Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
10-16-07 Agenda Reg
City of Delray Beach Regular Commission Meeting RULE8 FOR PUBLIC PARTICIPATION %> 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday, October 16, 2007 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6.00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that aze specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMI88ION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURE8 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 prepazes such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone• (561) 243-7000 program, or activity conducted by the Ciry. Contact Doug Smith at 243-7010, Fax• • (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: • October 2, 2007 -Regular Meeting • October 9, 2007 -Special/Workshop Meeting G. PROCLAMATIONS: A. Family Literacy Month -November 2007 B. National Hospice and Palliative Care Month -November 2007 7. PRESENTATIONS: A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Presentation B. Recognizing and Commending Jorge L. Delgado, Jr., Specialist E-4 for his Service and Commitment to the United States Army C. "Spotlight on Education" -Darlene Kostrub, Executive Director of Palm Beach County Literacy Coalition D. Downtown Marketing Cooperative Holiday Season Plans 8. CONSENT AGENDA: City Manager Recommends Approval. A. AMENDMENT NO.1/HISTORIC FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT: Approve Amendment No. 1 to the Historic Facade Architectural Control and Redevelopment Easement Agreement between the City and the Community Redevelopment Agency (CRA) providing that additional structures may be placed on the Cason Cottage property (Bungalow or Lavender Shutter Building) with the permission of the Community Redevelopment Agency (CRA) in order to allow for the placement of the Hunt House on the property. B. RENEWAL OF LEASE AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY/GABON COTTAGE PROPERTY: Approve the renewal of the lease agreement between the City and the Delray Beach Historical Society for the Cason Cottage Property. 10-16-2007 -2- C. RESOLUTION NO. 59-07: Approve Resolution No. 59-07 supporting the Carver Estates Revitalization Hope VI Grant application developed by the Delray Beach Housing Authority. D. GRANT APPLICATIONS/FLORIDA DEPARTMENT OF STATE/DIVISION OF HISTORICAL RESOURCES: Authorize staff to submit two (2) grant applications to the Florida Department of State, Division of Historical Resources for funding in the amount of $25,000.00 to resurvey four (4) historic districts (Del-Ida Park, Nassau Park, Old School Square and West Settlers Historic Districts) and purchase ten (10) State Historical Markers. E. COASTAL PLANNING & ENGINEERING/BEACH RENOURISHMENT: Approve and authorize Coastal Planning & Engineering to proceed with the Two (2) Year Post Construction Physical Monitoring for the Beach Renourishment Project in the amount of $44,249.00. Funding is available from 332-4164-572-31.30 (Beach Restoration Fund/Engineering/Architect). F. EXTENDED WARRANTY/ZOLL MEDICAL CORPORATION: Approve a one (1) year extended warranty in the amount of $18,648.00 to Zoll Medical Corporation for fourteen (14) 12-Lead Defibrillator Monitors M Series Units. Funding is available from 001-2315-526-46.20 (General Fund/Equipment Maintenance). G. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE ORGANIZATION: Approve a request to endorse the 2"d Annual Project Holiday sponsored by the You Are Not Alone Organization and authorize City and staff support to assist with mailing packages to armed services personnel. H. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 8, 2007 beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F~ for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to N.W. 1" Avenue for parade route; Miramar, Lowery, Gleason and Andrews for parade set up from approximately 4:00 p.m. to 6:00 p.m.; and authorize staff support for traffic control and security, EMS assistance, barricade set-up/removal, trash removal/clean up, and processing of the FDOT permit. I. SPECIAL EVENT REQUEST/ HOLIDAY TREE LIGHTING/ART & JAZZ ON THE AVENUE: Approve and endorse the Holiday Tree Lighting and Art & Jazz on the Avenue scheduled for November 29, 2007 from 6:00 p.m. to 10:00 p.m.; granting a temporary use pertnit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to N.E./S.E. 7'~ Avenue; to the alley north of Atlantic Avenue on N.E. 1S` Avenue, N.E. 2"d Avenue, Railroad Way, and N.E. 4s' Avenue; from Atlantic Avenue to the alley south on S.E. 1g` Avenue, S.E. 2"d Avenue and S.E. 4~' Avenue; and authorize staff support for security and traffic control, banner hanging/removal, barricade set-up/removal, trash removal, clean up assistance, and use/set up of the new City stage. 10-16-2007 -3- J. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $31,862.25 to Cordoba Construction Co. Inc., and in the amount of $33,967.50 to Ray Graeve and Sons Construction. Funding is available from 118-1924551-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation) and 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 1, 2007 through October 12, 2007. L. AWARD OF BIDS AND CONTRACTS: Purchase award to Ten-8 Fire Equipment, Inc. of Bradenton, Florida/Pierce Manufacturing, Inc. in the amount of $469,778.00 for the purchase of one (1) Pierce Manufacturing, Inc. Custom Heavy Duty Pumper for the Fire Department. Funding is available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment). 2. Purchase award to Hall-Mark Fire Apparatus of Ocala, Florida in the amount of $214,741.37 via the Florida Sheriffls Association, Bid #05-06-0823 for one (1) 2008 Custom Rescue Transport Unit for the Fire Department. Funding is available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment). 3. Purchase award to American Traffic Products and Services in the amount of $20,455.70 for the City's yearly supply of signs and sign supplies. Funding is available from 001-3141-541-52.20 (General Fund/General Operating Supplies). 9. REGULAR AGENDA: A. REQUEST FOR IN-LIEU PARKING SPACES/ONNEN DISASTER AND RECOVERY CENTER: Consider a request from the Onnen Disaster and Recovery Center for the purchase of three (3) in-lieu parking spaces in the amount of $46,800.00 to accommodate a proposed 4-story mixed use building containing 9,361 square feet of office space and one (1) residential unit on the fourth floor. The Onnen Disaster and Recovery Center is located at 234 N.E. 4`~ Avenue. (Quasi Judicial Hearing) B. AGREEMENT/HORSE DRAWN CARRIAGES, INC.: Consider approval of an agreement between the City and Horse Drawn Carriages, Inc. to provide horse and carriage rides along Atlantic Avenue and N.E. 2"d Avenue as specified from November 1, 2007 through May 30, ~ 2008. C. REJECTION OF BIDS/DELRAY BEACH SWIM AND TENNIS CENTER WEST PARKING LOT PROJECT: Consider rejection of all bids received for the Delray Beach Swim and Tennis Center West Parking Lot Project; and authorize staff to re-advertise for competitive bids. 10-16-2007 -4- D. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for a four (4) year term ending October 27, 2011. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). E. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint four (4) regular members to the Neighborhood Advisory Council for Zone 1, Zone 2, Zone 3 and Zone 4 to serve three (3) year terms ending August 31, 2010 and one (1) At Large Representative to serve a three (3) year term ending August 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4), Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 46-07 (FIRST READING/FIRST PUBLIC HEARING Consideration of a modification of the Blood's Grove Special Activities District (S.A.D) Ordinance No. 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). If passed, a quasi judicial public hearing will be scheduled for November 6, 2007. B. CONTRACT FOR SALE AND PURCHASE/CONDOMINIUM UNITS 1-9/ OLD SCHOOL SQUARE PARKING GARAGE PROPERTY/FAMILY GOURMET MARKETS, LLC: Consider approval of a contract to sell City owned property, condominium units 1-9, located on the first floor of the Old School Square Parking Garage at the southwest corner of N.E. 2"d Avenue and N.E. 1" Street, and Contract for Sale and Purchase between the City and Family Gourmet Food Markets, LLC in the amount of $3,600,000.00. C. CONTRACT FOR SALE AND PURCHASE/CONDOMINIUM UNITS 5-9/ OLD SCHOOL SQUARE PARKING GARAGE PROPERTY/FAMILY GOURMET MARKETS, LLC: Consider approval of a contract to sell City owned property, condominium units 5-9, excluding the western four (4) units. The property is located on the first floor of the Old School Square Parking Garage at the southwest corner of N.E. 2"d Avenue and N.E. 1" Street, and Contract for Sale and Purchase between the City and Family Gourmet Food Markets, LLC in the amount of $2,347,499.20. D. CONTRACT FOR SALE AND PURCHASE/FIVE (~,1 CONDOMINIUM UNITS/OLD SCHOOL SQUARE PARKING GARAGE PROPERTY/DAVINCI CANDLE, LLC: Consider approval of a contract to sell City owned property, five (5) condominium units, excluding the western four (4) units. The property is located on the first floor of the Old School Square Parking Garage at the southwest corner of N.E. 2"d Avenue and N.E. 15` Street, and Contract for Sale and Purchase between the City and Davinci Candle, LLC in the amount of $2,244,600.00. 10-16-2007 -5- E. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC HEARINGS Privately initiated amendment to the Land Development Regulations amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property that is allowed the permitted uses of the Central Business District (CBD) Zoning District; amending Subsection 4.4.24(F), "Development Standards", to include an additional property in the Old School Square Historic Arts District (OSSHAD) that is subject to the standards of the Central Business District (CBD) Zoning District. F. ORDINANCE NO.48-07: An ordinance amending Chapter 37, "Delray Beach Code Enforcement," of the Code of Ordinances by amending Section 37.45, "Supplemental Code Enforcement Procedures", Subsection 37.45(L), "Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure", to provide for the placement of liens due to unpaid citations. G. ORDINANCE NO.' 47-07: City initiated amendment to the Land Development Regulations (LDR), amending Section 1.4.1, "Interpretation of Land Development Regulations", Article 2.2, "General Provisions", Sections 2.2.1, 2.2.4, 2.4.3, 7.1.3, 7.8.9, 7.8.12,' 7.8.14, 7.8.15, 7.8.16, 7.8.17, 7.8.18, 7.8.19, 7.8.20, 7.8.21, and 7.8.22 and repealing Section 2.25 and 7.8.13 to substitute "Board of Adjustment" for "Board of Construction Appeals". 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 51-07: An ordinance amending Chapter 92, `Boats and Boating", by amending Section 92.33, "Dockage Rate", of the Code of Ordinances to clarify the dockage rate charged for the City Marina. If passed, a public hearing will be scheduled for November 6, 2007. iai6-aoo7 -6- B. ORDINANCE NO. 45-07: An ordinance amending Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (~, "Civil Penalties", to provide for citations for noise violations of motor vehicles and motorrycles; amending Chapter 70, "Traffic Regulations", "General Provisions", by amending Section 70.02, "Truck and Trailer Prohibition On Certain Portions Of Atlantic Avenue", in order to prohibit motorcycles on certain portions of Atlantic Avenue; amending Chapter 99, "Noise Control", by amending Section 99.02, "Definitions", to provide updated definitions; by amending Section 99.04, "Loud and Unnecessary Noises Enumerated; Exceptions"., to change the name to "Loud and Raucous Noises Enumerated; Exemptions", by amending Subsection (A), "Certain Acts Declared Unlawful", and (1)(a) and (14), "Motor Vehicles Operating On A Public Right-Of-Way", to add "Motorcycles", "Mufflers", and "Rapid Throttle Advance", in order to provide a cap for all motorcycle exhaust noise and require EPA noise labels. If passed, a second public hearing will be scheduled for November 6, 2007. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C, City Commission POSTED: OCTOBER 72, 2007 10-16-2007 -7- OCTOBER 2, 2007 A Regular Meeting of the City Commission of the City of Dekay Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 2, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Woodie McDuffie Commissioner Brenda Montague Mayor Rita Ellis Absent - Commissioner Fred Fetzer Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Janet K. Whipple, Acting City Clerk 2. The opening prayer was delivered by Mayor Rita Ellis. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos asked that Item 8.B., Landscape Maintenance Agreement/Cannery Row Development be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Regular Meeting of September 18, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Change a Light Day -October 3.2007 Mayor Ellis noted that a proclamation hereby proclaiming the Change .a Light, Change the World Campaign is officially underway commencing on October 3, 2007 with Change a Light Day in the City of Delray Beach will be mailed. 6.B. Make A Difference Day -October 27, 2007 Mayor Ellis noted a proclamation hereby proclaiming Saturday, October 27, 2007 as Make a Difference Day in the City of Delray Beach will be mailed. 6.C. Florida City Government Week -October 21-27, 2007 Mayor Ellis read and presented a proclamation hereby proclaiming the week of October 21 through October 27, 2007 as Florida City Government Week in the City of Delray Beach. 6.D. National Arts and Humanities Month -October 2007 Mayor Ellis read and presented a proclamation hereby proclaiming the month of October 2007 as National Arts and Humanities Month in the City of Delray Beach. Joe Gillie, Director of Old School Square and Bill Nicks, Vice President of Marketing and Government Affairs of the Palm Beach County Cultural Council accepted this proclamation. Mr. Gillie introduced the new Director of Development at Old School Square. 6.E. National Physical Therapy Month -October 2007 Mayor Ellis read and presented a proclamation hereby proclaiming the month of October 2007 as National Physical Therapy Month in the City of Delray Beach. Scott Miller from Miller Physical Therapy came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. Delray Beach Jaycees Fishing Tournament/Delray Citizens for Delray Police -Officer Jeffery Messer and Chris Reich Larry Schroeder, Police Chief, presented the community service awards to the volunteers. Larry Schroeder, Police Chief, stated 13 years ago the Delray Beach Jaycees Holiday Toy Drive Fishing Tournament was created with the purpose of raising funds for the yearly Holiday Toy Drive. The fishing tournament has evolved over the years from a small town fundraiser into an event that brings in anglers from all over South Florida. In the past three years alone, this event has hosted sixty or more boats per year and rose over $10,000.00 each year. These monies are then placed into the Delray Citizens' for Delray Police Account which facilitates the funding of the programs. Chief Schroeder stated as this fishing tournament has evolved so has the involvement in the -2- 10/02/07 community. From the funding of all expenses related to the Holiday Toy Drive to providing college scholarships for Atlantic High School graduates to covering all costs related to the eight year old Kids and Cops Literacy Program, they have grown. Also, they have been able to increase the dollar amount donated to the Easter Egg Hunt and have given to the Delray Rocks Football Team and supported a successful Karate Instruction Program. Chief Schroeder stated the commitment and professionalism illustrate the core values of the Police Department and thanked everyone for caring and getting involved. Jennifer Buce, Litter Prevention Coordinator, stated through the annual toy drive this year they were able to raise over $11,000.00 and this money goes back into the programs that they do throughout the year. Ms. Buce stated she has been fortunate to have been a part of the Kids and Cops Program for over ten years and many good things are done for the youth in the community. Ms. Buce presented Perry DonFrancisco with checks totaling $11,000.00 raised this year through the Annual Fishing Tournament. Perry DonFrancisco came forward to accept the checks and stated Delray Citizens' for Delray Police began 22 years ago with the intention of being a Police community relations support group and one of the objectives beyond financially and morally supporting the police was to enhance the image and the relationships of the police in our community. Mr. DonFrancisco stated this is being accomplished through everyone's efforts and expressed his gratitude for all those involved. 7.B. My Safe Florida Home Program Presentation Victoria Williams, Consumer Outreach Coordinator for the State of Florida, stated that the State of Florida is letting people have a free windstorm inspection if they have a site built home that is not a mobile home or a condo and it is just one home under one roof and not a duplex. My Safe Florida Home Program was created in August 2006 and homes that are insured for less than $300,000 to rebuild the house and are in a wind-borne debris area and the home has been built before the year 2002 can qualify for $5,000.00 matching money to put the shutters on the house. Ms. Williams stated the free windstorm inspection is very easy to get by calling 1-866-513-6734 or by going online to www.mysafefloridahome. com. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF EASEMENT DEED/CLEARBROOK HOMEOWNERS ASSOCIATION: Approve and accept an easement deed between the City and Clearbrook Homeowners Association to allow the installation of a reclaimed water line from Homewood Boulevard to Clearbrook Circle. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. -3- 10/02/07 8.C. RESOLUTION NO. 58-07: Approve Resolution No. 58-07 providing support for the City's beach renourishment project and a funding commitment to provide for the local match. office.) The caption of Resolution No. 58-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA PROVIDING IT'S SUPPORT FOR THE CITY OF DELRAY BEACH RENOURISHMENT PROJECT AND ITS ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH. (The official copy of Resolution No. 58-07 is on file in the City Clerk's 8.D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/NEIGHBORHOOD PLANNER: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding in the amount up to $34,410.00 per year for a Neighborhood Planner position to be assigned to the Neighborhood Resource Center to serve as a liaison between the Community Redevelopment Agency (CRA), West Atlantic Avenue Task Team (WATT) and West Atlantic Avenue Redevelopment Coalition (WARC); and provide Community Land Trust (CLT} outreach services. The Community Redevelopment Agency (CRA) shall contribute 50% of the cost of this position. 8.E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/PLAN REVIEWER II: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in an amount up to $67,200.00 per year for a Plan Reviewer II position in the Community Improvement Department for the prioritization of CRA projects for plan review and permit approval. 8.F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/PLANNING AND OTHER SERVICES: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in an amount up to $115,500.00 per year for planning and other services from the Planning and Zoning Department, Parking Management Specialist and the Information Technology Division. 8.G. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CLEAN AND SAFE PROGRAM: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $870,000.00 for funding for the Clean and Safe Program for FY 2007/2008. -4- 10/02/07 8.H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CONSTRUCTION/PROFESSIONAL SERVICES: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding construction/professional services for FY 2007/2008. 8_I. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/IN-HOUSE PROJECT MANAGEMENT SERVICES: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $78,750.00 for funding of the Project Manager position in the Environmental Services Department/Engineering Division. The Project Manager position manages the Community Redevelopment Agency (CRA) projects, helps keep the projects on schedule and ensure that they are properly coordinated and managed. 8_J. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointment of Mr. Charles Halberg, Planning & Zoning Board Representative, to the Parking Management Advisory Board for a two (2) year term ending August 31, 2009. 8.K. TRI-PARTY AGREEMENT/PALM BEACH COUNTY/DELRAY BEACH HISTORICAL SOCIETY: Approve an agreement between the City, Palm Beach County and the Delray Beach Historical Society for funding from Palm Beach County in an amount not to exceed $200,000 for the Hunt House Learning Center and Archival Storage Facility. 8.L. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special event request to allow the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 27, 2007 from 1:30 p.m. until approximately 2:15 p.m., including temporary use permit per LDR Section 2.4.6(F) for the rolling closure of Atlantic Avenue from N.E. 1St Avenue to Veterans Park, staff support for traffic control and security; contingent upon the receipt of a hold harmless agreement. 8.M. LETTER OF SUPPORT/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) FUNDING FOR FY 2008• Approve and authorize the Mayor to sign the letter of support for the Community Development Block Grant (CDBG) funding for FY 2008. 8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 17, 2007 through September 28, 2007. 8.0. AWARD OF BIDS AND CONTRACTS: NONE. -5- 10/02/07 Mrs. Montague moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.A. REGULAR AGENDA: 9.A.A. LANDSCAPE MAINTENANCE AGREEMENT/CANNERY ROW DEVELOPMENT: Approve and accept an easement deed between the City and Cannery Row Homeowners' Association for the maintenance of landscaping within the pubic rights-of--way along N.E. 1St Avenue, N.E. 2nd Avenue and N.E. 3rd Street adjacent to the Cannery Row Development. At this point, Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Randal Krejcarek, City Engineer, stated this is before the Commission for approval to execute an agreement with Cannery Row Homeowners' Association for maintenance of landscaping that is going to be within the City right-of--way. Cannery Row is a development that is bounded by N.E. 3rd Street on the south, N.E. 4th Street on the north, N.E. 3rd Avenue on the west and N.E. 2nd Avenue at Pineapple Grove Way on the east. The landscaping that they will be doing will be in the Pineapple Grove right-of- way, the N.E. 3rd Street right-of--way and the N.E. 1St Avenue right-of--way. Mrs. Montague moved to approve to execute the landscape maintenance agreement between the City of Delray Beach and Cannery Row Homeowners' Association, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.A. CONDITIONAL USE MODIFICATION REQUEST/SOUTH COUNTY MENTAL HEALTH CENTER: Consider a conditional use request to allow the construction of five (5) housing facilities which will each have four (4) sleeping rooms with two (2) beds per room for the South County Mental Health Center, located at 16158 South Military Trail. (Quasi-Judicial Hearing) Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Janet Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. -6- 10/02/07 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-294 into the record. Mr. Dorling stated this is a conditional use request to allow five (5) additional housing facilities with four (4) sleeping rooms each and two (2) beds per room for the South County Mental Health Center located at 16158 South Military Trail. The South County Mental Health Center is an existing facility located within eleven buildings including supportive housing, recreation, child care, offices and medical services. This expansion would occur to the east part of that site and include five buildings with a total of forty (40) new beds. At its meeting of September 17, 2007, the Planning and Zoning Board considered the conditional use request and the Board recommended approval with a vote of6to0. Steve Tate, Covelli Design Associates, Inc., Agent, stated this is for five (5) additional units in the east end of this particular site. He stated right now they have funding for two of those units and the other three units would be based on a future need. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. McDuffie moved to approve the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.B. CONDITIONAL USE REOUEST/HISTORIC DEPOT SOUARE: Consider a conditional use request to allow a multiple family residential development containing a minimum of 25% workforce units and up to 24 dwelling units per acre to be known as Historic Depot Square in the MIC (Mixed Industrial and Commercial) Zoning District located between the CSX Railroad and I-95, south of Lake Ida Road. (Quasi- Judicial Hearing) Janet Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item. 7- 10/02/07 Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he had no ex parte communications. Mrs. Montague stated she has met with the applicant. Mayor Ellis stated she had no ex parte communications to disclose. Mr. Eliopoulos stated he had a conversation with one of the abutting property owners with regard to access to his property. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-314 into the record. Mr. Dorling stated on March 20, 2007, the City Commission approved an LDR text amendment establishing an Interstate 95/CSX Railroad Corridor Overlay District which allows the multiple family residential developments in the MIC zoning district up to 24 dwelling units per acre as a conditional use provided at least 25% of the units are workforce housing units. The development proposal also includes the relocation of Depot Road from its current location along Interstate 95 to the west side of the property along the CSX railroad right-of--way. He stated it will include 296 dwelling units and approximately 90,135 square feet of office floor area. The development will consist of two (2) two-story office buildings and two (2) four-story buildings containing the residential units. As part of this development, Mr. Dorling stated there will also be a five-story 340 parking space garage and 528 surface parking spaces along with related landscape improvements. The residential portion of the development consists of 78 one- bedroom units, 170 two-bedroom units, and 48 three-bedroom units. Seventy-five of the units will be workforce units representing 20 one-bedroom units, 43 two-bedroom units, and 12 three-bedroom units. The development will include amenities such as swimming pools and green terraces within courtyards that are proposed within residential buildings. At its meeting of September 17, 2007, the Planning and Zoning Board considered the conditional use request and recommended approval subject to the modification of condition #4. This condition was modified in order to provide flexibility to the developer and City staff to resolve the issue regarding the designation of the workforce units. Mr. Dorling stated in the past the workforce housing units have been physically delineated and the applicant as did the Planning and Zoning Board agreed that they could meet with staff and come up with an alternative if they had an acceptable one. Mr. Dorling stated the City Attorney, the applicant and he met a few days ago and agreed that they do not have to physically delineate the workforce housing units but there will be a process by which they would submit monthly reports as to where those units are. Staff recommends approval subject to the modification of that condition which is referenced in the staff report. Mr. Dorling stated he believes this has been taken care of. Charlie Putman. Charles Putman & Associates, Inc., Agent, gave a brief presentation and stated they meet the standards of the conditional use criteria. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. -8- 10/02/07 Alice Finst, 707 Place Tavant, Delray Beach, stated she has no problem with the project; however, the access concerns her. She feels this project could be far improved and be better for the developer if staff could work in collaboration with the developer to get a roadway across the railroad tracks. She stated as it stands now the City property is land locked and over 3,000 cars a day will be turned onto Lake Ida Road from this project in conjunction with the traffic that goes to and from Spady Elementary School and the park. Mrs. Finst stated in her opinion it would be far better for the developer, the residents, and traffic control and safety if the City could implement a way that the traffic into this development would come off Congress Avenue. Mr. Dorling stated this is a challenging site with respect to access. However, this is a residential component and noted that this area is a significant industrial area. Mr. McDuffie inquired about the workforce units and asked if condition #4 is still in effect. Mr. Dorling stated condition #4 as modified has been resolved. Mrs. Montague asked if a traffic study was done. In response, Mr. Dorling stated a traffic study was done and it found that worked although it is not ideal. The City Manager stated staff has previously explored the idea of trying to get across the railroad and the only way you can get a railroad crossing approved is if you give up one. The City Manager stated Delray Beach does not have a crossing on the CSX that they could give up. The City of Dekay Beach would have to go to Boynton or Boca and try to persuade them to give one up and stated this is virtually impossible. Mrs. Montague asked if this will assure that the workforce housing will be spread throughout the project. Mr. Dorling stated in their meeting staff made this clear that this was one of the reasons why we preferred it to be delineated but in their reporting mechanism they are going to be telling which unit and where they are located. He stated Lula Butler's department would be monitoring that on a monthly basis and it will be tracked. The City Attorney stated there will be a restrictive covenant and it is difficult when the units are rented and you do not want to move someone out because that is a designated area. Staff is hoping to accommodate that and also provide the overall mix that they generally want. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. McDuffie moved to approve the Board Order as presented, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. -9- 10/02/07 9.C. WAIVER REQUESTS/CALVARY BIBLE ALLIANCE CHURCH: Consider a request for waivers to the Land Development Regulations (LDR) Section 6.1.2(A)(2), which requires right-of--way improvements per LDR Section 5.3.1(C) when a project is adjacent to unimproved rights-of--way and a waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance along S.W. 11th Street associated with a Class IV site plan modification for Calvary Bible Alliance Church, located on the southwest corner of S.W. 10th Street and S.W. 8th Avenue (898 S.W. 10th Street). (Quasi-Judicial Hearing) Janet Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex pane communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2007-106 into the record. Mr. Dorling stated these are two waivers in association with the Class IV site plan modification for the Calvary Bible Alliance Church. These are waiver requests from LDR Section 6.1.2(A)(2), which requires right-of--way improvements per LDR Section 5.3.1(C) when a project is adjacent to unimproved rights-of--way (SW 9th Avenue). The waiver is also to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance between SW 11th Street and the nearest parking space or drive aisle internal to the development. Mr. Dorling stated the applicant has provided approximately 32 feet of the required 50 feet. He stated the rationale for the request is that you have multiple entrances and therefore, the traffic would be distributed throughout the project and not have the need for the 50 feet. Similar waivers have been granted in the past and given the secondary access of the driveway with the primary access being off 10th, staff supports the waiver. Mr. Dorling stated the second waiver is from the right-of--way improvements for S.W. 9th Street and both 9th and Bch are currently unimproved. He stated S.W. 9th Street is actually part of a special assessment and the church has agreed to provide their share and that improvement should be constructed consistent with the development of this project. Mr. Dorling stated Bch is being improved and 9th is not. The relief request is from the requirement to provide fifty percent (50%) of the improvements for 9ch At its meeting of September 10, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the Class IV site plan modification for the Calvary Bible Alliance Church. The Board considered the waivers and recommended approval of each waiver. However, staff suggested a deferral rather than a waiver. Staff recommends that the Commission deny the one waiver and execute a deferral; and, that they support the other waiver relating to the stacking distance. -10- 10/02/07 Anand Peter Shahamad, President of Lee &Shahamad International, I_nc., 6252 Madras Circle, Boynton Beach (Architect for Calvary Bible Alliance Church stated he is in agreement with what staff has proposed. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to approve the Board Order as presented, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: IVIr. Eliopoulos - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. ' At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 31-07 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property that is allowed in the permitted uses of the Central Business District (CBD) Zoning District; amending Subsection 4.4.24(F), "Development Standards", to include an additional property in the Old School Square Historic Arts District (OSSHAD) that is subject to the standards of the Central Business District (CBD) Zoning District. If passed, a second public hearing will be scheduled for October 16, 2007. The caption of Ordinance No. 31-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE PERMITTID USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION 4.4.24(F), -11- 10/02/07 "DEVELOPMENT STANDARDS", TO INCLUDE AN ADDITIONAL PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 31-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated amendment to LDR Section 4.4.24 of the Old School Square Arts District (OSSHAD), subsections (B) Permitted Uses and (F) Development Standards. The subject LDR Amendment is to accommodate a new office building. The subject property is located on the west side of S.E. 1St Avenue, approximately seventy-five feet (75') north of S.E. 1St Street, and contains a contributing structure within the Old School Square Historic District. Mr. Dorling stated it is important to note that there is an alley which staff feels is delineation between the balance of the OSSHAD which is subject to less intense regulations and the more intense regulations that are available for those cross hatch lots. The rationale that is being proposed by the applicant is that there is significantly more intense development adjacent to this property and therefore that should support the intensification of development on that site. Mr. Dorling stated staff is concerned because during the discussion of the expansion for the parking garage it was clearly indicated that this would not serve as a precedent to further intensify and apply this kind of designation up and down this area. He stated staff is concerned that there will be similar arguments being made for the balance of the OSSHAD which is less intense in development than the CBD (Central Business District). Also, there are a significant number of contributing structures on the west side of the alley that separate these properties and we would see similar arguments being made. Mr. Dorling stated since the office use is now permitted in the OSSHAD, staff believes it is more appropriate that the regulations for the OSSHAD be maintained for this property and that special relief (available through the Historic Preservation Board) be applied to this property therefore allowing the development to do what he needs to do and looking at some relaxation of set backs and consequently getting a development that is consistent with the OSSHAD. Mr. Dorling stated this way if property changes hands that we are not stuck with something we do not want. -12- 10/02/07 At its meeting of September 5, 2007, the Historic Preservation Board (HPB) recommended denial of the amendment with a 4 to 1 vote; at its meeting of September 6, 2007, the Community Redevelopment Agency (CRA) considered the subject LDR Amendments and recommended denial of the amendment with a 5 to 0 vote; and at its meeting of September 17, 2007, the Planning and Zoning Board (P&Z) recommended denial of the amendment with a 6 to 0 vote. Mayor Ellis declared the public hearing open. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue. Delray Beach, stated although this matter has nothing to do with the structure which is presently maintained on the property he is handing the Commission a letter of today's date concerning the moving of the house to another property in the OSSHAD (Old School Square Historic Arts District). Also, Mr. Mankoff distributed a handout which includes photos of the subject property, surrounding properties, and Comprehensive Plan and Master Plan provisions. He stated the real issue is compatibility. Francisco Perez-Azua, Architect, briefly discussed the sketch. Claudia Willis, 160 Marine Way, Delray Beach, urged the Commission to support the districts and deny the request. There being no one else from the public who wished to address the Commission regarding Ordinance No. 31-07, the public hearing was closed. Mayor Ellis asked if this would start all over again if a significant change is made. The City Attorney stated it depends if it changes the main purpose of the ordinance then we would have to start again. She stated this would probably not be a change in the main purpose because there are already some limits and this would be additional limits. The City Attorney stated under the new law just recently handed down they can make changes. However, we have to remember that we are not rezoning a particular piece of property but this is a text amendment for the district and including additional property. The City Attorney emphasized that this is not a rezoning so additional conditions that staff may place on this should fit additional conditions for any other properties that also are within this Overlay District. Mayor Ellis expressed concern that some people understood that this ordinance would work as a first reading would work. The City Attorney stated this is a first reading and first public hearing. The City Attorney stated traditionally we have passed things to get them to second reading/second public hearing particularly when they are quasi judicial. This is a public hearing and is not the procedural judicial process. The City Attorney stated she understands that the applicant has requested that the Commission give them a chance for a second public hearing. The Commission can do this or they can deny it tonight and it will not go to a second hearing. -13- 10/02/07 Mr. Eliopoulos stated he would like the applicant to work with staff and consider what staff is offering. Mr. McDuffie concurred with comments expressed by Mr. Eliopoulos. Mrs. Montague asked if Mr. Weiner is asking that the Commission pass this ordinance tonight in order to work with staff. Mr. Weiner stated they would like to work with staff. Mrs. Montague asked the City Attorney if this can be site specific as opposed to a text amendment. The City Attorney stated this would be a whole new process. Mr. Weiner stated there are 29 blocks that are subject to CBD regulations in OSSHAD and they can take a look and see if there are restrictions that are suitable to all 29 blocks. Mrs. Montague expressed concern that this is a text amendment and not site specific. Mrs. Montague asked staff if there is a way to rectify this or come to some sort of agreement within the next two weeks. Mr. Dorling stated there is an agreement that we do not retain the cottage there; but that there is an agreement that there is something transitional and atwo-story office building that has been offered by the applicant is something that staff supports but it is just how it is achieved. Mr. Dorling stated he feels staff can support this not through this amendment but through the current regulations and the ability to consider changes and staff can talk to the applicant and indicate what staff would support. Mr. Eliopoulos expressed concern over this affecting the entire district. Brief discussion between staff and the Commission followed. Mayor Ellis stated she is in favor of giving the applicant a couple of weeks in the hopes that this could be resolved by the applicant and staff with them understanding the Commission's concerns about this text amendment. Mr. McDuffie moved to approve Ordinance No. 31-07 on First Reading/First Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated at the last meeting there were a few people including Mrs. Finst who inquired about the project to redo the front of the Fire Station and that is part of the Downtown Master Plan. He stated the City has a capital project for this and the estimated cost is $377,000.00. The City Manager stated this is currently scheduled in fiscal year 2010/2011 but because of the fiscal restraints the City is facing, -14- 10/02/07 this is the type of capital project that will be more difficult to fund. 11.B. From the Public. 11.B.1. Alice First, 707 Place Tavant, Delray Beach, stated when she received her agenda on Friday she came across items on the Consent Agenda (Items 8.D, 8.E., 8.F., 8.G., 8.H., and 8.I.) and she was not sure of who was giving what to whom and in what proportion. Therefore, she decided to go to the backup on the Internet but it was not up. She stated she searched again and found not only is the agenda posted but an unknown number of pages from the previous meeting are also posted and you have to skip around while searching for something. Mrs. Finst asked if on the backup search you can search by item number (i.e. Item 9.A.) this way instead of having to search and browse you can just find the item and go right to it. Secondly, Mrs. Finst stated with regard to the numerous items for the Community Redevelopment Agency (CRA) on the Consent Agenda, she asked if the Commission could go through these items and let her know who is paying what to whom. The City Attorney stated Mrs. Finst is welcome to call the City Attorney's office and she will explain what the items are. The City Manager stated staff recognizes that getting the agenda backup now is a cumbersome process but when the paperless agenda comes up it will all be right there. He stated hopefully the Commission will have a trial run the second meeting in October (Workshop) and by November we should be fully operational. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 48-07: An ordinance amending Chapter 37, "Delray Beach Code Enforcement," of the Code of Ordinances by amending Section 37.45, "Supplemental Code Enforcement Procedures", Subsection 37.45(L), "Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure", to provide for the placement of liens due to unpaid citations. If passed, a second public hearing will be scheduled for October 16, 2007. The caption of Ordinance No. 48-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT" OF THE CODE OF ORDINANCES BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION 37.45(L), "RECOVERY OF UNPAID -15- 10/02/07 CIVIL PENALTIES; UNPAID PENALTY TO CONSTITUTE A LIEN; FORECLOSURE", TO PROVIDE FOR THE PLACEMENT OF LIENS DUE TO UNPAID CITATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) The official copy of Ordinance No. 48-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance and stated this ordinance is providing for an automatic attachment of the unpaid lien to the property. Mr. Eliopoulos moved to approve Ordinance No. 48-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 47-07: City initiated amendment to the Land Development Regulations (LDR), amending Section 1.4.1, "Interpretation of Land Development Regulations", Article 2.2, "General Provisions", Sections 2.2.1, 2.2.4, 2.4.3,7.1.3,7.8.9,7.8.12,7.8.14,7.8.15,7.8.16,7.8.17,7.8.18, 7.8.19, 7.8.20, 7.8.21, and 7.8.22 and repealing Section 2.25 and 7.8.13 to substitute "Board of Adjustment" for "Board of Construction Appeals". If passed, a second public hearing will be scheduled for October 16, 2007. The caption of Ordinance No. 47-07 is as follows: 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 1.4.1, "INTERPRETATION OF LAND DEVELOPMENT REGULATIONS", SUBSECTION (A), "BUILDING REGULATIONS"; AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS"; AMENDING SECTION 2.2.1, SUBSECTION (A), "QUALIFICATIONS"; AMENDING SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", AND REPEALING SECTION 2.2.5, "THE BOARD OF CONSTRUCTION APPEALS", IN ORDER TO COMBINE BOTH SECTIONS INTO A NEW SECTION 2.2.4, "THE BOARD OF ADJUSTMENT"; AMENDING SECTIONS 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K)(1), "DEVELOPMENT APPLICATIONS", IN ORDER -16- 10/02/07 TO REMOVE REFERENCE TO BOARD OF CONSTRUCTION APPEALS; AMENDING SECTION 7.1.3, "BUILDING CODE", SUBSECTION (A), SECTION 7.8.9, "INVESTIGATION; NOTICE", SUBSECTION (A)(5), SECTION 7.8.12, "STANDARDS FOR DETERMINING ACTION TO BE TAKEN BY BUILDING OFFICIAL", AND REPEALING SECTION 7.8.13, "PROCEDURAL MATTERS, BOARD OF CONSTRUCTION APPEALS", AMENDING SECTION 7.8.14, "APPEALS, GENERALLY; BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.15, "DECISIONS, GENERALLY", SECTION 7.8.16, "APPEALS, AUTHORIZED FORM", SECTION 7.8.17, "HEARING, FAILURE TO APPEAR AT HEARING, BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.18, "RULES OF PROCEDURE FOR HEARING APPEALS, BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.19, "STAYING OF NOTICE UNDER APPEAL TO BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.20, "FAILURE TO COMPLY WITH FINAL ORDER OR DECISION", SECTION 7.8.21, "RECOVER OF COST OF DEMOLITION; LIENS", AND SECTION 7.8.22, "VIOLATIONS; PROVIDING FOR INDEPENDENT JUDICIAL PROCEEDING", IN ORDER TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF CONSTRUCTION APPEALS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 47-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Montague moved to approve Ordinance No. 47-07 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:48 p.m., the Commission moved to Item 9.D. of the Regular Agenda. 9.D. REQUEST _FOR IN-LIEU PARHING SPACES/DRAGONFLY RESTAURANT: Consider a request from the Dragonfly Restaurant for the purchase of six (6) in-lieu parking spaces in the amount of $39,000 to accommodate the conversion of use of a historic single family residence to a restaurant. The Dragonfly Restaurant is located at 125 N.E. 1st Avenue. (Quasi-Judicial Hearing) -17- 10!02/07 At this point, Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Janet Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated this is a request from the Dragonfly Restaurant for the purchase of six (6) in-lieu parking spaces to accommodate the conversion of use of a historic single family residence to a restaurant. The Dragonfly Restaurant is currently located at 125 N.E. 1St Avenue has submitted an in-lieu of parking request in association with the conversion of a historic single family residence to restaurant. The existing structure was constructed in 1937 and relocated to its current site in the Old School Square Historic District in 1949. There are currently two (2) structures on the site totaling approximately 1,758 square feet. The conversion includes the demolition of approximately 250 square feet of a rear addition to accommodate five (5) off-street parking spaces accessed from the alley and construction of a 316 square foot addition joining the two buildings. Due to site constraints, it is impossible to provide more than the five (5) proposed spaces. The applicant is requesting to purchase six (6) in-lieu parking spaces at a cost of $7,800.00 per space. Based on the parking requirements of the Land Development Regulations (LDR) Section 4.4.24(G)(4), 6 spaces per 1,000 of total floor area, the 1,824 square foot restaurant requires 11 spaces (1,824 x 6 = 10.94, rounding up to 11). The development proposal includes the construction of two (2) on-street parking spaces, thus reducing the total in- lieu fee from $46,800 to $39,000. LDR Section 4.6.9(E)(3)(e) also allows for up to 50% credit for additional public parking spaces constructed in the right-of--way adjacent to the property. The fee will be paid via an in-lieu of parking fee payment agreement. The Pineapple Grove Main Street (PGMSB), Community Redevelopment Agency (CRA) and the Parking Management Advisory Board (PMAB) reviewed the request and all Boards recommended approval of the applicant's request. Staff recommends approval. Tammy Sickle, 305 N.W. 22"d Street, Delray Beach (Applicant), stated this also went before the Historic Preservation Board and noted that she has worked in OSSHAD before and did the Vintage Rose project. She noted she is very familiar with the district and preserving properties. She has also done residential properties in Delray Beach that are on the local historic register. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the in-lieu request, to please come forward at this time. There being no one from the public who would like to address the Commission, the public hearing was closed. -18- 10/02/07 There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. McDuffie moved to approve the Board Order as presented, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Ellis -Yes; Mr. McDuffie -Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.E. APPOINTMENT OF OUTSIDE COUNSEL/JETPORT II, LLC AND SUN RECYCLING, LLC V. THE CITY OF DELRAY BEACH AND THE DELRAY BEACH CODE ENFORCEMENT BOARD: Consider the appointment of the law firm of Holland & Knight, LLP as outside counsel for the City in the case of Jetport II, LLC and Sun Recycling, LLC v. The City of Delray Beach and the Delray Beach Code Enforcement Board, at no cost to the City. The City Attorney stated the City of Delray Beach has been served with a lawsuit filed by Solid Waste Systems against the City of Delray Beach. The City of Delray Beach has a franchise agreement with Waste Management and as part of that franchise agreement. we also franchise a particular collection called construction and demolition roll-off container removal which the previous City Commission some time ago approved. The franchise agreement with Waste Management terminates September 2008. The'City Attorney stated Solid Waste Systems wants to collect items that the City feels are construction and demolition debris which are protected by the franchise which they feel is recycling. In accordance with the State Statute, the City feels fairly certain that their reading is correct and the City has a duty to protect the franchise and not allow breaches to occur. Thus, the City of Delray Beach is being sued and Waste Management is going to be a party to the lawsuit. Holland & Knight, LLP has agreed to represent not only Waste Management but the City of Delray Beach at no cost in this case. Staff recommends that the City of Delray Beach accept this offer as long as there are no conflicts. Mr. McDuffie moved to appoint Holland & Knight, LLP as outside counsel for the City of Delray Beach in the case of Jetport II, LLC and Sun Recycling, LLC v. the City of Delray Beach and the Delray Beach Code Enforcement Board, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.F. CONTRACT AWARD/ALL-RITE PAVING CONTRACTORS. INC.: Consider approval of a contract award to All-Rite Paving Contractors, Inc. in the amount of $135,804.50 for the construction of the west parking lot at the Delray Beach Swim and Tennis Center Project and consider waiving the irregularity of the lack of -19- 10/02/07 acknowledgement of Addendum No. 1. Funding is available from 117-4133-572-65.57 (Recreation Impact Fee FD/Swim and Tennis Parking Lot). Randal Krejcarek, City Engineer, stated this is for an award of a contract to All-Rite Paving Contractors, Inc. for the resurfacing, installation of lights, landscaping and irrigation for the west parking lot closest to the Swim and Tennis Center. The low bidder is $135,804.50 and part of the issue is the non-acknowledgement of Addendum #1. For all the contracts that are bid publicly, the City holds a mandatory pre-bid meeting and in this meeting Addendum #1 was handed out to all the bidders that were in attendance. Therefore, if someone signs the sign-in sheet for attendance at the mandatory pre-bid meeting then they actually received Addendum #1. Mr. Krejcarek stated staff sent out Addendum #2 and as part of it Addendum #1 was also included in it also, therefore they received it twice. He stated staff always sends out an addendum after the mandatory pre-bid meeting to answer any questions that may have come up during the meeting and staff also sends out the minutes so everyone is aware of what is going on or what went on during the meeting. Mr. Krejcarek stated staff recommends award to the low bidder All-Rite Paving Contractors, Inc. The difference between the first and second bidder was $37,150.00. Staff also requests that Commission wave the irregularity of the lack of acknowledgement of Addendum #1. Mr. Eliopoulos asked what Addendum #1 is and if there were any cost related items. Mr. Krejcarek stated Addendum #1 were questions related to the construction process and how they would do the work and what the City expected. Furthermore, he stated many of these are actually in the measurement payment were it is explained what is included in each item that the City is paying. Mr. McDuffie asked if this can be included in the package from now on because he looked all over for Addendum #1 to determine what it was the Commission was going to allow. Mr. Krejcarek stated the City holds a mandatory pre-bid meeting and the first time the City bid this project the bids were thrown out and then re-bid it. He stated Addendum #1 contain some of the questions that came up during the first bidding process. Since Addendum #1 was handed out at the mandatory pre-bid meeting staff included it in Addendum #2. He stated as far as the quantities were concerned and the actually bid tab in the agenda packet, Addendum #1 did not affect that at all and everything was with Addendum #2. Mr. McDuffie asked other than acknowledgement did it require information back from the bidder. Mr. Eliopoulos appreciates going with the low bidder; however, he expressed concern over the landscaping and noted they are actually half of everyone else and wants to make sure that we are not getting half the landscaping price wise. -20- 10/02/07 Mr. Krejcarek stated all of the bid items have a measurement payment paragraph that describes what the City expects to be included in that number so all bidders are bidding on the same content. Mr. Diaz, President of Palm Beach Building Group (second lowest bidder for the project), stated that All-Rite Paving Contractors, Inc. is not the lowest bidder. The City Attorney asked if they have filed a bid protest in writing and explained there is a bid protest procedure. He stated the low bidder did not acknowledge Addendum #1 and noted he is not a licensed contractor and does not have a Certificate of Competency in Palm Beach County but they do have one for Broward County. Mr. Krejcarek stated the City does not require the contractor to be a general contractor but they do have a paving commercial license with Palm Beach County and they also have an underground license. He stated this is correct with regard to the comments expressed about the City throwing out the first bid. Mr. Krejcarek stated there are restrictions on how much you can put (i.e. clearing grubbing) and if it is over a certain percentage it warranted throwing the bids out. Mrs. Montague asked if Mr. Krejcarek has received Addendum #1 from the low bidder at this point. Mr. Krejcarek stated he has not received Addendum #1 from the low bidder. Mr. Krejcarek stated the bidders submit their acknowledgements with their bids and the City does not accept anything after that. Mrs. Montague inquired if staff sees a potential issue that the City could face with the contractor without a signed acknowledgement form. Mr. Krejcarek stated he does not foresee a problem because Addendum #1 contains just questions and answers. Mrs. Montague asked if the contractor's licenses adequately cover the scope of work. Mr. Krejcarek stated they will be paving the parking lot and feels the contractor's licenses adequately cover the scope of work. Mr. Eliopoulos expressed concern that when you bid a job you have to go by the rules and he is a little weary of waving something even though it is not directly affected by cost. He stated other people followed the rules and he is not totally convinced that anything should be waived. The City Attorney explained that the bid documents and City ordinances specify that the Commission has the power to waive irregularities. She stated the Commission has to determine if this is unfair in any way not because someone did not do it but what affect does that have. The City Attorney stated after this is determined and the Commission feels that they should not waive it then the option are that they would throw out the lowest bid because it did not meet the requirements of the bid and then they can go with the second low bidder. Or, if the Commission does not feel the bids are somewhat responsive they can start all over again. -21- 10/02/07 Mr. McDuffie moved to table to the Special/Workshop Meeting of October 9, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.G. SPECIAL EVENT REOUEST/HOWARD ALAN 1St ANNUAL DOWNTOWN DELRAY BEACH NEW YEAR'S EVE CRAFT FESTIVAL: Consider an approval of a special event request to endorse the 1St Annual Downtown Delray Beach New Year's Eve Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. to 5:00 p.m. on December 29, 2007 -December 30, 2007, granting a temporary use permit per LDR Section 2.4.6(F) for the closure of N.W. 3ra Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center Parking lot, to utilize the north lot at the City Hall parking lot for vendor parking, authorize staff support for police traffic control and security, barricading, fire inspector services and event signage to be installed one (1) week prior to event with the sponsor paying all overtime costs; contingent upon receipt of an executed Hold Harmless Agreement. Robert A. Barcinski, Assistant City Manager, stated this is a request from Howard Alan Events, Ltd. to endorse the lst Annual Downtown Delray Beach New Year's Craft Festival proposed to be held on December 29-30, 2007 from 10:00 a.m. to 5:00 p.m. to grant a temporary use permit for the closure and use of N.W. 3ra Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center Parking lot, to provide staff support for traffic control and security, barricading and for fire inspection services. This is a new event; however, through consultation with City staff, the event sponsor will utilize private security for day and night, which will minimize our staff support costs. Total estimated City costs for this event are $1,320.00. Per event policies and procedures, the event sponsor is responsible for the payment of all City costs. Staff recommends endorsement of the event, granting of the temporary use permit for the street closure on N.W. 3ra Avenue and Tennis Center Parking lot, providing staff assistance for security and traffic control, barricading, fire inspection services, and allowing the event signs to be installed one week prior to the event with all overtime costs to be paid by sponsor. Mr. Eliopoulos moved to approve the special event request for the 1St Annual Downtown Delray Beach New Year's Eve Craft Festival subject to staff recommendations and conditions, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board for an unexpired term ending July 14, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). -22- 10/02/07 Mayor Ellis stated she would like to appoint Kelli Freeman as an alternate member to the Code Enforcement Board for an unexpired term ending July 14, 2010. Mrs. Montague so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he had a great time in Alaska and for those who have not been he highly recommends going. Mayor Ellis asked the City Manager to speak on the award potential and commented that she understands the City is eligible for the City of Excellence Award. The City Manager stated the City has been nominated for the City of Excellence Award and the City had an employee who was not selected as a finalist. The Awards Banquet will be held during a luncheon at the conclusion of the Legislative Conference in November in Orlando. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Eliopoulos Mr. Eliopoulos stated it was good to see Commissioner Montague along with Susan Ruby also participating in "Walk a Child to School Day". 13.C.2. Mr. McDuffie Mr. McDuffie stated the reason he was absent from the last meeting is because he was in Indianapolis for his wife's High School Class Reunion and they had a wonderful time. Mr. McDuffie stated Indianapolis (Marion County) is very much like Duval County where they have a combined City and County Commission and a Mayor for all of Indianapolis and Marion County. He stated he tuned into a Commission Meeting while he was up there and noted they discussed property taxes. Mr. McDuffie stated he read an article in the newspaper the next day and they agreed to reduce property taxes by $50,000,000.00 in Marion County. However, they turned around and raised personal income tax by 65%. Mr. McDuffie stated we look at property values in Florida and many people think that it is a Florida issue but noted the housing values is a - 23 - 10/02/07 nationwide issue except for a few small depressed areas all across the country. He stated there may not be property tax problems all across the country, but he feels there are certainly problems in Marion County, Indiana, as well as, what we do in the State of Florida to the point where it brings many people out to these Commission Meetings. Mr. McDuffie stated the value of property in Marion County is nowhere near what it is here. Secondly, Mr. McDuffie stated he received an email he believed from the City Manager about information he received from the Property Appraiser's office on the percentage decrease if the proposed amendments were to have passed; and, a percent of property tax change if those do not pass. Mr. McDuffie commented about another statistic and stated the interesting thing is that in the City of Delray Beach if the proposed legislation, which has now been stripped down by the courts and appealed, were to pass, 47.4% percent of the property owners in the City of Delray Beach would derive zero benefit from it. 13.C.3. Mrs. Montague Mrs. Montague commented about the Chamber of Commerce Luminary Gala where the Business of the Year is Ocean Properties and Small Business Person of the Year is Nancy Stewart. Mrs. Montague extended congratulations to both of them and stated it was a great event. Secondly, Mrs. Montague commented about "Walk a Child to School Day" and stated she walked with a young lady (Olivia) who has been here for three months and is originally from Jamaica. She stated while walking, the young lady had the opportunity to meet Commissioner Eliopoulos, Police Chief Larry Schroeder, Fire Chief David James, and the City Attorney Susan Ruby. Mrs. Montague stated out of everyone she met, Olivia was most impressed with the City Attorney as a role model because she legally controls the City of Delray Beach. Lastly, Mrs. Montague commented about the City Hall lobby improvements. Mrs. Montague extended a special thanks to Amanda Solomon, Telecommunications Systems Manager and Monique Burton, Customer Service Assistant for overseeing the painting, the new fall flowers and the entire theme. Mrs. Montague stated they have gone above and beyond in terms of S.P.I.R.I.T. 13.C.4. Manor Ellis Mayor Ellis stated there has been construction going on across the street from her house for about one and one half (1 %) years and as she left this morning to go to the "Walk a Child to School Day" she made it two blocks and had two flat tires. Secondly, she stated she attended the Palm Beach County Commission Meeting today and has decided for Christmas she needs a GPS (Global Positioning System). -24- 10/02/07 Mayor Ellis stated the Heritage Fest was a big success last weekend. Mayor Ellis commented about the Chamber of Commerce Gala Saturday night and stated Jennifer Buce, Litter Prevention .Coordinator, received the Ken Ellingsworth Community Service Award. Lastly, Mayor Ellis stated she was in the spelling bee with the Literacy Coalition with the Mayor of Wellington and they made it four rounds. There being no further business, Mayor Ellis declared the meeting adjourned at 8:30 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on October 2, 2007, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 25 - 10/02/07 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER-LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME Eliopoulos, Gary P. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORTY, OR COMMITTEE Delray Beach City Commission MAILING ADDRESS 205 George Bush BOUleVard THE BOARD, COl1NCIL; COMMISSION: AUTHORITY OR COMMITTEE ON wNICHISERVEISAUNITOF: pTY COUNTY" CrrY D COUNTY O OTHER LOCAL AGENCY Delray .Beach., Florida 33444 -Palm Beach . wunEOFNOLmcALSUBav>SION: DATE ON.WHICH VOTE OCCURRED October 2, 2007 MYPOSmONlS: ~-7 ELECTIVE 0 APPOINTIVE WHO MUST FILE-FORM 86 This form i5 for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. !t applies equally to members of advisory. and non-advisory bodies who are presented with a voting. conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary:greatly. depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH-SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or otherlocal public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain;or loss. Each-elected or appointed .local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the specal private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this taw, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation 'are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 GAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. < • APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PR10R TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM BB-EFF.1/2000 Item 8.B„= Item 9.A.A. PAGE1 APPOINTED OFFG~RS-(~ollttinuedl , • A oopy.of the f6rm~'trtust be provided immediately,to the other members of the agency: • The form must`be read. publicly at the next meeting after fhe form is filed. IF YOU MAKE NO ATTEMPT TO.INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally.the nature of your ognt]ict in the measure; before participating. ;, . • You must complete the forrn and file it wrthiri 15 days after the vote occurs with the.`person responsible for reoord'iag the mi~tutes of:the meeting, who must incorporate the form in the minutes: A copy of the form must be provided immediately to the other members of the agency, and the: form must be read. publicly at the next meeting after the form is filed. DISCLOSURE OF .LOCAL OFFICER'S.. INTEREST 1, Gary P. Eliopoulos ,hereby disclose that on October 2 , . 20 07 (a) A measure came or wilPcome before my agency which (check one) inured to my speclal private gain or loss; . inured to~th'e specal gain or toss'of my business assoclate, K„n i £~ F.1 i onrni l o s ` A ch; s, 'P . A. inured to the speclal gain or loss of my relative, ; _ inured to tf~e speciakgain orloss of , by whom I am retained; or inured_ to theapecal gain ~ loss>of . -, . ~ ,which is the parent organization or subsidiary. of a ,principal which has retained me. (b) The. measure. before my;agency ahd the nature of my conflicting interest in the measure is as follows: October 2 Date Filed _ ._. 2007_ ____ - Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $Y0,000. CE FORM 88 - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND -OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-MIDDLE NAME Eliopoulos, Gary P. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Delray Beach City Commission MAILING ADDRESS 205 George Bush Boulevard THE BOARD; COUNCL, COMMISSION: AUTHORITY oR COMMnTEE ON WHICH I sERVE is A uNlroF: GTY COUNTY CITY l] COUNTY ^ OTHER LOCAL AGENCY Delray Beach, Florida 33444 Palm Beach napaEOFPOLmcAl.susolvlSloN: DATE ON WHICH VOTE OCCURRED October 2, 2007 MY POSITION 6S: ~7 ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 86 This form i5 for use by any person serving at the county, aty, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position: For this reason, please pay Gose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or otherlocal public office MUST ABSTAIN from voting on a measure which inures to his or her special private gainor loss. Each elected or appointed .local officer also is prohibited from knowingly voting on a°mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" inGudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . . . . . . . . . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you othenxise may participate in these matters. However, you must disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form {before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. t/2000 PAGE 1 Item 9.D~ APPOINTED OFFICERS:(continuedy • A Dopy of the form must be' provided immediately to-the other members of the agency. • The form must be read publicly at,the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally-the nature of your conflid in the measure: before particlpating. ,, • You must complete the form and file it`within 15 days after the vote occurs with the person responsible for recording the minutes of:the meeting, who must incorporate-the form in the minutes. A Dopy of the form must be provided immediately to the other members of the agency. and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S. INTEREST i, Gary P. Eliopoulos ,hereby disclose that on October 2 , 20 07 - (a) A measure came or wilt come before myagency which (check one) _ inured to my special private gain or loss; inured to the special gain or bss of my business associate, Ku~i' ~ F.1 i opoul o.a Ar hit t , P . A. inured to the special gain or loss of my relative, , _ inured to tfie special gain orioss of b Y whom I am retained; or _ inured_to thespecial,gain or loss of ,which is the parent organization or subsidiary, of a ,principal which has retained me. (b) The. measure before my agency and the,nature of my confliding interest in the-measure is as follows: October 2, 2007 _ Date Filed Signat NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR SOUTH COUNTY MENTAL HEALTH CENTER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use modification request has come before the City Commission on October 2, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for South County Mental Health Center. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use Element Obiective A-1/Future Land Use Map: Is the property developedlredeveloped so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs and is consistent with the Land Use Map? Yes 4 No 0 b Concurrence: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 4 No 0 ~~em q-A c. Consistency: Will the granting of the modification conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes 4 No 0 II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use1: Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes 4 No 0 b. REQUIRED FINDINGS RELATING TO DEVELOPMENT IN THE COMMUNITY FACILITIES (CF1 DISTRICT: Pursuant to LDR Section 4.3.4(K): CF Min.Lot Size Min. Min. Lot Min. Lot Min. Perimeter Max. (sq.ft.) Lot Depth Frontage Open Landscaping Bldg. Width (ft.) (ft.) Space Setback (ft.) Height ft. % ft. Re uired 0 0 0 0 25% 10 48 Provided 10.03 acres 234.36 1,266.33 234.36 67% >20' +/- 20' Will the standards provided in the Matrix be met? Yes 4 No 0 Pursuant to LDR Section 4.6.9(C)(6)(q), adult congregate living facilities, residential licensed service provider facilities and nursing homes shall provide one space for each of four beds. The proposed forty (40) beds will require ten (10) additional parking spaces. Eighteen (18) parking spaces are being provided. Is this requirement met? Yes 4 No 0 2 3. The comments and notes set forth in the staff report are hereby incorporated herein 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the development application request was submitted and finds that its determinations as herein set forth are consistent with the Comprehensive Plan. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves x denies the conditional use modification request and hereby adopts this Order this 2nd day of October, 2007, by a vote of 4 in and 0 opposed. Rita EII s, Vice Mayor ATTEST: ~o~'. Chevelle Nubin '- + q>o Maoo~ City Clerk 3 e IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR HISTORIC DEPOT SQUARE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on October 2, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Historic Depot Square. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and I1. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes 4 No 0 b. Concurrencv: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the Concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 4 No 0 ~~-pm q. II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes 4 No 0 b. Performance Standards for Density Increase: Does the applicant meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in excess of 6 dwelling units per acre to 12 dwelling units per acre? Yes 4 No 0 c. Consistency with Article 4.7 (Workforce Housing): Is the development consistent with and meets the criteria set forth in Article 4.7 (Workforce Housing) of the LDR's in order to allow the applicant a density bonus? Yes 4 No 0 The total density, based upon (b) and (c), is 23.93 dwelling units per acre. 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 2 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves X denies the conditional use request subject to conditions attached hereto and as set forth on Pages 11, 12, 13 and 14 of the Planning and Zoning Board Staff Report with Condition #4 modified as attached hereto and hereby adopts this Order this 2nd day of October, 2007, by a vote of 4 in nd 0 opposed. 'ta Ellis, Mayor ATTEST: , ~o~: Chevelle Nubin io +/x.007 City Clerk 3 CONDITIONS The development proposal incorporates the following: O Construction of two (2) two-story buildings with a total of 90,135 square feet of office area, and two (2) four-story buildings that contain a total of 296 multiple family dwelling units; afive-story 340 parking garage, and 528 surface parking spaces. The residential portion of the development consists of 78 one-bedroom units, 170 two- bedroom units, and 48 three-bedroom units. Seventy five (25%) of the units will be workforce units representing 20 one-bedroom units, 43 two-bedroom units, and 12 three-bedroom units; ^ Construction of a swimming pool and garden terraces within the courtyards of the residential buildings. Additional recreational features include a children's playroom, teen game room, cyber cafe, and an exercise room; and ^ Relocation of the Depot Road right-of-way to the west side of the property and construction of improvements that include landscaping, parallel on street parking spaces, drive lanes, vehicular roundabout, and sidewalks. 