house now stands, it is an eyesore and embarrassment to the otherwise historic, and well-kept, neighborhood. It is cluttered with giant conchshells stuck on each spoke of a surrounding picket fence (great for a fish restaurant., but not for an historic structure). In addition, the fence between the Water house and our property, at 1 Fisher Lane, is falling down. Often junk furniture is scattered in the rather public front .va.rd of the Water house. All this lessens the integrity of an otherwise historic place. Our final hesitation is that if such an honor is bestowed upon this house and garage/cottage, all laws should be kept. For ye~__rs, as well as at the present ~r-e, a renter has lea~d the garage/cottage, while the owner has also occupied the p~mises. This is a direct violation of the single family city code. If the above negative issues can, and will be recU~ed, we are in favor of placing this property on the Local Historic Register. Thank you for your consid~tiom Sincerely, 124 t,.\ 14 Fordyce Lane, St. Louis, Mo. 63 _~Cf' THE STORY OF WATERHOUSE THE TWO COTTAGES PREVIOUSLY KNOWN AS, "THE COCKLE SHELL" AND "SOO BIG..." TABLE OF CONTENTS ~) 2) 4) 6) $) 9) ]o) General Information Location Map Historical and Cultural Significance Statement of Significance Sources Photography 1924 plat map of subdivision Palm Beach County Property Tax Dept. Di~ of Structures Ab:~iaaet from 1925 - 1987 This Desigmaxion Rep. on was resemrc'ned and prepm-ed by Miehelle '.~Iickev" S~eriing-Smi;h and Michael W St~iing-Smi;h GENERAL INFORMATION LOCATION: 916 AND 918 NORTHEAST 5TM STREET DEI,R~Y BEACH, FLORIDA DATE OF CONSTRUCTION: 193%1938 PRINCIPAL ARCHITECT: UNKNOWN PKESENT OWNER: MICI-/ELLE "M/CKEY" STERLING-SMITH PRESENT USE: PRESENT ZONING: R1AA PALM BEACH COUNTY TAX FOLIO NUMBER: 12-43-09-31-000-0371 CI. mRENT LEG.&L DESCKIPTION: The West 84.82 Feet of Lot 37, Las Palmas, Dekay Beach, Florida, According to the Plat Thereof; Recorded in the Office of the Clerk Of the Circuit Court, in and for Palm Beach County, Florida, in Plat Book 10, Page 68 CLAS S~ICATION FOR DESIGNATION: HISTORICAL, CULTLrRAJ~, A_ND _~d~CHITECTUR_~ GEORGE BUSH N E 7T~, CT ST ACURAOF DELRAY BEACH -'TI- 6'fH ~-:. .... .- N£ I 5TH WA TERWA Y NORTH CONDO INLET ~ ~ ST. VINCENT'S CHURCH ST ST BOULEVARD, ~ M,$A T~£ L A NDIN CS CONDO iv' S A T~,ACT DRt ~ S~RAY WATERWAY N 916 & 918 N.E. 5TH STREET (WEST 8,4.82 FEET OF LOT 37, I~S PALMAS. DELRAY BEACh, FL) ~A~ RE'r HISTORICAL AND CULTURAL SIGNIFICANCE Section 4.5.103) (2) of the City of Delray Beach LDRS outlines the criteria for determining the historical and cultural significance of a property. Listed below are the criteria, which relates to this property and justifies its designation. (A) "Is associated in a significant way with the life or activities of a major person, important in City, State or National history." Not only one, but also several such people owned WaterHouse, and the site it is on. Adolf Hofman, Frank Hailer and W'mthrop Winslow were important to Delray Beach, Gulfstream, and Palm Beach County. Each of these founding families helped shape our area as we lmow it today. (I)) '~Exemplifies the historical, political, culture or social ~ends of the community in histozy.~ WaterHouse, with its two distinctive cottages exemplifies the historical, cultural, economic and social trend of the past eras in Dekay Beaek The proximity to the fabled beach of Dekay and the lntracoastal Waterway is reflected in the theme and naming of this property. The former name of the larger cottage is "The Cockle Shell". Conch shells formally set upon the front stoop, beneath the hand-lettered wooden sign proclaiming its name. At present, the new sign, painted over the original one, hangs proudly beneath the trellis at the from gate. Numerous Conch shells, once prolific in our area, bm now gone from our waters forever, adorn the eaves and hang on the picket fence as a reminder of these by gone times. The use of these two cottages themselves as "Winter Cottages" fi-om 1938 until they became year 'round homes in 1968 is the epitome of the scene in Delray's Golden Age. The charming, modest cottages were used by Northerners, who flocked to our area during "The Season', offering a comfy place lo stay while enjoying the many social attractions the area had to offer to those fortunate enough to have the social "entree' to be a guest in such a cottage, inste.~I of an impersonal hotel. In the following text I shall tell, as best I can... ~ STORY OF WATERHOUSE The site itself is a small portion of the very land from which Delray Beach itself evolved. Earliest available records indicate that thi.q property, tax folio # 12-43-09-31-000-0371, has been cawed in stages from Model land Company Lot #7, (referred to as Lot # 8 by 11/15/24) Subdivision, Section 9, Township 46 South, Range 43 East, which was deed #1 ofDade Count3, records, ~ving AdolfHo~nan title to 60 acres on July 9, 1896. Hofiman, a German imm~_m'~ant and other German immigrants and workers of Afi-ican descent farmed this land along with the Hofrnan family, including Mr. Hofman's nephew, Paul Drehr, ~rno later went on to become SupervSsor of West Palm Beach and for whom Drehr Park Zoo is now named The principal crop of the Hoffman's farm was pineapples; a crop for which this area is well known. Pineapple plantations played an important role in Delray's history. We continue to commemorate this facet of our past with the City's "Pineapple Grove" and other historic areas in Dekay Beach. By 1925 Cuba shipped 3-4 million crates of pineapples to the States. It still behooved Mr Hofman to keep growing his pineapples! He also profited by growing bananas, oranges and grapefruit, which he sold directly to tourists. In settling this land, Hofinan had to endure many hardships. There were labor di~culties, even with weN-recommended fellow immigrants, who were homesick to the poim of distraction from the hard, physical work of farming. *Another problem Mr. Hofman encountered was the lack of any bridge over the Intracoastal Waterway, which was referred to at the time as the '~'lorida East Coast Canal". In order to cross the water, a boat, called a "Lighter" was pulled from shore to shore using a rope. AdolfHofman once came and found the rope wound around the post so he could not pull over and was obliged to remain in a small shack until 2:00 the next morning. At that time, State Koad A1A as we kuaow it today was but a narrow footpath cut through the brash to the beach. * *The above text was taken from, '~Delray Beach Noted" by H. Sterling, 1935. By 1925 AdolfHofman was caught up in the local land boom fever, however, he sold offhis land judiciously, keeping in mind the financial penalty of Federal income taxes upon his sales. Another reason he may have decided to sell the land was the hard times of farming. In a letter to his brother, Fritz, in Germ~y dated 1/17/25, Mr. Hofman describes the hardships of farming for the last four years, adding that at this t~me he was only planting 25% of his previous crops. Another factor in his decision to sell may have been that the Hofinan children were not themselves interested in farming. They had pursued business education and entered the world of commerce,, following a National trend, which took place after the industrial revolution