4 CONDITIONS 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" -Technical Items" attached in the staff report; 2. That a bus shelter be provided near the intersection of Lake Ida Road and Depot Road; 3. That a letter from the Palm Beach County traffic Division indicating that the proposed development complies with the Palm Beach County Traffic Performance Standards Ordinance be provided; and 4. That the plans be revised to graphically note the specific units that will be reserved for workforce housing or as otherwise approved and monitored by the City and as set forth by restrictive covenant. 5. That floor plans for the recreational facilities be provided. EXHIBIT "A" TECHNICAL ITEMS 1. Pursuant to LDR Section 5.3.3(F), the water and sewer mains need to be extended to the furthest points of the property both north and south. 2. The applicant needs to contact the Florida Department of Transportation to determine the drainage requirements sought by the State. 3. Per LDR Section 4.3.3(00), generators are required for all interior corridor lighting and exit signs and at least one public elevator. 4. Per LDR Section 4.3.3(000), generators are required for all new clubhouses, which would include the lobbylcyber cafe/game room areas. 5. The applicant needs to contact the railroad to obtain approval of the trees along Depot Road, since the overhang of trees into the right-of-way is typically discouraged. 6. Per LDR Section 4.6.8, the maximum illumination is 4 foot candles, which is exceeded in the ground parking areas and the garage. The photometric plan needs to include all stories of the garage and how the light fixtures will be screened from off-site. 7. A hold harmless and landscape maintenance agreement will be required for the installation and maintenance of the landscaping within the public right-of-way. 8. The on-site parallel parking lot needs to have signage that clearly indicates that it is one-way or widened to 24 feet fortwo-way traffic flow. 9. Per LDR Section 6.1.8, a note needs to be added to the site plan that indicates that all services utilities will be located underground. 10. The sound dampening measures employed by the proposed development need to be provided with the submittal. 11. Given the shared parking, drainage, etc. the property needs to platted and maintained as a unified development with due cross-access stipulation within the property owners documentation. The maintenance responsibilities of the common areas need to delineated in this documentation. 12. Per 4.6.16(H) (3) (d'} the applicant shall provide a landscape barrier between the vehicular use area and abutting property. This landscape barrier shall be not less than five (5) feet in width. This has not been provided along a portion of the east perimeter of the site (east of parking garage in the lot with nine (9) compact spaces). 13. Light poles shall be centered between the proposed trees. There are conflicts between some of the proposed site lighting and trees. Although the light poles shall be centered between the trees, the spacing of the trees around the perimeter of the site shall not exceed thirty (30) feet. Currently, the gaps between many of the trees are as much as fifty (50) feet. Several of the double back-back lights are oriented to be parallel with the landscape strips that separate the parking rows. If the heads are rotated to be perpendicular to the landscape strips, there would be less interference with the tree canopies. 14. There are other conflicts between proposed utilities (fire hydrant, water lines, etc.) and landscaping. In addition, some of the trees and other landscaping are shown within utility easements. Per 4.6.16(H) (3) (o) landscaping may be permitted in easements only with the written permission of the easement holder. Written permission shall be submitted as part of the site plan or landscape plan review. 15. Per 4.6.16(H) (3) (I) landscape islands shall contain a minimum of seventy-five (75) square feet of plant able area, with a minimum dimension of five (5) feet, exclusive of the required curb. A note on the plan indicated that the typical island width is six (6) feet inclusive of the curb but some of the islands did not meet this requirement. 16. The proposed hedge adjacent to the parking lot along the west side of the `Business A Building' and the hedge adjacent to the parking lot (by the triangular retention area) along the east side of that building are not necessary. There is ample screening of the vehicular use areas from the plantings along the property lines. If the hedges adjacent to the vehicular use area are eliminated, there will be abetter vista of the landscape instead of hiding it. 17. The applicant shall provide the visibility triangles on the landscape plan and add a note to the plan that requires all plantings within the visibility triangles to be installed and maintained at a height not to exceed 36 inches. Some of the proposed plant material may need to be eliminated. 18. The list of Sabal palms to be relocated shown on Sheet TS-1 references Sheet LP- 1 for the new locations. Some of them can be found on Sheets LP-4 & LP-5 but not on Sheet LP-1. Not all of the palms to be relocated can be found on any of the plans. The plant list only shows the new palms but does not reflect the palms to be relocated. The applicant shall show all of the new locations and make the necessary corrections. 19. FDOT permits are required for this project. Submit copy of FDOT pre-application letter to City Engineer. 20. Provide existing elevations on existing roadway including edge of pavement and center line. 21. Provide finished floor elevation. If finished floor elevation is less than 18-inches above centerline of adjacent road a certification is required from a professional registered engineer stating that the property has adequate drainage to ensure that flooding will not occur in a 100-year storm event. LDR Section 7.1.3 (B) (2). 22. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1 "). Provide signed and .sealed drainage calculations and indicate how storm water will be retained on site. See LDR Section 2.4.3 (D) (4) and (7). 23. Clearly dimension driveway width. Maximum driveway width of driveway is 24 feet. 24. Clearly indicate limits of right of way and center line of the right-of-way of any adjacent streets per LDR Section 2.4.3(B)(5). 25. Provide location of existing water service on engineering plans. 26. Indicate where proposed water main will connect to existing water main east of I- 95. 27. Minimum size of water main in City of Delray Beach is 8-inches. Material of proposed water main is to be Ductile Iron Pipe or C-900. 28. Provide double valves at connection points. 29. Provide copy of Palm Beach City Well Permit required for irrigation. 30. Irrigation system needs to be designed so it can be converted to reclaimed water when made available. Verify requirements with Public Utilities. 31. Provide exclusive 12-feet water and sewer easements over water and sewer mains. 32. Indicate typical configuration and location of proposed sewer services with cleanouts. A cleanout will be required on the existing sewer service at a maximum distance of 18-inches from the right-of way line and/or easement line. 33. Indicate how existing building will be served with water & sewer. 34. Provide larger splitter islands at roundabout. 35. Provide on the detail sheet City of Delray Beach Standard Detail WW 4.1, WW 5.1 or 5.2 (which ever is applicable). 36. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs. placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. 37. Show and clearly label all easements on Landscape Plans. 38. A minimum 10-feet general utility easement is to be provided through the property. 39. Provide location of proposed street lights and address responsibility for installation and maintenance per LDR 2.4.3 (D) (6). 40. That a covenant be submitted for approval by the City Attorney's Office and recorded. 41. Due to the parking area at the entrance to the garage and resulting pedestrian activity, a tactile warning devise should be installed at the exit from the garage. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR CALVARY BIBLE ALLIANCE CHURCH ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on October 2, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests, for Calvary Bible Alliance Church. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 6.1.2(A)(2), concurrent, or prior to, construction associated with an approved development application, the development shall provide for the construction of improvements as identified in Section 5.3.1(C) and off-site improvements to the following extent: When the street or alley is located on a boundary of the project, the project is responsible for providing one-half of the current cost (in cash funds) of such improvements along its property line. The SW 8th Avenue and SW 9th Avenue rights-of-way are currently unimproved. With respect to SW 8th Avenue, the City is currently creating a local assessment district which will require adjacent property owners to pay for the paving improvements on a frontage basis. The City will improve the SW 8th Avenue right-of-way concurrently with the subject development proposal. The applicant has submitted a waiver request from the requirement to contribute half of the cost of improvement of SW 9th Avenue. Pursuant to LDR Section 4.6.9(D)(3)(c)(1), a 50-foot stacking distance between the right-of-way and the first parking space/aisleway is required along SW 11th Street while 32 feet is provided. The applicant has submitted a waiver request to reduce the stacking distance to 32 feet. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Should the waiver of Section 6.1.2(A)(2) be granted? Yes 0 No 4 1 f+em 9.C Should the requirements of Section 6.1.2 (A) (2) be deferred until such time the City may, in its sole discretion, request the Applicant comply with this Section at some future date. Yes 4 No 0 *subject to Deferral Agreement Would the waiver of Section 4.6.9(D)(3)(c)(1) comply with the requirements of 2.4.7(8)(5)? Yes 4 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver request and deferral to LDR Sections 6.1.2(A)(2) and 4.6.9(D)(3)(c)(1). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2"d day of October, 2007, by a vote of 4 in favor and 0 opposed. ATTEST: Rita Ellis, Mayor ~o~; Chevelle Nubin, City C erk ~~/~q~ap~~ 2 SPECIAL/WORKSHOP MEETING OCTOBER 9, 2007 A Special Meeting of the City Commission of the City of Dekay Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, October 9, 2007. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Absent - Commissioner Fred Fetzer Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Lanelda Gaskins, Executive Assistant/Agenda Coordinator Mayor Ellis called the special meeting to order and announced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA 1. ENCHROACHMENT AGREEMENTLENCE INSTALLATION AGREEMENT/ROYAL ATLANTIC/BOB FEDERSPIEL GARAGE: Approve an agreement between the City and Ocean City Place, LLC providing that the City is released from any claim regarding any issue pertaining to the encroachment of chemical grout located adjacent to the north face of the Bob Federspiel Garage building; and approve a fence installation guaranty agreement allowing Royal Atlantic to construct at its own cost a louvered fence on the top floor of the Bob Federspiel Garage Building. Susan Ruby, City Attomey, presented this item. Mrs. Ruby discussed a couple of reasons Ocean City Place, LLC requested a fence built on the rooftop of the Federspiel Garage at its own cost. She explained this cost would be at the expense of the Ocean City Place, LLC. Mr. Eliopoulos expressed several concerns with the application, panel anchoring for the louvered white picket fence and if this fencing would be approved by Site Plan Review and Appearance Board (SPRAB). It was the consensus of the Commission to have staff bring it back before Commission at a later date. 2. CONTRACT AWARD/ALL-RITE PAVING CONTRACTORS, INC.: Consider approval of a contract award to All-Rite Paving Contractors, Inc. in the amount of $135,804.50 for the construction of the west parking lot at the Delray Beach Swim and Tennis Center Project and consider waiving the irregularity of the lack of acknowledgement of Addendum No. 1. Funding is available from 117-4133-572-65.57 (Recreation Impact Fee FD/Swim and Tennis Parking Lot). (Postponed to the Octobet 16, 2007 Regular Commission Meeting.) Richard Hasko, Director of Environmental Services, questioned what happened to the back- up material and why the memo was rewritten for Agenda packet since the material was readily available. David T. Harden, Ciry Manager, explained that he and Douglas Smith, Assistant City Manager, did not understand the back-up and questions could not be answered. It was the consensus of the Commission to postpone this item to the October 16, 2007 Regular Commission Meeting as requested by staff. Mayor Ellis adjourned the Special Meeting at 6:08 p.m. WORKSHOP AGENDA 1. Funding of the Virtual Tours on the City's web image. David T. Harden, Ciry Manager, introduced background information for this item. Virtual Tours on the City's web page was eliminated from this year's budget. Staff would like to provide information on what advertisement entails so Commission can give direction as to whether the City will fund this. Tim Simmons, Acting Director of Parks and Recreation introduced James Arena, President of Sound Investments by J.W., Inc. Mr. Arena would like to change the present agreement dated December 7, 2006 to allow for on-line banner advertising during virtual tours of the City's parks. The present annual fee is $24,000; he would like to propose a change in the agreement to allow banner advertising in the virtual tours saving the City $22,000. Mr. Arena presented a PowerPoint presentation. He explained the cost of current virtual tour project, the cost of the proposed new project, how the Ciry would generate revenue from the new project, the benefits beyond revenue, proven success and the overall goals of the company. Mrs. Montague asked if the website would advertise local businesses only. Mr. Arena explained participants must do business in Dekay Beach; the Ciry will have full control and the ability to monitor. Certain businesses such as strip clubs or illegal businesses would not be advertised. October 9, 2007 Susan Ruby, City Attorney, explained that government has different limitations than the private industry and cannot deny advertisement based on content alone because of the First Amendment. David T. Harden, City Manager, would like other options explored, the Delray Chamber of Commerce may be able to do virtual tours. It was the consensus of the Commission for staff to explore other options and bring this item back before Commission. 2. Discussion reg rding_Creative City Collaborative Robert Barcinski, Assistant City Manager, presented this item. Mr. Barcinski asked for direction and input from Commission on the future of the Creative City Collaborative (CCC). Mr. Barcinski discussed if CCC should continue as directed by the previous Commission that the group would become a nonprofit incorporated organization. If not, another direction the Commission may want to take having the CCC as an Advisory Board. He provided historical background information on the organization and presented several options. Mr. Barcinski announced four (4) of the Board Members were present at the Workshop. Mr. Eliopoulos favored the idea of support for the CCC but is not sure to what level at this time since costs have changed. He would like to attend the next CCC meeting scheduled for October 18, 2007. Mrs. Montague would like to keep CCC as a non-profit and does not favor bringing full-time support. She would like to continue CCC as directed by the previous Commission. Mrs. Montague questioned some specific goals that have not been completed to date. Mayor Ellis stated she is in support of the recommendations as presented by Mr. Barcinski. Mr. McDuffie agreed to attend the next CCC meeting on October 18, 2007. Susan Ruby, City Attorney, announced the purpose as outlined in the Articles of Incorporation in Section 2.1 in the first paragraph. It was the consensus of the Commission to attend the CCC Meeting on October 18, 2007 and for staff to bring this item back to Commission at a later date. 3. Update on the Historic Preservation Ordinance Paul Dorling, Director of Planning & Zoning, presented this item. Mr. Dorling provided background information and an update on the Historic Preservation Design Guidelines. He discussed the current Ordinance and how it contained regulatory tools that were included in the initial Ordinance. Mr. Dorling expressed several concerns with the Historic Preservation Ordinance and suggested ways to address them. He suggested bringing this item back to the Historic Preservation Board (HPB) on November 7, 2007; presenting on November 12, 2007 at the Planning & Zoning Special Meeting; presenting at the Commission Meeting on December 4, 2007 and doing as a First Reading on January 3, 2008. October 9, 2007 Mr. McDuffie congratulated staff on his presentation and was pleased to know a survey of the area is budgeted in the future. Mr. Dorling advised at the meeting on October 16, 2007, Commission would be asked to endorse a grant application to the State of Florida to get a 50% match for the surveying. Mr. Eliopoulos differentiated historic inventory from a historic hearing. He strongly favored the historic inventory, but pointed out the City has five (5) distinct districts. Mrs. Montague asked the timeline for a grant application process. Amy Alvarez, Senior Planner/Historic Preservation, advised Commission the grant application process takes approximately three (3) months. Mr. Harden advised Commission that guidelines and the Land Development Regulations (LDR) are different. He advised staff to adopt the LDR as soon as an agreement is reached and deal with the remainder later. Mr. McDuffie discussed affordability of homes and how important it is not to out price residents. He explained the necessity to encourage people to come to the City to pick up some of the inventory. Anything that could be done to speed up and help people financially or work the process so that it is not as expensive is incumbent of the Commission and staff. Commission commented on the update provided by staff. 4. Presentation of the QAlert System Robert Barcinski, Assistant City Manager presented this item. He gave a brief description of QAlert, the new web-based Customer Service Request System. He introduced Amanda Solomon, Telecommunications Systems Manager. Mrs. Solomon did a PowerPoint presentation using the actual QAlert site. She advised the site was introduced on Monday, October 8, 2007. Mrs. Solomon stated frequently asked questions will be added at a later date. She demonstrated the system and explained site features. Mrs. Solomon advised a disclaimer was placed on the page to prevent emergency police/fire calls from being added. Mayor Ellis advised the QAlert is great and very user-friendly. It was the consensus of the Commission the QAlert is great. 5. Proposed Motorcycle Ordinance Susan Ruby, City Attorney, presented this item. She explained this Ordinance will limit motorcycle travel on East Atlantic or West Atlantic between Swinton Avenue and southbound U.S. Highway No. 1(N.E. - S.E. 5`~ Avenue) between the hours of 7 a.m. and 11 p.m. due to outdoor dining facilities. 4 October 9, 2007 Mayor Ellis explained this Ordinance was initiated at her request after she received numerous requests from several business owners regarding the noise. Larry Schroeder, Police Chief, advised that the Ordinance would allow Police Officers to use civil penalty. The challenge of banning the motorcycles between 5`~ Avenue and Swinton Avenue was opposed by some of the police staff. Some of the staff questioned how the area will be adequately signed without having excessive signs. However, enforcement of the prohibition of motorcycles in that area because of the mere presence of a motorcycle would be a violation. Chief Schroeder supports motorcycles banned in the specified area. Mrs. Montague asked if warnings will be displayed prior to enforcing the Ordinance. Mr. McDuffie was concerned with the noise ordinance across the board. He does not want to signal out motorryclists only, especially the quiet motorcyclist. Terrill Barton, Assistant City Attorney, advised that she spoke with Engineering and was told that from Swinton to Southbound Federal the City controls that portion of Atlantic Avenue; the rest is regulated by the State of Florida. This gives the Ciry the authority to regulate the class of traffic in that exact area to limit motorcycles and there is no violation of interstate commerce laws. Marjorie Ferrer, Executive Director of The Downtown Marketing Cooperative, advised motorcycle noise is a problem for cafes. Business owners do not want to be inundated with signs. Mrs. Montague asked if some of the signs in the specified area could be consolidated. It was the consensus of the Commission to place this on October 16, 2007 Regular Commission Meeting as a First Reading. 6. Budget Task Force/Qualifications for Positions David T. Harden, Ciry Manager, presented this item. He discussed some suggested qualifications and organizational criteria for the Budget Task Force. Mayor Ellis questioned if it will be aseven-member group. Mr. Harden suggested he would put all recommendations into a Resolution format and bring back before Commission. It was the consensus of the Commission for staff to bring back as a Resolution before Commission. 7. Discussion regarding the reports to the Commission David T. Harden, Ciry Manager, presented this item. Mr. Harden would like to compile reports based on what the current Commission would like to see. The reporting format is based on previous Commission and he asked for guidance from the current Commission what reports would interest them. He presented several options in his back-up material for the Commission to select from. 5 October 9, 2007 It was the consensus of the Commission to have option one as outlined. Mayor Ellis adjourned the Workshop Meeting at 8:24 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, October 9, 2007, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. October 9, 2007 oK WHEREAS, the City of Delray Beach recognizes the power of family literacy and the importance of children and parents reading and learning together; and WHEREAS, family literacy activities throughout the year are beneficial to all ages and encourage life long learning opportunities; and WHEREAS, community leaders, educators, policy makers, businesses, parents, and volunteers are encouraged to work together to raise awareness of family literacy and ensure that all children and adults have a fair, equal, and significant opportunity to learn; and WHEREAS, The City of Delray Beach is proud to launch in the month of November, The Mayot's Literacy Partnership, entitled "Delray Beach.... Get Caught Reading", and WHEREAS, Delray Beach is a place where everyone is encouraged to read and Literacy is a core value in the community. NOW, THEREFORE, I RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim November 2007 as ~P.l;+t''A~y ~ e%GZ('.~'1i N ~a~ Lii~,y'a.Gy Mar~iv and encourage families to read together and participate in the interactive literacy programs being carried out in 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 16'" day of October 2007. RITA ELLIS MAYOR b. A r~~ WHEREAS, Hospice of Palm Beach County (HPBC) was founded in 1978 as anot-for-profit organization and is the leading provider of hospice care to residents throughout Palm Beach County; and WHEREAS, Hospice of Palm Beach County's mission is to provide premier healthcare to all people facing end-of--life issues through dynamic services that enhance quality of life and address the specific needs of our community; and WHEREAS, Hospice of Palm Beach County lives its values by embracing change and delivering care with a passion to serve others; and WHEREAS, Hospice of Palm Beach County provides full bereavement services to Hospice patients' families and anyone in the community in need; and WHEREAS, Hospice of Palm Beach County is committed to educating the community on Advance Directives and the benefits of identifying and communicating healthcare decisions; and WHEREAS, Hospice of Palm Beach County's high-quality hospice care reaffirms the belief in the essential dignity of every person, regardless of age, health, or social status, and that every stage of human life deserves to be treated with the utmost respect and care. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim November 2007 as NATIONAL HOSPICE/PALLIATIVE CARE MONTH and encourage citizens to increase their awareness of the importance and availability of Hospice of Palm Beach County services and to observe this month by calling HPBC at (888) 848-5200 to learn more about HPBC services available for patients, their families and the community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Dekay Beach, Florida, to be affixed this 16`h day of October, 2007. RITA ELLIS MAYOR ~a MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~G FROM: Alberta Gaum d Dot Bast THROUGH: David Harden, City Manager DATE: October 11, 2007 SUBJECT: AGENDA ITEM # ~•A- AGENDA MEETING FOR OCTOBER 16, .2007. PRESENTATION BY S.P.I.R.I.T. COMMITTEE TO RECOGNIZE THE QUARTERLY S.P.I.R.I.T. AWARD WINNERS ITEM BEFORE COMMISSION The item before the City Commission is a presentation by the S.P.I.R.I.T. committee to recognize the three quarterly winners for their service, performance, integrity, responsibility, innovation, and teamwork. Winners for this quarter are: Adam Rosenthal, Michael Coleman and Steven Chinque, Police; Monique Burton, Administrative Services; and Beverly Wright, Police. BACKGROUND The City of Delray Beach implemented the S.P.R.I.T. Quarterly Award Program on April, 2006. The S.P.I.R.T. Program's main objective is to award the efforts of employees who provide outstanding quality service to our City. UX MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TERRILL BARYON, ASSISTANT CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: OCTOBER 2, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF OCTOBER 16, 2007 Amendment No. 1 to the Historic Facade Architectural Control and Redevelopment Easement ITEM BEFORE COMMISSION Amendment No. 1 to the Historic Facade Architectural Control and Redevelopment Easement. BACKGROUND The attached agreement between the City and the Community Redevelopment Agency amends the I-fistoric Facade Architectural and Redevelopment Easement Agreement for the Bungalow or Lavender Shutter Building on the Cason Cottage property to provide that additional structures maybe placed on the property with the permission of the CRA in order to allow for the placement of the Hunt House on the property. FUNDING SOURCE N/A RECOMMENDATION The City Attorney's Office recommends approval. 8.A AMENDMENT NO. 1 TO THE HISTORIC FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT THIS AMENDMENT N0.1 made this day of , 2007, by and between the CITY OF DELRAY BEACH, ("Grantor") and the COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH, an entity created pursuant to Chapter 163 of the Florida Statutes, ("Grantee"). WITNESSETH: WHEREAS, the Grantor and the Grantee acknowledge and agree that the Historic Facade Architectural control and Redevelopment Easement Agreement dated September 23, 2003 is in full force and effect and that this Amendment merely supplements said Agreement; and WHEREAS, the parties hereto entered into an Agreement wherein Grantee agreed to pay Grantor to redevelop and preserve a structure known as the 1925 Historic Bungalow and/or the Lavender Shutter Building (hereinafter "the Building"); and WHEREAS, the parties agree that historic preservation of structures is important to preserving the City's heritage; and WHEREAS, the parties agree that the Cason Cottage Property on which the Building is located shall be used to preserve additional structures with the advanced written permission of the Grantee. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitations. The recitations above are hereby incorporated as if fully set forth herein. 2. Modifications. Section 2, Paragraph (d) of the Agreement is hereby modified as follows: (d) Unless the prior express written permission of the Grantee is granted. ono buildings or structures, including satellite receiving dishes, camping accommodations, or mobile homes not presently on the Premises shall be erected or placed on the Premises hereafter, except for temporary structures required for the maintenance or rehabilitation of the property, such as construction trailers. 3. Entire Agreement. Except as modified by this Amendment, the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No.1 to be duly executed on the date written above. GRANTOR: ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor Approved as to Form: City Attorney ATTEST: GRANTEE: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Print Name: Title: Title: 2 ~k ~'1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TERRILL BARYON, ASSISTANT CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: OCTOBER 2, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF OCTOBER 16, 2007 Renewal of Lease Agreement between the City of Delrav Beach and the Delrav Beach Historical Society for the Cason Cottage Property ITEM BEFORE COMMISSION Renewal of Lease Agreement between the City of Delray Beach and the Delray Beach Historical Society for the Cason Cottage Property. BACKGROUND The attached agreement between the City and the I~istorical Society renews the lease agreement between the City and the Delray Beach I~istorical Society (DBHS) for another ten (10) years and reflects the addition of the Hunt House to the Cason Cottage Property. Under the Agreement, DBHS shall be responsible for maintenance of all structures, shall provide insurance for same and shall pay all utilities and taxes while the City shall be responsible for maintaining the grounds. FUNDING SOURCE N/A RECOMMENDATION The City Attorney's Office recommends approval. 8.B RENEWAL OF LEASE AGREEMENT FOR CASON COTTAGE PROPERTY THIS LEASE, made this day of , 2007, by and between the CITY OF DELRAY BEACH, a municipal corporation, hereinafter referred to as the "Lessor", and the DELRAY BEACH HISTORICAL SOCIETY, jointly and severally, hereinafter referred to as the "Lessee". WHEREAS, Lessee is an organization dedicated to the promotion and appreciation of the history of the Delray Beach area and its environs; and WHEREAS, the property subject to this Lease Agreement is legally described as the South 32 feet of Lot 5 and all of Lots 6, 7, and 8, Block 67, Town of Delray, formerly Town of Linton, according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida (hereinafter called the "Cason Cottage Property"); and WHEREAS, the Cason Cottage Property includes the Historic Cason Cottage, the 1925 Historic Bungalow, and the 1908 Farmhouse called "Hunt House" as well as a new Archival Storage Facility; and WHEREAS, Lessor and Lessee had previously entered into a ten (10) year lease for the property which expired upon February 5, 1999 and which provided for renewal of the lease upon the express written consent of the parties; and WHEREAS, Lessee's Board of Directors has voted to renew the lease in order to reflect the addition of the Historic Bungalow, the Hunt House and the Archival Storage Facility to the Cason Cottage Property; and WHEREAS, Lessee agrees to utilize the Cason Cottage Property for a museum, office, Educational Facility, and Archival Storage Facility; and NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: That, subject to the terms and conditions hereinafter set out, the Lessor hereby lets the leases unto the Lessee that land and the buildings and improvements thereon known as the "Cason Cottage Property", in the City of Delray Beach, Florida, and which property is more particularly described on Schedule A attached hereto and made a part hereof. 1. Recitations. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Term and Rental. The term of this lease shall be ten (10) years from the 17th day of October, 2007, at an annual rental of one dollar ($1.00) payable in advance, on the first day of each calendar year. 3. Covenants of Lessee. The Lessee hereby covenants and agrees: a. To Pay Rent. That it shall pay the said rent at the time said and in the manner set out above, except only in the case of fire or other casualty as hereinafter provided. b. To Pay Utilities. That it shall promptly pay, to the appropriate billing entities, all gas, electric, water and telephone charges which may become payable during the term of this lease for gas, electricity, water and telephone service consumed on or provided to the leased premises. c. To Pay Other Charges. That it shall promptly pay stormwater 2 assessment fees and solid waste authority fees billed to the leased premises. d. To Keep in Repair and in Good Condition. That it shall keep the leased remises, excluding the exterior walls, roof and other structural members of the building including the heating and air-conditioning equipment, in such or better repair as the same are at the commencement of this lease term or at the renewal hereof, reasonable wear and tear and damage by fire or other unavoidable casualty excepted. It is explicitly agreed that the duty of the Lessee under this covenant shall include furnishing all necessary janitorial and cleaning services, care and maintenance of the buildings and any interior renovation or redecoration not involving major structural changes. e. Not to Iniure or Deface. That it shall not injure, overload or deface, or allow to be injured, overloaded or defaced, the premises or any part thereof. £ Not to Make Unlawful Use. That it shall not make, or allow to be made, any unlawful, improper or offensive use of the premises which would be injurious to any person or property, or which would violate the laws of the State of Florida or of the United States, or any ordinance of the City of Delray Beach, or any administrative rules or regulations promulgated by the City Manager, or which would affect or endanger any insurance on said building or increase any premium thereof which is at all borne by Lessor. g. Not to Make Alterations. That it shall not make any modifications, alterations or additions in and to the premises without the advance express written consent of the Lessor. 3 h. Not to Assign. That it shall not assign, sublet or otherwise transfer possession of all or any part of the leased premises without the advance express written consent of the Lessor. i. To Permit Lessor to Enter. That it shall allow the Lessor, and the Lessor reserves the right at all reasonable times, to enter and view the premises and to make any repairs which it may see fit to make. j. To Yield up Premises. That at the expiration of the term of this lease, it shall peaceably yield up to the Lessor the premises and all buildings thereon, in good repair in all respects, reasonable use and wear and damage by fire and other unavoidable casualties excepted. k. To Indemnify Against Accidents and Negligence. That it shall save harmless, indemnify and defend the Lessor, its officers, employees, and agents, from and against any and all loss, liability or expense that may be incurred by reason of any claim or litigation arising out of or in connection with Lessee's occupancy and use of the leased premises, including, but not limited to, any accident with the appliances and fixtures installed by the Lessee, or the gas, water or other pipes, or from any damage or neglect arising from or in any way connected with the use, misuse or abuse of all utilities or from any neglect in not removing foreign objects from the sidewalks, grounds, structure, or roof of the building. 1. To Bear Risk for Contents. That all property of any kind, whether owned by the Lessor or Lessee, that may be on the premises during the duration of this lease shall be at the sole risk of the Lessee, and that the Lessor shall not 4 be liable to the Lessee or any other person for injury, loss or damage to property or to any person on the premises. m. To Pav Taxes. That it shall pay the real estate and personal property taxes, if any, assessed upon the premises during the term of this lease as they shall fall due. n. To Pay Insurance Premiums for Fire or Casualty. That it shall pay all premiums on the policies of fire or casualty insurance or both covering said premises and in such amounts and under such terms as may be required by Lessor. o. To Carry a General Liability Policy. That it shall carry, or if already in existence, maintain a general liability insurance policy for the premises covered by this lease. p. No Waiver. That no assent, expressed or implied, by the Lessor to any breach of any of the Lessee's covenants shall be deemed to be a waiver of any succeeding breach of the same or other covenants. q. Pest Control. Regular pest control service shall be the financial responsibility of the Lessee, but the Lessor reserves the right to designate and retain the pest control service for performing this function. r. Lighted Sign. A lighted identification sign shall be erected, or if already in existence, shall be maintained, that lists both the Lessor and the Lessees' names, and identifies the subject structure. All exterior improvements, painting, or any other identification signs or markings shall be provided only in accordance with the applicable City of Delray Beach Code of Ordinances and with the advance 5 express approval of the City Manager or his/her designee. s. Liens. That it shall promptly discharge any liens that may attach to the property. 4 Covenants of Lessor. The Lessor hereby covenants and agrees: a Quiet Enioyment. That the Lessee shall peaceably hold and enjoy the leased premises. b. Fixtures. That it shall allow the Lessee to install such fixtures and appliances as may be necessary for the proper conduct of its business, and, at the expiration of the term of this lease, that it shall allow the Lessee a reasonable length of time to remove any and all such fixtures which may be movable and which are owned by the Lessee. c. Grounds. That Lessor shall maintain and mow the grounds on the Cason Cottage Property. 5. Fire or Other Unavoidable Casualty. In case the premises or any part thereof shall at any time during the term of this lease be destroyed or damaged by fire, act of God or other causes beyond the control of the Lessor and through no fault or neglect on the part of the Lessor, then the Lessor shall be under no obligation to repair or re-erect the leased structure. If the condition of the leased premises should be so rendered unsuitable by the foregoing causes, either party to this lease agreement shall have the option to cancel this lease. 6. Right of Reentry. If the Lessee shall neglect or fail to perform any of its covenants, and including if any yearly installment of rent be overdue and unpaid for ten (10) days, the Lessor may, immediately or at any time thereafter, after ten (10) days' notice, enter 6 into the premises and repossesses the same as of its former estate and expel the Lessee, but without prejudice to any remedies which might otherwise be used by the Lessor for arrears of rent or any other breach of the Lessee's covenants or the waiver of any rights of the Lessor. 7 Notice. Whenever notice is required hereunder, it shall be addressed as follows until written notice of change of address is given to the other party: Lessor City Manager's Office 100 N.W. 1st Avenue Delray Beach, Florida 33444 Lessee Delray Beach Historical Society Three Northeast First Street Delray Beach, Florida 33444 8. Purpose. It is understood and agreed that the Lessee shall use said leased premises for maintenance of three (3) historical landmarks including a museum, Educational Facility and Archival Storage Facility, and other activities concerning the City of Delray Beach and its environs, in order to preserve such information and present it to the general public in such a way as to educate and inform the public about the heritage of the Delray Beach area; provided, however, such use does not violate any of the provisions or covenants of this lease agreement. 9. Other Agreements. It is understood and agreed that all other terms and conditions of the Historic Facade Architectural Control and Redevelopment Easement Agreement dated September 23, 2003 and all amendments thereto shall remain valid and effective and are incorporated herein by reference as Exhibit's "A" and "B". 9. Termination. The Lessor does hereby reserve the right to terminate this lease at any time in the future, either during the initial term or any renewal, upon sixty (60) days written notice to the Lessee at the address set forth in this lease agreement; provided, however, 7 that the Lessor agrees that it shall endeavor to make reimbursements to the Lessee for any costs for capital expenditure additions to the structures, except for regular maintenance or care items, should the Lessor elect to terminate this lease in advance of the expiration of the ten (10) year term hereof, except if such termination be for breach of this lease agreement or violation of or failure to comply with any of the covenants set forth in this lease agreement. 10. Remedies. Mention in this lease of any particular remedy in favor of the Lessor shall not preclude the Lessor from any other remedy to which it may be entitled. 11. Waiver or Modification. None of the covenants and conditions herein shall be waived or modified except by the Lessor in writing, and no alleged verbal waiver or modification shall be binding under any circumstances. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2007. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: 8 Rita Ellis, Mayor STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 2007 by Rita Ellis as Mayor of the City of Delray Beach, a Florida municipal corporation, on behalf of the corporation. She is personally known to me or has produced as identification Notary Public -State of Florida ATTEST: STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) DELRAY BEACH HISTORICAL SOCIETY By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 2007 by as of the Delray Beach Historical Society, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -State of Florida 9 RESOLUTION N0.59-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, BY WHICH THE CITY COMMISSION OF THE CITY OF DELRAY BEACH HEREBY RESOLVES THAT IT ENTHUSIASTICALLY AND WHOLEHEARTEDLY SUPPORTS THE CARVER ESTATES REVITALIZATION HOPE VI GRANT APPLICATION DEVELOPED BY THE DELRAY BEACH HOUSING AUTHORITY TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the Carver Estates Public Housing Development in the Southwest Neighborhood section of the City of Delray Beach is severely distressed and blighted and is not safe or sanitary; and WHEREAS, in October of 2006 Hurricane Wilma caused severe damage to the Carver Estates public housing community; requiring the City of Dekay Beach to issue Condemnation Citations; and WHEREAS, the Delray Beach Housing Authority ("DBHA"), which is a public housing authority as defined by the Housing Act of 1937, has developed a revitalization plan for the Carver Estates public housing community; and WHEREAS, the United States Department of Housing and Urban Development ("HUD's administers a program entitled the "HOPE VI" Program which is designed to fund the revitalization of severely distressed public housing communities; and WHEREAS, the Revitalization plan for the Carver Estates public housing community envisions creating affordable and workforce home ownership and rental housing opportunities that are complimentary to the surrounding neighborhood and consistent with the program goals and requirements of HOPE VI Program; and WHEREAS, there is a tremendous demand for affordable and workforce home ownership and rental housing in the City of Delray Beach, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida hereby proclaims its support for the Dekay Beach Housing Authority's Carver Estates Revitalization Plan and further: 8.C (1) commits to assist the Delray Beach Housing Authority in securing funding and resources to promote the Carver Estates revitalization plan; and (2) commits to assist the Delray Beach Housing Authority in coordinating the delivery of services and resources to comprehensively meet the needs of the residents and neighbors of the Carver Estates public housing community. Section 2. That the City Commission of the City of Delray Beach, Florida hereby proclaims it's complete and unequivocal support of the Carver Estates Revitalization HOPE VI Grant Application to the United States Department of Housing and Urban Development and respectfully requests that the Secretary of the Department of Housing and Urban Development favorably consider and grant the funding application. ction The City Commission hereby directs that copies of this Resolution shall be forwarded to the President of the United States, the Secretary of Housing and Urban Development, and the State of Florida Congressional Delegation. Section 4. This resolution is passed by the City Commission of the City of Delray Beach on ,and is effective immediately. PASSED AND ADOPTED in regular session on this the day of 2007. MAYOR ATTEST: City Clerk 2 ~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~` ~ c FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONIN THROUGH: CITY MANAGER DATE: OCTOBER 11, 2007 SUBJECT: AGENDA ITEM # 8•~ - REGULAR MEETING OF OCTOBER 16, 2007 AUTHORIZATION TO SUBMIT GRANTS FOR STATE FUNDING AND COMMITMENT TO PROVIDE A LOCAL MATCH FOR RESURVEY OF DEL- IDA PARK NASSAU PARK OLD SCHOOL SQUARE, AND WEST SETTLERS HISTORIC DISTRICTS. AND PURCHAS_ E AND INSTALLATION OF TEN STATE HISTORICAL MARKERS ITEM BEFORE COMMISSION The item before the City Commission is authorization to submit two (2) grant applications to the Florida Department of State, Division of Historical Resources and commitment to provide a local match for two (2) historic preservation projects: comprehensive resurvey of four (4) historic districts and purchase of ten (10) State Historical Markers. BACKGROUND The Planning and Zoning Department is preparing an application to the Florida Department. of State, Division of Historical Resources, for funding assistance (50% matching grant) to complete a comprehensive resurvey of four (4) of the city's locally designated historic districts, and for the purchase and placement of ten (10) State Historical Markers (two for each designated historic district). The resurvey will involve a detailed analysis of each property within the historic districts in order to update the existing surveys. Many properties have not been surveyed since 1987-1988, at which time the "Period of Significance" spanned to 1943. At this time, additional resources fall into the "Period of Significance" which includes structures that are typically fifty (50) years or older. Research will consist of site visits, and review of City archives and records located within the Building and Planning and Zoning Departments. The result of the research and survey would be to update and/or complete the Florida Master Site File forms for each property which are filed with the Florida Department of State, Division of Historical Resources. The total project cost is estimated at $50,000. The grant application to the State will request $25,000 in funding, and the balance of $25,000 will be a local match provided by the City. Project tasks will be complete by a consultant selected by a competitive bid. Additional funding is requested for the purchase of ten (10) State Historical Markers to be located within the city's five (5) locally designated historic districts. Two (2) markers are requested for each district. The estimated total cost of the ten (10) markers is $19,000. The grant application will request $9,500 in State funding, half of the estimated total cost with the City Commission Documentation, Meeting of October 16, 2007 Funding for Resurvey of Historic Districts and State Historical Markers balance collectively provided by the City ($5,700), CRA ($2,375), Delray Beach Historical Society ($475), EPOCH ($475), and the Delray Beach Preservation Trust ($475). FUNDING SOURCE The City of Delray Beach match will come from the approved Planning and Zoning Department budget for 2007/2008. Three out of four Letters of Commitment from other sources are attached and all four will accompany the grant application. RECOMMENDATION By motion, authorize the submittal of applications to the Florida Department of State, Division of Historical Resources for funding assistance to resurvey four (4) historic districts and purchase ten (10) State Historical Markers and acknowledge a City commitment of a total of $30,700 ($25,000 resurvey and $5,700 markers) for both projects. Attachments: ^ Historical Marker Letter of Commitment -EPOCH ^ Historical Marker Letter of Commitment - CRA ^ Historical Marker Letter of Commitment - DBHS (Delray Beach Historical Society) ^ Example of State Historical Marker ^ Maps of Proposed Marker Locations within Districts (5) 2 \ c~~r~od~ D 1~~ AUG 0 6 2007 P CULTURAL HERITAGE MUSEUM PLANNING & ZONING A NOT-FOR-PROFIT ORGANIZATION DEDICATED TO PRESERVING AND COMMUNICATING THE CULTURALLY DIVERSE HISTORY August 1, 2007 OF SOUTH FLORIDA Amy Alvarez Expanding & Preserving Historic Preservation Planner Our Cultural Heritage, Inc. 170 NW 5th Avenue City of Delray Beach -Planning & Zoning Delray Beach, FL 33444 100 NW 1~ Avenue Phone: 561-279-8883 Delray Beach, FL 33444 Fax: 561-279-2234 www.spadymuseum.org ~: State Historical Markers for West Settlers Historic District PRESIDENT/FOUNDER Vera R. Farrington JST V/CE PRESIDENT Dear Mrs. Alvarez, Clarence M. Vaughn letter is to confirm Expanding and Preserving Our Cultural This 2ND VICE PRESIDENT Mark Reingold, Esq. . Heritage, Inc. (EPOCH) intent to be a sponsor for the historic marker for TREASURER the West Settlers Historic District. We understand that our portion to Clarence M. Vaughn sponsor for the marker will be approximately $475.00 or one quarter the SECRETARY cost of one sign. You will notify us when/if the City of Delray Beach is Kenneth Howard successful in obtaining the State of Florida grant and at that time BOARD MEMBERS remittance of payment will be due. Perry Brown Col. William J. Condry Clifford Durden Mildred George Sl erely, ~ ~ ~~ ~ Ralph B. Johnson Rosalind Murray Daisy .Fulton Alfred Straghn Executive Director MEMORIALIZED MEMBER C. Spencer Pompey EXECUTIVE DIRECTOR Daisy M. Fulton MUSEUMADVISORY BOARD Dr. I.C. Spivey Spiritual Advisor W. Rod Faulds, Director FAU University Galleries Dorothy Patterson, Archivist Delray Beach Historical Society "Until the lions have their historians the tales of the hunt will continue fo glorify the hunter." ...an African proverb ~i V RA DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY October 10, 2007 Ms. Amy Alvarez Planning & Zoning Department City of Delray Beach 100 NW 1 ~` Avenue Delray Beach, FL 33444 Deaz Amy: On behalf of the Delray Beach Community Redevelopment Agency, I am pleased report our commitment to help fund the placement of State Historical Markers throughout the city. The CRA has committed to sponsor one mazker in each of the city's five historic districts. Based on a cost of $475 per marker, the total contribution of the CRA will be $2,375. Please give careful consideration to the placement of the CRA-sponsored marker in the Marina District, as it must be located within the portion of the district that also lies within the boundaries of the Community Redevelopment Area. Historic preservation and the public acknowledgement of our city's heritage is important to the CRA. We are glad to be able to participate in this project. Please let me know if you need any further assistance. Sincerely, Eli eth C. Butler Marketing & Grants Coordinator Delray Beach Community Redevelopment Agency OCT 1 0 2007 f PLANNING & ZONfNG 20 North Swin4on Avenue - Delray Beach, Florida 33444 - Phone: 561/216-8640 - Fax: 561/276-8558 - www.delraycra.org ~~lsro~ ~ ~.,s~.a~ a, o DBHS ~~~ -- ~~ October 10, 2007 City of Delray Beach Attn: Amy Alvarez 100 NW 1st Avenue Delray Beach, FL 33444 RE: State Historical Markers -Commitment of Funding Assistance To Whom It May Concern: This is to confirm that the Delray Beach Historical Society has agreed to co- sponsor aState Historical Marker to be located within the Nassau Park Historic District of Delray Beach, Florida. This co-sponsorship will come in the form of a check for $475.00. If you have any questions or concerns, please do not hesitate to contact me. Sin ely, Stepha ie Shipley Executive Director Delray Beach Historical Society ~C~C~L~~dL~ (~ OCT 1 0 2007 ~~ 3 NE First Street ~ Delray Beach, Florida 33444 ~ phone 561.243.2577 ~ fax 561.243.6884 dbhsC~bellsouth.net ~ www.delraybeachhistoricalsociety.org EXAMPLES OF STATE HISTORICAL MARKERS ~„~~ -~ - .. r~ _ ~ ~_ ~^ K. .- w ~ xr " ' ., :. ~ ~~, s ! .Z ,~ - ~ ~~ 3 a ~ ~ .~, ~~~ ~ s. c, ~ Cs`. - tii J ~~.. ; - ~. + ~~ a, t. ~ ~~.~~ tYi. ~ ~~_ *1j_~ ~,~. Y y ~~ S F .~ ~t :a ~D a~~ r ~ wry ;~~ , ~ ~ ,~ ' t ~.'~ ~s, a w .~ ~ _ - r a ~ ''->- .' 9 _ .r ~~ l~ , , '. ~ .~' f E a' ~ , ~~ _ ~yp~-q. ~ ~ ~ ~ y ~ f ~~~ ,r11 •tµ F\ 1 n ''~ 1 ~ .~ •~ 4 . yi `.... .may - `, ` " _ 1~ k ~.}y. ~° ~E .Y .~ s,-: 3 ~ ~- ' .1 `S~' J ~ r r i t ~ ~ _ _.] ~ ~j w r. ~+ °x ~ ~ ~ ik .., . ^ ~ ~ ~ ~ Z ~" ~ ~ LH _ ~ ~ -~ • 1., ~ < ~ ~ ' ~ ~ J .. >,7Br - ~~ ~~.~ r - ~ Tip' I~~f~r } ~ f rt Y ~JF..+~ ~; ~i~ i I~III ~ ~. i'~ .; 111'"' ~y 4 ~ ~ ~ ~~Y.~- #~ ..mow. 'y'!~ 1•~,'~t.~lY- ~. ~I ~ ~ ~" i~ <1 ~ ~,- x Z ~ i ~ R ~ ~ • ~ ~ * '.. ~ ~ HISTORIC DISTIRCT DEL-IDA PARK HISTORIC DISTRICT ~ BOUNDARIES N -~~ AERIAL MARKERS -PROPOSED CITY OF DELRAY BEACH, FL SIGN LOCATION PLANNING k 20NINC DEPARTMENT - D/C/TAL QAS£ MAP SYSTEM -- MAP REF: S:\Plannirtg de [oning~unn~n~rrcwc~in~nia~ uioiR~..~~~..,_...,~.. mw~--~•-• ^^ BOUNDARIES MARINA HISTORIC DISTRICT -HISTORIC DISTIRCT N ~! AERIAL MARKERS -PROPOSED CITY OF DELRAY BEACH, fL SIGN LOCATION PLANNING k 2GNING DEPARTMENT -- ~/CITAL B4S£ MAP SYSTEM -- MAP REF: S:\Planning do Zoning~utiMS~rrcwncla~rnai ui~im~~o~r,~Y~~~~= M~r~~~~~ T~~^=•~ -HISTORIC DISTIRCT NASSAU STREET HISTORIC DISTRICT BOUNDARIES ~_ AERIAL MARKERS -PROPOSED GTY OF DELRAY BEAG1, FL SIGN LOCATION PUNNING k 20NING DEPARTMENT -- DIGITAL BAS£ MAP SYSTEM -- MAP REF: S:\Plonning d[ ZOflincj\UtlMS\YKUJGIaO\noi uuini~i~~nis.~ii~ m~N~,~~• ~^~~°-•- -HISTORIC DISTIRC OLD SCHOOL SQUARE HISTORIC DISTRICT BOUNDARIES ~! AERIAL MARKERS -PROPOSED I CITY Of DELRAY BEACH, FL SIGN LOCATION PLANNING k 20NINC GEPARTMENT - OlGlTAL EASE MAP SY57EM -- MAI' Ntf: ~:~rlanning ac comny~~oma~~~.w~..,+v••-• -•- ~ o k~.~ ~ -ti.' -.. ~,ua,r _. ~~,. _ _ . ~, Pw ~~ i 7 ^ l I .! :~ 1 ~' ~ ~, ~ ~ + ~ n ;, ~. ~ ~~ l.° r„,~ ... ~ ,~._.. ~~ t ~ ti ,<..~ ~> ~ Irv ,y~,~' ~~~' . rr ,, 3. '~ ~, '~~ .>k ~' ~ ~~ ~ ' M,"r ~_ ~ . t. ~~ <"~ ~ .~ i a. I.. ~~ t C2 • , < . ~~ ~ A. ~~"~' e~,. a ~.. ,k~ kl; r .~ it ~ . , ». ., ~ ; t ~ A F ' i e <.'~ ~" ~~ .. ~ ._ 2 ,~ y »... _ ~. a 1 ~ t ~~' ~ A E ,r, N 1 1~~(i. ~ •~ 7.~ JL~~ ~ r 3. 1 i . r' A 1 - ........ ~ .N _~ . ,.. _ ~ ~~' (i .~.. .'` zv+y ~ .r~ ~ ~~ r ~i ~ 1 1 I } ~~ . ~,~ .t ` ~ +~ '~ _`'~~~~ ~ ~ w` 'fix ` `'-` ~ X99 ~ L A t ~' ~ ,~ ~l' I~ " ~ ' ~ ~ ~ d ~ rrlrr. .w.~~ ~jc'rf ~>,:, , ~EI ~I .~~I >. ~i+ r ti~9~ ~ t.'s ~_ ~ilt ti ~' 1 ~~:, -,,,, k ~r ,~ ~,, ~- ., -HISTORIC DISTIRCT WEST SETTLERS HISTORIC DISTRICT BOUNDARIES ~_ AERIAL MARKERS _PROPOSED CITY GF DELRAY BEACN, fL SIGN LOCATION PLANNING d~ ZONING DEPARTMENT Tc~ u ee....i u...l,oe -- DIGITAL BAS£ MAP SYSTEM -- MAN Ntr. s:~rwnnmg ac coning ~uom~~~~~..~~..~,.p~~..• ..•-••-•_._,...___._ __, MEMORANDUM TO: MA O CIT COMMISSIONERS FROM: PA L DORLING, P, DIRECTOR OF PLANNING AND ZONING DATE: OCTOBER 10, 2007 SUBJECT: AGENDA ITEM # ~ . ~ REGULAR MEETING OF OCTOBER 16, 2007 CONSENT AGENDA AUTHORIZATION TO PROCEED WITH THE TWO YEAR POST CONSTRUCTION PHYSICAL MONITORING FOR THE BEACH RENOURISHMENT PROJECT ITEM BEFORE COMMISSION This proposal is for engineering services associated with analysis of off shore and upland beach profiles and the creation of an engineering evaluation report. This task is required as a specific condition of the Florida Department of Environmental Protection (FDEP) permit for the beach renourishment project. The attached scope of work outlines the personnel that will be utilized for this task and estimated hours and related fee schedules. The task is explained in detail in the attached correspondence from Coastal Planning and Engineering, Inc. The proposed fee for this task is not to exceed $44,249.00. Funds for this item are available in the Beach Restoration Fund. This task is 100% reimbursable from Federal, State, and County funding sources. RECOMMENDATION By motion, approve authorization for Coastal Planning & Engineering, Inc. to proceed with the two year post construction physical monitoring task. Attachments: ^ Letter from Coastal Planning & Engineering, Inc. ^ Scope of work from Coastal Planning & Engineering, Inc. COASTAL PLANNING & ENGINEERING, INC. . r'i~ ~~I CPE~~ ~'~ 2481 NW BOCA RATON BOULEVARD, BOCA RATON, FL 33431 September 5, 2007 Paul Dorling, AICP Director of Planning and Zoning City of Delray Beach 100 Northwest 1 sc Avenue Delray Beach, FL 33444 561-391-8102 PHONE 561-391-9116 FAX INTERNET: httn:l/www.coastal~lannina.net e-mail: mailCa~coastalolannina.net Re: City of Delray Beach 2005 Hurricane Beach Repair Project; Proposal for the 2007 Two-Year Post-Construction Beach and Offshore Monitoring Survey with Beach Performance Monitoring Report Dear Mr. Dorling: Please accept this coastal engineering services proposal for the 2007 two-year post-construction beach and offshore monitoring survey and beach performance monitoring report for the 2005 Delray Beach Hurricane Damage Beach Repair Project, as required by the Florida Department of Environmental Protection (FDEP) permit. The FDEP Permit No. 0178582-001-JC, Specific Condition 3 (Monitoring Required), requires topographic and hydrographic surveys of the beach, dune and offshore area. Coastal Planning & Engineering, Inc. (CPE) will conduct both the onshore and offshore portions of the beach monitoring surveys to provide data for development of the engineering evaluation and beach performance report for beach renourishment project. The previous year, survey data was provided by the FDEP and Palm Beach County. The proposed beach monitoring report will provide the engineering evaluation to assess the beach performance and comply with the State of Florida requirements, as follows: SCOPE OF SERVICES: A. Beach and Offshore Monitoring Survey: CPE will conduct beach profile cross-sections on eighteen (18) FDEP beach monument profile lines (R-175 to R-192). The onshore or beach profile portion of the survey will commence at the monument and extended seaward to a point overlapping the neazshore component of the hydrographic survey. 2007 Two-Year Post-Construction Beach and Offshore Monitoring Survey September 5, 2007 Page 2 Cross-sections of the beach in the project area will be surveyed using RTK GPS rovers and differential leveling techniques. Extended Rod RTK GPS Rovers will be used to extend the RTK GPS survey capability into the nearshore. The current system allows surveyors to collect the entire beach profile with RTK GPS technology. Profiles will commence from the onshore monument and extend seaward overlapping the offshore data. Incorporation of RTK GPS into monitoring surveys greatly reduces the potential for human error during data collection and reduction. Further, RTK GPS provides centimeter accurate elevations with true horizontal positioning to the survey data point. Differential leveling techniques will be used in upland areas which are inaccessible to RTK GPS system. Leveling techniques will use an automatic level, twenty-five (25) foot fiberglass survey rod, and a laser range finder with prism. Elevations will be taken at approximately twenty-five (25) foot intervals along each profile line and at all grade breaks. Nearshore profiles will extend seaward of the monuments beyond the depth of closure. The landward limits of the nearshore profiles will be based on a minimum overlap of fifty (50) feet beyond the seaward extent of the nearshore beach profiles. Soundings will be collected at a minimum of twenty-five (25) foot intervals, sufficient to provide an accurate depiction of the seafloor. The nearshore survey will be conducted using an Odom Hydrotrac survey grade sounder with digitizer on CPE's 24-foot Privateer survey vessel with a centrally located hull- mounted transducer. A Trimble Real Time Kinematic (RTK GPS) system and a TSS dynamic motion compensator will be used on board the survey vessel to provide instantaneous tide corrections as well as heave, pitch, and roll corrections. As a quality control measure, manual tide readings are also taken while conducting the profile surveys. In order to maintain the vessel navigation along the profile lines HYPACK navigation system will be used. This software provides horizontal positioning to the sounding data allowing real-time review of the profile data in plan view or cross section format. It also provides navigation to the helm to control the deviation from the online azimuth. Horizontal and vertical positioning checks will be conducted at the beginning and end of each day using 2"d order FDEP "A" monuments located in the project area. The sounder will be calibrated via bar-checks and a sound velocity probe at the beginning and end of the day. The DIGIBAR PRO sound velocity meter offers a fast additional calibration for sound velocity as compared to the traditional bar-check. Bar-checks will be performed from a depth of five feet to a minimum depth of twenty-five feet. Analog data showing the results of the bar check calibration will be displayed on the fathometer charts at five foot increments during descent and ascent of the bar. Upon completion of the monitoring survey all FDEP profile lines survey data and survey control information will be submitted to the FDEP in accordance with the March 2004 BBCS Monitoring Standards for Beach Erosion Control Project, Section 0100 -Beach Profile Topographic Survey and Section 01100- Offshore Profile Surveying. COASTAL PLANNING & ENGINEERING, INC. 2007 Two-Year Post-Construction Beach and Offshore Monitoring Survey September 5, 2007 Page 3 B. Engineerin>_ Evaluation Resort: After acquisition and analysis of both sets (onshore and offshore) of the two-year post- construction survey data, a report will be prepared and submitted to the FDEP. The report will include comparison of the most recent data with historical date to allow assessment of the performance of the beach project. The report will summarize the performance of the beach fill project and identify erosion and accretion patterns within the project limits and along the adjacent shorelines. In summary, the services provided by this proposal include acquisition, review and evaluation of the two-year post-construction physical monitoring survey data, collection of aerial photographs, and development of the two-year post-construction engineering report. A detailed cost estimate spreadsheet, which delineates labor, equipment and direct costs associated with each activity, have been included with this Scope of Services. The fee to provide the services contained in this proposal is $44,249.00. If you should have any questions, please call me or Tom Pierro. Sincerely, CO~ST~,L PLANNING & E GINEERING, INC. _.~, _~ /c . \~ ~ ~~ Richard H. Spadoni J Senior Vice President cc: /cott Pape, City of Delray Beach Tom Pierro, P.E., CPE Jeffrey Andrews, PSM, CIH, CPE Jim Taylor, CPE Mike Lowiec, CPE F:1CPE1 ProposalslPalm Beach~Delray BeachlAugust 07 Proposal - 2007 beach survey monitoring_final.doc COASTAL PLANNING ~ ENGINEERING, INC. CITY OF DELRAY BEACH, FLORIDA 2005 DELRAY BEACH HURRICANE REPAIR PROJECT 2007 TWO-YEAR POST-CONSTRUCTION BEACH AND OFFSHORE MONITORING SURVEY September 5, 2007 PREPARED BY: CITY OF DELRAY BEACH, FLORIDA 2005 DELRAY BEACH HURRICANE REPAIR PROJECT 2007 TWO-YEAR POST-CONSTRUCTION BEACH AND OFFSHORE MONITORING SURVEY LABOR, EQUIPMENT & DIRECT COST RATES PREPARED BY: COASTAL PLANNING 8~ ENGINEERING, INC. 2007 Rates LABOR RATES (HOURLY) Princi al En ineer $205.00 Pro'ect Mana er $170.00 QA/QC Technical Reviewer $125.00 Senior Coastal En ineer $140.00 Coastal En ineer $110.00 Professional Surve or & Ma er $140.00 Certified H dro ra hic Surve or $140.00 Surve Tech 2 $75.00 Surve or $85.00 CAD O erator $80.00 Clerical $60.00 EQUIPMENT RATES (DAILY) Survey Boat 24' $750.00 Sounder $160.00 Heave, Pitch, Roll Compensator $210.00 Speed of Sound meter $60.00 Hypack Navigation System $250.00 Level $108.00 RTK $475.00 John Deer Gator $100.00 Di ital Camera $10.00 DIRECT COSTS Misc. Ex enses * 1.10 * -Miscellaneous expenses will be billed at cost. Miscellaneous expenses include field supplies, expendables, and related field equipment that will be purchased and utilized in the performance of these activities. Rates are used in the spread sheet to determine contract value. H W ~- a0~ o~~N v~ ~a~z OWF~ = W Z ~_ U a V Z V O m ~ O W ~~a~ O =oc= oQ~o om° ~~~Q V Jo= WG N Q ~ W o m 0 N Q rn v w ~ w ~ N (,~ ~ 0 0 ~ N ~ N ~ ~ Q ~ H (n II H ~ N N O O V ~ ° o U ~ V ~ ~ ~ V W ~ ~ _ D ~ a rn ~ J O ~ C1 O ~ ~ ~ W N ~ ~ a w H N V ~ ° M ~ r ~ N e~ ~ m z o ~ ~ ~ ~ o a w a W ~ O 0 °- ~ w ~ N z N W t7 ~ W w o z O O N w z LL O H ~ V ~ _ z o a ~ z w v a a Y ~ r N M H u n~°F'~n o~~ ~~wo ~zoi ~Qo m~v~iW >;g~ _~_ o°~LL om~° > °z V ~ S m 8 8 Sob s ~~ ~ s ~_r3 s- ~ ~~ g N sss 8 s~» .. s~ ~ sg °u ° ~ S "» ~ o ~ '"8~ g . 88 «go 9 ~ X88 ~Y 8 88 • ~ E rc »« 88 '88 ~ sa sa ~~~ € ~~ 2 ~F ^g~ U ag O NSN ~ ~ s ~$e $ s $g~ s ~~ W $~~ P SR g 9 5 8g U w M~ g g Q ^''s in O ~ ~ Nl~t$ K N ~. ~ ~ g8Q ~Ra N ~N Z~ **p F--F 3i~ 000 irc N1 uu `o ~ 3 .- ~'~ ~~ ~ ~ z i `o O w W O ~O 1 ~' F ~ ~ ~C °u r `orJ u ~ ~ J r ~ rc sS il0 2 ~Wy .p = 1JN ~~ wJ 3 N O N in M~ F ~ ~ Q Q Q w t~ ~~ 02 ~ - » < W F S ~ ~C ry O 6 ~K J g J g W ~R O '3 O O 00 0 = O N r, L W 7K ~: n oa . . d e au MEMORANDUM TO: Mayor and City Commissioners THRU: David C. James, Fire Chief THROUGH: City Manager ~~~ DATE: October S, 2007 SUBJECT: Agenda Item ~~ ~ - Resular Meeti~ ZOLL Extended Warranty Contract ITEM BEFORE COMMISSION City Commission is requested to approve $18,648.00 for Zoll Extended Warranty Contract. The extended warranty contract for the Zoll M Series Defibrillator with I2 Lead, Saturation of Peripheral Oxygen (SP02), Non-Invasive Blood Pressure {NIBP), and Pacing equipment will expire on October 31, 2007. The one year extended warranty is for 14 units at $1,332.00 per unit, totaling $18,648.00. BACKGROUND This extended warranty is a continuation of the Standard Factory Warranty. The contract dates are from November 1, 2007 to October 31, 2008. This warranty also includes preventive maintenance {2 PM's) per unit per year, with a 20% discount on new paddles and cables, with 50% discount an new batteries, with the use and shipping of a service loaner at no cost during repairs, and no charge for shipping of unit being repaired. FUNDING SOURCE Funding is available through account code: 001-23 i 5-526-46-20. RECOMMENDATION Staff recommends Commission approve the purchase of the one (1) year extended warranty and two (2} PM's for fourteen (14) Zoll M Series Defibrillator with 12 Lead, SP02, NIBP and Pacing units in the amount of $18,648.00. ~~~~• lam. Lvvl 1'.%LVI~~~~ bV LL IIILV 1VIlL ILV11 Vt1a BOLL. EXTENDED WARRANTY CONTRACT Po. # OUST#: 101718 NAME: Delray Bench Ere Dept_ 3614 South Ocean 9fvd. Highland Beach, FL 33487 II U. "? IUV 1 ZOLL Medl~al Corporation 2es Mul Road Chelmsford, Massacitusslts 01824d1p5 www.:oll.com (see) a2~•esss ceoa) a4s~oii is~f3, ~,~,o ~~ DATE: 8/15/2007 ATTN: Rob Moorelahd, chief TEL#: 361-243-7440 FAX ?l': 561-243-7461 EMAIL: MoorefandC~ci.delray-beach.fl.us PART DISCOUNTED EXTENDED NuMeER DESCRIPTION ~ LIST PRICE PRICE PRICE 8888-1009 ONE (1) Year Extended Warranty and 2 PM's 14 $1,480.00 $1,332.00 $18,648.00 LOLL M Series Defibrillator with 12 Lend, SP02, NIBP, and Pacing Serial Numbers T02C31307, T02C31557, T02~9235, T02J3923b, T02J39240, T02S39242, 7031343058, T0394g326, 703843335, 70384337, 703f34333'8, 703943339, 703943348, and T03C44008 CONTRACT DATES: November !, 2007 to October 3I, 2008 ONE (1} YEAR EXTENDED WARRANTY INCLUDES: '~ 10°I° Multi Unit Discount * Preventive Maintenance (PM} 2 PM~s per unit per year * 20°/. Discount on New Paddles and Cnbfes * 50°~ Discount on New Batteries *The use and shipping of a Service Looner nt no cost during repairs. * No charge for shipping of unit being repaired. NOT 5: * Extended Warranty is a continuation of the Standard Factory Warranty. * List prices quoted are firm for 60 days. " Terms are Net 30 Days. CANCELI.IITION POLICY The request to cancel an Extended Warranty must be sent in writing to the Technical Support Contracts Department. The Extended Warranty Contract wif I be terminated b0 Dnys after receipt of request to cancel. f Authorized signature / Date Peggy 9 t Technical Support Contracts Sales Rep. rrv.... IJr LVVI .V. LV11ilr ~.vLV r.ry.V{vrrV rVVir vl.. rev. r r. iVV I BenetTits of Purchasins an Extended Warranty Contract • All Parts and Labor at no charge ^ All Shipping, Handling and Insurance fees at no charge • Free Service Loaner, with overnight delivery, during the duration of the repair • All Parts and Labor for Paddle repair covered under the Extended Warranty SO% Discount on device repairs not covered under the Extended Warranty Contract; Repairs at 50% discount include cracked housuags, damaged displays or water damage • 50% Discount on all Battery Packs • 20% Discount on the replacement of Paddles that cannot be repaired • 20% Discount on new Cables • Discount on Preventive Maintenance when purchased with an Extended Warranty • Protection against yeazly increases in Parts, Labor, and Shipping costs • Multi-Unit Discount Fxcwarae°erts (Z).aoo u~a.,~a: im~oa HUU. 17. LUUI IU,LUHIVI [UL IYICUI~NL C~•1vY1i ZOLL llAgdipl Corporaalon Worldwide Headquarters 2fi9 MIII Road Chelmsford, MA 01824-4105 USA Phone: 800.242-8150 X8362 FAX: 978-i21-0010 Email: pcota~OLL.oom 0 av. Yiuv ~. Z~~~o aevonerng Ravruo;ta:;an. ToAQy.' "`.. To: Rob Mooreland, Chief From: Peggy Co#e Rea Delray Beach Fie Depar#ment, FL Pages: 3 Phones {561) 243-7440 Daro: August 15, 2~7 FAX: (561 } 243-7481 D Urgent ~FOr Review ^ Please Comment ^ Please Roply ©Please Reayde Dear Rob: Following is the quotation for renewing the Extended Warranty on your ZOLL equipment. Your current Extended Warranty Contractwiil expire October 31.2007. When you renew the Extended Warranty you can receive: • 10% Muni Unit Discorxlt • Parts and Lahor at no charge • 50% Discount on Battery packs and 20% Discount on the repair or replacement of cables • 50°k Discount on repairs not covered under the Extended Warranty To renew your Extended Warranty, if you use a Purchase Order, please write the P.O. number on the tap of the quote and fax a hard copy of the P.O. to my attention at 978-421-0014. tt you do nat use a Purchase Order, please have an aukhollzed person sign the Extended Warranty Contract and fax to my att ntion at 978-4Z1-0010. ds ~~{ ' C ~V Techni Support Contracts Sales Representative MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: f~~~ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: OCTOBER 10, 2007 SUBJECT: AGENDA ITEM # ~• ~ -REGULAR MEETING OF OCTOBER 16, 2007 "PROJECT HOLIDAY -YOU ARE NOT ALONE" ITEM BEFORE COMMISSION City Commission is requested to endorse the 2°d Annual Project Holiday sponsored by "You Are Not Alone" and authorize City and staff support as requested. BACKGROUND Project Holiday is a program through which items needed by our service personnel overseas are donated to the You Are Not Alone organization, who with their volunteers will package and send items to our service personnel overseas. They are partnering this year with the Church of the Palms as their non profit group. Attached is additional information about You Are Not Alone and the project. They are not asking for City funding, but are requesting City support and assistance as follows: Support needed from the City includes: • Assistance in preparing and getting out PSA's on the program • Help with promoting and organizing the program • Lead role in getting letter writing packets to the schools and in getting these back with the assistance of Janet Meeks • Authorizing City facilities to be used as collection sites for items donated • Assist in providing volunteers to help do the packing of items to be sent Support to be provided by You Are Not Alone and Church of the Palms includes: • Assistance in promoting the project • Pick up and transport of items collected, location to be determined • Provide supervision of packing process • Identify service persons to whom items will be sent • Identify items that are needed • Make follow up calls to volunteers • Ship items and letters The proposed time schedule for this project is as follows: • Week of October 17, 2007 -Kick off program • November 9, 2007 -Deadline for receipt of letters and items needed • November 10 & 11, 2007 -Pack all items at Community Center December 4, 2007 -Deadline to ship RECOMMENDATION Staff recommends approval of staff support as requested for this project. U:\wwdataWgendaWgenda Item Project Holiday 2007.doc ;~ City of Delray Beach, "You Are Not Alone", and Church of the Palms Congregation Team Up for tad Annual Project Holiday The City of Delray Beach and ^You Are Not Alone^ will join with Church of the Palms Congregational to gather much needed items by our military men and women overseas to be delivered in time for the holidays. Project Holiday begins Wednesday, October 17, 2007 and-ends Friday, November 9,.2007. ^You Are Not Alone^ is a local group of families who have family members serving overseas; many in conflict areas. They meet the 4th Thursday of every month at approximately 6:00 pm at the Community Center to share news of their loved ones and to provide emotional support to each other. If you have someone serving overseas, you are welcomed and encouraged to attend. Church of the Palms is a local non-profit corporation church committed to help , send care packages of needed items to our troops overseas. The City of Delray ~ ~ --- -- - Beach is an active supporter of these group programs. Project Holiday has been initiated by Commissioner Brenda Montague in cooperation with Alberta McCarthy, founder of ^You Are Not Alone^ and with Church of the Palms to begin gathering the much needed snacks, personal hygiene products and other items that will be included in every package. The entire community is urged to contribute at drop boxes located as follows: Delray Beach City Hall, 100 NW 1st Avenue Delray Beach Community Center - 50 NW 1st Avenue next to City Hall Veterans Park - 802 NE 1st Street off East Atlantic Avenue Pompey Park and Pool - 1101 NW 2nd Street (Martin Luther King Drive) 0505 ^ Teen Center - 505 SE 5th Avenue north of Linton Delray Beach Tennis Center - 201 West Atlantic Avenue Delray Beach Municipal Golf Course ^ 2200 Highland Avenue Greater Delray Chamber of Commerce ^ 64 A SE 5th Avenue Delray Beach Public Library ^ 100 West Atlantic Avenue Items Requested: Thermoguard pads (heating pads) Bags of hard, individually wrapped candy (lifesavers, dollar store hard candy, no chocolates except for tootsie rolls, tootsie roll pops. charm pops, etc) Snacks that can easily be put in their pockets while on duty (fruit cups, peanut a butter crackers, etc) Gum Beef jerky, Slim Jims, pepperoni or similar dried meats Boxes of granola bars or similar Individual bags of nuts, dried fruit, trail mix or sunflower seeds Boxed and/or individual drink packets (Crystal Light, Walmart or Target brand, Kool-Aid, hot chocolate, etc) Non-perishable food items Foil packed tuna and chicken Crackers Sun block Lip balm Baby wipes (no bigger than 2 %i ^ wide packages) Purell hand sanitizer Hand lotion Batteries (AA or AAA) Small holiday knick knacks (pre-packaged or boxed to avoid breakage) Foot powder Deodorant Toothpaste Socks (whit or black knee-hi) Phone cards (AT&T) Disposable cameras Used CD ^ s, DVD ^ s (no VHS tapes or cassettes) Letters, notes, holiday cards, encouragements cards NO COFFEE To make a monetary donation to help pay for postage and calling cards, send a check or money order made payable to Project Holiday and mail to: City of Delray Beach, c/o Delores Rangel, 100 NW 1st Avenue, Delray Beach, FL 33444. If you are a City resident with a family member serving overseas and would like a package sent to them or wish to volunteer to pack items for shipment on November 10th (2:00 pm ^ 4:00 pm) or November 11th (2:00 pm ^ 4:00 pm), for information please call Delores Rangel at (561) 243-7010 or visit the City^s website at www.mydelraybeach.com. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM:ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER~~~ DATE: OCTOBER 8, 2007 SUBJECT: AGENDA ITEM # ~ • t"[ -REGULAR MEETING OF OCTOBER 16, 2007 SPECIAL EVENT REQUEST -HOLIDAY PAGEANT PARADE ITEM BEFORE COMMISSION City Commission is requested to endorse the Annual Holiday Pageant Parade co-sponsored by Parks and Recreation Department and Chamber of Commerce to be held on December 8, 2007 beginning at approximately 6:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to NW 1St Avenue for the parade route and Miramar, Lowery, Gleason and Andrews for parade set up from approximately 4:00 p.m. to 6:00 p.m. Commission is also requested to provide staff support for traffic control, security, EMS assistance, barricading, trash removal, clean up and processing of the FDOT street closure permit. BACKGROUND Attached is a permit received from Danielle Beardsley requesting approval of this event with a copy of the event site plan and budget. The parade will end on NW 1St Avenue in front of City Hall again this year. Since the event is co-sponsored by the Parks and Recreation Department, there will be no charge per City policy for City costs and a Hold Harmless Agreement or Certificate of Insurance is not required. The estimated costs for the event which include overtime, barricade rental and trash boxes are approximately $10,100. FUNDING SOURCE A total of $1,500 is allocated from City Commission Special Events account number 001-1111-511- 48.10. RECOMMENDATION Staff recommends approval of the event, the temporary use permit and staff support as requested with no charges for staff overtime or barricade rental. RAB/db Attachment U:\wwdata\Events\Holiday PazadelAgenda Item Holiday Pazade 200~.doc 19 4 L T 1~ '. "~ Event Name/Title: City of Delray Beach Special Event Permit Application VG~MI PGK11 i L 0! I D A ~~~~ SFp ~ ~~~~ "~ ~ A ps ~N/S.T l Z40~ ~ PLEASE TYPE OR PRINT F~Vi~FSri~F ~~~~ Event Date(s): ~?(~, ,~ , r~b ~ Times: f~_~X , ~',~~ Event Sponsor/Producer: ~ Event Contact/Coordinator: ~'~~~ ,!~ 1'f )f~~ ~ ,~ `1.~ ~,L~ Name: Address:_5~1~, Telephone Number: E-mail Address: Event Description/Purpose: umber: ~~~ ~ ~ Brief History of Event (If applicable):~p,~~ ~~~ ~~_ Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): ~ ~ ;t_. ~~ ~ ~n,~` Number of Individuals Served Previous Year (if applicable):,~(~(~ - ~~) n~~ Describe the targeted population an expected attendance: ~ ~ Y 1 i .~ 1 Describe how the program or project addresses community needs: Describe your Mazketing/Promotions Program (How will yo azket/promote, i.e. TV, radio, posters, flyers, web sites, other): r Sponsor Category (please check) City~Non-Profit/Charitable ^ Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non profit attach proof of S01 c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe azea boupdaries of event/location): Site plan attached: yes no (Site plan required for entire event sites Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) . Rental of Old School Square: yes no~ (If yes, attach proof of approval) Private Property Use: yes no~ (If yes, attach letter giving authorization from property owner) Event budget attached: yes no (Required for all events) ~ ~ ~` ~ ~ I ~~ Previous yeaz RevenueBxpense summary attached: yes no (Required for all events) ~ ~(J .~ ~l Do you have cash sponsors for the event: yes_~ no (Indicated on budget) Do you have inkind sponsors for the event: yes no ./~ (Indicated on budget) C:~Documents and SettingslLislDesktop~.Special Event Permit Application FINAL 9.6.07.doc Serving or selling alcoholic beverages:. yes no~ (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no~_ (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) (~) ~ .~ (~ Playing of amplified music: (Waiver required) yes no Will there be entertainment: yes no_~~ (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes~_ no (traffic controUsecurity) Will supplement with private security: yes no~ (If yes, need plan attached) Requesting Emergency Medical assistance: yes~_ no Requesting barricade assistance: yes~_ no (If no, how are you handling?) Requesting trash removaUclean up assistance: yes no (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes no Requesting stage use: yes no~ (If yes, check type) Large stage (14' z 36') ^ Small stage (16' z 21') ^ Half small stage (S' z 21') ^ Requesting signa.ge: yes ~ no Type: 4'x4'Event sign Parking Signs Banner hanging Indicate dates required_Ir/t/Q V ~7~~ (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: (If yes, size & power) yes no~~ Food and beverage vendors: If yes, appro~mate number (Health Department approval required) yes no~ yes no C:~Documents and SettingslLisilDesktoplSpecial Event Permit Application FINAL 9.6.07.doc Other vendors: yes~_ no , ~ J~~ (Indicate tYPe) ,~.~.~ ~~Q~~Z~) i X~~~~-~=~~~~ ~~s Tents: yes no~ If yes, How many R'hat size or size required (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no~ (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on site map) yes no~ Will there be a chazge for the event: yes no~~~ (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no~ (If yes, contact Fire Marshal to obtain and complete permit application Will there be cooking with compressed gas: yes no~ (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no_~ (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved pazking requested: yes no~_ (If yes, indicate locations and purpose for use) Event Pernut Attachments: Revenue/Expense Budget-lt)i ~~ ~ (~~ '~~~ Revenue/Bxpense Recap Last Years Event (,U i ~ ~ -Site Plan _~Letter Requesting Noise Ordinance Waiver ~,~_Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status ~-(~ General Liability Insurance C_erh`-~icate --Wi.Ci ~D~~~ Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:1Documents and SettingslLisi~Desktop~Special Event Permit Application FINAL 9.6.07.doc i ~ ~-~~-~~ Event Contractor/Co a or Date Please print:' ~~ Please enclose the appropriate non-refundable application fee payable to the City of Dekay Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only ~ Date Received Q~ 1? Application fee received $ !`~~ n ~~~t 5p ~ ~-~/ C:~Docwnents and SettingslLislDesktoplSpecial Event Permit Application FINAL 9.6.07.doc 2006 Holiday Parade Income/Expense and 2007 Estimated Income/Expense 2006 income: 2006 expenses: City of Delray $1,500 Bands (payments to schools) - $1,800 Band Sponsors $2,100 Signs & banners $ 250 Vendor Income 200 Trophies $ 100 Banner Carriers (Delray Soccer) $ 250 Total $3,800 Bob's Barricades $ 200 Misc. Total $2,400 Income over Expense - $1,400 2007 Estimated Income: 2007 Estimated Expense: City of Delray $1,500 Bands (payments to schools) - $1,800 Band Sponsors $1,500 Signs & banners $ 200 Vendor income 200 Trophies $ 125 Banner Carriers (a local school) $ 250 Total $3,200 Bob's Barricades $ ~ Misc 150 Total $2,525 Estimated income over Expense - $675 ~ Greater Delray Beach Chamber of Commerce ~ 64 SE 5th Ave. ~ Delray Beach FL 33483 ~ (561) 278-0424 FAX 278-0555 bwood(a~delraybeach.com ~ www.delravbeach.com Delray Beach Holiday Parade Route W Tennis Community City Hall Center Center NW 1st Avenue N Federal Highway South ^~^ Q Federal Highway North V e n u Intracoastal Waterway D1V1s1OII B Miramar N N to ~ N N w N N N ~-. O ~, ~ ~O ~~ ~~ ~~ ~~ -P ~-. ~--~ W N ~, ~ ~ O ~ ~ ~ ~ ~ -P W N ~ Venetian Drive 252321 191715 13 11 9753 1 242220 18 16 14 12 10 8 642 Division A Gleason Street J` Start of Parade Seabreeze Avenue N ~ th N N N r-+ N N ~ O~ N .-r ~ r, ~~ ~~ ~~ M ~--a '-" N .--~ ~ .--i O Q~ ~--~ h o0 ~n ~O M t7' r-+ N Division D Lowry 1357911 13 151719212325 24 6 8 10 12 14 16 18 202224 Division C Andrews Ave. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~~~, ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER~~/" I DATE: OCTOBER 8, 2007 SUBJECT: AGENDA ITEM # ~• 1. -REGULAR MEETING OF OCTOBER 16, 2007 SPECIAL EVENT REQUEST -HOLIDAY TREE LIGHTING AND ART AND JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Holiday Tree Lighting and Art & Jazz on the Avenue scheduled for November 29, 2007 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to NE/SE 7~' Avenue, to the alley north of Atlantic Avenue on NE 1st Avenue, NE 2nd Avenue, Railroad Way, and NE 4~' Avenue and from Atlantic to the alley south on SE 1St Avenue, SE 2nd Avenue and SE 4~' Avenue. Commission is also requested to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal, clean up and use of the new City stage. BACKGROUND Attached are the special event permit request, budget, site plan, Hold Harmless Agreement, and Certificate of Insurance and Holiday Tree Lighting schedule for this event received from the Downtown Marketing Cooperative. Art and Jazz on the Avenue sponsored by the Downtown Marketing Cooperative and the Holiday Tree Lighting sponsored by the City are again being combined into one event. Entertainment will be located at various locations along Atlantic Avenue, as well as at the Tree. The estimate of overtime cost for this event is $10,500 of which $5,000 is assigned to the Tree Lighting and $5,500 for Art and Jazz on the Avenue. Based on Special Event Polices and Procedures the Downtown Marketing Cooperative will pay 35% of their share of the overtime costs plus part of the trash box cost. The stage is being used by the City for the Tree Lighting; therefore, there is no charge for the stage use. Estimated cost for trash boxes is $700 and stage rental cost is $1597. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, street closure, and staff support as requested with payment of costs to the City per the agreement with the Downtown Marketing Cooperative for the Art and Jazz on the Avenue portion of the costs. RAB/db Attachment U:\wwdatalEventslArt & JazzWgenda Item Art & Jazz on the Ave & Tree Lighting 11.29.07.doc ~ " ~ ~,a DELRAY BFACH City of Delray Beach ~.~~,~~~~~ ~~~; Special Event Permit Application 5 EP ~ , 9 2001 ~ ~' AL7IWINlSTRATIVE C~ PLEASE TYPE OR PRINT~~RVlcr=s ~g~3 ~~ 1 l- Zoos Event Name/Title: A~ ~' ~ ~~'J1~.~ ~ 1~~ ~• ~1~1~1_ _ L`~~~~ i- I 7 / Event Date(s): ~ ~~ ~~ Times: (D'" C/'')~ Telephone Number: E-mail Address: m Planned Activities (Outline of activities/number ~iildr~p's rides, games, other programs): oL Number of Individuals Served Previous Year (if applicable): ~~~ ~~C>>Q~, the targeted population and ax~ ected attendance: L /i t n n .. 1.~ n1~V~uv~ /yi ~,, ~ 1 i G~,,~~ Event Sponsor/Producer: Describe your Marketing/Promotions Program Sponsor Category (please check) City~Non-Profit/Charitable ^ Private ^ Co- ponsor -Non-Profit/Private ^ (If Non profit attach proof of SOlc(3), c(4), c(6), C(1 D), or c(I~ or (d) Event Loc~ion (Describe area bour}daries of gvent/hocation): ~l~q~IG (J1,p~ Site plan attached: yes ~ no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no (If yes, attach proof of approval) Private Property Use: yes no ~, (If yes, attach letter giving authorization from property owner) Event budget attached: yes~_ no (Required for all events) Previous year Revenue/Expense summary attached: yes X (Required for all events) Do you have cash sponsors for the event: yes_~,~ no (Indicated on budget) Do you have inkind sponsors for the event: yes ~ no (Indicated on budget) C:1Documents and SettingslLisilDesktop\Special Event Permit Application FINAL 9.6.07.doc no 00o vQlu~„ Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: ~ yes_~~ no (Waiver required) ~/ Will there be entertainment: yes /~ no (If yes, attached list of Performers and/or DJ's) ''~' If yes, sponsor agrees all entertainment will b family oriented and contain no obscenities: yes~~ no Requesting Police assistance: yes ~ no (traffic control/security) Will supplement with private security: yes_ ~ no_ (If yes, need plan attached)'~~~ -'`j~,~k, `~,~N~~ p~ "Tire„ Requesting Emergency Medical assistance: yes no~_ Requesting barricade assistance: yes~_ no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes_~~ no (Will be billed to sponsor) ~,ue~sting trash bo~X containers and lin~er~s~~' yes_~_ no P ~ ~ ~rYl~ ~ ;o~~ 1~F,u~abit ~o~ r~ u~bd. Requesting stage use: yes no (If yes, check type) Large stage (14' x 36')~ Small stage (16' x 21') ^ Half small stage (8' x 21') ^ Requesting signage: yes ~ no ~ Type: 4'x4'Event sign Parking Signs 1. Banner hangin Indicate dates required Lt~~el~ t~ r Cbr~ Tt~o~l~v~na (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: yes~~D no (If yes, size & power) Food and beverage vendors: ,~' es ~ no If yes, approximate number ~ 0~~ `~~ a1,~y (Health Department approval required) yes no C:\Documents and Settings\LisilDesktop\Special Event Permit Application FINAL 9.6.07.doc Other vendors: (Indicate type) no Tents: yes~_ o If yes, How many What size or size required (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on-site map) yes no_~ Will there be a charge for the event: yes no~_ (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no~_ (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no I _ r + (If yes, indicate locations and purpose for use) ~~ ~ ~~` v (~ ~(Q,~ ` YtTT l'~. Event Permit Attachments: _~Revenue/Expense Budget ~Revenue/Expense Recap Last Years Event Site Plan ~_Letter Requesting Noise Ordinance Waiver _~Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner X Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:1Documents and SettingslLisilDesktoplspecial Event Permit Application FINAL 9.6.07.doc F... 1 . y~ ~ ~ a Event Contrac or/C rdin. or Date Please print: 1 Please enclose the appropr>a a non-re undable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Onl ~j /' Date Received ~ ~~ ~ ~~ Application fee received $ ~~~ " C:~Documents and SettingslLisi~Desktop\Special Event Permit Application FINAL 9.6.07.doc z m -i O .-~ ~o ~ ~ m w c ~ c~ ~ --~ o ~n T v ~_ ~ a ~ ~ x D c> m o vcn 0 0 c c> - m ~ cs > rn > v_, Da < X o o '+ m ~ ~ z 7 m c ~ z n ~ '~ Tz i - -1 D ~ io q S ~ L' - r = m ~- o v ~ m -n a ~ i -e ~ D~ m ~ m ~ ~ }~, °- ~' m ~ m ~ > ~ ~ ~ 2 ~ r ~ a c ~ o N p ~ !1° D r D A ,,,r F- m ~ ~i ~ m o ~ ~' a , ~ ~ m > V - M g' o pa o £ -gy m m m ? Y r(+° ~r O ~ ~ 3 ~ m ~ m a ~ (n m z ~ v a ~ m o a d m • ~- ~ D z !i~ x 3 ° , 'r1 c _ ~ w ~ ~ o c> o ~p ~ -~ ~ 3 - n a p m ~ 3 °~ Ul ff ~ ~ m po ~ j D t. m z ~ i 3 ti 3 > > ~ c a ~ a ~ ~ ~ Z m $ ~ x D ~ a '~ to a 0 3 o ~ ~ m 3 m ~ D m A N ~ ' m pe ' o m C7 g Z n D ~ w N ~ ' ' ~ - d1 r71 7 n O rn ~ y a i ii i W W A W fly O1 A -P ~ w O tNa1 O O O Q P l D r aD O O O V [3f O W OD U1 W "'~ $ J J W N ~ ~ ~ m b J O ~ p N O 0 0 J N ~ C L Q m -- ~ ;, ~ rn -i N O N t0 O O _ N O N V _ N N J G ` ~ O ~r m ~ O O ~ ~ 8 0 '- OOO Q~ pp A Ce r -+ A O O O W O S S O tT ~ OO fli O O Z O N N ~ W W W ~ O> ~ A V pp ~ A O O1 O O O p O1 ~ N O rN W "'~ O ~ v ~ A N ~ W ~ O N a a ~' t0 01 +O ) ~ 1 p ~ w S W O O O O O O NN p 0 ~,/ N q N N ~p pp O ~ W N W 001 1 0 d V 71 I O O O ~ ~ C G O ~ O N N ~ C W rn 8g S pp 8 p ~ S ~' ~ r~ $ 55~~ ~ ~+ o ~ 5Q~ 8 ° o o° o °o o°O ~ ~ ~ O O O O O m ~ 25 25 $ o ~ _ c 0 C ~ V Op N c O C Z O1 ~ ~ w01 vNvp~ Np pN ppqq 0WN 'P pO/ W G G ~ Q ~ W O N W 8 O p O 0 0 ~ 0 p O ~ m Ol ~ N ` V O O O O V 0~ 1 W ~ m 0 ~ w ro w eO1i1 + a' r : ) J N 0 a+ A Y/ m y, ~ ~ g 5~ ~ x 0 ~ 5 5 25 25 ~' ~ ~ 1 ~5 ~~ 5 ZS Q 25 o g ~ ~~ 5 S g ~ ~ 7i 25 25 w . x ~ ~ D p i g ~ _ ~ g m Q ~ D ' fao m umi Q ~ ~ ~ m f ~ m ~ g 3 ~ ~ _ ' ~ ~ ~ ~ & ' c ~ w ~ ~ 3 a u n ~ _ m 3 ~ ' ~ m ' o ~ m F 3 fQ m N 7 7 rn ~j ~ I~ o o ~- ~ ~ ~ ? ~ o Q '`E I p$ N ~ o o ~ `b' g 25 ww 25 Sm~ 75 wQ ZS ~n ~ vgg S Q 25 0 ~ + !Q 25 RI ~ N G ~ Z5 g g 25 g I ~~~ _CERTtFICA'fE CF LIABILITY INSURANCE ' PRODUCER ~ TH18 CERTIFICATE IS 188UED A9 I Ths P1 a^ tri a ~Cy, Isic. 830 N ~ ~ ONLY ANO CONFERS NO RIGHTS HOLDER. THISCSRTIPICA'rEppE .Z. 6t ve ati >'elray Seaoh !L 33493 AL~R THE COVERAGE ~~~ phone: S6I-376-5221 laxa961-;t76-5244 IN9URERSAFFORDINGC.OVERAGE Dear gg ach orn >Mletg ~at~ve:D ]- D bambar EOAIRERA: .~ee.a.i. zaYr..a. a,.a u,a,~4, ~ ~ y O eleay 8eae~ ~>Qaa~Eh Ai N8U11ERC~ resi •• ae3r.y 9.aeh !L ~3~93 +NauReleo- THi POLICIES OF Nq~µCF L16TSp 9ELOW NAY! SEarrl asu®o TC TWE RJSURGp NAMW ASOVai FOR THE FOUCY F6[OD R~Ic ANY ti6olxRiMENT. Y~ OR CONDITgN OF ANYOONi,s~CTOR OTHaI DOCUMENT WITH RESF[CT TO NRlCN TH19 CERTIFICJI7 MAY !'GRTAMt TiIE INSURANCE AFFORDED BY TIE POU:9'sS DESCRIaED FEAEIN q 8U61ECTT0 ul THE TEAMS GKCIUSR')N$ Al POLICI~, A0011EOATE LRdRS iFFQVIN MAY HAK EEiN ~a~uCED 6Y FIAID C WMB, NE OF MdSURANCE FOLJCY MUMSFR DA csslERAi. I,fA~41TY A X X COAM~iSRCMLGiiP16RALUABIYTY CL9131eS40 01/Z3/07 OZ/33/D~ CWMSMACB X~ OCCuR c;ENt AacatcATE uwNT AwPLes PER; aaucY roc _ AUTOYD~LE LYieILITY ANYAUTO At,L OYMIID AUTC+i SCHBOUGEp AU'hD9 MII1q! AN'I'OS NON•ONmW AUT1Da dARAbE LIAOLITY ' ANY AUTO WOES[gIAA`IIELLA LIA~ILf1Y OCCUR ~ CtAMAE MADE DeoucreLa RETENTn7N s NI~118 CDMrENEl1TION ANO [EIr~cYElw uAaalrY ~e~o"~ "swoe~ ~wr"`E SPoeial iveat - 6 J-rt k Jas: {I~ the Avenue. City of Delray Beach a~ additioaal i:saured. ACORD M ID e>s DATe pNNOOrYprY, a'r-2 07 18 07 ILiR OF INFOpp~~TION ' THE CERTIFICATE ' AEEEND, EXTEND OR THE POLICIES BELOW. NAIC / IT~p, N07NIiTHSTANDIN3 MAY !!!< OR D CONDITONa OF 9UCH LIMRE ~cHOCC~RRe+cE s 1000000 ~ M sSD000 M6pEi0+(AiyanePd~f s "91sOMALaAwuI,NRY x1000000 GENFRALAC~;gEOATE s 2000000 FRDDUCTa•COMrroPAOO J D SRVfi.a 1EgI~ : ~ i (F1-YN~an) s fhr~cotlal (Pv~oAW166 ~ AUTO ONLY •!a ACCIDENT 7 map T~ EA AGC " ~ ~~ ~~ AQQ t EAGtOCCUARENCE i AOORE3ATE s s TORY Gl. EACH ~ e~. D19eASe . EA eMPLaY[ s a~. oaEAee • FDUCw I.r-oT s is liatad ..ra...cr...,. wn CITYD- i EIIOIILO ANY OF THE A/OY[ DESCRIOED FQ~-C~EE ~ eANeE~LEa aRFOaE TIIE EIIFIRATIp DATE TNER4pF, THE W9UING INiURER NR~L ENDEAVOR Tp MAR. 3O DAYS NRtTTgy NOT'IC[ TQ THE CERTIFICAT! HOLDlR NAMEb TO TN[ llPT, BUT FAILURE TO 64 aD ENALL City o L De 1 ray Soach 16~s ~ DeuDAroR ~ uAaurr of ANY NINA UPON TN@ INSURER, O3 Ao[NTS oR l00 ff.9P. i.t 7lveaus REVR~ENTAT1VEi Delray Beach fL 33440 ~T D~pRSS~rA ~ ~.,~ ~ k~~~- 1i. c° ~~~~ :ass 0 o 'o -n --- z *` cc .,. 4i,-~. ~r _. , ~~ ~ r t ~ ~ ~ - ~ .~ ~. '~! I'f1 ~ ~ ~ ~' EF + ~ ~ `~rg ' "°'~ EP ~_ s ~ r o ~ ~- ~. ~ `- rya <.~„ -x '~ ~.~ i,~ ~' : ~ '~, ~r ~ ~, t ~.~.,. ~ t.'~' _ ,1 _ ~~, ~~,. ~ _ _, _ .~ _. r ~ ~._ F~ ~ 1yE $TH AVE ..~+.r a_ ~ ~ ~a ,~_ ~~ ;, ~_ ~A. °# ~-~ ... _ ~e ~ ~ s ~~ ,v A •r Art & Jazz/ 100 ft Tree Lighting Entertainment Schedule 5 pm School children and community organizations performing on the new City Stage located on NE 1St Avenue by the 100 ft. Christmas Tree. 6-10 pm Various Jazz bands and groups to perform from Swinton Avenue to SE/NE 7th Avenue 6 pm Tree Lighting Ceremony held in the Cornell Museum front yard 6:10-10:00 School children and community organizations continue performances on the new City Stage located on NE 1St Avenue by the 100 ft. Christmas Tree. SPECIAL EVENT HOLD HARMLESS AGREEMENT The Delray Beach Downtown Marketing Cooperative (comprised of the Community Redevelopment Agency, Downtown Development Authority, Chamber of Commerce and the City of Delray Beach) agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Delray Beach Downtown Ma eting Co erative u ~, of Ci Faci ' ' s or property for the special event of nd hereby releases the City of Delray Beach, its agents and employe s fro all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of,~loss, d age o 'njury t pers or property arising from the special event of f'S-~ 4,~'.7.~. ,~O~Ig ~'' * This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative as covered under Scottsdale Insurance Company Policy number CLS 1334466 Frank Wheat, Chairman Community Rede~opment Agency Louis Carbf6ne, Chairman -~ Downtown Development Authority William Wood, Presi nt Chamber of Commerce Robert Barcinski, Assistant City Manager City of Delray Beach Revised 4/21/06 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ELIZABETH B. ALPERT, NEIGHBORHOOD SERVICES ADM ISTRATOR THROUGH: CITY MANAGER DATE: OCTOBER 11, 2007 SUBJECT: AGENDA ITEM -REGULAR MEETING OF October 16.2007 HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE COMMISSION Approval is requested for two (2) Housing Rehabilitation grant award to the lowest responsive bidder. This request is in accordance with the City's Neighborhood Services Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. In addition, the in-house policy allows the City to award rehabilitation contracts to another responsive bidder in the event that the lowest responsive bidder's performance on the current job is proceeding unsatisfactorily and/or the contractor has more than three (3) open projects at any given time. FUNDING SOURCE State Housing Initiatives Partnership 118-1924-554-49.19 RECOMMENDATION Staff recommends awarding the bid for two (2) Housing Rehabilitation project to the verified responsible low bidder. 8.S CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 2008-01 APPLICANT: Ola Mae Holland PROJECT ADDRESS: 605 SW 8th Avenue DATE OF BID LETTERS: DATE OF BID OPENING: 9114107 10/9!07 BID AMOUNT GENERAL CONTRACTORS Brigcon Consulting Services, LLC. Cordoba Construction Co., Inc. Craftsman Plus, Inc. DMD Construction Group, Inc. Ffeisher's,1nc, Gadsden Property Investment, Inc. Haywood Construction I.Q. Constructions, Inc, Joines Construction & Development, LLC. M & A Builders, LLC. Master Contractors, Inc. Morra Construction Corp. Precision Construction Group, Inc. Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. StarMark Properties, Inc. Sun Band Builders Construction, tnc. In-House Estimate: CONTRACTOR AWARDED CONTRACT BIDICONTRACT AMOUNT 5% Contingency FUNDING SOURCE: $ 29,935.00 $ 38,100.00 No Bid Bond $ ' 41,295.00 $ 43,102.43 $ 34,842.00 $ 40,927.20 No Bid No Bid Bond $ 40,975.00 $ 32,350.00 $ 39,530.00... $ 42,753.60 Ray Graeve 8~ Sons Construction, LLC $ $ 32,350.00 1,617.50 $ 33,967.50 State Housing Initiatives Partnership 118-1924-554-49.19 Account # COMMENTS: Lowest bidder withdrew bid CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID # APPLICANT: 2008-01 Vernice White PROJECT ADDRESS: 515 SW 8th Avenue DATE OF BiD LETTERS: 9/14/2007 DATE OF BID OPENING: 10/9/2007 GENERAL CONTRACTORS Alpha South Construction,lnc Brigcon Consulting Services Cordoba Construction Co., Inc. Craftsman Plus,lnc. DMD Construction Group, Inc. Fleisher's Inc. Gadsden Property Investment, Inc. Haywood Construction I.Q. Construction Inc. Joines Construction & Development, LLC. M & A Builders, LLC. Master Contractors, Inc. Morra Construction Corp. Precision Construction Group Inc. Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. StarMark Properties Sun Band Builders Construction, Inc. In-House Estimate: CONTRACTOR AWARDED CONTRACT: BIDlCONTRACT AMOUNT 5% Contingency FUNDING SOURCE: Account # BID AMOUNT $ 30,345.00 35,320.00 No Bid Bond $ 33;880.00 No Bid $ 31;600.00 $ 36,716.40 No Bid Bond $ 31,890.00 $ 31,205.00 ..37,405.:00 $ 38,859.75 Cordoba Construction Co., Inc. $ 30,345.00 $ 1,517.25 $ 31,862.25 SHIP 118-1924-554-4 COMMENTS: Lowest bidder was awarded project. Agenda Item No.: ~' '" AGENDA REQUEST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda x Consent Agenda Description of item• (who what, where, how much: File Number Address Contractor Grant Amount 06-156 515 SW 8th Avenue Cordoba Construction Co., Inc $ 31,862.25 06-131 605 SW 8th Avenue Ray Graeve and Sons Construction $ 33,967.50 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends approval of two (2) State Housing Initiatives Partnership (SHIP) Program Housing Rehabilitation Grant(s) in the amount listed above for a total award of $ 65,829.75 SHIP Total: $ 65,829.75 ccount Number: 118-1924-554-49.19 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: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: ~/NO c; Hold Until. G Date: October 11, 2007 When: October 16, 2007 Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: MAYOR AND CITY COMMISSI NERS FROM: JASMIN ALLEN, PLANNER ~-~~ PAUL DORLING, AICP, DIR CTOR P NNING AN ZONING-P~ ' THROUGH: CITY MANAGER ~~~ DATE: OCTOBER 10, 2007 1/ SUBJECT: AGENDA ITEM # ~~ K - REGULAR MEETING OF OCTOBER 16, 2007 REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 1, 2007 THRU OCTOBER 12, 2007 ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of October 1, 2007 through October 12, 2007. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meeting of October 10, 2007 A. Approved (5 to 0, Johnny Kincaide arrived later, Jose Aguila absent), a Class I site plan modification associated with replacement of the existing store front glass, the addition of three windows, the replacement of rear entry doors, installation of awnings and repainting for an existing commercial building located at 90 SE 4th Avenue. B. Approved with conditions (5 to 0), a Class II site plan modification associated with the addition of a sunroom/storage room to the rear of the clubhouse for High Point of Delray Condominium, located at 245 High Point Boulevard West. C. Approved (6 to 0, Johnny Kincaide arrived), a Class I site plan modification associated with architectural elevation changes and minor site improvements for a single unit (Unit #2) located within a 5-unit townhouse development at 628 SE 5th Street. City Commission Documentation, Meeting of October 16, 2007 Appealable Items D. Approved (6 to 0), a Class II site plan modification associated with the upgrade and renovation of the front entry lobby and landscape feature for Delray Medical Center, located on the south side of Linton Boulevard, west of Military Trail (5352 Linton Boulevard) E. Tabled (6 to 0), a Class I site plan modification associated with the installation of a 1,034 sq. ft. sales trailer for Seagate Residences, located at the southwest corner of Ocean Boulevard and Casuarina Road (400 South Ocean Boulevard). The Board requested that the architectural elevations plans be revised to reflect the architecture of the building and that the parking, drive aisle and landscaping plan be modified F. Approved (6 to 0), a Class I site plan modification associated with the installation aluminum columns and awnings for Anthony's Coal Fired Pizza, located at the northeast corner of NE 1St Street and NE 6th Avenue (115 NE 6th Avenue). G. Approved (6 to 0), a Class I site plan modification associated with exterior renovations to add guardrails, windows, doors, a new roof and repaint the Linton Bridge Tender's House, located at Linton Boulevard and the Intracoastal Waterway. Historic Preservation Board -Meeting of October 3, 2007 1. Approved (4 to 2, Toni Del Fiandra and Jan Kucera-Winney dissenting and Linda Lake absent), a request for a Certificate of Appropriateness for as-built alterations including window replacement, front-door replacement and color changes for 119 South Swinton Avenue. 2. Postponed (6 to 0), a request for a Certificate of Appropriateness to allow the replacement of the existing windows and the installation of white aluminum accordion shutters at 721 North Swinton Avenue. The Board postponed the item until the applicant could attend the meeting with the condition that the applicant be directed to consider another window material other than vinyl. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map 2 CITY OF DELRAY BEACH, FLORIDA GULF STREAM BLVD. - City Commission Meeting - ~ ~ _ - OCTOBER ~ 6, 2007 U ~~ ~ L-30 CANAL ~ w W L ~ tL' sos ~ ~ _ ~ _ ~~ 0 m ~ - g J , ~ } ~, `~ ~ U ~P 2 U ~ ~ ~? h W = u 2 ~ LAKE IDA ROAD ~~ - B~VO 1 C Q ~ ~~ ~ ~ '4 R AD - r" am _ f = ~ ~ H D o 3 m ~ F i ~,_ ~ ^, _, w h ~ ~~~~~_~~~~~_~~, Q , _, 3 t ~ ~ ~ 8 - = L„ ~_~ , _„_ ,_ ~_ ,~ 95 TLANTI j AVENUE _ 806 pVE E W S w 2ND T. j ATLANTIC ~ ~ A C E I ~ L~ ~ ~ ~ ¢ Q j ~ 1 x x~ a ~ ti AtA ~ V 0 3 3 ~ ~ ~ - Q d "~ ~ W ~ ~ ~ 1 ~ m ~ S.W. LOWSON BOULEVARD 10TH ui n ST. '~. Q j yr Q - ^ ~ °O ~ ¢ o ~ ' FQ. W y O U 3 y ~ , ~. ~ ° ~ ° ~ LINTON BOULEVARD ~/ G h FR~A O L ~ ~_ ~~ ~, ; 1 ~OIyy ROAD 1 = 1 ~2 o~, ~ ~ 3 ~ 1 _ ~ 1 ~ o L ,J ~ ~ ~ j _ y h ° Z = W k , ~ I W ~ i sos ~ _ o = L-38 CANAL C-15 CANAL N SPRAB HPB A. 90 SE 4TH AVENUE 1. 119 SOUTH SWINTON AVENUE 8. 245 HIGH POINT BOULEVARD WEST 2. 721 NORTH SW/NTON AVENUE C. 628 SE 5TH STREET _, _ ~_„_ CITY LIMITS -~~-~~-~~- D. DELRAY MEDICAL CENTER E. SEAGATE RESIDENCES SALES TRAILER ~ ONE MILE ~ F. ANTHONY`S COAL FIRED PIZZA GRAPHIC SCALE G. LINTON BRIDGE RENOVATION C1TY OF DELRAY BEACH, FL PLANNING B ZONING DEPARTMENT OCTOBER 2007 - - DIGRAL BASE MAP SYSTEM -- MAP REF: S:\Plonning do Zoning\DBMS\File-Cab\CC-DOC\70-16-07 MEMORANDUM TO: Mayor and City Commissioners THRU: David C. James, Fire Chief DATE: October 5, 2007 SUBJECT: Agenda Item #______ - Regular Meetins of October 16.200'7 Replacement Fire Apparatus Purchase ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of one (1) Pierce Manufacturing, Inc. Custom, Heavy Duty Pumper through Ten-8 Apparatus of Bradenton, Florida in the amount of $469,778.40. We propose using the Florida Sheriff s Cooperative Bid (No. 07-07-0828). This bid has been used to previously purchase Rescue units for the City of Delray Beach. BACKGROUND The unit will replace a i 992 Pumper that has approximately 145,000 road miles. The new Pumper will be equipped with new Hurst hydraulic rescue equipment to conform to current department standards. The net unit price reflects a $6,000 trade allowance for a 1992 Pumper, a $30,000 Pierce Customer Factory Discount and a chassis pre-payment discount of $11,791 with remaining balance of $211,355. The Finance Department has analyzed the pre-payment options and concluded Option 1 is fiscally advantageous to the City. We concur with their finding. FUNDING SOURCE Funding is available through the Central Garage Fund in account #501-3312-591-64.25. RECOMMENDATION Staff recommends Commission approve the purchase of one (1) Pierce Manufacturing, Inc. Custom Heavy Duty Pumper through Ten-8 Apparatus of Bradenton, Florida in the amount of 469,778.00. $ L. I .._;~., ~~~~ t~Il~~iC cit. ~ et~7:y ~~+..-~l'`.s-; ~ C,. ~€ P' `s~r~fu.J~t(1~ n ?-IlG,~-fl.~1{~aE~ ~s~AC~~~ DELRAY BEAC E M O R A N D U M a!~-^"~~ec~I'O: David T. Harden, City Manager ' ~ ~ FROM: David C. James, Fire Chief o~ iooi SUBJECT: Replacement Fire Apparatus Purchase DATE: October 4, 2007 The Fire-Rescue Department is requesting approval to purchase one (1) Pierce Manufacturing, Inc. Custom, Heavy Duty Pumper through Ten-8 Apparatus of Bradenton Florida in the amount of $469,778. We propose using the Florida Sheriffs Cooperative bid (No. 07-07-0828). This bid has been used to previously purchase Rescue units for the City of Delray Beach. Funding is available through the Central Garage Fund in account 501-3312-591-64.25. The unit will replace a 1992 Pumper that has approximately 145,000 road miles. The new Pumper will be equipped with new Hurst hydraulic rescue equipment to conform to current department standards. The net unit price reflects a $6,000 trade allowance fora 1992 Pumper, a $30,000 Pierce Customer Factory Discount and a chassis pre-payment discount of $11,791 with remaining balance of $211,355. The Finance Department has analyzed the pre-payment options and concluded Option l is fiscally advantageous to the City. We concur with their finding. I request that this item be placed on the October 16`x' Regulaz City Commission meeting agenda for consideration by the City Commission. Sincerely, a r ' David C. James Fire Chief CC Asst. Chief Ackerman Lt. Crelin Mr. Rumell Mr. Safford Mrs. O'Connor Ff~~€=-F'iE!'it;l!Fn' fJFE'A!'~-i (~Ehi-I" P-4 ~:Ft'st'~~.'t~R!'{::f-~r' ~ :;0} f1i~`i `i#~.r"•;{.a'i Ifs ?~t1f=h!!.J't:~ •" Jf~S.Rt~~' E~I=A~i1, Fl •:.iF~lEi~.3`34%~Rl ~~ ~!:z.'= ,~:~E=:i;i ??:3-l:.#~t'~ ; A;N: ifi{1j '~•+;; 7'h'i f'rinieff ;ar7 ~ ~~aeyCh-r~.f °<xf':E?7' MEMORANDUM To: Richard Ackerman, Asst. Fire Chief Frain: Rebecca S. O'Co~nn~or, Treasure~~~„ ~ Thru: Joseph M. Safford; Director of Finance Subject: Fire Apparatus -Pierce Manufacturing Date: September 24, 2007 I have analyzed whether it is cheaper to pre pay $258,423 ugfiont and the remaining balance upon receipt of the fre apparatus (Option 1) or pre pay $464,114 upfront (Option 2). It was assumed that we would receive ibe vehicle 249 days from the day of the order and an interest rate of 5.42°/n. I recommend Option 1 which i~ the cheaper option by $52,047 based on these assumptions. See table below. Option Gross LeQss Less AIet Cflst Pins Lost 'J`,~tal Cost _ .._ _ ..Co~~ _ 13iac~~~,.t _ 'grade ~~r~s#. flptian 1 $4$'1,569 ~$1i,793~~ ($6,fl00) $469,778 $ 9,688 $479,466* (pre-pay . $258,423 Olitiobt 2 $4$7,569 ($17,455 ($6;000) $464,114, •$ 17,399 $481,513* ~e-Pay $464,114 Difference $ 2,047 *Excludes cost of bid bond. Please give me a call if you have any questions. Oct 03 07 03:08p p.2 PROPOSAL FOR FURNISHING FIRE APPARATUS Delray Beach Fire Rescue 501 West Atlantic Ave Delray Beach, FL 334 September 20.2007 The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, lnc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: One Pierce Custom Velocity Pumper $ SEE OPTIONS Purchase thru Florida Sheriffs Association Bid 07-07-0828 Performance Bond C ?.25 per 1000 Available Pricing includes customer factory discount of 530,000.00 Total $ SEE OPTIONS Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war, or intentional contlict, failures to obtain chassis, materials, or other causes beyond our contra( not preventing, within about 277-3flo working days after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Delray Beach Fire Rescue, FL The specifications herein contained shall form a pare of the final contract, and are subject to cliang~s desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (D01') rules and regulations in effect at the time of bid, and with all '•.v'ational Fire Protection Association (NFPA) Guidelines for .Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set fo~~di above. Unless accepted within 30 days from date, the right is reserved to withdr ~ his proposition. 1 PIEE~C A T RING, lNC Sy: 1 SALES REPRESENTATIVE Pre Pays are due 15 days from order ___ SPECIFICATION #Y4 - LEVEL I CUSTOM PUMPER 4 DOOR Continued Name of Manufacturer Type Vehicle Zon Base e Unit Price Spartan Chassis - Galvanneal Steel Body: Fenraza Fire Apparatus, Inc. Metro Star CUP750 KME Fire Apparatus All Zones $269,669.00 . Spartan Big Easy All Zones $207,012.00 Spartan Chassis -Stainless Steel Body: Ferraza Fire Appazatus, Inc. Metro Star CUP750 KME Fire Apparatus All Zones $277,679.00 Spartan Big Easy All Zones $2I 6,220.00 HME Chassis -Extruded Aluminum Body: Ferrara Fire Apparatus Inc. Intruder II CUP750 All Zones $231,100.00 >Ei11SE Chassis -Formed Aluminum Hody: Ferrara Fire Apparatus Inc. Intruder II CUP750 All Zones $229,992.00 HME Chassis - Galvanneal Steel Body: Ferrara Fire Apparatus Inc. Intruder II CUP750 All Zones $225,169.00 HME Chassis -Stainless Steel Body: Ferrara Fire Apparatus Inc. Intruder II CUP750 Y ~ i. {'fit' All Zones 2 3,1 $ 3 79 00 Custom Chassis -Extruded Aluminum Body: Ferraza Ftre Appazatus, Inc. Inferno XL CUL11P750 Hall-Mark Fire Apparatus, Inc. E-Qne 'T`yphoon CAR36 All Zones $399,458.00 All Zones $357,7?5.00 American- - c"e"`~".'-`~''" °~" ~ per Ferrara Fire Apparatus, Inc. Inferno XL CUL11P750 All Zones $323,835.00 ire A pparatus KME Pre, ar Panther All Zones .All Zones $395,646.00 $296 624 00 . _ .. ., a' k. _ , . .._ .