Mr. Hofman, like so many other parents of his generation, found he could no longer keep his children ""down on the farm". Public records tell usttm by 11/15/24, AdolfHofman, with his wife, Anna Hofman, John W. Hall, Annie C. Iq~,ll, E. E. l:Iall, Mary Ethel Hall, L~E. Perk~n~ and Bess Perk~n~, through John W. ~ their attorney in Fa~, caused the land, which we know today as Las Palmas Subdivision to be created; by surveying and dividing plots and platted, that portion off-act of land known as the East portion of Lot 8, of Section 9, Township 46, Range 43 East in Pakn Beach count3,. The land was subdivided into separate building lots, numbered ]-4.5. This plat was recorded 11/24/24. Mr Hofman's partners in '~s joim advenrare were the influential movers and shakers of that era People critical to the formation of Delray Beach as we imow it today. Politically and socially, the5' guided the town through its infancy. According to the loc. al newspaper of $/10/23 the population of Delray Beach was 1,500. Here is some information about Mr. Hofinan's partners that gives us some insight into their local importance during that time period. The fact that Mr. John W. Hail was the City Clerk rendered him a personage of such importance that the day's newspaper reported his home on Dade and Lowry Streets was completed and ready for occupancy. He also had a realty and insurance business at Atlantic and Dixie, which was one of the first in the City. Emmett Campbell Hall's marriage to Eleanor C. Hartman, along with ks attendant parties and fetes dominated the local newspaper on 9/18/25. Emmett was the son of John W. Hall, a member of Hall Realty and Insurance Co. and manager of the Delray Theater. Friends included the B.F. Sundy family of Swinton Avenue, a founding family in town, for whom the Sundy House, restore'ant and in~, are named. The earliest conveyance by warranty deed for the Las Palmas Subdivision, executed on 1/l 7/25, but not recorded into the County Records until 6/10/25 have John W. Hall, his wife Anne C. Hall, AdolfHofman, his wife .4anna Hofman, E. C. Hall, his wife Mary Ethel Hall, E. C. Perldns, his wife Bessie B. Perldns selling lots 3, 13, 14, 31 and 37 to Frank Hailer, with Deed restrictions so specific as to clearly suggest the grantors envisioned a luxurious subdivision to be built in the Spanish style of architecture. This style proliferated in the area at that time by such noted architects as Addison lx~zner. The deed restrictions s'dpulated: "No building other than dwelling houses and private garages may be built upon this property, apartment garages being specifically prohibited; that no dwelling house shall be erexzted which shall cost less than $3,500 for materials and labor, that all structures, including private garages, shall be of stucco finish, that all roofs visible fi-om the street shall be of tile or composition shingle, plain roll roofing being specifically prohibited except when concealed by parapet walls, and all roofs shall be of fireproof or fire resisting materials, that no commercial or industrial enteaprises of any nature shall be conducted upon the property, that no cows, horses, poultry or other domestic animals or fowls shall be kept or maimalnod upon the property, dogs and cats excepted, that no stmmare shall be built'or placed nearer than 25' to the fi-om stre~ line of said property, that the propeaty shall at all times be kept in a neat and attractive condition, and that this property shall never be sold or mortgaged to any persons of Oriental or African l'ace.." The new owners of the five lots were themselves German immi~m'ants like the Hofinans. Palm Beach County Supervisor of Elections records show Frank and Maria Holler became naturalized citizens on 9/16/11. These important developers lived in Palm Beach Count),, on At~s Sweet in 1915, on Poinsettia Street in 1916, and at 819 Kanuga Street, West Palm Beach in 1946. By 1925 Mr. Hailer was a man of such importance to the developmem in Delray Beach that the subdivision to the Were of Las Palmas is named for him,. as was '~qxller Street", now called NE FiSh Street, upon whizz WaterHouse faces. It is interesting to note that when the original plat was recorded, Hailer Sxreet was the northern boundary of the Subdivision. Market Street, (now NrE Fourth Street), was the Southern boundary, and that since _Market Street was the Northern 7 line of what were then the City of Delray Beach City Limits, the entire subdivision lay outside the town itself. During the years that the Hollers owned the property, Delray's "Golden Age" was born. Delray Beach became "The Ocean City". A chic resort which attracted artists, poets, movie stars, cartoonists, socialites and polo enthusiasts to partake of the sun, the sea and the ambiance of this coastal jewel cfa town during the winter months. The Hollers owned this property fi-om 1925 to 1931. Some of the institutions of that erato which people flocked were The Arcade Tap Room, The polo fields in Gulfstream, The Boosters' Club, The Masonic Lodge, The Gulfstream Golf Club and The City Marin~_ By 1934, 1,500 seasonal residents were on the scene, joining the 2,800 full time residents. The seasonal residents filled the eight local hotels, (including The Colony, which still flourishes today), as well as the winter cottages, such as WaterHouse. On 7/13/26 Frank Hailer conveyed the property to his wife, Maria Hailer. It is noted that Mr. IqMler deeded Lots 3, (12), 13, (25), 31 and 37. No record of ownership exists for LOts 12 and 25. He excluded fi-om the conveyance Lots 14 and 21, which were included in the deed of 1/17/25, by which he took title. On 5/29/36 both Frank and Maria Hailer deeded Lot .37 to Palmer B. Beck and his wife, Virginia of Cuyahoga, Ohio. It is not known why both Frank and Maria Hailer appear as Crrantors, as Maria Hailer was the sole owner. The Becks caused the lot to be resurveyed and split into two smaller lots respectively, the East 100' of Lot 37 was sold to Sally E. Reitler and her husband on 3/18/38, then, the West 85' of Lot 37 was sold to M. Fisher Wright and his wife, Anna Lewis Wright, also on 3/18/38. The two cottages appear tn have been built by the Becks between May of 1936 and March of 1938. It seems the Becks were Ohio residents, undoubtedly using the homes as their winter cottages. A deed was executed in Cuyahoga, Ohio on 3/18/38. The Becks held a mortgage for the Wrights dated 3/31/38, spedficalty requiring that the Wrights keep the houses insured '~t'or both fire and windstorm ~ a sum of not less than $900 ~especfivelf'. The two separate promissory notes which sppe, ar ~ the mortgage in the public records, each executed in the amoums of $450, as well as the above quoted verbiage in the mortgage instrument document the existence of these two structures at thi.~ rime, bm no records of the architect or the builder of the houses can be foun& The mortgage was satisfied on 10/17/39, acknowledgement made in New Philadelphia, County of Tuscarawas, Ohio, suggesting that the Becks had continued to keep Ohio as thek principal residence. The alley, which runs along the West Side o£the property, '~Fisher Lane", was undoubtedly named for M. Fisher Wright. It is interesting to se the Wrights' emer_m'ng pattern ofland acquisition with a view toward development. The Wrights first purchased the small, (approximately 84.g2 x 49.65) pan. of Lot 37 with the two cottages as a "base" on 3/18/38. They then ag_m-essivety purchased more area properties as follows. On 9/25/41 Lots 42 and 43 in Las Palmas were purchased fi-om David 1~ Lippencott, ~. al. (who, in fa~ had, himself~ purchased these tots a little more ~h~n four months after the 1/t 7/25 transaction with/:rank Hailer, from Hall, Hofmav~ et. al.) The Wrights next purchased Lots 38, 39, 40 and z~] fi-om Edward B Andrews and Deborah W. Andrews on 9/27/41. Edward B. Andrews had received that property via warranty deed on 1/14/37 from Clayton L. Andrews and his wife. On 11/19/41 a quit claim deed to the Wrights was executed by Eula Moore West, et al. (widow ofJ. J. West), presumably to clear some cloud on the title to Lots 40 and 41. The Wrights next set out to clear a cloud on the title, as well as to have the previous deed restrictions lifted and released via a quit claim deed executed on 12/9/41 by Emmett C. Hall, et. al. for Lots 38, 39, 40, 41, 42 and 43. This is in addition to an affidavit to the public executed on 12/10/41. Further efforts were made to claHf-y title ambiguities to lots 38 and 39, via two separate quit claim deeds, one executed by Alice Bedell, a widow, on 11/1 $/41 then a quit claim deed and disclaimer executed by Beatrice Bedell Williams and Mignon Bedell, widow of Otto Bedell. On 5/1/25, the Wrights obtained a mortgage on Lots 38 and 39 from the Florida Bank and Trust Co. of West Palm Beach, in the amount of $3,500. The next recorded transaction reveals that by 4/2/46 Anna Lewis Wright was a widow. This indicates that M. Fisher Wright died between 5/1/45 and 4/2/46, undoubtedly rotting short the Wrights' dreams of development in the area On 4/2/46 the widow, Anna Lewis Wright executes two separate warranty deeds. Records show that. this took place from where she was at the time, in New Hampshire. Mrs. Wright sold the West 84.82' of Lot 37 to J. D. Stoa_n, Jr. and his wife, Evelyn Tillery Sloan of Delray Beach. Mrs. Wright sold Lots 38, 39, 40, 41, 42 and 43 to Gordon Gibbs and his wife, of the world famous Katherine Gibbs School in New York City family. The mortgage held by Florida Bank and Trust Co. in West Palm Beach on Lots 38 and 39 is satisfied on 5/28/46, suggesting that Mrs. Wright needed the proceeds from the sales of the properties to pay her bills. Little is known about J. D. Sloan, Jr. and his wife, l!ivel3m Tfllery Sloan, except that they obtained a mortgage from the First National Bank of Delray Beach, on thek property, first in the amount of $2,800 on 6/16/47. They satisfied that loan on 11/12/47. Again they encumbered the property with the same bank as Mortgagee, on 12/12/47, in the principal amount of $3,000, satisfying 'this mortgage on 4129/49. The fact that no Voters Registration records' are found for the Sloans from the 5m Street address, in spite of the fact the deed of 4/2/46 lists them as being Delray Beach residents, suggests that WaterHouse was not then' primary residence. In a dismssion with local architect and himorian, ~Roy Simon, he suggested that such leveraging of property was consistent with the common practice of farmers during that p~,eriod of time to pay for their expenses, suggesting the Sloans' possible vocation On 7/21/48 The Sloans sold the property to Mrs. Elizabeth H. Morris of Vista Del Mar Drive, Delray Beach, Fl. She assumes the balance of the $3,000 mortgage that the Sloans encumbered the proper0r with on 12/12/47. The widow, Elizabeth H Morris obtained another mortgage on the property from her neighbor, l~Os Sally E. Keitler, owner of the East 100' of Lot .37, in the principal amount of $4.,000, r>resumabtv to discharge the mortgage which Mrs. Morris had assumed To pm-chase the propeR', among other expenses. Note that both the satisfaction of the assumed mortgage and the new mortgage; bear the same date of 4/29/49. No Voters' Registration records were found for Mrs. Morris, suggesting that she may have been something ora socialite winter resident, and not a year round resident, which would be consistent with the prestigious Vista Del Mar address. The Dekay B~ch City Dkectory for 1953-1954 shows Mrs. Morris both owning and living on Vista Del Mar Drive, and the property at NE 5t~ Street, (the West 84.82' of Lot 37), as being owned and lived in by Mrs. Morris as well. The street address for the larger cottage at the time was 914. It is now 918. This suggests that Mrs. Morris may have maintained this cottage for her winter guests or household help. The same Dkectory lists 916 NE 5t~ Sweet, (the smaller cottage), as being occupied by "tourists", indicating that perhaps Mrs. Morris rented it out seasonally. The smaller cottage is still numbered 916. It was common practice to change house address numbers by either the City or fire officials. Mrs. Morris satisfied her $4,000 debt to her neighbor on 2/17/53. She sold the property on 2/18/53 to Winthrop Winslow, of 7 Gulfstream ~Rd. Gulfstream, Fl. And of Covin~on, RI Much is known about W'mthrop Winslow, his wife, Agnes Parks Winslow and their family. According to one of their daughters, Mrs. Walter (Beverly) Donohue, the family was very socially prominent, being among the earliest socialite families to settle in Gulfstream for the winters around 1940. They purchased their home and four lots fi.om the Phipps family, a founding f~tmily in the Gulfstream and Palm beach area for whom a public park further North on State Road A1A is named. The Winslow's Cmlfstream property bordered the socially all- important polo fields fi.om which Mrs. Donohue recalled "watching the polo games every Sunday for fi'ce!" She remembered such great polo players and socially prominent citizens as the late W'dliam "Bill" Mayer and Stewart Iglehart. The family was in the insurance business, coming to the area fi.om Khode Island and staying at The Colony Hotel on East Atlantic in Delray, prior to purchasing their winter home in Gulfstream. The Winslow family was social leaders here in the Delray Beach and Cralfstream area~ They were ac'five in and belonged to such so~ial institutions as, The Gulfstream Golf Club, The C. mlfstream Bath and Tennis Club, and The Delray Beach Yackt Club. The 4/4/66 Delray Beach News Journal reported tim The Hibiscus Garden Club installed its officers during the April meeting of the Club at'the C_Julf~ home of Mrs. W'mthrop W~ndow. Ac, cording Io her daughter Beverly, Mrs. W'mslow was "crazy about flowers!" Mr. W'mslow died quite suddenly at the age of 67. Mrs. W~slow is now also deceased. The V~rmslow's two daughters are still Dekay Beach winter residents. One daughter and her husband, Mr. and Mrs. Walter Donohue, were married in the V~rmslows' Cmlfstream home. Mrs. Donohue recalls ,h~ the two winter cottages on 5~ Sweet, (at that lime, the larger cottage was called, "The Cockle Shell" and the smaller one was called, "Soo Big..."), were purchased at her mother's insistence. Mrs. Winslow felt that the cor~.ges were" a good investment" They n~ded work, but Mrs. V~rmslow was determined that "they should be "fixed up and saved". She was obviously a prese,wafionist, ahead of her rime. ]0 The cottages were used to house a steady stream of winter guests and family members. This is