__ Custom Chassis - GalvanneaI Steel Body: Ferrara Fire Apparatus, Inc, Inferno XL CULT 1P750 KME Fire Apparatus All Zones $394,329.00 KME Predator Panther AlI Zones $296,624.00 Custom Chassis -Stainless Steel Body: Ferrara FYre Apparatus, Inc. Inferno XL CUL11P750 KME Fire Apparatus All Zflnes $399,690.00 KNIE Predator Panther Ten-8 Fire Equipment, Inc. Pierce Arrow XT PUC All Zones $301,355.00 All Zones $355,081.00 Spartan Chassis -Extruded Aluminum Body: Ferrara Fire Apparatus, Inc: Gladiator CUL11P750 All Zones $375,120.00 Spartan Chassis -Formed Aluminum Body: Ferrara FYre Apparatus, Inc. Gladiator CUL11P750 I~1vIE Fire•Apparatus All Zones $374,036.00 Spartan Gladiator All Zones $281,515.00 I 2 Btd Award Posting (07-07-0828) Component List 9r~oio7 Customer: City of Delray Beach Bid Number: 5283 Representative: Michael Schneider DB Version: 220166 Organization: Ten-8 Fire Equipment, Inc. Bid Date: 10/19/07 Description: 174" HDRP# 3 Velocity Pumper Body: Pumper, Heavy Duty Rescue Chassis: Velocity Chassis, HDRP Line PRIDE # Com onent Price 1 0000004 Florida Sheriffs Association Bid #07-07-0828, S ecification #IS 1 $331,418.00 2 0018007 Sin le Source Com liance 1 $0.00 3 0028080 Unit to be Similar in some As ects 1 $OAO Fill in Blank - 19336(refer to hotos inthe R-drive 4 0462301 Com 1 NFPA 1901 Chan es Effective Jan 1, 2004 1 $0.00 5 0008036 Career/Paid De artment 1 $0.00 6 0588609 Vehicle Destination, US/Ex rt 1 $0.00 7 0588611 Vehicle Certification Pum er 1 $0.00 8 0588621 A enc , A aratus Certificafson, Pum er/Tanker, U.L. 1 $0.00 9 0000007 A royal Drawin 1 $0.00 10 0030008 Warran ,Custom Chassis 1 $0.00 11 0511612 Warran ,Three 3 Year, Custom Chassis, Im el &Veloci 1 $0.00 22 0511465 Warran ,Lifetime on Crossmembers, Im Nel I $0.00 13 0030005 Bid Bond 10%, Pierce Built Chassis 1 $0.00 14 9899998 Performance Bond, Ci of Delra Beach 1 $1,126.00 IS 0508408 Veloci Chassis, HDRP i Block 1 $2,254.04 16 0000109 Seatin Ca aci .Cab 6 $0.00 I7 0000110 Wheelbase 1 $0.00 Wheelbase - 216" 18 0000070 GVW Ratin 1 $0.00 GVW ratin - 53800 19 0000203 Frame Rails, 13.38 x 3.50 x .375, DLXI tm/Enf/AXT/Im Nel 1 $0,00 20 0060637 Frame Liner, Inv "L" 12.68" x 3.00" x .25", AXTNeUIm ,Full Len 1 $0.00 21 0508849 Axle Front, Oshkosh TAK-4, Non Drive, 22,8001b Im Nel 1 -$9,124.00 22 0000322 Oil Seals, Front Axle 1 $0.00 23 0087572 Shock Absorbers, KONI; on TAK-4 DLX/ tm/AXT/Enf/Im /Vel 1 $0.00 24 0509156 Axle, Rear, Meritor RS30-185 31,000 lb, Irr- Nel 1 $3,388.07 25 0517038 To Seed of Vehicle 1 $0.00 To Seed of Vehicle - 70 26 0000485 Oil Seals, Rear Axle 1 $0.00 27 0010427 Sus ension, Front TAK-4, 22,8001b, DLX/Enf/ tm/AXT/Im Nel 1 $19 746.82 28 0030557 Sus en Rear, Re co S ri , 31,000 lb 1 $1,511.62 29 0000580 S riri Pac e Auxil 1 $0.00 30 0010670 ABS Wabco Brake S stem, Sin le rear axle 1 $0.00 31 0030185 Brakes, KnorrBendix l7", Disc, Frt, TAK-4, DLX/Enf/ tm/AXT/Im Nel 1 $0.00 32 0000730 Brakes Meritor, Cam, Rear, 16.50 x 7.00" 1 $0.00 33 0001220 En 'ne Brake, Jacobs 1 $0.00 Switch En ine Brake - a Series 60 34 0058463 Air Com ressor, Brake Bendix 15.8 CFM 1 $0.00 35 0000786 Brake Reservoirs Four 1 $0.00 36 0010787 Air er, Wabco S stem Saver 1200 1 $0.00 37 0000790 Brake Lines, N lon I $0.00 38 0000860 Outlet, Au• with shut offvalve 1 $418.81 Location, Air Cou lin s - h DS Pum Panel 39 0000854 Air Inlet, w/Disconnect Cou lin i $0.00 Panes 1 r,f 11 Location, Air Cou lin s - DS Ste Area 40 0508921 En ine DDC Series b0 14.0E 470 h , 1650 Tor ue, Veloci , 2007 1 $0.00 41 0123135 Air Intake w/Ember se arator, Im Nel 1 $0.00 42 0037727 Exhaust S stem, 5" Vertical Tail i e, Thru Pum House DLX/ nf. 1 $2 028.79 43 0035723 Clutch, Fan, Air Actuated, Horton Drive Master 2002, DLX/AXT/Im /Vel 1 $0.00 44 0001332 Fuel/Water Se azator, Racor Inline 1 $363.78 45 0001244 Hi h Idle wBlectronic En ine, Custom 1 $0.00 46 0511426 Coolin Hoses, Silicone 1 $0.00 47 0123594 Radiator, Irn Nel 1 $0.00 48 0122516 Fluid Check Access, Im Nel 1 $0,00 49 0001125 Fuel Tank, 65 al ~ ~ 1 $0,00 50 0001129 Lines, Fuel 1 $0.00 S 1 0023746 Cooler, Chassis Fuel, Not R 'd. 1 $0.00 52 0510327 Cooler, En ine Fuel, Izn Nel 1 $235..88 S3 0001280 Fuet Pum for Re rimin 1 $370.52 S4 0001292 Shutoff Valves 2 ,Fuel Line Filter 1 $222.31 55 0510123 Trans, Allison Gen IV 4000 EVS P,.Im Nel 1 $0.00 56 0510876 Transmission, Shifter, 6-S d, Push Button 1 $0.00 Trans, ratio - 4000 EVS, 6S d 57 0507303 Transmission Oil Cooler, Cham 1 $0.00 58 0046369 Warran , 5- ear EVS Transmission, Standard Custom 1 $0.00 59 0001375 Driveline, S icer 1810 1 $0.00 60 0123392 Steerin. ,She and M110 w/tilt TAK-4 1 $0.00 61 0509230 Steerin Wheel 4 S oke without Controls 1 $0.00 62 0052978 Tires, Good ear, 425165R22.S0 20 1 G286 tread 1 $158.27 63 0019611 Wheels, Frt, Alum, Alcoa, 22.50" x 12.25" 425/ & 385 1 $0.00 64 0588537 Tires, (4 Good ear, 315/84822.50 20 1 G287 MSA "AII Season" 1 $1,329.67 65 0019675 Wheels, Rr Alum Alcoa, 22.50" x 9.00" sn 1 rear, OUTSIDE ONLY 1 -$1,757.99 66 0065795 Chocks, Wheel AC-32, Mounted, Horizontal 1 $418.55 Location, Wheel chock -Below D3 67 0003245 Axle Hub Covers w/center hole, S/S, Front Axle 1 $0.00 68 0001960 Axle Hub Covers, Rear, S/S, Hi h Hat air 1 $0.00 69 0002045 Mud fla s, w/lo o front & rear 1 $468.88 70 0122287 Cab, Veloci , 70" w110" Raised Roof i $241.87 71 0509532 Floor, Rubber Padded Cab & Crew Cab Itn Nel i $0.00 72 OI22479 Window Side of C/C Fixed, Im Nel 1 $0.00 73 0012090 No Windows, FrondSide of raised roof 1' $0.00 74 0509287 Windows, Rear CC, 2 8" x 14", }m Nel 1 $0.00 75 0510912 Trim, Cab Side Windgws, Im' Nel 1 $0.00 76 0510913 Trim, Cab Rear Windows, Im Nel 1 $0.00 77 0018162 Cabinet, 1 EMS, 30"H x 19"W, PS Otbrd, w/lock, All Chassis 1 -$673.38 78 0042264 Shelf, Ad'ustahle, EMS Com t, 1.25" Li 1 -$114.48 Location -cab, EMS com t. 79 0506092 Li is EMS Com t On Scene Solutions, Ni t Stick, IPOS 1 $471.92 Location -EMS com t. in cab. 80 0509872 Door, Standard Hei t, Levet Roof Cab 1 $0.00 81 0512407 Scu lates, Cab Door, Polished S/S, Im Nel 1 $0.00 82 0510218 Controls, Electric Windows, Ai[ Cab Doors, Im el &Veloci 1 ~ $0.00 83 0199188 Stora a Pockets w/ Elastic Cover, Recessed, Rotomolded, Im Nel 1 $0.00 84 0022658 Door, Access Forwazd Facin Seat Box i $198.06 85 0022287 Grab handle on Crew Cab Door Post 1 $244.24 86 0077229 Lo o/L'mblem, on Horn Button 1 $0.00 Tex Row Three -Fire-Rescue Text, Row Two -Beach Text, Row One - Delr 87 0032752 Dxain Lines, AC, Coleman 1 $206.76 88 0123176 Grille Bri t Finished, Front of Cab, Im eWeloci 1 $0.00! 89 0002140 Fenders, S/S on cab 1 $0.00'' Pano7nf11 90 0002224 Scu lates S/S At Cab Door Jambs 1 $557.80 91 0509756 Bri t Finished Housin Headli hts & Front Directional, Veloci 1 $0.00 92 0527077 Cab Lift, EleclH d, DLX/Erif/AXT/ X w/S ec Remote & Man Override, Delra Be 1 $138.58 Location, Cab Lift Rece t - a Frt Face of Bum er std 93 0032192 Mirrors, Ramco, w/manuat convx, remote control, 6000CCR ,Door mnt 1 $945.59 94 0123625 Bum er 19" extended Im Nel 1 $46.13 95 0510226 Lift & Tow Pack e, Im Nel 1 $0.00 9.6 0012225 Gravel Pan, Extended Bum er 1 $0.00 97 0551539 Stra , Black N lon Hold-down, Velcro Hose Tra 2 $229.05 98 0012251. Tra , 1 Hose Left Side of Bum er 1 $0.00 _... Ca aci ,Bum r Tra - 19 100' of 1.75" ............. . atan , _ um er~exterislnri - Gratin ;Rubber .. __ __. 99 0012222 Tra , 1 Hose Ri t Side of Bum er 1 $334.14 Ca aci ,Bum er Tra - 26 15' of 5.00" Gratiri ,Bum er extension -Gratin ,Rubber 100 0072272 Tow E es, Chrome, Below Deck 1 $467.43 101 0122545 Cab Interior; Vin 1 Covered Walls, Im Nel 1 $0.00 Color, Cab Interior Vin l - a Silver/Gra 102 0509492 Cab Interior, aint color Im Nel 1 $0.00 Color, Cab Interior Paint - a a 103 0514249 Grab Handles Driver Door Post & Passen er Dada anel, Im Nel 1 $0.00 104 0123847 Seat, Driver; Pierce PS6, Premium, Air Ride Hi-Back 1 $598.06 105 0322115 Seat, Officer, Pierce PS6, Premium, Air Ride SCBA 1 $318.43 106 0102790 Seat, Rr Facin C/C, PS Outboazd,.None 1 $0.04 107 0142788 Seat, Rr Facin C/C, DS Outboard, None 1 $0.04 108 0108190 Seat Forward Facin C/C, PS Outboard, None 1 $0.00 109 0102783 Seat, Rr Facin C/C, Center, None 1 $0.00 110 0108189 Seat, Forward Facin C/C, DS Outboard, None 1 $0.00 11 l 0123169 Seat, Forwazd Facin C/C, Center, 2 Pierce PS6, Base, SCBA 1 $0.00 112 0510038 Radio Com t, Behind Frt Passen er Seat, Ian Net 1 $0.40 113 0511300 U holste ,Seats In Cab, All iraa erial 1200, Pierce PS6 1 $0.00 Color, Cab Interior Vin 1 - h Gra Black 114 0518579 Bracket, Air Bottle, Hands-Free SmaztDoek, In Cab Seats 4 $2 299.98 SCBA Bottle Size - 6.33" - 7.25" SCBA Bottle Brand -Scott, Dra er, Survivair 115 0025527 Inserts Back Rest for 911 SCBA Seats, ew S le 3 $189.98 116 0002400 Seat, Fold U ,Pair 1 $0.04 117 0006248 Seat, Belt, Hei t Ad'usiment, Enf/AXT/Im Nel 6 $231.59 118 0033498 Seat Belts Red 1 $0.00 119 0518634 Frontal Im act Protection Not R wired 1 $0.00 120 0053021 Side Roll Protection Pac e Not Re aired I $0.00 121 0019914 Warran ,Cab Sab/DLX/EnflAX'I'/ w/fixed rte /1MPNEL 1 $0.00 122 0002526 Li t, En ine Com t, All Custom Chassis 1 $0.00 123 0509978 Li ts, Dome, Weldon LED, Two 2 Li ts, Dual Li t and Lens ~ 1 $0.00 i24 0509984 Li ts, Dome, Weldon LED, 2 , C/C, Red/Cleaz, MUX onl 1 $0.40 125 0509649 Li ts, Cab and Crew Cab Access Ste s, Ri-Tar LED wBezel, 1 Li t Per Ste 1 .$0.00 326 0122520 Heater/defroster, Irra Nel 1 $0.00 12? 0514291 Control Panel HVAC Additional, Im Nel 1 $480.59 Location, HVAC Ctrl Pnl - PS Lower Switch Panel 128 0122461 Air conditionin Irri Nel 1 -$1,615.14 129 0002478 Brush Guard 4-wa ,Air Conditionin Condenser Cab Roof 1 $549.51 130 0012485 Air conditionin ,Coleman Mach III, 120V, Cab Roof 1 $2,019.67 131 0048711 Guard, Brush, For Coleman A/C Unit, Cab Roof 1 $702.64 Location -crew cab roof-both A/C covers are to be 4-way and match in design. (refer to hotos on the R-Drive . I32 0509646 Cab Instruments No Gau es w/ Chrome Bezels; Im eWeioci i $0.00 133 0509511 Air Restriction Indicator, Iin Nel 1 $0.00 134 0509905 Wi er control, 2-s eed w/ 5. s eed intermitten Im eWeloci 1 $0.00 135 0 123610 I nstrument Console, Rotomolded With Work Surface, Im /Vel 1 $0.00 136 0 123614 C om arhnent, Stos e, Rotomolded Console Extension Im /Vel 1 $275.00 137 0057521 Radio NOAA Weatherband 1 $1 109.79 DASH CENTER s esker two air n o remote 138 0022853 Antenna, Mount Onl ,For 2-wa Radio Std, DLX/Enf/AXT/IMP/VEL i • .$0.00 • i39 0509921 Switchin Cab Membrane Izn e]/Veloci ~ ~ 1 $0.00 • Location, Emer Sw Pnls -Driver's Side Overhead 140 0509965 Pierce Command Zone, Advanced Electronics and Control S stem, Dia ostic LEDs 1 $0.00 141 0087852 Vehicle Information Center, 7" Color Dis la , MUX 1 $1,716.25 142 0514486 Vehicle Information Center, 5" Calor Dis la , MUX, Additional 1 $951.32 Location, CZ Dis la - PS Instrument Panel 143 0034501 Intercom David Clark, 4-Pos, 2=Radio D 0,2C 1 $7,145.72 • locatiori, intercom, CCab - a forward facie seats . 144 0006208 David Clark Radio Interface.Cable I $341.24 • Radio, Two-Wa Make/Model - Motorola Astro #W9 • 145 0527071 Modification, Intercom, Remote Push to Talk RPTT , Delra Beach 1 $522.55 146 0079212 Batteries, 6 Exide G 31, 950 CCA each, SAE Posts 1 $369.05 147 0008621 Bette S stem, Sin le Start, All Custom Chassis 1 $0.00 148 0123174 Bane Com artment, Im Nel l $0.00 149 0511524 Char er, Sn 1 s stem, Kussmaul Auto Char e 1200, TLxt el/Veloci i $1,386.42 150 0012782 Location, Char er, Front left bod corn t 1 $0.00 Location -compartment D3, mounted below offset to front comer, see photos an file of compt from last unit, (less receptacle mount over mic. box) reference drawing 18391CL . I51 0012719 Kussmaul Auto-E'ect, 20A Rece att chr 1 $506.89 Location -driver's side cab, 'ust behind crew cab door & mounted low Color, Kussmaul Cover - d ellow 152 0063137 Alternator, 400 am NiehoffC656 1 $1,407.43 153 0028034 Antenna, Mount Onl For 2-wa Radio, S cl cable rautin 1 $109.95 Location 2 - NA Location -Center dash under anei 154 0033014 Whin , S are, Pair, Each, Third Circuit 1 $78.93 Location -center dash below access anei 12vdc ower from - a batte direct Wire termination - b butts lice Fuse, 12VDC - d 20 am breaker 155 0042316 Wirin , S are, Pair, Each, Fifth Circuit 1 $78.94 Location -Front of officer behind dash with 3' i it w/ ounci. Wire termination - b butts lice 12vdc ower from - c i ition ower Fuse, 12VDC - d' 20 am breaker 156 0090207 Wirin , S a;e, Pair, Each 1 $116.65 Location -facie officer on backside of wra around instrument anei 12vdc ower from - a batt direct Fuse 12VDC - c IS am breaker • Wire temunation - 15 am ower oint lu 157 0090316 Wirin , S are, Pair, Each, Second Circuit 2 $157.87 Location -one 1 each side below fold-down seats in crew cab w/12" s are wire 12vdc ower from - a batte direct Wire termination - b butts lice Fuse, 12VDC - c 15 am breaker ' 158 0092582 Load Mana er/S uencer, MUX 1 ~ $0.00 Enable/Disable Hi-Idle - e Hi Idle enable 159 0024056 Am Draw Re ort, NFPA 2003 Edition 1 $0.00 160 0002758 Am Draw, NPPA Radio Allowance 1 $0.00 Panadnf1l 161 0511224 Li tin FMVSS, Cab, Ri-Tar.LED Clearance/ID, lm e1/Veloci 1 $345,93 I62 0519379 Li t, Front Zone, Whelen Su er 600 LED, 2 r, uad Bezel, VEL/IMl? 1 $619.65 Color,Whln Su b00 LED,OUT - a rd/rd Color,Whln Su 600 LED INN - a rd/rd Flan a Kit, Whelen 6E - w 6E or 64 Flan a Kit 163 0005910 Alarm, Back-u Warnin , ECCO SA917-PM2 I $0.00 164 0031972 Manuals, Two 2 , Fire A azatus Parts, Custom Chassis 1 $0.00 165 0002905 Manuals, Two 2 Chassis Service, Custom 1 $0.00 i66 0032433 Manuals, Two 2 Chassis O eration, Custom 1 $0.00 167 0095863 Warran ,Command Zone Com onents Chassis, 5 eazs 1 $0.00 168 0002928 Electrical Di ams 1 $0.00 169 0077700 Pum er, Hea Du Rescue 1 $3,082.51 170 0077732 Tank, Water, 750 Gallon, Pol ,HDR Pum er, I74" 1 $1,680.83 171 0003405 Overflow, 4" Water T Pol i $0.00 172 0028107 No Foam Cell 1 $0,00 173 0044431 Sleeve throu Tank - U to 3" Plumbin 1 $269.47 174 0003401 Warran Lifetime, UPF 1 $0.00 175 0003429 No Direct Tank Fill R 'd 1 $0.00 176 0003424 o Dum Valve re uired 1 ~ $0.00 177 0514778 Switch, Tank Dum Master Not Re uired I $0.00 178 0002843 Hose Bed, HDR Pum er Ca aci 1 $0.00 Fill in Blank - from L to R: 1200' of 5" / 400' of 2.5" / 200' of 2.5" 179 0013481 No Hose Bed Ca aci Re uired 1 $0.00 180 0077704 Divider, Hose Bed, Un ainted, HDR Pum er 2 $412.00 I81 0087562 Cover Hose Bed, Roller Shutter, Pum er 1 $6,234.04 Color, Vin 1 Cover - a 182 0508038 Fla ,Rear of Roller~Shutter Hose Bed Cover, Vin 1, w/ Footman Loos 1 $454,46 Color, Vin 1 Cover - a red 183 0077725 Runnin board, HDR-P 1 $0.00 184 0509774 Tailboard, 10" Extension w/Flush Rear, Fuil Width, An led Corners HDRP i $1,890.11 185 0023534 Tow E es; HDRP 1 $0.00 186 0077723 Construction Com t, Alum, HDR Pum er I $0.00 187 0087706 Com t, DS Rol Dr HDR Pum er, 174" 1 $7,205.95 188 0087709 Com t, PS Rol Dr HDR Pum er, 174" 1 $5,308.95 189 0041165 Doors, Rol]-u ,Gortite, Painted and/or Lockin ,Side Com artments 6 $395.50 Latch, Gortite, Roll-u - lockin ,match all com . Color,Gortite,Ro}I-u Door -Painted 190 0077711 Com t, Reaz Rol Dr 41 "H HDRP 1 $693.18 191 0041230 Doors , Rall-u ,Gortite Painted and/or Lockin Rear Cam t 1 $0.00 Latch, Gortite, Roll-u - lockin ,match all com . Color,Gortite,Roll-u Door -Satin finish 192 0019845 Guard, Dri Pan, S/S, Roll-u Door 7 $773.38 Location, Door Accesso -Each roll u door 143 0045678 Access Door Car o Com t, PS, Alum 4-wa ,Vertical Hi e 1 $295.07 194 0003482 Tra , SOO lb Slide-ou 2" Sides -Floor Mounted 1 -$267.81 Location - ri t reaz bod com artment 1 195 0083986 Tra Ad'., 30 De ., Tiit/Slide-out, 215 lb 1 $544.00 Location -com artment P2 196 0062423 Com t, Backboard Stora e 2 Over Pum and Forward, Access Both Sides 1 $1,209.07 Size - 74" x 16" x 2" 197 0003942 Shelves Ad'ustable, 215 lb Ca aci 9 $437.72 Location, Shelf - 2 - D1 (both uppers), i - D2, 2 - D3 (1 upper / 1 lower), 1 - Pl, 2 - P3 1 - Rl - 198 0003945 Shelf Tracks 7 $311.31 Location -all bod com artments 199 0004016 Rubrail Aluminum Extruded Side of Bod 1 $0.00 200 0004024 Crowns, Reaz Fender - SS 1 $676.37''.. 201 0519753 Hose Hazd Suction, Provided b Fire De artment 2 $0,00 1").-.... C ..C ~ A L en Hard Suction Hose - 6" x 10' B raid Model, ofB ui -' 202 0004095 Trou hs, H.S.H., {1 Each Side 1 $1 099.44 203 0004151 Handrails, Side Pum Panels 1 $0.40 204 0004126 Handrail, Beavertail -Std. 1 $O.Oi 205 0004146 Handrail Rear Below Hose Bed 1 $0.00 206 0004154 Handrail, Extra - 10" Iron 2 $366.48 Location, Handrails -one (1) an the driver side compartment top, rearward above D1 and one (1) installed vertically on the rearward section of the driver side side sheet 18.00" from the rear vertical bod flan e. 207 0074210 Com >; Air Bottle in Fender Panel, Dbl Wide 3 $696.74 Location, Bracketlcomp. -one (1) on driver's (forward of axle) and two (2) on risen er side 208 0004225 Ladder, 24' Duo-Safe 900A 2-Sect 1 $0.00 209 0004230 Ladder, 14' Duo-Safe 775A Roof 1 $0.00 210 0077746 Rack, Ladders Stored thru Bod Com ts, HDRP 1 -$1,130.20 Location, driver's( risen -driver's 211 0014245 Ladder, Foldin , 10' S85A, Duo-Safe , w/Mt 1 $0.00 Location, Fold Ladder - d Ladder com 212 0004259 Slides, Dura-Surf, Ladder Stora a Rack 1 $249.26 213 0502990 Pole, Pike 6' Fiber lass Akron I $67.56 Location - in ladder stor a area 214 0502995 Pole Pike 12' Fiber lass Akron 1 $107.3? Location - in ladder stora a area 21 S 0004361 Tubes Alum, Pike Pole Stora e 2 $26b.30 Location - In ladder stora a area. 216 OOI 7? 13 No ui ment Deck R uired 1 $0.00 217 0004380 Ste s, Foldin ,Front of Bod ,Eberhard 1 $0,00 218 4004382 Ste s, Foldin ,Rear of Bod ,Eberhard 1 $0,00 219 0004390 Ste ,Foldin -Extra, Bod Onl ,Eberhard 3 $772.43 Location, Additional Step -two (2) additional on the driver's side front bulkhead & one 1 additional on the risen er side front bulkhead 220 0010500 Ste ,Run ,Cam er S le, Pull-out & Dro Down,20" Wide 1 $381.30 Location, Additional Ste -below reaz tailboard extension center 221 0004415 Pu 1250 CS Sin 1e Sta e,Waterous 1 -$3,653.79 222 0004481 Packin , Grafoii, Waterous 1 $0.00 223 0091446 Pum Setu Char es N/A 1 $0.00 224 0505536 Transmission, Pum ,Waterous C10 Series 1 $0.00 225 0014480 Shift, Air w/ Manual Over, S lit Sha$ PTO,Waterous 1 $0.00 226 0043148 Transmission Lock-u , EVS 1 $0.00 22? 0004547 Auxili Coolin S stem 1 $0.00 228 0014486 o Transfer Valve R uired on 1 5ta a Pum 1 $0.00 229 0004517 Valve, Relief Intake, Elkhart 1 $0.00 230 0512312 Controller Pressure 2007 En Ines ~ 1 $0.00 PSIG T e 2007 En fines -Custom Chassis DDEC 231 0505547 Primer, VPO w/tank, Waterous 1 $0.00 232 0024962 Thermal Relief Valve, OPM Waterous 1 $818.55 233 0004575 Warran ,Waterous 2 Yrs 1 $0.00 234 0058516 Manuals, Pum 2 , CD, Waterous 1 $0.00 235 0089351 Plumbin ,Stainless Steel & Hose Control Zone 1 $0.00 236 0089437 Plumbin without Foam S stem 1 $0.00 237 0032998 Wazran IO Year Stainless Steel Pumbin 1 $0.0.0 238 0004b45 Inlets, 6.00" - 1250 GPM or Laz er Pum 1 50.00 239' 0004646 Ca ,Lon Handle Pum Inlet, NST - VLH 1 $0.00 240 001465.0 Short Suction Tube Both Sides 1 $0.00 241 0084605 Valves, Waterous Side with Akron 8000 Series 1 $0.00 242 0004660 Inlet, LH Side, 2.50" ated 1 $0.00 243 0004680 Inlet RH Side 2.50" ated 1 5974.11 n-~- n -i A A 244 0 016158 Valve Inlets Recessed Side Cntrl, "Control Zone" 2 $0.00 245 0 034720 Anode Zinc Pair Pam Inlets 1 $272.84 246 0 004700 I nlet Control At Valve 1 $0.04 247 00.14785 I nle 4" to 6" Front w/5" lumbin Saber, Dash-S, Im el, Veloci 1 $5,910.82 Drain, Suction - Push/Pull I nlet, Size -Six 248 0054823 Control, HandwheeE, Front Inlet, Handwlieel 1 $588.75 249 0009620 I ntake Relief Valve Front Inlet 1 $576.98 280 0004788 Ca ,Lon Handle -Front Inlet -VLH 1 $•0.00 251 0004797 Swivel, Painted, 6.00" Front Inlet 1 $1 341.97 252 0092569 No Rear Inlet ar a Dia R uested 1 $0.00 • 253 0092695 No Rear Suction C 1 $0,00 254 0064116 No Rear Inlet Actuation 1 $0.00 255 0009648 No Rear Intake Relief Valve Re 'd 1 $0.00 286 0092568 No Rear Inlet auxili Re uested 1 $0.00 257 0563738 Valve, .7S Bleeder, Aux. Side Inlet, Swin Handle i $0.00 258 0024751 Line, 1 3.00" Waterous,Tank to Pum 1 $0.00 259 0004905 Outlet, :1.50" Tank Fill 1 $0.00 260 0004940 Outlets , LH Side, 2.50" 2 $0.00 Location -Match last unit 19336 261 0092570 No Additional Outlet LH R uested 1 $0.00 262 0004945 Outlets , RH Side, 2.50" 2 $2,797.10 Location -Match last unit 19336 263 0005030 Outlet, RH, 3.00" w! 3.00" added 1 $0.00 264 0029137 No Lar a Diameter Dischar a Re uested 1 $0.00 265 0024934 Outlet, Front, 1.50" w/2.00" lamb & swivel, To of Bum er 1 $0.00 Location, Outlet - b driver's side 266 0004995 Outlet, Rear, 2.50" 1 $0.04 Location, Outlet - a assen er's side 267 0092574 No Rear Outlet Added Re uested 1 $0.00 268 0092573 No Hosebed/Runnin Board Outlet 1 $0.00 269 0085076 Ca s for 1.50" - 3.00!' Dischar es -VLH 1 $0.00 270 0563739 Valve, .7S Bleeder, Dischar es, Swin Handle 1 $0.00 271 0005091 Elbows, 45 De ee - 2.50" Outlets LH -VLH 1 $0.00 272 0035094 No Elbows R 'd Added LH Outlets 1 $0.00 273 0025091 Elbows, 45 De ee - 2.50" Outlets RH -VLH 1 $0.00 274 0045097 Elbow, 3" FNST x S" Storz wlCa 1 $0.00 275 0045091 Elbows, 45 De ee - 2.50" Outlets Rear -VLH 1 $0.00 276 0085695 No Elbows Re 'd, Added Rear, Lar a Outlet 1 $0.00 277 0007308 No Elbows R 'd, Side Lar a Dia Dischar e 1 $0.00 278 0062133 Control, Outlets, Manual, Pierce HW if a iicable 1 $0.00 279 0005065 Outlet 3.00" Delu a Riser i $0.00 280 0029302 No Monitor Re uested 1 $0.00 281 0029304 No Nozzle R 'd 1 $0.00 282 0008072 Delu a Mount, 3" ANSI 4 Bolt Flan e 1 $0.00 283 0025140 No I.SO" Crossla s Re 'd 1 $0.00 284 0029203 Crossla , i 2.50" Std Ca , Pan S le 1 $2 567.43 285 0064896 Seed, 2 1.5" W/ Pol Tra , To MtlSide Cntrl, Std. Ca 1 $2 249.14 286 0500535 Hose Restraint, Crossla /S eedla , Not R aired 1 $0.00 287 0005200 Gover, Crossl ,Alum Tread late 1 $428.46 288 0003753 Cover Car o Area -Vin 1 Velcro/Sna i $353,01 Color Vin 1 Cover - a red 289 0009172 Cover, S eedla ,Vin 1 w/114 turn & Velcro, Each Side 2 $464.70 Color Vin 1 Cover - a red 290 0541617 Fl Crossla Ends, Vin 1, uarter-Turn 1 $278.40 Color, Vin I Cover - a red 291 0013903 Panel Access to Purn ,Back R7a11 of S eedl 1 $277.55 Location -rears eedla wall o enin s to be as lar a as ossible n.,.... ~ ..s •~ ~ 292 0039605 Tra s , Pol Additional, S eedla s 1 $398.05 293 0044333 No Foam stem R aired i $0.00 294 0012126 CAF Com ressor Not Re aired, With Foam S tem 1 $0.00 295 0031896 Demonstration, Foam S stem, Dealer Provided 1 $0.00 296 0045465 No Foam Tanks Re aired 1 $0.00 297 00911 i 0 No Foam Tank Drain 1 $0.00 298 0091079 No Foam Tank #2 Re aired 1 $0.00 299 0091112 No Foam Tank Drain t $0.00 300 0007590 Pum House, Side Control, 52", "Waterous Control Zone" 1 $0.00 30l 0036124 Pum Panel Confi ation, Control Zone Match Previous Unit 1 $0.00 Fi11 in Blank-match revious unit 19336 as close as ossible refer to bolos on the R-drive 302 0005525 Panel, Pum and Gau e, Brushed S/S 1 $886.56 303 0005578 Panel Pum Access -Pass Side Onl 1 $0.00 304 0035500 Raised Pum House Structure, Side Control I $611.70 305 0087326 Gau es En ine -Pum Panel, Color Dis Ia 1 $1,417.28 306 0005601 Throttle Included w/ Pressure Controller 1 $0.00 307 0015629 Indicator Li hts Pum Panel, DLX/ X 1 $0.00 308 0005780 Control, Air Born at Pum Panel 1 $142.82 309 0511078 Gau es, 4" Master -Class 1, 30"-0-600 si I $0.00 310 0005714 Gau e, 2.5" Pressure -Class 1, 0-400 si 1 $125.73 311 0005651. Gau e, Water Level, Incand 5 Li ht, IC 1 $0.00 312 0084763 Gau e, Ernst Si t Water Level, w/Red Ball, TATS 1 $639.99 313 0006774 . No Foam Level Gau e R 'd 1 $0.00 314 0017010 Ste /I,i ht Shield Ass'bl , 8" De th, Side Mount 1 $241.78 3I5 0018558 Micro hone & S esker wlLouvered Door - Side, S 1 Size 1 $483.39 Size - 12"h x 10"w x b"d see drawin 19336CL 316 0509732 Electrical, Im e] and Veloci 1 $0.00 317 0009041 Li is Ste 4 ,Weldon mode19186-23882-30 1 $0.00 .318 0039821 Li ts, Tail, Whelen 600, LED for use w/ Whelen Housin , Po Arrow 1 $505.05 319 0039202 Li ts, Backu ,Whelen 600, Halo en, for use w/Whelen 3 & 4 Place Housin 1 $249.75 320 0563675 Li ts, Identification/Clearance, Rear, 7 Truck-Cite Mode133 1 $173.85 321 0045907 Li ts, Bezel, 2 Whelen Cast 3, For mt 3 Whelen 600 1 $361.34 322 0068678 Li t, DirectionaUMarker, Intennediate Li t, Truck-Cite Model 60115Y LF,D, IPO 1 $115.88 323 0005924 Li t, Do not move a aratus, Custom 1 $0.00 324 0509042 Mess es, O en Door/Do Not Move Truck, Im Nel 1 $0.00 325 0551416 Li ts, Com t, On Scene Solutions, Ni ht Stick, IPOS 7 $3,303.41 Location -two 2 each com t. 7 airs 326 0077721 Li ts,Hatch Com t HDRP 1 $0.00 327 0489968 Li hts, Com t, Truck-Cite 44207C, LED Additional 7 $1,337,08 Location, li hts -each com artment 328 0005945 Li t, Pum Com ent 1 $0.00 329 0491941 Perimeter Scene Li hts, Cab Exit Areas Trucklite 44042C, LED 1 $648.90 Cab Perimeter Scene -Cab, 4dr Custom 330 0090222 Li hts, Perimeter Scene, 4} Weath roof Li hts, Trucklite 44042C, LED 1 $401.84 Switch, Location, Perim - DS overhead sw nl 331 0025935 Li ts, Rear Scene, Federal Model GHSCENE 1 $412.89 Location, li is -Rear bod u hi Switch, 1 Scene Cntrl - a driver side cab sw anel Switch 2 Scene Cntrl - n no additional control, 2 Switch 3 Scene Cntrl - n No additional control, 3 332 0039768 Li hts, Side Scene, Whelen 900 Halo en 1 $693.98 Location, li is -Side of cab behind CC door u .hi h Switch, 4 Scene Cntrl, Dr - a no switch control Switch, 1 Scene Cntrl - a)driver side cab sw anel Switch, 2 Scene Cntrl - ccc ds & s sw ds rear Scene Li t An le - d 8 to 32 de ee internal o ti Switc 3 Scene Cntrl - n No additional control 3 Flan a Kit - w/o with out flan e .333 0005955 Li hts,. Un' AG Deck - Rear, S ot/Flood 1 $0.00 334 0503811 S otli ht 1 GOLIGHT 2020 Remote Control, "Z"BRKT Painted, on Cab Rf 1 $554.91 Location - .center behind li Mbar- control in reach of both driver/officer Location, S otli t Contr - d within reach of the driver 335 0006052 Air Horns, 2 Grover in Bum er Inside Frame 1 $153.91 Location, Air Horn bm r -Front bum er, inside rails 336 0006066 Two 2 Lan d Controls for Air Homs Y $324.37 337 0037331 Siren, Whelen 295HFSAI 1 $0.00 338 0016133 Location, Electronic Siren, Swivel Mount Centered Overhead i $0.00 339 0006145 Switches, Horn Button and Officer Toe -For Elect Siren 1 $0.00 340 0089408 S Baker Federal MS100 with MSFMT-EF mount, recess bum er 1 $0.00 Connection; S Baker -siren head 341 0016080 Siren, Federal 2B 1 $543.75 342 0006095 Siren, Mechanical mounted above deck Iate 1 $0.00 Location, Siren, Mech - c center 343 0026160 Switches, Horn Button and Toe -For Aux. Siren 1 $0.00 344 0067164 Li htbar, Whelen, Freedom, FN** LED, 8 R I.ED, 2-C LED, 2-RC LED 1 $1,892.46 Len th Wln Li tbar - 72" _ 345 0504317 Li hts, Rear Whelen SUPER 500 LED Li t, Each l $243.96 Location -one 1 on D.:S. rear bod side sheet to match P.S. Control, li ht - a rear u er wamin Color, Li hts, Warnin - la red 346 0077395 Li ts, Reaz, Whelen Su er 900 LED, air 1 $868.74 Control, li ht - a rear u er wamin Location, Reaz Li hts - d reaz com t bulkheads Cvlor,Whln Su 900 LED - t 2 rd/am cl Flan exit - w with. flan e 347 0076809 Li ht, Side Zone Lower, Whelen Su er 700 LED, over 2S ft , 3 r 1 $244.20 Location, li is rear -centered above wheel Location, li is mid - 'ust to the rear of crew cab doers mid hei ht Color,Whln Su 700 LED,MID - a rd/rd Color,Whln Su 700 LED,FRT - a rd/rd Co1vr,Whln Su 700 LED BCK - a rd/rd Location, li is frt side -beach side bum er Flan a Kit, 3 r- w/3 r flan a kits 348 0076814 Li ts, Rear Zone Low, Whelen Su er 600 LED, w/Cast 3 or 4 Bezel 1 $90.68 Color,Whln Su 600 LED - a rd/rd 349 0521279 Li ht,Rr Zone U er, Whelen L31H*FN LED Beacon,Red/Amber/w/AmberSu er500 1 $0.00 350 0513393 Li t, Rear Zone U er Block, Whelen Su er 600 LED 1 $461.51 Location, Ii hts - er rint Color,Whln Su 600 LED - a rd/rd Flan a Kit - w with flan e 351 0006615 Mt ,Rear Warn Lts, on To of Com t 1 $0.00 352 0006646 Electrical S stem, A/C, General Desi 1 $OAO 353 0516618• Harrison 10 kW MCR H draulic, Hot Shift PTO 1 $601.00 Generator Interlocks - No Interlocks 354 0006645 Location, H draulic Generator Above Pum 1 $0.00 Location Generator -over um on driver's side 355 0016752 S Switch for Truck En ine Powered Generator 1 $0.00 '356 0016757 Remote Start Not Re 'd for Generator 1 $0.00 357 0016740 Fuel S stem None R uixed 1 $0.00 358 0016767 Oil Drain Extension Not R 'd for Generator 1 $0.00 359 0016771 Routin Exhaust Not R 'd for Generator 1 $0.00 360 00.36738 Circuit Breaker Panel, Included With PTO Generator 1 $0.00 Location, CB Panel - com artment D3 on u er back wall same as 18391 CL 361 0007138 Fire Research, 750W Saber/Dash/I..ance Visor 575 Focus 1 -$I 4b2.61 362 0067677 Tele-Cite SOOW Telesco in Tri od 1 $1,365.80' Location, 120/240 Volt Lt - Passen er rear bod bulkhead. - e of Electrical Plu - c 20 am strai t 363 0067697 Te[e-Cite, SOOW w/Bottom Raise,Teiesco iri Pole 1 $1,200.62 Location, 120/240 Volt Lt -Drivers side rear of cab. Locate the cower mounting bracket between the bottom of the crosslay bed and the top of the upper speedlay. 364 0006812 Switch, Remote for Rood Li t 1 $397.47 Location -the visor floodli ht on front of cab Location, Switch - a cab 365 0006825 Reei, Electric Cable -Hanna 1600 3-wire 2 • $3,282.14 Locatio Cord Reel -one 1 each side over um re acres access door for cord reels • Reel Guide - a N latron aide 366 0006827 Cord, Electric, 12/3 Yellow 2 $1,067.31 Feet of Yellow Cord - c 150 Connection, Cord - no connection 367 0066849 Box, Junc, Akron, EJB, Four NEMA 5-20 Str Blade 2 $],013.20 Connection, Cord -direct 368 0053942 Enclosure; Reel, Feed Throu h Side Sheet 2 $680,52 Location -one {1 over each cord reel in car o area 369 0006824 Holder, Junction Box 2 $458.10 Location -With reels • 370 0066681 Rece tacle, 15A 120V 3 Pron Str Blade Du Iex Gen., Interior 3 $695.23 Location, Receptacles - P1 {front wall up high), P3 (rear wall up high) & inside cab EMS cabinet (high & centered on back wall) -all three (3} receptacles are to be wired to auto-transfer switch 371 0504683 Rece tacle, 20A 120V 3-Pron Sta Blade, NEMA 5-20 2 $466.18 Location, Rece tacies -one 1 each side on the rear bulkheads. 372 0066622 Rece tac1e,20A 120V 3 Pron Str Blade Du lex, Generator Ext 1 $231.74 Location, Receptacles -one (1) on the passenger side front bulkhead (refer to photo on the r-Drive 373 00]6857 Shoreline, Kussmaul Auto E'ect, 20am "Su er" 1 $418.81 Connection, Shoreline -Roof A/C, REc t. Pl P3, and EMS com tin cab Color, Kussmaul Cover - d ellow 374 0026800 Shoreline Location 1 $73.97 Location, Shoreline s - 22 DS Crew Cab 375 0036802 Sub Feed Breaker Box, For Shoreline 1 $210.17 Location., CB Panel -compartment D3 (on upper back wall next to the main CB panel same as 19336CL). Install generator meter panel next to the subfeed breaker box ain same a§ 19336CL . 376 0036800 Switch Auto Transfer, iT to 30Am 1 $485.44 Connection, Transfer Swit -the receptacles (opt. 66681) in Pl, P3 & the EMS cabinet & the Coleman Mach III air conditioner 377 0519545 Brand, H draulic Tool S stem, Amkus 1 $0.00 378 0046697 Hose H draulic, Amkus, 100' 2 $3,884.67 Fill in Blank -one RED, one BLUE for each reel. 379 0016992 Hose, H draulic, Amkus, Power. Su 1 to Reel 2 $1 042.85 Location -com artment Pl on tra match 18391 ,One RED, One BLUE 380 0016995 Reel H d, 150' Ca . .25" Dual Hose 2 $3 073.52 Location -com artment P1, mounted hi on back wall er drawin 18391CL Rsel Guide - a N latron aide 381 0007150 B of Nuts and Bolts 1 $0.00 B Nuts and Bolts - 1 382 0519540 Soft Suction Hose, Provided b Fire D artment 1 $0.00 383 0519761 Strainer Provided b Fire D artment 1 $0.00 384 0007210 Paint, Two Tone, Cab, Custom Cab/Gommetcial Cab 1 $722.18 Paint Color U er Area -white #20 u er cab Paint, Color -red #80 lower cab & bod 385 0017242 Paint Chassis Frame As .Job Color 1 $416.33 386 0065653 Warren , 10 Year Standard Paint ~ 1 $0.00 387 0007230 Com artment aint, S after 1 $0.00 388 0093019 Reflective Band, 6" Cab/8" Bod 1 $0.00 Color, Reflect Band - A - a white 389 0510041 Reflective across Cab Face, Im Nel i $0.00 390 0083157 Stri e, Reflective, Inverted "V", 4", Rear Bo & Door, 2 Colors 1 $948.26 Color Reflect Chev - HLR - * Color, Reflect Chev -Bum - Color, Reflect Band - A - a white Color Reflect Band - B - n rub red 391 0065687 Stri e, Reflective, Cab Doors Interior 1 $0.00 Color, Reflective - c rub red 392 0087357 Moldin Chrome on side of cab 1 $0:00 393 0030076 Letterin S ecifications, Vin 1/Painted 1 $0.00 394 0017246 Letterin ,Reflective 3" w/outline & shade 41-60 1 $0.00 395 0077250 Letterin ,Reflective I1 $450.44 Location, Letterin - "DELRAY BEACH" on the crew cab raof Size, Letterin ,Reflect - I2 Color, Letterin - e black 396 0019204 Letterin ,Reflective 4" w/outline & shade 22 ,Roll-u Doors 1 $371.31 Color, Outline/Shadow - a black Color, Reflective - i old 397 9902868 Emblem, Reflective, Delra Beach, Per note, Pair 1 $392.00 Location, Emblem -cab door 398 OS I670I Emblem, American Fla Painted on Cab Grille, All Custom Chassis 1 $960.72 399 0000000 Warran and Administration 1 $0.00 400 0000000 Ins ection Tri s (2 and Delive I $0.00 401 0000000 Interest 1 $0.00 410 0020007 Dealer su lied a ui ment 1 $13,475.94 411 0020014 Trade-in disco,Nnt_ 1 X6,000.00 412 002001ti5 chassis re- a discount - $25&;42~3~ OO:d~e at ~"~`~ '?I!_ .,, :-'~ 1 -$11,791.00 Total: $d69 778.00 1"1.. - A A - L A A TEiW-8 FIRE EQU1p~1E~IT, IMC 291Y1 59TH AVENUE DRIVE EAST t41 MARITIME DRIVE F3RADENTON ~ 34203 SANFORO fL 32771 "'"" IN ftA: t-800.228.9368 PRONE: 941.756.7774 PHONE 407.328.5081 FAX: 941.766.2598 FAX: 407.328•fi093 visit us at: www.ten~Bflre.com Sold DELRAY BEAGH FIRE DARAGE To: P8m Williams i 00 N.W. 1 ST AVENUE DELRAY BEACH, FL 33444 Order Number. SVQi 1144 Order Date: Page: 1 Ship DELRAY i3EALN FIRE GARAGE To: Pam Williams 100 N.W. 157 AVENUE DELRAY $I^AGH, FL 33aa4 Customer ID DELRAY Ship Via P.O. Number STF-2210 Ship Date p.0. Date Terms NET 20 DAYS galesperson M.f Work Dane Ten-8 Contaet DUSTIN BOUWER Problem DTF EQUIPTMENT Equipment Equipment iD Item hla. Descriptton UOM Quantity Unit Price Totelrt Prlcs N08E PVC 6"X10' CPI, 6" LH NST EACH 2 410.23 820.46 KOC-2P501 KOC•aS50U 5" BARREL S T RAINER EACH 1 97.11 97.11 STINGER LIFT OFD, 8297, NEW STYLE EACH 7 1,Q79.17 t,079.17 ELK-81270 THREAOEp ADAPTER TOP MNT 3" EACH 1 218.96 218.06 EL.K-8298P PQRTABLE BASE 5" STORZ EACH 1 1,017.36 1,017.36 ELK-80927 MASTER STREAM NOZZLE 2.5" EACH 1 t377.Q8 877.08 ELK•SM•1250 TiP OUAD STAGKER EACH 1 36$.06 368.06 ELK•5T-194 STREAM SHAPER HARD COATGO EACH 1 136,81 136.Si ELK-282A 5 HONQA SIMO flOWER UfVf'r CEN 45 5 EACH 1 7,029.03 7,029•(33 TEA-CT•363C190 . TEA-CT-353Ci88 33' EXT. HOSE RECIaLUE EACH • 1 916.40 916•' TEA•CT-353C189 CENTAUR 33fT. EXT. NOSE 6LK EACH 1 916.40 916.40 Amount Subject to Amount Exempt Subtotal: 13,47ti.84 Sales Tax from Sales Tax Invoice Discount: 0.00 0.00 13,475.94 Sales Tax: 0•~ Tatai: 13,475.94 MEMORANDUM TO: Mayor and City Commissioners THRU: David C. James, Fire Chief THROUGH: City Manager DATE: October 8, 2007 SUBJECT: Agenda Item # -Regular Meeting of October lb, 2007 Replacement Paramedic Rescue Vehicle Purchase ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of one (1 } Horton 2008 Custom Rescue Transport Vehicle through Hall-Mark Fire Apparatus of Ocala, Florida in the amount of $214,741.37. We propose using the Florida Sheriff's Association Bid (No. OS-06-0823). This bid has been used to previously purchase Rescue units for the City of Delray Beach. BACKGROUND This unit will replace an existing National Ambulance rescue unit, which will be traded in as part of the Hall-Mark proposal with a value of $7,500.00. I request that this item be placed on the October 16~' Regular City Commission meeting agenda for consideration by the City Commission. The pre-payment option has been reviewed by the Finance Department and found not to be advantageous to the City. We concur with this finding. FUNDING SOURCE Funding is available through the Central Garage Fund in account #541-3312-591-64.25, RECOMMENDATION Staff recommends Commission approve the purchase of one (1) Horton 2008 Custom Rescue Transport Vehicle through Hall-Mark Fire Apparatus of Ocala, Florida in the amount of $214,741.37. 8. L.2 } .. LYan~~~~e`w r~~S'~c.~ .~~~ ~Y 1~'.-i''ti~r\If:a '~r...~ ~,.'! s_. ,..i•i ., i ilt.l ~ ...~. i'i~?'tr~Ji » i-f~ir.F~-4f_d?.`:.If i r'~.i}t..; oe~Rnrse~cHMEMORANDUM An•~-me~icacityrTO: David T. Harden, City Manager r ` I r FROM: David C. James, Fire Chief 1~~; SUBJECT: Replacement Paramedic Rescue Vehicle Purchase DATE: October 8, 2007 The Fire-Rescue Department is requesting approval to purchase one {1) Horton 2008 Custom Rescue Transport Vehicle through Hall-Mark Fire Apparatus of Ocala, Florida in the amount of $214,741.37. We propose using the Florida Sheriff's Association Bid # OS-06-0823. This bid has been used to previously purchase another rescue vehicle for the City of Delray Beach. Funding is available through the Central Garage Fund in account 501-3312-591-64.25. The pre-payment option has been reviewed by the Finance Department and found not to be advantageous to the City. We concur with this finding. This unit will replace an existing National Ambulance rescue unit, which will be traded in as part of the Hall-Mark proposal with a value of $7,500.00. I request that this item be placed on the October 16~' Regular City Commission meeting agenda for consideration by the City Commission. Sincerely, t David C. James e Fire Chief Attachments: 4 Cc: Asst. Chief Ackerman Div. Chief Connar Lt. Anderson Mr. Rumell Mr. Safford Mrs. O'Connor i°t~-{F?-f'f[ C'S.JI• i7t t ,-~~s t~ct..~dl' ., A:.c . e~.ti t ,_ . i ..t; ~ JCt: i ~ i"~li..:~.(`. 1 i+; ;=,`JC,N'.!! . s '1i i_f?FiV 3i r.(i-!, i f)t;il !` 3._ r t ,,.. ?rt;~~'~r', ia? t;.:~'y-pk3cf 1'<~pn,„<. MEMORANDUM To: Richard Ackerman, Asst. Fire Chief From: Rebecca S. O'Connor, Treasurer 'i'hru: Joseph M. Safford, Director of Finance ~'~,/ Subject: Fire Apparatus -Hall-Markfire Date: October 8, 2047 I have analyzed whether it is cheaper to pre-pay $214,741 upfront (Option 1} or pay upon receipt of equipment (Option 2}. Tt was assumed that we would receive the aehicle 240 days from the day of the order and an interest rate of 5.42%. I recommend Option 2 which is the cheaper option by $1,024 based on these ass~unptions. See table below. Option Gross Less Net Cost Less Plus Los# Total Cos# Cos# Trade Discount Interest Option i $222,241 ($7,500} $214,741 ($6,500} $ 7,524 $215,765 (pre-pay $214,741 Option 2 $222,241 ($7,500) $214,741 $0 $214,741 (pay at end $214,741 Difference $ 1,024 Assuming 5.42%, the breakeven point is at 207 days. That is, if the product comes 207 days or more than it will be cheaper to pay at the end and if it is 207 days or less it will be cheaper to pay upfront. Please give me a call if you have any questions. n,~'t ~ ~~,, 3431 NW 27~' Avenue • Ocala, Florida 34475 Fire ~ ~ t u s Office: 352-629-6305 • Fax: 352-629-2018 Toll Free: i-800-524-b072 RESCUE TRANSPORT PROPOSAL Date: September 24, 2007 This Proposal has been prepazed for: City of Delray Beach Fire Rescue 501 Atlantic Ave Delray Beach, FL 33444 We propose to famish to you one (1) 2008 Horton custom Rescue Transport Vehicles on a 200$ International 4400LP chassis, to be custom built aad equipped in accordance with the requirements of the City of Delray Beach Fire Rescue Department. Vehicle to be purchased from Florida Sheriff s Association Bid # 05-06- 4823. Delivery will be F.O.B. Delray Beach, FL anal will be made approximately 300 calendaz days after receipt of the order at Hall-Mark Fire Apparatus in Ocala, FL. Terms of payment shall be cash on delivery (C.O.D.) unless the purchaser elects to make a prepayment. The current purchase price for the specified Rescue-Transport vehicle is $2I4,74I.37 .This proposal shall expire October 31, 2007 unless extended in writing. ~ This proposal is deemed acceptable by the undersigned. In witness whereof, The Company and the Purchaser shall execute an agreement to this proposal with signatures from, authorized representatives as of the date set forth by each. Base Price, per Florida .Sheriffs. Aa~osiation: _$,124,.445.00 Options and upgrades per City Of Delray Beach: $ 97,728.00 Less Hall-Mark Fire Discount: $ -1,000.00 Total price of Rescue Transport Vehicle: $ 221,173.00 Less trade ip of 1999 International, (National Ainbulancej: S -7,500.00 Florida Sheriffs Association %:% fee: S 1068.37 Total Price: $214,74,x.37 Company: Purchaser: By: By, Michael Day Tifle: Special Vehicle Sales `__ Title: Date: September 24.200,_ 7 _` Dom; Dorton ~_ ;~~, www.hall-markfire.com EMERQENCY VEHICLES E-Mail: info(7a,hall-markfire.com Authorized Dealer Ball prke on Florida SherMPa AaeoeWion Comnct I Oti-08.0823 httematfotta14400LP 5124,446.00 Added optbna to meet Delray Beach Fin Rescue nquMemertts Option price Upgraded enginskhassis kptfons 523,878.60 Rear mud Baps 596.00 front 8 rear dodo bumpers 5212.00 Extended Gb AAodIBCatbns (roll up door compartments) 54.190.00 Diamond plat fuel tank covens 51.725.00 Cemen tayatem 51,790.OD Shell for vertlcai exterior compartment in o2 comp 5139.00 Trailer Hild1 S68b.oo Streetslds forwud txxnpertment modiTicedions 5929.00 Sueetside intamnedirde ODRIpaMMM mOdiitCBtiena 5189.00 Sueetside rear earrpartmem modlBcatlons 5189.00 InCFeaea headroom 2' 5310.00 Body bwered 8` from standard 51.030.00 Delete bogy mdrAnp s26a.oo Cwtomlzed conversion S6,a39.oo PrWary pleas on trtodWe windows 5129.00 Diamond plate wheel well trim 5301.00 Elekdrlc door loefoz compartments 5381.00 Concealed door switch St27.00 flekXric door Iccics wirod to OEM swMchea 5100.00 Reeeesed license plats bracket 5129.00 Drl-Dedk In exterior kwrtpartrtanta 5388.00 tower Dody diarttortd plate Trim 5376.00 Paint stripe On boltam half d cab and body S1,b27.00 e• scotdtlhe stripe seoo.oo peat plexlgese an Intedor tbbinel doors x,00 Custarn non-stocked Boor 5103.00 (a~akNeas steel risers In patlent compartment 5310.00 Slainlesa steel tower door panels 5232.00 High badk child safety seu with right hand armrest $688,00 Lift up cabinet irartwa streelside 518000 CPO seat drop down badtrest 5129.00 6torage beneath tpr seat 5155.00 Custom sharpes wears storage at heed of squad bench 546D.00 Cudomlzs troll wall cabinets 5480.00 Upgraded Imarior acrxssorles and trim 51,275.00 Custom led IightWrs, front and reu 55,688.00 Supu Lad Light padtags 58,000.00 Upgraded siren 5350.00 Remote OOnird apodigM 5450.00 durrgeNpower supply 5611.00 Additlond 110v oudata 5178.00 Additlonsl 12vdc interior oudau 5114.00 Upgraded shorelines 5891.0D Shoreline indcators 5,00 model B9M Pro9~~rW 5397.00 Addtond Report Ught 587.00 Wrcraft styb dodk 5180.00 Upgraded patient eanpartmeM light 5852.00 Streamllghl prewlre 575.00 Qensntor 54,800.00 Upgraded 12v AIC 53,800.00 Power vents 5330.00 Roksttop 110V NC with Atumirtum kxtvu 52.250.00 Mtenna A radb pnwin ~17,0D David park Intercom system 54.000.00 Mtxorda Mobile Data Temtinai SB,6ao.OD AdrbukxW 02 outlets 5370.00 02 Bowmeter x 2 5348.00 02 wrench 538.00 2 D style bottle mounffi 5398.00 SSCOR Aspirator 5388,00 ~~n9 51,860.00 Factory Pitiorp and delivery dtargs 51,698.00 Fuel, Toga, AdrmnklralWe 5225.00 Cabinet In ab, between rdl up door oompartn+ents 51,18200 Heston Prig Inaaue July 15.2008 52,218.60 Horton Prig klrxease July 1, 200'7 52,426.00 total options 597,728.00 TWaI 5222,173.00 CO1dnCt Total 5222,179.00 ~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERSv FROM: CAROLANNE KUCMEROWSKI ~ F~ THROUGH: DAVID T. HARDEN, CTTY MANAGER RICHARD C. HASKO, ENVIRONMENTAL SERVICES DIRECTOR DATE: OCTOBER 10, 2007 SUBJECT: AGENDA ITEM # ~ • ~ • ~ -REGULAR MEETING OF OCTOBER 16s 20+ PURCHASE AWARD/AMERICAN TRAFFIC PRODUCTS AND SERVICES ITEM BEFORE COMMISSION This item is before the Commission to approve a purchase award in the total amount of $20,455.70 to. American Traffic Products and Services for the City's yearly supply of signs and sign supplies. BACKGROUND Three (3) quotes were obtained for each item. Copies of all quotes are attached for your reference. These sign supplies will be used during the year by the Public Works Department for all City signs. Separate quotes were obtained for aluminum sign blanks and galvanized sign posts. American Traffic Products and Services submitted low quotes for both sign items as follows: Aluminum Sign Blanks $11,979.70 Galvanized Sign Posts 8 476.00 Total Amount $20,455.70 FUNDING SOURCE Funding is available from 001-314.1-541-52.20 (General Fund/Operating Supplies/General Operating Supplies) RECOMMENDATION Staff recommends approval of a purchase award in the total amount of $20,455.70 to American Traffic Products and Services for the City's yearly supply of signs and sign supplies. alll City of Delray Beach TO 100 NW 1" Avenue Delray Beach, FL 33444 Customer ID 9114 SHIP City of Delray Beach TO 434 5 Swinton Avenue Delray Beach, FL 33444 Customer iD 9114 SALESPElas50N~ JOB SHIPPING METHOD SNi,;a• DELIVERY DATE RAYNtENT TERMS 203 NA NA NA NA NA (4 . Q4lANT~'Y DESCRIP?lQ~ ' , ~ UNIT PRicE I .. `. t(NE%7`OTAI y 1 50 .80 12" x b" Aluminum blanks 51.46 $73.00 2 50 :80 12" x 9" Aluminum blanks S2.32 $116.00 3 200 .80 12" x 18" Aluminum blanks $4.67 5934.00 4 50 .80 18" x 15" Aluminum blanks $5.80 5290.00 5 50 .80 18" x 18" Aluminum blanks Sb.97 $348.50 6 100 .80 24" x 8" Aluminum blanks $4.10 5410.00 7 100 .80 24" x 24" Aluminum blanks $12.50 $1,250.00 8 100 .80 24" x 3Q" Aluminum blanks $15.50 $1,550.00 9 100 .80 30" x 8" Aluminum blanks 55.00 $500.00 10 100 .80 30" x 30" AlunNnum blanks 518.56 51,856.00 1i 2~ .80 R1.1 30" Aluminum blanks (stop signs) $15.75 $3,150.00 12 50 .80 36" x 12" Aluminum blanks 59.20 $460.00 13 100 .80 36" x 8" Aiuminurn blanks 55.80 $580.00 14 20 24" x 48" Aluminum blanks (school speed limit) $23.11 $462.20 c~~o~c Prices quoted herein are firm for a period of 60 days after quotation date. THANK YOU FOR YOUR BUSINESS! Subtotal $11,979.T0 SALES TAX Exempt TOTAL $11,479.70 99/19/2007 14:12 2392624645 MUNICIPAL PAGE 02/02 --© ALUMiMUM BLANKS 1zfE .- 12 x 6 .~ ___.. - Gt ANTI'1'Y 80 ~ pR1CE EACH ~ T07AL PRlGP Z 9 ~ cx7 __...._.~... ~ - 112X9 - 50 1 8 ~ 200 ,1 . U oc:7 12 1 isx~s ~ ~ 5a so Y _ , q~ -~ . ~t ~ ~ cv 3~y , ~a 18 X is ~s x 2a Z~ 8 y~ X xq. ~- ~ 100 100 ~ ~ . ~L5 ~ I . loU _ _. ~ .. LI ~ [~ . 1, e'2laC~ . y ~ 7r~ X 3D 100 ~ '~ } , C~ ao x a ~~ a' ~ 5 5a'S, vra _.._ .. ._ _ ao x so ... goo ~~, , ~cq , ov 30 x ao si-~ ~'" -,.... 5CM001 30 X~~30 R1-~ zoo X40, a U .~ STO/'Sf6N ~ ... ...._...._.. ao x 3s 36 X ! x 50 ~~ ~ t.1 LI'-1 36 X Ss __ 88 X 8 ~' 100 ,~n . b ~o , ~ 8 X 44 achoo o a5 . ~o .{ . oc, asxao .. _ - ss 4a .. .. s0 X 30 T2X78 L0/L9 ~~ad HOa3a h~7~3Q r0 il.lxa VLELEtiL'T95i ~z%tiT c00Z/8t160 Si~airl~ America Corporation 5700 Columbia circle . west palm Beach, i+L 33407 Name / Adtinelts City otDaGay Boedt 434 S 5WINTdN AVE DS[.Ri4Y BEACH, FL 33444 LATIN:1'U~I.IC WORKS Estimate Dote 1=sdmate !~ 9/IS/20tYf 913 Ship To City of Delssy Bach t00NW tat Ave DELRAY H>'~ACH. FZ. 33444 ATTN: PUBLIC W01tKS/sign shop P.O. No. ~P PL OesaiptlOn fny Cat TpgJ 12" X 6" B[.ANICS ~ SO 1.63 E1.30 t2~x LA r n s Y 9 " a c s o ~.4 < tZZ.o o / R • ~ ~ ~ sr ~ ]Z" X /1<" BLANKS ? y ~/ ~ Z~ p 1.57 n M 995.00 I5"x!s" BLANKS3 so 6.la 3os.oo 18" JC 18" H1.ANKS' S0 7.34 367.00 2a" x 5" $L~wxs .. 100 a.34 a34.00 24"X24" BI.ANIC3 100 13AZ If302.OQ 2a" X 38" BLANKS ": 100 t6.26 !,625.00 30" x a' st~ANxs ]o0 5.44 s4~.oo 30" X 30" BLANKS 100 20.34 2,034.00 Al-130" HI 5701' Si0N8 200 37.73 7,35000 36" X 12" BLANKS ' SO 9.77 458.30 36" X S' BLANKS 100 6.S 1 631.00 SS-l 24" X as• FYGJ!'D SCHOOL SPEED LI1~Cf ' ~ ZQ 108.00 2.t60.00 45" X 4t" 84ANKS SubEatal .~~ ~D ~S by S>oll4s Talus (Q.0'X.) >~~~ '~ ~ Total ..~ /~~ w ~(S , o° asiOrMlgJrs x Phorw B Fact B E-snail Wob Site 361.542-3465 s61-54Z-7925 wa~v,~com ~• E00/ZOOM Y~ISi3MEY JNINOIS SZ6L Zb8 l99 XY3 BZ~OI lOOZ/6t/80 ISILt City of Delray Beach TO fp0 NW 1`t Avenue Delray Beach, FL 33444 Customer ID 9114 SHIP City of Delray Beach To 434 S Swinton Avenue Defray Beach, FL 33444 Customer tD 9114 ... , . ` SALESPERSON JO6 SHiPP1~IGAtET'HOd ., SHI~~N~ ~ :DELIVERY DATE` pAYIAENT.TERMS. ., 203 NA NA NA NA NA ~ ~ ITEM ~ .. QUAMTxY P~'ION: DESCRI UNIT PR1irE D13EE1U'N7: tM1E TOTAL . h Y $ Z. 1 200 12' 2 x 2 Galvanixed square post $21.42 $4,284 2 200 t0' 2 x 2 Galvanized square post 520.96 $4,192 ~V ~/~~ TOTAL DISCOUNT --- ••- SUBTOTAL $8,476 SALES TAX Exempt TOTAL $8,476 Our receipt from the transportatia~ company constitutes detlvery in good order, phase inspect for damages to goods fn trait. <: , . ., . , ,Make'all checks"payable to Artierican Traffic Products tt Services'Ir1lc THANK YOU FOR YOUR BUSINESSI vim{/ iV/ L.v V • VV ZV L V rl'1 1 V . J()1LYJ / J1Y L 1 1'11V11V11C3 ~1GiV11 • M11 rg 1 I/ittl`C~l~ ~1,(,~l7S I , 4G$ E2s' Eierry Avenue ~ P.J. Box ? II50 +~t~ley, Rlala~rra % ~653G-? 650 (25 ; )-943- •.541 or f-3L0-633-66~t5 QUOTATION To: CITY OF DELRAY BEACH DATE: 9!1912007 ATTN: ORLANDO PN: 561-243-7345 FAX: 561-243-7314 In response to your inquiry we are pleased to quote on fumishina the following: (TEM QUANTITY DESCRIPTION UNIT PRICE TOTAL 1 200 12' 2 X 2 TELESPAR POST 14 GAUGE $22.86 4,572.00 2 20D 10' 1 3/'4" X 1 314", TELESPAR 12 GAUGE 21.44 4,288.00 """PRICES GOOD FOR 3D DAYS""* - """'PRICES BASED ON ALL OR NONE""' ANY QUESTIONS REGARDING THIS QUOTE, PLEASE CALL MICHELLE WELCH AT 800-833- 6845 PLEASE FAX QUOTE TABULATION TO 251-972-1550 TOTAL $ 8,860.00 Prices are F.O.B. DESTINATION Delivery: 30-45 DAYS Terms: NET 30 'x9/18/2097 13:59 2392624645 MUNICIPAL C17Y OF D~LRAY BEACH 10~ NW 7'~ AVBNUB DELRAY BEACH F[. 33Q4~ PHONE (56~!} ?43.7'345 FAX (56'i) Z43-7514 D 71oe 8lut>~dpal ~+R~Y Mamm A1lantlo secrmma P~aa (239) 382 ~- 454s f+a5ese ~p~ - - ~~ae ~ b00 3Y8 ~ 5385 8 OI`1T Q ilrgon! Par RsW~,w ^ Plarts~e Qel~rwwnet xPlw~q`s O llawlw PAGE 01/01 Gocil[d you fax ate a >~otp on t1>w tatNolWietg mel~oriaL RLL ~ ~ 2oD square yalrr post 12' x 2'SQ" t ~' Gac~G~E'' ~' Z3.4 0~ °U4~c.yF- ~ ~ 7l ~ ~~• ~ .~ ~ squ~ 98~v past 1a x 7`'Ys x 1 N ~ ~Z Catuc~~ ~~.3 , Q ~/~Ff ~ ~ ~ ~ ba . ~~g~,o© 1 T.q/LA a~t1r1. !-I`~11~A ,tt!?t•l~R ~if1 h1T7 tfZF./fbT.TgC CT~F.t '1G1GiT./fitlFGl Agenda Item No.: ~• ~ ' Request to be placed on: X Consent Agenda Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST DATE: October 10, 2007 WHEN: OCTOBER 16.2007 Commission Meeting Descr[ption of item (who, what, where, how much): This item is before the Commission to approve a purchase award in the total amount of $20,455.70 to American Traffic Products and Services for the City's yearly supply of signs and sign supplies. Three (3) quotes were obtained for each item. Copies of all quotes are attached for your reference. These sign supplies will be used during the year by the Public Works Department for ail City signs. Separate quotes were obtained for aluminum sign blanks and galvanized sign posts. American Traffic Products and Services submitted low quotes for both sign items as follows: Aluminum Sign Blanks $11,979.70 Galvanized Sign Posts S 476,00 Total Amount $20,455.70 Funding is available from 001-3141-541-52.20 {General Fund/Operating Supplies/General Operating Supplies) ORDINANCElRESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of a purchase award in the total amount of $20,455.70 to American Traffic Products and Services for the City's yearly supply of signs and sign supplies. Departure Signature Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable) Budget Director Review required on all items involving expenditure of funds): Funding available E Funding alternatives {if applicable) Account No. & Description: ~~Yl C:Z.~ $ S 7 t{~f ~, City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: _ Placed on Agenda: Action: Approved/Disapproved U:1Mum AQnd Req G(' 10160~doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER Y~~~ DATE: OCTOBER 9, 2007 ^ SUBJECT: AGENDA ITEM # . !"'t -REGULAR MEETING OCTOBER 16.2007 APPROVE A REQUEST FROM ONNEN DISASTER AND RECOVERY CENTER FOR THE PURCHASE OF THREE (3) IN-LIEU PARKING SPACES ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from the Onnen Disaster and Recovery Center for the purchase of three (3) in-lieu parking spaces to accommodate a proposed 4-story mixed use building containing 9,361 sq. ft. of office space and one residential unit on the fourth floor. BACKGROUND The Onnen Disaster and Recovery Center, is to be a hurricane hardened facility with back up generator power to be located at 234 NE 4th Avenue. The proposed office use will primarily serve as a data storage center (50% of the space) for computer equipment intended to store data for off-site corporations. During storms/disasters, these computers will be used to assist corporations in continuing to work without the downtime associated with normal .recovery operations. The balance of the space will be offices which will be utilized on a limited basis. Given this utilization the proposed project will function more like a light industrial use rather than a standard office use. The required parking for the development proposal is 1 space per 1,000 sq. ft. of warehouse plus 3 spaces per 1,000 sq. ft. for attendant offices. Utilizing these parking generation rates, the total required parking for the project is 22 spaces including the required spaces for the residential unit. The project is providing 19 of the 22 required parking spaces. on- site. The applicant is requesting to purchase three (3) in-lieu parking spaces at a cost of $15,600 per space. In accordance with LDR Section 4.6.9(E)(3) the total fee of $46,800-will be paid via an in-lieu of parking fee payment agreement, which requires 50% payment upon signing of the agreement and two subsequent payments of 25% on the second and third anniversaries of the agreement. It is noted that one (1) on-street parking space will also be constructed in the right-of-way on NE 4th Avenue. However, this space will not be reserved for, nor applied to, the project's required parking but will be available to the general public at all times. The provision of parking in this case supports the Delray Beach Downtown Master Plan which encourages the provision of adequate parking and therefore furthers the goals, policies and objectives of Comprehensive Plan Policy C-4.2 of the Future Land Use Element. City Commission Meeting Staff Report -October 16, 2007 Onnen Disaster and Recovery Center - In-Lieu of Parking Request REVIEW BY OTHERS The Parking Management Advisory Board (PMAB), at its meeting of September 25, 2007, unanimously recommended approval of the applicant's request. The Downtown Development Authority (DDA), at its meeting of July 9, 2007 recommended approval of the original request for 19 in-lieu spaces. At their October 8, 2007 meeting the DDA unanimously accepted the update presented by staff specifically noting a reduction to 3 in-lieu spaces. The Community Redevelopment Agency (CRA) considered this item at its meeting of October 11, 2007. The findings of those deliberations will be presented at the City Commission meeting. RECOMMENDATION By motion, approve the request from the Onnen Disaster and Recovery Center for the purchase of three (3) in-lieu parking spaces, at a cost of $46,800.00 to be paid via an in-lieu of parking fee agreement, by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations. Attachment: ^ Location Map 2 N.E. 4TH w w > > Q r o 0 ~ N N.E. 3RD w w z z w i ~ 0 z N N.E. w a 3 J Q W O W L.~ 2 H a0 i, i z Z ~ o ¢ ~ m o a ~ ~ a ~ Q; O CJ W N.E. 1ST a .-~ 0 Z z o r r = z ~ ~ Z z Z A T L A N T I ST. O® Z O m O Z 0 Z r ~~~o A V E N U E N ONNEN DISASTER AND RECOVERY CENTER ~ SUBJECT 234 NE 4TH AVENUE PROPERTY CITY OF DELRAY BEACH, FL ~ LOCATION MAP PLANNING k 20NING DEPARTMENT -- 0/G/TAL RAS£ MAP SYSTEM -- MAP REF: U:\Autocad\Scott A\Onnen Disaster and Recovery Center !'. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR ONNEN DISASTER AND RECOVERY CENTER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request has come before the City Commission on October 16, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Onnen Disaster Recovery Center. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required for a change of use and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. Does the In Lieu Parking Fee request for three spaces meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained q.A in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 16~' day of October, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: OCTOBER 10, 2007 SUBJECT: AGENDA ITEM # -I . ~ -REGULAR MEETING OF OCTOBER 16, 2007 APPROVAL OF AGREEMENT -HORSE DRAWN CARRIAGES, INC. ITEM BEFORE COMMISSION City Commission is requested to approve an agreement between the City and Horse Drawn Carriages, Inc. to provide service along Atlantic Avenue and NE 2nd Avenue from November 1, 2007 through May 30, 2008. BACKGROUND We have been requested by Marjorie Ferrer to consider approval of this agreement for the upcoming holiday season. By this agreement, Horse Drawn Carriages, Inc. would provide horse carriage rides for the dates specified. The route would be along Atlantic Avenue, with pick up and drop off points at the Marriott Atlantic Avenue entrance, to two (2) parking spots on the south side of Atlantic Avenue adjacent to Worthing Park. The proposed schedule of service is as follows: from November 1, 2007 through November 27, 2007, Wednesday through Saturday, from 5:30 p.m. until 11:00 p.m., weather permitting; from November 28, 2007 through January 6, 2008, daily from 5:30 p.m. until 11:00 p.m., weather permitting; and from January 7, 2008 through May 30, 2008, Wednesday through Saturday, from 5:30 p.m. until 11:00 p.m., weather permitting. Ten percent of the gross revenue received would be donated to the Downtown Marketing Cooperative to offset cash costs for putting up the Holiday Tree. The fee for one (1) to six (6) passengers will be $40.00. All City staff concerns regarding safety, clean up and care of animals have been addressed in the agreement. LDR's section 2.4.6(f)(3)(d) allows this use during the season. The proposed agreement is attached. Prior to start, the company will need to provide the City with a Certificate of Liability Insurance. RECOMMENDATION Staff recommends approval of the proposed agreement between the City and Horse Drawn Carriages, Inc. to provide horse and carriage rides along Atlantic Avenue and NE 2°d Avenue as specified in the agreement, conditional on the receipt of the Certificate of Liability Insurance. cc: Marjorie Ferrer Joe Gillie U:\wwdataWgenda\Agenda Item Approval Agreement Horse Drawn Carriages.doc AGREEMENT THIS AGREEMENT, made and entered into this day of 2007 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "CITY"), and HORSE DRAWN CARRIAGES, INC., (hereinafter referred to as "CARRIAGES"). WiTNESSETH: WHEREAS, the CITY controls certain roadways located within the City of Delray Beach; and WHEREAS, CARRIAGES desires to use these roadways for the operation of horse-drawn carriage rides to the general public; and WHEREAS, the CITY believes that offering carriage rides during the holiday season will increase revenues to the City; and WHEREAS, CARRIAGES agrees that ten percent (10%) of their gross revenues shall be donated to the Downtown Marketing Cooperative for use to offset cost of erecting Christmas tree. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. LICENSE: TERM. The CITY hereby grants to CARRIAGES the right and privilege to use Atlantic Avenue east of Swinton to the Marriott from November 1, 2007 through May 30, 2008. CARRIAGES' rights shalt cover an additional one (1) day after the term of license in order to allow CARRIAGES to remove necessary facilities and/or equipment subject to the survival of ten (10%) percent required on termination. (d) Set up each of two (2) carriages complete with one (1) horse per carriage; with an option to add a third (3) carriage, as may be needed. (e) Provide proper illumination of carriage vehicles; (f) Operate carriages on approved road surfaces only; (g) Provide horse diapers to ensure cleanliness on site as well as dispose, of horse diapers in a sanitary fashion; (h) Obtain all necessary permits; (j) Provide adequate liability insurance coverage in amounts determined by the CITY and including a clause indemnifying CITY; (k) Provide carriage drivers skilled in ability to control animals; (I) Provide bells on horses; (m) Provide adequate food and water for animals; (n) Bear responsibility for finding storage for carriages and/or trailers when not in use and CARRIAGES must bear expense for said storage as well as any and all risks of loss therein; (o) Horses shall not be left unattended while parked; (p) CARRIAGES' agents and employees shall comply with traffic regulations and shall possess a valid driver's license; (q) CARRIAGES shall display a valid schedule of .rates, charges and hours of operation in a location visible by the public; (r) Obey all laws of the City and the State including but not limited to providing signage in accordance with applicable ordinances, laws, or rules. 5. ACKNOWLEDGMENT OF BENEFITS. In acknowledgment of the services provided by the CITY in Paragraph 3 above, CARRIAGES agrees that CITY will have the following acknowledgment rights: (a) Inclusion of CITY'S name and/or logo in all print, radio, and television advertising created by CARRIAGES to promote carriage rides; 3 10. FINANCIAL RESPONSIBILITY. CARRIAGES agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for the carriage rides including, but not limited to, all accounting and reporting as may be required by law. CARRIAGES further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of the carriage rides, and which are not provided for in this Agreement. 11. OTHER SERVICES AND SUPPLIES. CARRIAGES further agrees that all services and supplies not specifically identified herein shall be provided by or through CARRIAGES. 12. RIDE TICKET SALES. All ride sales tickets shall contain language approved by CARRIAGES and CITY establishing that the ride tickets create a revocable license. Prior to the commencement of sale of any ride ticket, CARRIAGES shall provide City Manager or his designee with the established ticket sales price. 13. ADVERTISING MATTER. (a) CARRIAGES agrees, subject to its rights, if any, under any applicable License Agreements, to identify the City of Delray Beach as the location of the carriage rides in publications, advertising and any electronic broadcast, and to permit CITY to use CARRIAGES' name, and CITY agrees to permit CARRIAGES to use the CITY'S name, logo, and trademark during the term of this Agreement solely in the connection with the carriage rides. CITY agrees that promotional material created by CITY with regard to the carriage rides is subject to the approval of CARRIAGES. CARRIAGES agrees that any material submitted by CITY will not be unreasonably disapproved, and, if it is disapproved, that CITY will be advised of the specific grounds of the disapproval. 5 Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. 17. CHANGE IN LAW. During the term, the CITY reserves the right to restate and/or renegotiate with CARRIAGES such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the public roads. In the event that the CITY and CARRIAGES are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 18. TERMINATION. Either party may terminate this Agreement without cause upon five (5) days written notice except that ten (10%) .percent of gross revenues collected prior to the date of termination shall survive such termination. 19. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To CARRIAGES: Rebecca Learman, Horse Drawn Carriages, Inc. 11715 Sunset Boulevard West Palm Beach, FL 33411 or to such other addresses as either party may designate in writing. 21. INTERPRETATION. 7 shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CARRIAGES under this indemnification agreement. (c) Such indemnification shall be limited to the amount of liability insurance which CARRIAGES is required to obtain under this License Agreement. See Exhibit A attached hereto for requirements. (d) Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Paragraph 22 shall survive the execution, delivery and performance of this Agreement. 23. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any property placed on the Site by CARRIAGES, its agents, employees, representatives, independent contractors or invitees. CITY is hereby expressly released and. discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Site under this Agreement. CARRIAGES shall indemnify, hold harmless, and defend the CITY in any action naming the CITY, its officers, agents and employees. All costs and fees associated therewith at trial and appellate levels shall be the responsibility of CARRIAGES under this agreement. 24. INDEPENDENT CONTRACTOR STATUS. CARRIAGES and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement or for any other reason whatsoever. This Agreement shall not in anyway be construed to create a part- nership, association or any other kind of joint undertaking or venture between the parties hereto. 25. WARRANTY. 9 the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 31. VENUE. Any. action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 32. APPROVALS. All approvals to be given by a party under this Agreement shall not be unreasonably withheld or delayed. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to Form: City Attorney WITNESSES: Rita Ellis, Mayor HORSE DRAWN CARRIAGES, INC. By:_ Name Printed: (print or type name) Title: 11 Charming Horse-drawn Carriage Rides through Historic Downtown Delray Beach 561 333 0920 ~orsP ~r "ria9es `~nC, Rebecca Learman • Horse Drawn Carriages, Inc. • 11715 Sunset Blvd • WPB, FL. 33411 Tel: 561 333 0920.561 707 8007 Robert Barcinski Asst. City Manager City of Delray Beach 100 NW lst Ave Delray Beach, FL 33444 September 20, 2007 Re: Horse-drawn carriage rides, 2007/2008 season, Downtown Delray Beach Robert: It's time again and we sure are looking forward to coming back. Last season was a great success. Horse Drawn Camages, Inc. has become a part of Delray Beach and we are glad to be able to bring our unique services to this special city. Giving rides on Atlantic Avenue has been such a pleasure because of the positive feedback from so many satisfied customers, as well as from the countless pedestrians who stop to pet the animals and ask questions about horses. It seems there is always a smiling crowd standing around us. Horse-drawn carriages recreate a time when life was to be savored slowly. They recreate a very special relationship between man and nature. When passengers thank us, they are not only thanking us for the ride, but also for the re-enchantment of everyday life. It's a welcome way for Delray Beach residents to spend time. Our horses continue to be in tip-top shape, beautiful and obviously well cared for. They are happy, and therefore able to impress the most critical. All of us at Horse Drawn Carriages, Inc., including the horses, had a wonderful time giving rides last winter. We expect the upcoming season to be even busier and again be able to contribute to the success of Delray Beach. FROM :Horse Drawn Carriages FAX NO. :561 333 0920 Oct. 09 2007 03:39PM P1 .. il., __ . This year again, we would like to stage froam Worthing Park, .away from the restaurants and where customers can wait in the pack. We would like to provide our services year round. For the 2007/2008 Delray Beach season we would like to start ilt November 200'7. From November i, 2007 through November 27, 2007 we wil! be in service Wednesday through Saturday from 5:30 p~m until 11:00 pm, weather perrxxitting. Fro»x rTovember 2$, 2007 through January 6, 200$, with the famous one hundred foot Christmas tree, we will be ian service daily from 5:30 pm u~uti111:00 pm, weather pez~rnitting. From January 7, 2(108 through lytay 30, 2008 we will be in service again'Wedtxeaday tbrough Saturday from 5:30 pm until 11:00 pm, weather permitting. We will provide 20 - 25 minute horse-drawxt carriage rides along Atlantic Ave and Pineapple G~t~ove Way with a pick up and drop off location at the 100 foot Christmas tree and on Atlantic Ave., with passenger stops at Worthing Farlc az~d the Delray Beach Marriott 1-iotel. The fee for one to six passengers is $40.00 per ride, plus driver gratuity. We will donate 10% of the gross revenues collected during this time to the Downtown Marketing Cooperative_ 'The City of Delray Beach and the Downtown Marketing Cooperative will again be added as additional insured to our 2008 insurance policy. We will continue our policy of proper, sactitary waste disposal and will never dispose of any manure improperly. We will carry a neutralizing solution to eliminate all urine spot odors. Yf you. need any additional information, please do not hesitate to contact me at: SS1 333 0920 or 954 309 1727. We enjoy working in Delray Beach and are glad to be coming back. Si Rebecca an Morse Drawn Carriages, Inc. 2 The History of Draft Horses The Industrial Revolution proved to be responsible for both the rise and collapse of the heavy horse in America. Demand for draft animals was spurred on by the growing transportation, construction and agricultural needs of the nation. The last half of the 19th century made draft horse breeding both essential and profitable. Massive importations from Europe took place. The period also ushered in the development of the present day breeds of heavy horses. The number of horses and mules in The United States peaked in 1920, at about 26 million. The groundwork for today's agriculture had been laid. The horse lost the battle of the streets to the automotive industry rather quickly. As for the battle of the agricultural fields, it fought very tenaciously, but eventually yielded in most cases to greatly improved tractor power. By 1950, it was indeed, on thin ice. "Get big or get out" was heard across the nation and many did just that. It appeared to many that the draft horse was destined for the museum, a relic of days gone by. Since that time, the draft breeds have not only stabilized their numbers, but once more enjoy a thriving trade. The fact that the old order Amish decided in the '20s to reject tractor pawer in the fields was a considerable factor, as were the dedicated breeders that had produced these splendid breeds. The present trade for heavy horses is made up of several Hitch markets. Their power and beauty have more than a little to do with this resurgence. The multiple hitch, once used to pull plows and combines, now f nds itself hitched to a beer wagon in a parade or a big fifth wheel wagon at a fair. Equine competitions are reaching and exceeding levels not seen since the 1930x. On the small farms of the Amish, it plays its traditional role as the tractor that burns home grown fuel and raises its own replacements. On western cattle ranches, teams are still used to feed cattle, and in some cases, elk. In the logging industry, increasing environmental concerns have bolstered horses and mules to the machine of choice where selective logging, rather than clear cutting, is the order of the day. The flourishing tourism industry has prompted the return of horse drawn trolleys and carriages. They are again commonplace in historic areas and on many big city streets. They are doing an amazing number of things...some traditional, others less so. The uses for draft animals are limited mostly by the imagination of people. It is, once more, a viable and growing business. PROMISING FUTURE Romance (and history) have it that all of our drag breeds descended from the age of knights in armor. They needed heavy, powerful mounts and the Great Horse of Flanders (a common ancestor to several breeds) provided the genetic material. The knights, encased in heavy armor on horseback, became the tanks of their time. They were later rendered obsolete by gunpowder, another element of the industrial revolution. Be it for whateverreason -public appeal, versatility, practicality or economy -what was once regarded as an artifact of history has today become a tool of choice for many. The breed registries in this country confirm that it is growing. Any genome that has survived first gunpowder and then industrialization, can survive darn near anything. And survive is what the draft horse industry has done. ~~SP Quotes from Horse Professionals Carriage Horses in a Positive Light `9nc, When people dismount your carriage, and say, "Thank you," they are not only thanking you for the ride, but also for the re-enchantment of everyday life. Carriage Operators of North America Horse-drawn carriages recreate a time when life was to be savored slowly. And, they recreate a very special relationship between man and nature. When treated with care and respect, the horse willingly provides his great strength for mans purposes. Man, in tum, tends to the health and comfort of his partner in work. Therein, lies the dignity of labor. Elizabeth M. Guarisco If you're driving on pavement or hard roads, take time to condition your horse to the concussion. Horses conditioned on hard surfaces often have stronger bones and ligaments, and they're known for having long competitive life spans and good soundness. Sara Schmitt Dan is my 25001bs, 15 year old, Belgian Draft Horse. Dan and I got invited to 4H Farm Days at the fairgrounds so I hitched him up in all his finest logging attire and let all the elementary classes from the entire county come by and admire him. He stood at attention all day watching the tractors pull the hay wagon with children on it. I really think he wanted to be doing the pulling. There he was, in his work outfit, watching a John Deere do his job. How humiliating! Suzi Axtetl We were on level ground with a cool evening and I really think the horse was enjoying himself. The horse can pull more than 4 times his weight and often I have been tempted to unhitch and pull it around the block myself to show how light and easy it is. Joe Watkins ~re~ ~+rtrrrQ9es 1 ~`r C ''~. ~ ~ 1 . " 1ii~. `' '~`~ '~`_I .. ~. .r .r ', f~ ~:~~. ~~~ ~~ ~~ ~~ b MEMORA1vDUrn~ TO: MAYOR AND CITY COMMISSIONERS ~. FROM: RICHARD C. HASKO, P.E., ENVIRONMENTAL SERVICES DIRECTOR ~, THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: OCTOBER i0, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF OCTOBER 16.2007 SWIM & TENNIS CLUB WEST PARKING LOT RECONSTRUCTION ITEM BEFORE COMMISSION Consider a staff recommendation to reject all bids for the reconstruction of the west parking lot at the Delray Swim & Tennis Club and readvertise the project for competitive bids. BACKGROUND Competitive bids for reconstruction of the west parking lot at the Swim & Tennis Club were opened on September 6, 2007. Submittals were received from AlI-Rite Paving Contractors, Palm Beach Building Group, Inc, and Rosso Paving and Drainage, Inc. (bid tab attached) with All-Rite Paving submitting the lowest bid of $135,804.50. Initial review of the bid packages reflected that the low bidder did not acknowledge receipt of Addendum #1 (copy attached). Research indicated that Addendum #1 was distributed to alI attendees at the mandatory pre-bid meeting, that the low bidder was present at the meeting, and, thus, had received the addendum. On that basis, staff forwazded a recommendation to Commission to waive the irregularity of the missing acknowledgement and award the bid to All-Rite Paving as the low bidder. Commission action was deferred at the October 2, 2007 meeting and Commission requested that they be provided copies of Addendum #i when the item was once again brought forward. In preparing the additional materials for Commission consideration, a more detailed review of the bid packages was conducted. As a result, staff discovered inconsistencies in the bid documents. It was noted that revised proposal sheets were distributed to attendees at the prebid meeting with a minor quantity change relative to the 1" Overlay item, and a unit change in a Sod line item from "pallets" to "squaze feet". Of the three bids received, only the package from Palm Beach Building Group reflected the revised proposal sheets. In verifying the accuracy of the proposal sheets, it was noted that the description for the Sod line item stated "pallets" while the unit stated "sfl' or square feet. The measurement and payment section of the specifications for the Sod line item stated a unit of square yards, and referred to the incorrect line item on the proposal sheets. In addition, the unit for i" Overlay on the proposal sheets was expressed as square yards, but the measurement and payment section of the specifications expressed the bid unit as tons. Finally, the specified construction schedule for the project (60 days total) did not provide adequate lead time far ordering and delivery of parking lot lighting components. Based on the stated inconsistencies in the bid documents, staff is recommending rejection of all bids. Not Applicable. RECOMMENDATION Staffrecommends rejection of all bids received and authorization for staff to readvertise the project for competitive bids. q.C F O t~ P. o H ~ ~ o ~ N ~ H ~z~° ~'~Lj+ Cq W ,~~Qr E"' Fly Q 3 0 O 0 O 0 O 0 b 0 0 0 0 0 O 0 o 0 0 0 0 0 0 pp 0 O 0 O 0 O 0 O 0 S O O ~ O O • $ O M N n O O ~q N O ~ e 1 b h 0 O 0 O 0 O 0 O 0 N h I%, 0 C S C S C b ~ m C O 00 ~ O m C N o O o O O M $ O O S N n g g ' yt "i p N S aOD W O tMO abl p C O N ~ ema O S ° p .l. W m N n ~ v m Y1 h M N .r h O N m b N f O ~ fb V O V' m y N Vhi vyi ~ NI N O K n N N N Y m N O~ n N C M b N h M N ~ N H N rN N N N N N Vl y N N N N N N N N H V C ~ Y q o $ o » °o $ °o ~ °o o » °o °o °o n o °o g o ° n ~ n lbv tN. °o o » ~ °o O p C p O O b f .r N o O n /V r N , m N m {~ N , ~ n N N N C (y N C O b G pp O C O b P7 N a ~ , O O m O y d ~ O S ~Ipp M- G r H QQ~~ i- C N l"> r N C N off m N S M b ~ h b N 0 (p~~ y O N M r b h pp H ++~I~ N mm N M N r n ~ N M Q~ Q ~ p~ 11 N ~ ( ~ ~ t m m ~ r- ~ r < ~ 0 0 0 0 0 0 0 b 0 O 0 O 0 O 0 O 0 O 0 0 0 0 0 0 0 0 0 O 0 O 0 O 0 O o D e a? S g o 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 O 0 O o O m e pp 1(j o o r g 0 $ 0 A n e C o b C m b o v O c + a0 8 fC S ~ C m N $ b $ O g D o e r gi 0 g f0 o N $ 8 O S e ~ M r r r d m m C n N Oi n i7 vi m of o o C o ~O C m O ~ri m ~ o o ~O e .7 S oD N m N m N r w 07 H m N N N M N N N N qq N OD N N N p ~ ~ N y ~V ~ ' M Yl A N N N N N N N M N N N N ~ y ~ N K Y •"! p^ L ~ 0 O 0 O 0 O 0 YI 0 O 0 O S 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O S 0 o 0 0 0 0 0 0 0 0 0 b 7 0 O 0 S 0 S PI O » N /V r lV m H fD N V N 0 0 0 0 0 0 01 N pp O O O O "' N p O n N r N (V N O M w N O O S O N ~ N pp W O m ~7 ~ V N H N N N N N N N mm N 0 N 0 N Oa M ~ ~ dJ N ~ N N t7 N ~ ~ N 4 D ~' N ma ( m Pi { y F ~ m G y c r ~ ~ ~ m S a S $ g g g 8 8 S S S S S S g 8 3 $ 8 $ S 8 8 $ $ S S S S S o s g~ O O h O O N O O b n m O 0 O O ~* M n C m ~ O 0 O O 0 m C 0 0 O b 0] O O b Q O b S I A O m n O p $ S fp O r N ~ Q „ N Q `~j N v1 ~p N Yf O b O O ~ N m N m M mm N C Ol M N O r m N O lq M ~O N b N O r ~ O m O M b H N (I~~I N qq N ~ H {{pp N N I/I N I~ N M H N ~ N ~ ~ N N ~ N ~ M y h y ~ K y .M-I ` ii » U •, o a o ~ o » S S .g S ~ 8 8 $ 8 8 8 $ $ S S S S 8 S S 8 $ $ $ Qy 0 0 N o 0 b o 0 b N N O S ~o N ai N c N N m N wi r N o O N o O N o O m m N a O O o O m a N a r' pp o ui N vi N .li N ~o N ((pp N f(pp Y! C M C b b n o M N b n Y Kj ~ ~ ~ H N N N N l V N N K ~ N ~ b N ~X ( M W W N m .