confirmed by Mr. Paul Harvin, who remembers an employee of the Winslows, who opened and closed the cottages each season "for the tourists fi`om up North". Over the years, family members also occupied the cottages during "The Season". Another daughter of the Winslows', now Barbara Miller, lived at WaterHouse as did a Presbyterian Mirfister and his wife, who were an Aunt and Uncle to the Winslow sisters The Minister is said to have claimed that "God gave us this home." This would seem to convey the sense of peace and serenity l~e felt there, and still abounds in the home today. The cottages were filled with northern visitors, eager to enjoy the social swirl Delray and Gulfstream had to offer. Mrs. Winslow, by then a widow, sold the property to Wilfred A_ O'Brien and his wife, Magdalene S. O'Brien of Sag Harbor, NY on 4/2/68. The O'Briens are remembered by Mr. Paul Harvin, as being "very nice people, retirees" who appear to be the first owners of the property to have used it as their year round residence Plans were made for the O'Briens' only son, of whom photos were prominently displayed around the home, to come for a v/sit fi`om New York State around Christmas, ] 986. These happy plans were never, fulfilled because Mr. and Mrs. O'Brien were in a tragic automobile accident on NE St~ Strut, (now George Bush Blvd ), just a few blocks fi-om home. Mrs. O'Brien died on 7/23/86 and Mr. 0'Brien, who never recovered from the injuries sustained in the accident, died the following year on 7/16/87. Their son sold the property to Robert V. Rugg~ero of 126 Seabreeze Ave. Delray Beach, on 1/13/88. Mrs. Ruggiero had a very extensive art and antique business at NE 4t~ Sweet and NE6th Avenue here in Delray Beach. Mr. Rug~ero set about to quickly remodel the cottages, with the intention of reselling them at a profit. The P, nggieros famished the co .tinges with inventory from their antique st6re and housed out of town guests who were in the area to attend a family wedding. They later sold their home on Seabreeze Ave. and moved to Lake Worth, where they were involved in the revitalization of the lovely, old hotel which overlooks Bryant Park and the Intercoastal Waterway and was later bought by the Holiday Inn Corp. I purchased the property on 6/1/88 fi`om Mr. Rnggiero, emptying even my daughters' piggy banks to do so. I lived with my two daughters, in the larger cottage as my year round residence. We used the smaller co,age to house a succession of fflends, who would barter their "handyman" skills in exchange for a place to stay, or to au pair girls who would help care for my daughters while I work~d We also had need of the space in the smaller couag_e when, during my mother' s last iltness, we brought her home to stay with us. t~ was not until my ma_~e to Michael W. Smith, a fifth Fade teacher here in Palm Beach County, in Jul)' 2000 thru we began to use both cottages together as one home for our blended farnity. I1 In 1988, my youngest daughter named the property, "WaterHouse", (meaning, "house near the water", in the language of someone less than three years old). The name stuck. I have been immersed in raising my daughters and at working locally at, The Arcade Tap Room, The Gulfstream Golf Club, The old Gulfstream Bath and Tennis Club, The Little Club and The Delray Beach Club in my capacity as waitress to Dekay Beach and Gulfstream society. 12 ARCHITECTURAL SIGNIFICANCE The City of Delray Beach LDR Section 4.5.1 "Criteria for designation of historic sites" sets forth the following divisions, under which WaterHouse is well qualified for historic designation, as it meets this criteria. 4.5.1 (3) (A) "Portrays the environment in an era in history characterized by one or more distinctive architectural styles." (]3) "Embodies those distinguishing characteristics of an architectural style, period, or method of construction;" (D) "Contains elements of design, detail, material or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment." I shall explain the architectural significance, as it relates to the above criteria. WaterHouse is comprised of two separate cottages, located at 916 and 918 NE 5th Street, Dekay Beach. A map of the location is in chapter 2. The larger cottage, 918 NE 5t~ Street, is designed in the Traditional Minimal Style, as defined in the National Register. This style evolved from Indigenous .architecture, found throughout the southeastern portion of the United States, but most especially in South Florida. The smaller cottage, 916 NE 5th Street, is of the Vernacular Architectural Style, which was influenced, in a simplified manner, by the earlier Victorian architecture. Both cottages share such original features as double hung wooden windows, some in the Prairie style in the larger cotlage. The windows were placed to create cross ventilation throughout the houses. These windows slide open and dosed, from the top and bottom sashes, permitting ak circulation while keeping om most rain, (except for the blowing, tropical storms). The ori~nal sections of the roof on the larger cottage are ora simple, Hip Roof Design, most typical of Minimal Traditional Architecture. The two later additions to the original structure have flat roofs. The entire roof of the smaller cottage is of the Cross-Gable Design, perfectly in keeping with its Vernacular Architecture. The exterior of both cotta.ges is made of wooden lap siding, some of which is original, some of which has been replaced and some of which needs to be replaced, where the scourge of South Florida, namely damp rot and termites, have caused damage Both the Minimal TradkionaI and Vernacular Styles of architecture lent themselves to and were prevalently utilized in Delray Beach for the "Winter Cottages" which played such an important 13 visual part in the streetscapes of Delray Beach during the 1920's-1940's. Each of these cottages is a near perfect example of what made "The Golden Age" of Delray Beach. Both of these simple "cottage" type of dwellings were unostentatious, and low profile, as befitting the national economic conditions of the tail end of great depression and prior to the post World War I~ economic boom times. During this period, affluent members of society, and, by extension, their guests and household help, escaped the harsh Northern winters to enjoy the beautiful weather, quiet beaches and stimulating society of Dekay Beach. These small-scale structures were key to the proliferation of this social wend, this very lifestyle. In the larger cottage the attic crawl space reveals the ori~nal beams of Dade County Pine so hard, it is difficult to drive a nail into it. This wood is almost impervious to termites. The interior walls are covered with tongue & groove beadboard wainscoting, which extends fi.om the floor, ½ wa3, up the walls. Plastic laminate paneling, Marlite and sheets of drywall covered this when I purchased the property in 1988. As much of this was uncovered, coats of hardened trowel adhesive, then coats of pink, blue and green oil-based paint had to be stripped offin order to refinish the beautiful wood beneath the mess. Most ori~nal chairrail was gone. As was some of the original beadboard. I replaced each with reproduction pieces, the new chairrail, admittedly, more ornate in design than its original predecessor. In the smaller cottage, the living room interior walls are covered with the original floor to ceiling Cypress wood tongue & groove plank paneling, wash-stained light green. This was a popular finish for Cypress wood during that era. It was low maintenance, and not the "mildew magnet" which the porous, paper composition wallboard of that era was. Cypress is also termite resistant. Each cottage has a brick chimneyed wood-burning fireplace surrounded by a simple yet sturdy wooden mantle piece, to take the occasional seasonal chill out of the air. The foundation of the larger cottsge is raised up on corner stone pilings. The mb-floors are covered with an Oak tmm~wood 6ni.~h floor in most of the moms. The smaller cottage is set upon a series of concrete shbs. These k~nds of flooring were cool, domfortable and easy to care for. Since no ~,nish flooring was apparent in the smaller cottage, the concrete.floors have'been covered with marble tile. In the larger cottage, a porch was added at an unlmown time, facing east, to the Intercoastal Waterway with exposure to breezes on three sides. It was enclosed in the 1960's with altuninum awning windows. I have replaced these on the North and East sides with more architecturally appropriate Pella Wooden casement windows in 1996, and the room is currently used as the master bedroom. Some of the oriL, iual wooden window shutters remain, but need to be repainted, gSven new hardware and reinstalled. They provided protection fi.om storms and vandalism during the long summer months when the cottages were in disuse. Some oh__off-ual door and window sm-round wooden casings remain in both cottages. They are modest in intricacy of design, but wide, sturdy and subs'mntiaI. Unornamanted, yet arresting in their ve~, simpiicit3, 14 City of Dekay Beach records show an addition of square footage between 1968 and 1969. There was also a utility shed added to the south side of the larger cottage although no records exist for when this occurred. We have attempted to re, adapt it for closet space, attempting to match the original lap siding as closely as possible. In the larger house the small kitchen, with its flat roof appears to have been an early addition to the original structure. However, with its double hung window, beadboard tongue & groove type wainscoting, wooden door and window surround moldings as well as built in cabinets, it appears to have been added no later than the early 1940's. With the type of elec-~n-ical wiring used, the double hung window, as well as all the woodwork match that of the rest of the house, we must assume that this room was added soon after, if not at the same time, as the original construction, in spite of the flat roofwkich covers this area of the house. The larger cottage has original solid wooden upper cabineu-y with a hand painted floral design. It is not Imown when tkis decorative work was done. The smaller cottage has original wooden and glass fronted upper cabinetry. The kitchen in the smaller cottage is now used as a laundry room. No original lower kitchen cabinetry in either house exists. The kitchen sinks in both cottages are the large, rectangular, porcelain-clad 'kind, which have the faucets coming out of the wall above the sinks. These are thought to be original. In the smaller cottage's bathroom, the original toilet and sink remain. The original look of the shower stall is not lmown, (or it is possible that an original small bathtub was subsequently replaced with a shower stall). When I purchased the house, 1960% ceramic tiles covered this. It was recovered in marble tiles in 1996. During the course of this work, it was noted that the wall beneath the shower enclosure was covered with the same lap siding that is used on the exterior of the cothage, leading to the question of whether the bathroom itself was an early "add on". The exterior west wall of the bathroom is of concrete construction, unlike the rest of the cottage. However, much like'the ldtchen next door in the larger cottage, the double bung window and wooden door and window surround moldings are consistent with the vintage of the original con,muction, leading to the conclusion that if; indeed, the room was added subsequently, it was not much later. In the bathroom of the larger cottage, a door leading from the living room area was added. This was necessary for *..he use of a modem family for whom the sole existing egress to the bathroom being accessible only from inside a bedroom caused an unacceptable waffle pattern_ This added door, recycled from a count5, "crack house' wi'rich awaited the wrecker's ball is architectm-ally appropriate. in restoring the bathroom. I discovered the ori~_~Snal tongue and groove beadboard wainscoting ex-tending fi-om the floor one-halfway up the wall beneath 1950's Marlite wall covering, su-ipped, stained and potyx~-ethaned it. The original baseboards were missing but I replaced these with wood of the same wide width and thictmess as the original door and window sm-rounded moldings which remained, although many layers of paint had m be stripped fi-om. these as well. r)rior to refmishin_* them As was true in the livin,~ and dining areas of the 15 the original chain'ail from the top of the wainscoting was missing. I replaced this with a style which was undoubtedly more ornate than its original predecessor. During the course of this project, I found an original snip ofthe floral-patterned wallpaper border. While this original pattern is no longer available, I have endeavored to replace it as closely as possible on the upper portion of the walls, ceiling and border in between with a complimentary floral pattern and colors, which evoke the original look and feel. The original 1930's flush-mounted bathtub with its lower, molded, timed design remained, but 1960's squat-style fixmlres had replaced the original sink and toilet fixtures. In replacing the inappropriate toilet, the unanticipated difference between 10" and 12" ruffs proved to be problematic and dictated compromise in the use of a modern Kohler reproduction styled toilet, as opposed to a salvaged fixture of appropriate vintage. The reproduction fixtures echo the fluted base design of the remaining bathtub, as does the edge of the matching reproduction pedestal sinl% with which I replaced the '60%. Water damage to the flooring and sub-flooring necessitated replacement, which was revealed by the removal of the 1970's rolled vinyl floor covering. The original floor covering is unknown. The new sub-flooring is now covered with marble tiles. To avoid destruction of the walls above the bathtub due to modern shower usage, the marble tiles were continued fi.om the tioor to achieve a shower wall. Some extensive changes have been done, most particularly to the smaller cottage via the city of Delray Beach's Bootstrap Program about three years ago. In replacement of the original front French-style doors, as well as some interior wooden door surround moldings, the contractor advised me that the replacement of these features with identical items would not meet current code requirements, so these are lost to us. A photograph of the original living room front door is on display at DeL-ay Beach City Hall, on a presentation exhibit of historic fences displayed in the Building Department. The original picket fence pictured in the displayed photograph had to be replaced due to damage from various storms, the "last straw" being the unnamed storm which swept through Delray Beach soon after Hurricane Andrew. Much work remains to be done in order to restore the two cottages as closely as poss~le to their ori~nal condition, while adapting where necessary to meet the needs cfa modern family. STATEMENT OF SIGNIFICANCE The significance of WaterHouse can best be summed up, as stated by John P. Johnson in his 1987 Historic Sites Survey, "The appeal of Delray Beach as a winter resort can be attributed to the dozens of modest wood frame cottages". WaterHouse exemplifies the architectural, historical, cultural and social trend of Delray Beach's "Golden Age", as defined by Clemmer Mah~w, 1]I, in his "Design Guidelines For Historic Places", published by the City of Delray Beach in 1990, as well as by Dorothy Patterson's "The Delray Style", from the 1999 Delray Beach Historical Society Antique Show and Sale Magazine. WaterHouse's two separme cottages, the larger being constructed in the Minimal Traditional Style, and the smaller cottage, constructed in the Vernacular Style, meet the criteria for designation as defined by LDRS Sections: 4.5.1 (2) (a), (d) and 4.5.1 (3) (a), (b) and (d). The specifics are elaborated upon in this text in Chapter 4, Architectural Significance, and in Chapter 3, Historical and Cultural Si_mxificance. By the official reco_mtition provided with historic designation of this property, we can protect and preserve the original chamaer of these charming cottages, while keeping the established characteristics of the surrounding neighborhood intact through the continued restoration, preservation and much n~..ded upkeep of the premises This will result in improved area prope~, values, while preserving the rich architectural texm.u-es, which comprise the neighborhood~s visible heritage. Without this designation, any natural disasters or other causes of damage to the su-uctures, or change in o~mership will almost certainly result in the loss of this architectural, cultural and historical window on Delray Beach's past, due to the fact that this lot is nonconforming to current Ciq, Code, which hinders important improvements and necessary preservation efforts Why designate this property? Sec'don 4.5.1 (A) of the City LDRS outlines the purposes proposed designation I shall Iist both this section as well asthe reasons, which relate to this property. Section 4.5.1 (A): This Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation and the use of the sites, buildings, structures, improvements that are reminders of past eras, events and persons important in local, state and national history; thai provide significant examples of architectural styles of the past; that are unique and irreplaceable assets m the ciD' and its neighborhoods: or that provide this and future generations with examples of physicat su~oundings in ~;ni ch past generations I~ved. Le~ Wat~House be so identified! This property needs the preservation, protection, enhancement and perpetuation in order to continue to be used as a home that serves as a reminder of past eras. Some of the former owners of this site and these structures are important in local history. WaterHouse, with its two distinctively representative examples of both Minimal Traditional and Vernacular Architecture, certainly provide fine examples of each integral piece of Delray's historic social trend of winter cottages unique to this area. _The features and cra~smanship, as we~ as sc, ale and st3'les, are unique and irreplaceable ~o the City and neighborhood as examples of the winter cottages that played an important part in the history of the social and cultural trends which shaped Delray Beach as we know it today SOURCES l) z) 3) 4) 5) 6) 7) 8) 9) ]o) 13) Palm Beach County Circuit Court Records, Palm Beach county Courthouse, West Palm Beach, FL Palm Beach County Supervisor of Elections, West Palm Beack, FL Building Permits, City Hall, City of Delray Beach, FL Dekay Beach I-Sstoric Sites Survey by John P. Johnson, Published by the Palm Beach county Preservation board, Palm Beach County, FL Cop3' of letter written by AdolfHofTnan on 1/28/25, The .archives Room, Old School Square Copy of Delray Beach Notes, by H. Sterling, in Janua_D,, 1935, The .archives 1Koom, Old School Square Dekay Beach City directory (1953-1954), Vol. lI[, Published by Southern Directory Co. Publishers, Asheville, NC Palm Beach ComB' Tax Collector, West Palm Beach, FL The .art of Architecture, Published by the Dekay Beach Historical Society, Dekay Beach The Delray Beach News Journal, various back issues, as listed individually when quoted in this text, Delray Beach Library, Delray Beach, FL Architectural Photography by Pat Gotembe, Delray Beach, FL (Why should anyone else ever be allowed to photograph architecture?) Oral interview with Roy Simon, Architect and Local Historian (and a great guy, who belongx to the old school, tatung time out of a work day to tall,- to folks about our town), Dekay Beach, FL .am=oust, 2000 , Dorothy W Patterson, .~chivi~ Dekay Beach Historical society, Delray BeacE FL 9/19/00 (X wonderful laz~.,, who happens to know where los~ artifacts are kept) Oral linen,Jew with Paul H~ Delray Beach, FL 9/18/00, Local Historian and Professional Gardner To the Neighborhood, exrrordenare 19 Telephone conversation 9/19/00 with Mrs. William Mayer of Gulfstream, FL, who kindly provided a missing link between past and present, by putting me in comact with the descendant of a previous owner of the property. Telephone interview with Mrs. Walter Donahue of Rhode Island and Dekay Beach, FL, 9/19/00, who graciously took time to reminisce about her family, her life, and Delray Beach at the time her family owned the subject property. 17) Thanks to Larry Hall and Jeanne Slizyk for support, editorial and technical assistance 20 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM /~.~. - REGUI.~_.R MEETING OF FEBRUARY 6, 2001 ORDINANCE NO. 16-01 (CHANGING INVESTMENT PARAMETERS IN THE POLICE AND FIRE PENSION PL,a2q) FEBRUARY 2, 2001 As the Commission is aware, the Police and Fire Pension Board has requested that the City Code be amended to allow them to invest up to 70% of thezt assets in common stock. The Code currently limits this type of investment to 60%. In the backup is a letter from Jeff Keatmg in which he recommends the current limit of 60%, together wath three articles on asset allocation strategies. After reading these articles, I think we should approve increasing the limit on stocks to 70%. Based on almost 200 years of historical stock market performance, this would give greater growth over the long term. However, increasing the limit to 70% would increase the volatility of the asset value in the Police and Fire Pension Fund. As a result, our exposure to year-to-year jumps in our required contribution would be increased. But, our total contributions over the years should be less. The Commission just needs to decide whether the long term decrease in our required contributions is worth the increased exposure to wide swings in our required contribution. Ref~gmemol4.Ord. 16-01.Police & Fire Pension Plan ORDINANCE NO. 16- 01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING 'PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 33.66, "FINANCES AND FUND MANAGEMENT," SECTION 33.66(E)(2)(b) TO PROVIDE FOR A CHANGE IN THE INVESTMENT PARAMETERS FOR COMMON OR CAPITAL STOCK; PROVIDING FOR REBALANCING; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City and the Board of Trustees of the Police and Fire Retirement Plan, desire to change the parameters of investments in common or capital stock to enhance the performance of the Retirement Fund while controlling the risk. NOW, THEREFORE, be it ordained by the City Commission of the City of Delray Beach, Florida as follows: Section 1. That Section 33.66, "Finances and Fund Management", Section E(2)(b) be and is hereby amended to read as follows: (b) The Board of Trustees shall not invest more than five percent (5 %) of Trust Fund hs assets in the common or capital stock of any one issuing company, nor shall the aggregate investment in common or capital stock in one company exceed five percent (5%) of the outstanding common or capital stock of that company; nor shall the aggregate of the Fund's investments in common or capital stock at cc, st using the market value method exceed siray seventy percent,....":c~ ~,~,, (70 %) of the Fund's assets, as measured on the last business day of each quarter. The Board of Trustees shall rebalance the Fund's assets by the'last business day of the following quarter. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. second and final reading. That this ordinance shall become effective upon its passage on KEATING INTESTMENT COUNSELORS INC. REGISTERED INVESTMENT ADVISORS FOR INDIVIDUALS, RETIREMENT PLANS, TRUSTS AND FOUNDATIONS Milene Walinski City of Delray Beach Finance Department 100 NW 1 s, Avenue Delray Beach, FL 33444 September 8, 2000 Dear Milene: Enclosed are two articles on the issue of the optimum asset allocation between stocks and bonds for Pension Plans or long term investors. Very simply, the optimum mix for a Pension Plan is considered to be in the range of 60% in equities, with 40% in fixed income. Historically, this balance has captured the vast majority of being invested 100% in equities with 40% less risk as measured through price volatility. The major issue for the city is that even though the police and fireman's pension plan has a long longevity, in essence, you are always looking at 10 years or longer in terms of expected investment returns, the plan is structured such that it impacts the city's finances on a year-to-year basis based on the performance of the plan. Thus, the city should be looking at an asset allocation that is more appropriate to an investor that has more of a short term orientation. The article by Jeremy Siegel would suggest a more balanced 50%/50% structure between stocks and bonds. Hopefully the enclosed articles will be of some assistance to you. If they don't, I have a couple of other articles, but the3' are even more esoteric than these I have enclosed. If you have any further questions, please feel free to call my office. Truly yours, J~r e~i,di' n~t,,~eat/ng JJK:Ifs Enclosures 777 EAST ATLANTIC AVENUE, SUITE 303 · DELRAYBEACH, FLORIDA 33483 · (561)278-7862 · FAX(561)265-1055 oF the for the event. Fessor . Week the co~ morket most c( cose fO necessi ler~---Ol one o~ ~i~o~l the Lont I power · afer ! more c( with u~ tJon ~al · A tho and c seven · Howl chan~ ~nowl I The al stock ~ investi Ca~ el · How t your n · Analy. Jso~a ~ 36 PART 1 FIGURE 2-6 Risk-Return Trade-Offs for Various Holding Periods, 1802-1966 The Verdict of H:stor)' 1%, ~b b " 10 M~mrnum R~sk 0~, I I I ,,, I ,' I I I , ~ , I , , 0% 2% 4% ~ Be& 10~ 12% 14% 18% 18% RECOMMENDED PORTFOLIO ALLOCATIONS Table 2-2 indicates the percentage of an investor's portfolio that should be invested in stocks based on both the risk tolerance and the holding period of the investor.4 Four classes of investors are analyzed: the ultra- conservative investor who demands maximum safety no matter the re- t-urn, the conservative investor who accepts small risks to achieve extra re~rv., the moderate risk-taking investor, and the aggressive investor who is willing to accept substantial risks in search of extra rebarns. The recommended equity allocation increases dramaticaUy as the holding period lengthens. The analysis indicates that, based on the histor- 4 The one-year proporbom (except minimum risk point) am arbitrary, and are used as bencbanarks/or other holding periods. Choosing different proportions as benchmarks does not quahtat~vely change the following results. ent Seminar Proceedings Investment Policy April 18-20, 1994 Tokyo, Japan Keith P. Ambachtsheer Charles D. Ellis, CFA John L. Magirm, CFA David F. Swensen John R. Thomas, CFA Donald L. Turtle, CFA, Moderator Edited by Jan R. Squires, CFA Sponsored by the Association for Investment Management and Research and the Security Analysts Association of Japan nent per- ,ds in the sset-class ~onomic ns. n recom- .~ t'u rn be- ategy re- J returns different termhna- bination turn op- mnizing preccs~ )f asset- ~h 1998 To corn- ns must ~'s esti- ~e 1994- lc, what for dif- :ions in nic sce- iod? 'ategies recom- rectors -entas- condi- .e used 'ns. To effec- atego- ods tn three mt'la- nomic ~enod -~gear- to the 5] pe- ected economic condihons for 1994-98 do not closely match any of the past periods in Table 1. For example, in the 1952-65 period, the economy was characterized by higher economic growth (3.3 percent GNP growth) and lower inflation (1.4 percent) than is projected for the degear- lng scenario. The degearing scenario as- sumes that the U.S. economy will grow slowly during the decade (2.5 percent increase in annual GNP growth) as Fed- eral Reserve tight-money policies hold down the level of inflation (to 3.0 per- cent annually) and the United States works its way out of a debt overhang and large federal goverrunent deficits. Given its assumptions as to real GNP growth and inflation and the 1994 structure of interest rates and dividend y~elds, the degearing scenario projects real returns for bills of 1.5 percent, for bonds of 3.25 percent, and for stocks of 5.25 percent. The comparison 1952-65 period experienced real returns for bills of 1.3 percent, for bonds of -0.2 percent, and for stocks of 13.1 percent. Although the actual and projected experiences for bills are similar, the actual and projected experiences for bonds and stocks are very different. The difference lies in the higher economic growth and lower in- flation of the 1952-66 period, which drew money into stocks and thus in- creased stock multiples and improved stock returns; at the same time, bond yields were low in the early 1950s and nsmg interest rates worked to depress bond returns. After adjustments are made for these differences, the returns projected in Table 2 for the degearing scenario appear realistic. Similar differences exist between the projected economic forecasts and as- set-class returns for the deflation and the inflation scenarios and their comparable historical periods. Overall, Jones's real- return projections for the period of the late 1990s show bill returns, similar to their historical experiences but gener- ally better bond returns and poorer stock returns relative to their historical experiences. Why would Jones project experi- ences for the future that appear to be significantly different from the experi- ences of the past? The answer to this questions lies in his assumption that a stock market correction will occur if, in- stead of degearing, either a deflation or inflation scenario occurs. Jones appar- ently assumes that the deflation sce- nario, particularly if started by a col- lapse of the Japanese economy, would result in substantially increased fears about the future of the global economy, a lowering of expectations for corporate profits, and increased fears about the outlook for stocks. This outcome would generate an increase in the risk premium on stocks, resulting in negative returns on stocks in the 1994-98 period. In con- trast, bond returns would be enhanced as bond prices rose with a drop in long- term interest rates accompanying the switch to a deflation scenario. Jones is apparently suggesting that, in an infla- tion scenario, higher capitalization-rate requirements would, again, lower the returns to stocks because of stock price declines. Bond prices and returns would suffer even more than stocks in this scenario. Disagreement with Jones's assump- tions regarding the market reaction to the deflation and inflation scenarios and the subsequent impact on stocks would lead to projected returns more attuned to h~storical averages. His assumption of a market correction appears reason- able, however, in light of the long bull market reflected in the returns to stocks in the 1982-93 period and the market's historically adverse reaction in short periods to unexpected deflationary and inflationary envtroru-nents as the market seeks new equilibrium levels. Assuming that the projected returns in the different scenarios are reasonable, Smith and Jones can calculate reason- able returns for each of the four alterna- tive portfolios in the three scenarios. The portfolio retm'ns are the weighted averages of the projected asset, class re- turns for each economic scenario. The weightings would be the percentages each asset class represents in the particu- lar portfolio. The weighted real returns of particular portfolios in the three eco- nomic scenarios are given tn Table A. Cash was given no weighting in any of 75 ;set Allocation for Institutional ios San Francisco, California February 10-11, 1986 'Edited by . Michael D. Joehnk, CFA Keith P. Ambachtsheer Robert D. Amott Gary P. Brinson, CFA · Kathleen A. Condon, CFA :H. Gifford Fong William L. Fouse, CFA Walter R. Good, CFA Sponsored by The Institute of Chartered Financial Analysts Mark P. Kritzman, CFA Greta E. Marshall, CFA Robert H. Litzenberger Douglas A. Love Roger F. Murray Claude N. Rosenberg, Jr. William F. Sharpe thousands of possible outcomes by drawing out these distributions. The output, as illustrated in Figure 5, shows contributions as a percent of payroll on the left scale and different weight- ings of equities as opposed to bonds across the bottom. When moving from low risk to higher risk, the percent of equities in the portfolio and the potential contribution rate increases and the 50th percentile contribution rate decreases. The other technique, called the scenario ap- proach, is a little more hands-on and allows you to put a little more color into the analysis. The four possible scenarios are summarized in Table 2. To relate the scenario approach to dealing with an uncertain future, again consider Alpha Corporation. The implications for the Alpha pension plan contribution rate depend on the £rrm's asset allocation policy. For example, in the deflation case, with the return maximizing policy, the results are very unpleasant with the projected contribution rate going way up (see Figure 6). Figure 7 presents the same results in a plan balance sheet (asset cushion) context. DECISIONS AND THEIR IMPLEMENTATION After determining the context and allowing for an uncertain future, the decision and implemen- tation steps follow. In the case of Alpha Corpora- tion, management decided that, as much as pos- sible, they wanted to maximize long-term real FIGURE $ Dzstributions of contributions as a percent of payroll for various bond/stock asset mixes Contributions/payroll (percent) (inverted scale) Source. Banke~ Trust Company 10 6.3 7.0 7.7 8.2 8.7 6.1 6.8 7.6 8.1 8.6 5.3 6.6 7.3 8.1 8.7 5.1 6.4 7.3 8.7 I I t I A 0% B 20% C D 40% 50% Percent in ecluihes 4.5 6.0 7.2 8.2 88 ! E 70% 4.1 5.6 7.1 8.3 9.1 Percentile 90th 75th 50th 25th lO(h I F 90% 27 FIGURE 7 Five-year asset cushion swing projections Return maximization with "bad news" $ bdlions 1.6 r 1.2 0.8 0.4 -0.4 -0.8 Sourc~ Kelth P Ambachtsheer & Associates. Good times Deflation on value added. When moving to a short-term asset allocation focus, however, the investment context changes very significantly. RISK CONTROL AND RETURN ENHANCEMENT Short-term asset allocation is a process that fo- c':. -s not on nsk control but on return enhance- -~ent. The objective is to add return to an other- wise passive situation. In the short-term asset allocation context, we have to raise the question as to whether there are correlations between yesterday, today, and tomorrow. In other words, are there relationships between past and present observable events and future stock prices and interest rates? How you answer that question is absolutely crucial to whether you should engage in short-term active asset alloca- tion. If you believe there are no such linkages, stop now. If you believe there are linkages that can be identified, then there is a place for active asset allocation. Table 3 shows the five bases that have to be touched to be effective, to maximize the chances of success. Step 1: What do you believe about the relationships between events yester- day and today and stock prices and interest rates tomorrow? In other words, what is your theory of capital assets pricing? You must consider that Return R~sk maximization mm~m~zahon no "bad news" Good times Deflation Deflation RIs~ng inflahon issue and think about your belief of how inflation expectations will affect bond prices, the impact of real GNP growth on stock prices, and so forth. This leads to Step 2: Identify the predictors that are important to security valuation. In effect, what can I observe today that will affect the valuation factors tomorrow? And you might say, for example, "Well, I think monetary policy to- day might affect inflation expectations tomor- row,'' thereby identifying that particular pre- dictor. Step 3: What is the relationship bet-ween the predictors and the variables that you are trying to forecast (future stock prices and interest rates)? In Step 3, you are actually thinking, for example, about how sensitive changes in mone- tary policy are today to changes in inflation ex- pectations tomorrow--which, in turn, will im- pact stock and bond prices tomorrow. Step 4: Establish your decision rules. You can't just stop with the output of the process in terms of expec- tations about the future; you have to act on them and you have to act on them in an intelligent way. Decision rules used by money managers are often quite naive. For example, managers often do not consider that they might not be perfect at making capital markets forecasts. Your actual decision rules depend very much on how good you thir~k your forecasts are and on the transaction costs. These are the real world issues ') 29