~. ~ ~ ~ L' y~ W F m m ~ ~ ~ V O pp O pp O S pp O pp p pp O pp 0 0 0 0 0 pp 0 0 vei S pp O S e S S p O pp O pp O pp O pp C pp O pp O p S pp O pp O pp O p S pp Q ~ ±U±yy y pcp O p vOt 8Q O 0 d 8 0 0 awe 0 r o ~-i po N c S c m ° O ° O o N v~ ~ O M o N vi N O ~ b m r ~ o e O ri N m m o Ymf o O c h ui W .= m o ~ '~ h ~ 01 Il. h H m N n N n m R .h. e+ ~ N ~ N VN9 e p N ~ N A y N N ~ p a0 e 00 A y M e• p fl! N N ~j Iy N wN. ..y V t N N N y N N N N N N N N y N Z E" h ' ~ g g g $ g h g g g g g ~ g h g g g $ $ $ » $ g °o °o ga °o, °o, o O W ~ ~ p 0 O p 0 h p 0 O ~ O O h N O~ N t+f .-~ N y~ N „ N G y N O O O O ~ S O S H o .-• N S O O vi N -+ ..~ N O ..n N -~ r. N -+ r N C ... N pp O M C O ~ of h H m ~ H p S y ~y y I , J N H h ~ H N ~ N f A r 7 y 7 .r h r ~ ^ ~ 0 h P ~'~1 b a F O o ae m N N v N n O .. O O N N ~ h O 0 0 N O b N F O f d (~+ y ~ .] N ..7 y ..7 ty r] y ..1 del H H H VrJ q .-I y ..7 d LN t (y Vbl .] .] .] .] b < L[~ tit a tr7 tr~7 Q C~ ~ W ~ j. U ti 7 Vr yry .sl W Q O ~~j+ y ~ ~ 4 ~ b ~ ~ N p G~ ~ M ~ V raj ~ W ~ ~ ~~/J H r `' v ~ N -+ ,T, G ~ i . ~ ~ ~ o ~ S ~ ~ 0. y ~ ~ 3 ._ W ~ ~ ~ 5 ~ ~ ~ $ •' ~ ~ ~ ~ g m G ~ ~ ~ Z$ C4 a `-~ S ao = = r ~ in .°, » .. .3 u°. V [] C5 C7 ~ a ~ rFi~ O W N In Q h ~O h m g O ~+ N Hf f _ ~G h OD O. O N ^ N N N M N 7 N h N b N h N b N O~ N O KI z a 0 LIN70N 0 LVO ~y 7 s IAVER'S S F~ 0 O a ~ +r[ YAILARD DRIYE "~ FERON DRIOE ~ ~ U Q SxJllllw R0~0 T T CRY Of DB_RAY BEACH TFE DELRAY SWIM !~ DA1~'-0~" ~qL pF3'AE~11~ff TENN S CENTER WEST PARKING LOT u» arrsovmw~rtaw,wl>,~osav-r~or~laAla-ar~ LOCATION MAP 20DB-011 ~~ ~ ~~~- 1~y g ~d - ~~'~ ~ /~~ Proposal of ~ l~~ • ~ 1~-e ~ Q V v ~! {Contractor) {Address) to furnish and deliver all materials and to do and perform alt work in accordance with the ConfractDocuments-for the Project entitled: DELRAY SWIM AND TENNIS CENTER (WEST PARIUNG LOT) City of Delray Beach Project No. 2006-011 RE BID No. 2007-52• To:. Purchasing Officer City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is-accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete al! Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid wilt remain open for sixty {60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within frfteen days after the date of OWNER'S Notice of Tentative Award. if Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contract Documents and of the foNowing addenda: Number Date Number Date ~- ~ / G receipt of all of which is hereby acknowledged and also copies_of the Advertisement for Bids and the Instructions to Bidders; ~. ~~.L. ~~ 33~b P-1 PROPOSAL Proposal of ~ ~ m 1'~eaCh Gtr~~cp, mac. (Contractor) Sass 3 ~ i~b~-c. (~.. Palm spry nc~ , ~'-t . 33 ~I ~1 (Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: DELRAY SWIM AND TENNlS CENTER (WEST PARKING LOT) City of Delray Beach Project No. 2006-011 RE-BID No. 2007-52. To: ~ Punthasi~g Officer City of Delray Beach, Forida 100 NW 1st Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, ff this Bid is accepted, to enter into an Agreement wfth the CITY in the form included in the Contract Documents to complete elf Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty {60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fiPoeen days after the date of OWNER'S Notice of Tentative Award. H Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. 3. In submitting this Bid, Bidder represents, as more fully Set #orth in the Agreement, that: a. Bidder has examined copies of all the Contract Docx,ments and of the following addenda: Number Date -~ ~ 8'Ir~la~ ~' ~ Zc i+~~-- Number Date receipt of all of which is hereby acknowledged and also copies,of the Advertisement for Bids and the Instructions to Bidders; P-1 PROPOSAL Proposal of r, {Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contrail Dor~ments for the Project $ntitled: DELRAY SWIM AND TENNIS CENTER (WEST PARKING LOT) City of Delray Beach Project No. 2006-011 RE-iBID No. 2007-52~ To: Purchasing Officer CIty of Delrey Beach, Florida 900 NW 1st Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. Bidder accepts ail of the terms and condfions of the Instrucctions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty {60} days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain th~ bid security which shall be fot#eited as liquidated damages. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contract Documerrts and of the foAowing addenda: Number. Date Number Date receipt of ail of which is hereby acknowledged and also copies of the Advertisement for Bids and the Enstructions to Bidders; P-1 AGENDA ITEM NUMBER: ` `~ Date: October 10, 2007 Request to be placed on: Consent Agenda X Regular Agenda Workshop Agenda When: October 16, 2007 Staff requests Commission reject ail bids received on September 6, 2Q07 for the reconstruction of the west parking lot at the Delray Swim & Tennis Club and authorize staff to readvertise the project for competitive bids. In preparing supplemental materials for Commission consideration of a bid award for this project, staff discovered various inconsistencies in the bid documents which could potentially result in confusion among bidders as well as issues regarding contractor payments during project administration. ORDINANCEJRESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO X Recommendation: Staff recommend coon of all bids and i ~ Department Head Signature: Determination of Consistency with Comprehensive Plan: of the project. l~~fVr~ City Attorney RevlewlRecommendation (N applicable): Budget Director Rsvlew (required on all Items involving expenditure of funds): Funding available: Yes X Funding alternatives (if applicable): Account Number. Account Description: Account Balance: City Allanager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Action: AGENDA REQUEST No /~ No Approved: P.O. # Disapproved: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~ f DATE: OCTOBER 12, 2007 SUBJECT: APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Dekay Beach Housing Authority. BACKGROUND The term for Mr. Gary Rosen will expire on October 27, 2007. Mr. Rosen has served one (1) full term and would not like to be considered for reappointment. This creates a vacancy for a regular member to serve a four (4) year term ending October 27, 2011. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Ms. Christel Silver. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Mayor Ellis (Seat #5) for one (1) regulax member to serve a four (4) year term ending October 27, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to the Delray Beach Housing Authority for a four (4) year term ending October 27, 2011. DELRAY BEACH HOUSING AUTHORITY EXHIBIT ~~A" Edward Desmond (currently serving on the Public Employees Relations Commission) Joe Farkas Gerald Franciosa (also applying for the Neighborhood Advisory Council) Irene Frazier Philip Friedman (currently serving on the Nuisance Abatement Board) Gaston Joseph (currendy serving on the Neighborhood Advisory Council) Pearl Markfield Elrod (also applying for the Neighborhood Advisory Council) Christel Silver Alan Weitz Phyllis Willingham (also applying for the Neighborhood Advisory Council) DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 770 SW 120' Terrace Delray Beach, FL 33444 07/07 PERM EXPIRES REGULAR MEMBERS TELEPHONE 07/14/2008 Joseph Bernadel, Chair Home: 883-5465 Unexpired Term 07!16/02 Toussaint L'Ouverture High School Office: 243-3136 t ~ 14610 Military Trail Delray Beach, FL 33444 07/14/2010 Alfred Etienne Office: 498-0500 unexpired Tenn 03/02/99 311 Sterling Avenue Home: 637-0387 Reappto7/o2/oz Reappto7/tt/ob Delray Beach, Florida 33444 07/14/2010 Sylvia Morris Office: 272-5866 unexp nppc o7/to/o7 414 NE 12°i Avenue Home: 731-4963 Boynton Beach, FL 33435 Cell: 704-6055 07/14/2009 Angela D. Randolph Office: 276-2889 nppt o7/2a/o~ 1323 Prospect St. Home: 279-0377 Reappt 06/21/05 Delray Beach, FL 33444 10/27/2007 Gary Rosen Office: 266-9669 Unexp Appt 07/22/03 817 Northwest Second Avenue Home: 330-0099 Reappt 11/04/03 Delray Beach, FL 33444 Cell: 251-1065 03/06/2010 Morris L. Weinman Home: 498-4948 Unexpired Tenn 03/oG/Ol 13850 Via Tivoli Reappt02/05/02 Reapptoz/2t/o~ Delray Beach, FL 33446 07/14/2010 Thuy Shutt (Twee) Office: 536-1042 nppco7/l~/06 102 NE 12°i Street Home: 265-1086 Deka Beach, FL 33444 Cell: 665-0145 Director: Dorothy Ellington Contact: Nina Levina/Jackie 272-6766 X-18 nlevineQdbha.org Housing Authority 278-4937 Fax 272-7352 S/City Clerk/Board 07/Defray Beach Housing AlhAmeripCiiy i r 1993 2001 CITY OF DELRAY BEACH ~GE1v~D R BOARD MEMBER APPLICATION ~~~ ~ 3 2001 ~~TY Please type or print the following information: 1. Last Name: ~~ m ~ ~ ~ Name r ~ ~ N d M.I. C. 2. Home Ad ress: ~ ah~G a ~ ~!~ 3. Legal Residence: i7e Ci n lHat, crime City State 1~,C State Zip Code 33y~`f Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: 3~!"~9~-53 93 Business Phone: E-Mail Address: C~'~FCD`~~ol Cell Phone: - ~ ZZ Fax: 6. Date of Birth 7. Are you a registered voter? If so, where are you registered? 8. What Board(s) are you interested in serving? Please list in order of preference: ~av 1.n A~ o 9. List all City B ds on which you are currently se in or h ve previo ly served: (Please include dates) ~b ~" ee e i' ~~»~ Asia 10. Educational qualifications: t~1~s e Sew ~Qc~~ 11. List any related professional certifications and licenses which you hold: le See ~7`'a~ ~i 12. Give your present, or most recent employer, and position: ~/~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~li°tS,e ~~t ~~4C 4 e~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this applicatio may cause forfeiture upon my part of any appointment I may receive. . ~~r s~ ~~ - " 6 7 SI NATURE DATE C1.EaK /~~3 U 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. EDWARD C. DESMOND 5473 Grande Palm Circle Delray Beach, Florida 33484 (561) 496-5393 PROFESSIONAL EXPERIENCE 1999 -Present CARDINAL FURNITURE, L.L.C., Delray Beach, Florida Owner 1.996 - .1998 C.T.P. FURNITURE, Stratford, Connecticut Vice President -School Division 1989 - 1995 DMS ASSOCIATES,. Fairfield County, Connecticut Management Service Consultant 1987 - 1989 TOWN OF WILTON, Connecticut First Selectman (Elected Office) 1977 - 1983 WILTON PUBLIC SCHOOLS, Wilton, Connecticut Director of Management Services 1972 - 1977 WESTPORT SCHOOLS, Westport, Connecticut Comptroller 1965 - 1972 DANBURY PUBLIC SCHOOLS, Danbury, Connecticut Assistant to Superintendent for Business/Finance 1964 - 1965 SOUTH SCHOOL, New Canaan, Connecticut Teacher PLYMOUTH STATE COLLEGE, Plymouth, New Hampshire 1959 - 1960 Principal of K-8 Laboratory School, and Director of Student Teaching 1957 - 1959 Supervising Teacher 1955 - 1957 CONWAY ELEMENTARY SCHOOL, Conway, New Hampshire Principal 1954 - 1955 PINE TREE SCHOOL, Center Conway, New Hampshire Teaching Principal OTHER EXPERIENCE 1983 -1986 Small Business Owner Westport, Connecticut 1972 -1977 FAIRFIELD UNIVERSITY, Fairfield, Connecticut Teacher of Graduate Courses in Negotiations UNIVERSITY OF BRIDGEPORT, Bridgeport, Connecticut Teacher of Graduate Courses in Finance 1960 -1964. Owner-Real EstatelConstruction Business Plymouth, New Hampshire Park Commissioner (Elected Office) Plymouth, New Hampshire Precinct Commissioner (Elected Office) Plymouth, New Hampshire Alternative Representative to House of Representatives Plymouth, New Hampshire EDUCATION 1970 -1972 National Association of School Executives 1966 - 1968 University of Bridgeport, C.A.G.S. 1956 -1958 Boston University, M.Ed. 1950 -1954 Plymouth State College, B.S. PROFESSIONAL AFFILIATIONS • Connecticut Association of School Business Officials President-Elect 1'972-73 /President 1973-74 • Connecticut- Association of Superintendents • Conway Teacher Association President 1955-56 • Danbury Association of School Business Officials President 1970-71 / 1978-80 • National Association of School Business Officials • Phi Delta Kappa Vice President -Bridgeport Chapter 1972-73 • National School Supply and Equipment Association • Boca Raton Chamber of Commerce • Delray Beach Chamber of Commerce • "Council of 100 Club" • Public Employees Relations Commission, Delray Beach 2002 • Palm Beach County Republican Executive Committee 2002 e ~ o • . e ,w.ame~~efer 1„ Y BEACH R~GE~~~D ~ r CITY OAF DE RA ~ 2007 BOARD MEMBER APPLICATiO1~bC~ ~ 1993 G~~Y cE'~~~ 2001 / r~ i)le,.e~ .~.,.-.o l,. ,..;,,r r1,A Fnllnminrr infnrmatinn~ / Q/c/% 1. v Last Name: Farkas Fitst Name Joe 2. Home Address: 767 NW 37~` Avg City Delray Beach State FL Zip Code 13445 i. Legal Residence: Same as above City State Zip Code 4. Pnnapal Business Address: 4920 W. Atlantic Ave City Delray Beach State FL Zip Code 33445 5_ 6. Home Phone: 561 4994578 Business Phone: 56'1 495 2770 E-Mail Address: JFARhAS@Peninsula Bank.com Cell Phone: 561 271 7651 Fax: 561 495 9844 7. 8_ Date of Bush 1-25-1960 9. Are you a registered voter? If so, where are you registered? 10. Palm beach County Yes 11. What Board(s) ate you interested in serving? Please list uh order of preference: 12. CRA, Historic preservation, Atlantic corridor growth ~~ t ~~ '~' 13. 14. list all City Boards on which you are currently serving or have. previously Served: (Please include dates) CRA of Dekay 1996, Lantana Chamber of Commerce(Present) 15. 1'=.ducarional quali5cations: Bachelor of Business r'~dmitusrration 16. List any related professional certifications and licenses which you hold: Series 6 License 17. Give your present, or most recent employer, and position: Peninsula Bank Branch Manager 18_ Descube experiences, slaps or knowledge which qualify you to serve on this board: (Please attach a brief resumr) 19. 23 yeazs of bong involved in the community, 18 years liavuig the privilege of living ih Delray BEACH. 20. My career in Banking has been for over 21 years working as a Manager and Loan officec_ During that time I have supervised employees, worked on Business Development and thoroughly enjoyed the opportunity of working with the public and serving their various needs. I hereby certify that the aUove statements arc true, and I agree and under€tand that any misstatement of material facts contained in this ap cation may cause forfeiture upon my put of any appointment I may receive. 10-40G D 3TL • ~., r _i_ _ ~_~_ Note: This application will Icmaln on rue lil the l_lty l.lel:K s vtnce for a pcuvu ~~~ L ycni~ uvai. u~~- ~.~+« .~ _ 4~ Submitted. It will he the applicant's responsibility to ensure that a cuaent application is on file. TOTHL F' . ~-~? May-16-05 05:19pm From-WASHINGTON MUTUAL +5616898506 T-182 P-U3/~3 F-8~9 JaIE J. PARKAS - 7 37 Northwest 37th Avenue Delray Beach, Florida 33445 (561) 499-4678 Cell: (561) 271-7651 OBJECTIVE :: eeking Management position with growth oriented organization where my skills and Experience can be utilizEd- SUMMARY OF QUAD FICATIONS Professional offennu exceptional managerial, organizational and motivational experience in finance industry Proficient in coordination and implementatic-n of multi task responsibilities Excellent communic.3tion and public relation skills with strong emphasis on customer satisfaction F'OSSOSS nlgh wOnC einlc wlUi ver~duUly a~iV Nc~xveranca Experience in traininc. and motivating sales and service representatives Continuously exceed: goals ~• Productive in effective; time management to ensure schedules are met ~• Effective team player and proven troublesh~~oter EXPERIENCE 11100 -Present `,vASHINGTON MUTUp.I_ BANK, West Palm 13each_ Florida .asst, Vice President/,cinancia! Center Manager -• Hire, train and motivate staff of 15 to become effective bankers -- Attained mortgage and consumer loan grotivth of 125% to 175% •- Develop and maintain positive business relationships and community contacts ~- Realized 100% goal ~ittainment for the pass: four years 11/92 - 11100 •>MTRUST BANK, Boc~~ Raton, Florida :,oan Officer (3/97 - 1 1100) - Processed loans fror~~ origination to closincl • Produced $19 million in mortgages during one 12-month period - Underwrote and approved authority for equity loans up to $250A00 Branch Manager (6193 - 3/97) - Managed staff of 21 in sales and operations of $500 million branch (largest branch in system nationwide) - Provided high customer service levels emphasizing problem resolution and staff development Loan Oi~cer (11192 - 6193) - Solicited builders, developers and realtors to originate loans - Generated $15 million in mortgage from 1_/92 to 6193 4/85 - 10192 CALIFORNIA FEDERAL. SAVINGS 8~ LOAN Branch Manager - Created customer aiuareness by developing and implementing marketing programs and soliciting outside, business - Branch consistently :achieved over 10Q% cf production golfs Ra~F,Plnr cif Buainess Administration . DELRAY BEACH 1993 2001 ~~c~,~~~ CITY OF DELRAY BEACH V ~L ~, 200fi BOARD MEMBER APPLICATI~ ~~~ CITY ~l. Please type or print the following information: 1. Last Name: ~ ~ ~ro A- Name ~l „/ (,( M. I. 2. Home Address: ~ ~~ ~~ 3. Legal Residence: r City ~~ City Sta~G State Zip Cod Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: ~~a~a Business Phone: ~ E-Mail Address: ~~~;osA ~ Cell Ph e• c ,~ ~~ ~~ Fax: ~s"di-7~ G 6. jDate of Birth C Q 7. Are you a registered voter? E so, where are you registered? /~f'~t 8. What Board(s) are you irate ted in servin ?Please list in order of preference• _ List all City Boards on which y u are curr y serving or have previously served: (Please include dates) 10. Educational qualifications: ~^~ i 1. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: ~"Ti~~D 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~""' ~ ~~ "'-- ~L_ w~~ ~~ Vryut. /~~ I her erti that all the above statements are true, and I agree and understand that an ~ s ment of ma rial facts con ~ ed ~ 's application may cause forfeiture upon my pact of any appointmen may recei e. DATE 7/~h~ f~fis 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. 06/11/07 MON 13:06 FA% 5612433774 CITY CLERK DELRAY BEACH AII-Anlerica[~ly 1993 200, (~j 002 ~~~~~ CITY OF DELRA,Y BEACH ~~~ ~ Q .,.o .~ #~< BOARD MEMBER APR~,ICAT1 ~!~ ~~~~ z Plt~sc type or print the followirl~ information: ~~~/05 1. Last Name: Name ~ ~NE M. L 2 Home Address: . b~a ~ l ~ ~~ Ct S Code 3 Le l R id ~'"C_. 3 . ga es ence: City State Zip Co e 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone_ Fax: ' ~1 ~~~ ~~~s ~~'~~ ~~l ~ a a~ 6. DatE of Sixth 7. Are you a rcgisttrcd votes? If so, where are you registered? .~~31~ 2 8. What Boardfs) arc you interested iii serving? 171ease list ui order of preference: 9. List all City Boards on Rvhich you currently servin r have previously sere ~' lease include dates) e~~~ 10. Educational qualifications: ~ / 71. Eris y xelated professio ertifications and licenses which you hold: 12. Give your present, or most re nt employ , as position: r 13. IJescribe experiences, skills at knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ . ~ ~ ,~,~ L I hereby certify that all the above shtements are true, and T agree and understand that any misstatement of material facts contained in this application map cause forfeiture upon my part of any appointment I ~mgay~recei c. °~ d SIGNATUI~ DA \T -,.~ - - • ~~~~-- xiua tiyru~auvu WLt rr_mam prl the lrl i11e t,lty l.lerx'S Utfice for a period of 2 years from the date it was s~_ibz~itted. It will be the applicant's tesponsibzlity to ensure that a cutxent application is on file. ~ CITY OF DELRAY BEACH BOARD. MEMBER APPLICATION X993 :zoos Please type or print the following information: RECEIVED OCi 0 1 2007 y LERK ~J~9~~ 1. L~s~ ~am~ (Z ^ ^ ' 'V ~7~' N e ~ ~ M. I. 2. ome A s: ~ S to Zi Code 3. Legal Residence: Ciry State Zip Code 4. Principal Business Address: City State Zip Code S~~.//- Home Phone: ~.Yo ~~ ~~ ~~~~ Business Phone: E-Mail Address: Cell Phone: Fax: 6. Date of Birth f ~L 3~y lam- 7. Axe you a registered voter? If so, where are you registered? ~' ~ ~ ~ 2 . ~ 8.' What Board(s) are you intereste in serving? Please list in order of preference: r- _ , 9. LisMall City Boards on whjc~y~ re currently s _ g or hav previously served: (Please include dates) ~~ ,, c~/U 10. Educational qualifi lions: ~~ ~ . ~ ,~ S~,~ ~ / i~ 11. List any related professional certifications and licenses which you hold: 12. Give your p esent, or most recent e ployer, and position: - ~ ~~s r ~~ ~ -~ ~~~ C ~ ~-ti ~~ 1 escribe experiences, s - s or knowledge ualify you t erne on ~ board: (Please a~ toy~ a brief resume) ~~ S- M r~ f C ~ ,19-u ~'f .PCc~~vey~ C ~ ~ I ~~ ~ ~ S ~-/a- ~-P ~ !LJ2 -~ I hereby certify tha the above statements are true, and I agree and understand that any misstatement of material facts con din this a cation may se forfeiture upon my part of any appointment I may receive ~~ G SI ATCJRE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. sit -~?~ -aa-~~ ~~~~b ~ ~~ y ~~ c< <~ ~~ _~ n ~.I~L L'?~e1z ~ en~c~ ~~ cal~~N HtLKAY BEACH . a ~ o acac~ty ~,~~® 1993 2001 ~C~.G~~ V ~L..J CITY OF DELRAY BEACH APR 1 Q 2001 BOARD MEMBER APPLICAT101~~~~~ ~~~P ~'~/ Please type or print the following. information: y/% 1. Last Name: ~ ~~1~ , / /~ Name ~ AS iD~ ivL . 2. Home Address: ,~ 3~ ~~ ~3 ~E City ~ ~L~,9 ,3~~~~ State . ~~ Zi Code ~~~~ 3. Legal Residence: ~,~Itlc ty State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: .~l- ~~-/~ ~ Business Phone: ~/- 9~,~~~ ~8 E-Mail Address: ~JQS ~7 ~/~~ Cell Phone: ~f X03 ~~~~ Fax: ~ ~ y~~ /a~~ 6. Date of Birth n~ ~~ f 6 ~o %r 7. Are you a registered voter? If so, where are you registered? 0 8. What Board(s) are you interested in serving? Please list in order of reference: ,,~~ ~ DIL ~ • /v'U iZ ©u•rl~l~ ~ ~ ~ ~~ ~ f fdZr i N ~ u%/~i2r ~"y ~ ~~ ~--uc-~~~ iD~r/~~~ _ 9. List all Caty B arils on whi yoch u are currently serving or have previously served {Please include dates N~ 10. Educational qualifications: ,~ ~ t ~.-~/11~~s ~ ~,~ . ~-Cv yr ,y CS 11. List any related professional certifications and licenses which you hold: /lIUJ~.~" ~~ ~G 12. Give your present, or most recent employer, and position: _ S ~ ~ J ©~3 ~ C~~ ~o1J D~ ~ ~J'A ~i9-lr~ ~'f1~~i 13. Describe experiences, skills or knowledge which qualifyyou 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 app ~ca~ n ma cause forfeiture upon my part of any appointment I may receive. G~ SIGNA DATE Note: This application will remain on file in the City Clerl~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. GASTON G. JOSEPH 636 NW 53~ Ave. Delray Beach, FL 33445. (561) 498-1092. Gjos67ep~yahoo. com A talented Business professional with extensive sales and customer service experience SUMMARY OF QUALIFICATIONS • Able to learn and apply quickly and effectively • Hard working, detail oriented, able to multi-task • Extensive customer service background • Excellent communication and presentation skills PROFESSIONAL EXPERIENCE • Prudential Financial, Boca Raton, FL March 2007- Present Financial Service Associate • Propose insurance and investment products most suitable to customers' needs. • Prospect for clients, develop insurance and investment program and make sales presentation. Fidelity Federal Bank & Trust, W.P.B.,FI, May 2004- January 2007 Financial Service Representative II • Service new and existing accounts • Originate and close consumer loans • Consistently achieve or exceed all sales quotas each year • Represent the Bank to customers in a courteous and professional manner • Provide prompt, efficient and accurate service in the processing of transactions • Perform all Teller functions as well as other duties requiring additional knowledge and experience Palm Beach School Board,. W.P.B., FL August 2002- May 2004 Community Language Facilitator • Assisted teachers and administrators in fulfilling ESOL program goals and requirements • Maintained a directory of referral services for the target population • Participated in developing strategies to increase academic achievement for students of the target population • Participated in ESOL Staff development activities • Served as an advocate for students and parents of the target population • Served as an interpreter in school communications with parents, students and community members Rent Free Realtyf Boca Raton, Fl May 2001-October 2004 Sales Agent • Assisted customer in leasing, buying and selling of real property • Performed comparative market analysis for customers • Performed customer service Switch Access Communication, Inc. Boynton Beach, FL March 2001- January 2002 Assistant Manager • Performed staff orientation and training, assisted with scheduling and supervising staff • Responsible for administrative functions such as filing, data entry and visitors relations • Monitored progress and assisted with accomplishment of daily objectives • Performed customer service EDUCATION FLORIDA ATLANTIC UNNERSTTY, Boca Raton, FL (2003) B.S. in Business, Major: Economics. FACULTE DES SCIENCES 1E[IUMAINES, Port-Au- Prince, Haiti (1994) B.A, in Liberal Arts, Major: Sociology FSA Job Description Position Summary The Financial Service Associate (FSA) position is a sales position with The Prudential Insurance Company of America selling insurance and financial services. FSA's participate in a 2 year development program, developing product knowledge, and selling experience while offering appropriate insurance and investment products to help clients meet their financial goals. After the 2-year program, many will continue to be financial services generalists, assisting clients with a range of insurance and investment needs; others will go on to develop a specialty, such as fee-based financial planning, insurance for business needs, or estate planning needs. Overall Duties and Responsibilities • Sell new insurance and investment products • Solicit new customers through approved techniques and methods • Conserve existing insurance and investments products • Service the insurance and investment needs of all owners of policies issued or offered by Prudential Financial companies. Essential Job Functions It is important that Financial Service Associates be capable of mastering the complexities of the job, continually teaming new products, information, and approaches. As our representative, the FSA must have a full understanding of all our products and be able to recommend to customers the appropriate solutions that are in the best interest of the customer. The end result of the FSA's work is to develop long-term relationships between us and the policyholder that will impact the personal welfare of many people. The FSA's general duties include the responsibility to: A. Prospect for clients, develop insurance and investment programs and make sales presentations regularly for a broad range of life and noMife insurance contracts and financial products and services sold by Prudential Finanaal companies. B. Propose insurance and investment products most suitable to the applicant's needs and ability to pay. C. Make the necessary adjustments in the policyholder's portfolio in light of changes in their needs. Although many transactions are handled by the Customer Service Office, an FSA should understand how to provide services, such as processing. loans, surrenders, changes in beneficiary, claims, policy options, and the like, as well as being able to explain to customers the effect of these transactions. D. Maintain in force the existing insurance and investments products of clients, secure the reinstatement of insurance that has lapsed, and perform a!I the duties incident to the care and conservation of the business assigned by Prudential. This may apply to all policies, whether or not the insurance was originally sold by the FSA. E. Maintain records of account, and render when required, on forms provided by Prudential, a report of aft business transacted and complete accounting of all monies received on behalf of Prudential Financial companies. F. Conform to and abide by the procedures, rules and requirements of Pnrdential Financial companies- and the state or states where the FSA operates. Insurance is issued by The Prudential Insurance Company of America and its affiliates. Securities are offered by Pruco Securities, LLC. Investment advisory services are offered through Prudentia! Financial Planning Services, a division of Pruco Securities, LLC. Each is a Prudential Financial company located in Newark, NJ, and is solely responsible for its respective financial condition and contractual obligations. The Prudential Insurance Company of America is an Equal Opportunity Employer IFS-A081828 ~~ An~rinn•i~l DFI.RAY BEACH S ~ CITY O~ Q~L.RAY BEACH RECEIVE BOARD MEMBER Appl,lCATION ocT n ? 2007 7993 CITY CLERK( zoos Please or ' t the fol1Q information: ,~~ ~~ 1. Last 1~anne: 2 Ho Addr+ess_: 1 ) 3. Legal Resi once: ~~ City State Zip Code 4. Principal Business Address: Cary State Zip Code 5. Hpme Phone: Business Phone: E-Mail Address: Cell Phone- F ~~~ , ~ f%CI~ ~~~ ~ ,°~ T- ~7 bf1~71~ b. Date of Birth 7. Are you a registered voter? If so, where are you registe~neda 8. 11~(hat B (s~ are you iotetested is serv~'ng.> Please ' irs o~q of prefierence- 9. List all GtyBoards on w>uch u are currentt se C ~ ~.~ Yo y ruing or have previouslysecvcd (P4m~ ~~~6~ .~*.~1 l I. List any 12. Give your present, _ ~ !'~? T c~ atio~tc and licenses which you tnpl0yer, and position: i`~z_ l~L~ ~' _, ~~ ~~,_-. _ -T _...-..._,.5,. ,.,:,.~ Y.L,u. yo~o sc~g pn ttns board: (Please attach a brief resume cerufythat all a above state are tn,e, and Z agree and understand chat an ~~ ,n ~ y naisstacement of material facrs "n}' fo my of anyappointmeat I mayreceive- u ~~~ ~ aeon NAT[1RE ~ ~ ~ ' ~ ~ DATE _ :e: 'This application wiU rerr~tin on ile in the ~, C%r}s's Office for a period of 2 years from the date it was subrnnted. Ic will be the applicant's responsibility to ensure that a current applicatipn is on file. RESiJME FOR I3[JNIVY {PEARL) MARI~FII?I,I) EI.ROD llirector of Reasrar~ch Dept. National ~Ennui-er newspaper 14 yrs Realtor Coldwell Banker Real Estate 28 yi•s. Pres. Iti'Ierritt Parlc Elome Owner's Assoc. Pres.:Prol;ressi-ve Residents of T3e'ray )league Of Wome~i Voters, I'BC:, Board Member Member SW/NV~J ttedevelopmen Task Force fi•em inception. Resident Delray Beach over 10 y-s.:Pro3id owner of'a Historic home (built in 1925} which Wt', have kept historically intact aild very much enjoy preserving. Like living wi~zhin walking distance o~ a beautifu3ly developing downtown area. .4s a resident enjoying the s~ene-ts of a lovel~~ city I would like to "give back" to the continued healthy grov~~th of sarnE.. DELRAY BEACH AN-Alneriq 1993 2001 ~~~~ CITY OF DELRAY BEACH~~ ~ ,~~01 BOARD MEMBER APPLICATION 2 ~ _,, ,~ ~~ ~~~~ ~~ Please type or print the following information: ~/.~ ~/~ 1. Last Name: SILVER Name CHRISTEL M.I. 2. Home Address: 278 E CORAL TARCE CIR City DELRAY BEACH State FL Zip-Code 33445 3. Legal Residence: SAME City State Zip Code 4. Principal Business Address: SAME City State Zip Code 5. Home Phone: 561-274-8153 Business Phone: SAME E-Mail Address: chs(asilverhouses.com Cell Phone: 561-929-5799 Fax: 561-243-1390 6. Date of Birth 02/03/1943 7. Are you a registered voter? If so, where are you registered? NO (I am a resident alien, not a citizen yet) 8. What Board(s) are you interested in serving? Please list in order of preference: SOUSING AUTHORI'T'Y 9. List all City Boards on which you are currently serving or have previously served: (Please include dates} N/A 10. Educational qualifications: HIGH SCHOOL AND 2 YEARS COLLEGE 11. List any related professional certifications and licenses which you hold: REAL ESTATE BROKERS LICENSES IN MARYLAND, REAL ESTATE LICENSE IN FLORIDA 12 Give your present, or most recent employer, and position: SELF EMPLOYED AS REALTOR MY LICENSE IS WITH REALTY EXECU'ITVE.S, I AM INCORPORATED AS CHRISTEL SII.VER P.A. 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) SEE ATTACHED seby ce at all the above statements are true, and I agree and understand that any misstatement of material facts stained ' sap~plication stay cause forfeiture upon my part of any appointment I may receive. " ""~ 10,~- JUNE, 14, 2007 SIGNATURE DATE Note_ This application will remain on file in the City Clerk's Office for a period of 2 pears from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. 13. I am in the real estate business since 1985, was a broker in Maryland and Washington DC, and a realtor in Virginia. I also was a certified residential appraiser in Maryland and Washington DC for ten years, having been on the HUD list for their foreclosures appraisals as well as the FHA loans. During my years in Maryland I was the chair person for Equal Housing committees for Montgomery and Frederick Counties of the Realtor Associations, as well as a long standing member of these committees. I also worked for the Interagency Fair Housing Coordinating Group for Montgomery County, Maryland. Since September 2001 I am living in Delray Beach and have been a graduate of the City's Residence Academy, as well as the Chamber of Commerce Leadership Program. Fulfilling the American Dream for many First Time buyers is my great concern. I have specialized in helping these first time buyers over the years. Earlier this year I completed a Florida Housing Finance Corporation seminar about Affordable Housing. Besides my volunteer activities as a Realtor (I am the Secretary for the CRS Florida Chapter, a Director for the Realtors Association of the Palm Beaches for the Florida Association of Realtors, and will chair the International Business Committee in the local Association this year), I am very active at the Chamber of Commerce in Dekay Beach as an arnbassador and am chairing a leadsgroup, and have been the Secretary for the Coral Trace Home C-wners Association for the past three years. Besides being a member of a tennis team for the Delray Beach Tennis Center, I am also a board member of the South Palm Beach County Woman's Tennis Association as the president for one division. ~ti;~ ~„ Christel Silver 278 E Coral Trace Cir Delray Beach, FL 33445 Tel: 561-274-8153 Fax: 561-243-1390 Cell: 561-929-5799 Resume Education: High School Diploma at Sequoia High School Redwood City, California as an Exchange Student from Germany in 1960 High School Diploma at Fritz Karsen Schule in Berlin Germany in 1963 Graduate from Law Academy in Berlin in 1966 Administrator of Justice from 1966-1985 working at the Court Houses in Berlin, Essen, and Essen-Borbeck, Germany Real Estate Schools in Maryland, Washington DC, and Florida Graduate of the City of Delray Beach' Residence Academy in April 2004 Graduate of the Leadership of Delray Beach 2005 Licenses: Associate Broker in Maryland license #81131 since 1985 Realtor in Florida license # SL690952 since 2000 Certified Residential Appraiser in Maryland license# 7102 from 1991unti12004 Notary Public in Maryland from 1986 unti12001 Notary Public in Florida since September 2003 Fair Housing: Member of the Fair Housing Committee at the Montgomery and Frederick Association of Realtors in Maryland 1990-2001 Chairperson for the Fair Housing Committee in Montgomery County Maryland in 1995 Member of the Interagency Fair Housing Coordinating Group in Montgomery County, Maryland 1995-1997 Washington DC HUD Task Force member for Fair Housing Voter status: I am a resident alien. Membership: Greater Delray Beach Chamber of Commerce (Chairperson for 2005 for the Ambassadors and Chairperson for a Leadsgroup since 2005) German American Chamber of Commerce International Business Council of Palm Beach County Association of Realtors Secretary for the Florida CRS Chapter (Certified Residential Specialist) Elected Secretary for the Board of the Coral Trace HOA ` ~ ~ ~ January 31, 2006 Christel Silver Date DELRAY BEACH \V~~~ ~~`~ ` `~ ~ ~ \" V ~~~\` `~~. ~~` CITY OF DELRAY BEACH ~ ~~ ~ ~ Q BOARD MEMBER APPLICAT101~ ~ ~ ~ ~ ~~~ ~-~ ~ 993 Zoo, aP~ ~ ~ -Zoos Please type or p{lnt ghe following information: f+Q`r'es ~~ ~'~ 1. Last Name: ,~ ~ ,,.~ Name j l_._ s• Ci to 3. Residen e: City State Zip Code 4. Principal B ess Address: City -State Zip Code 5. om Phone: Business Phone: E- ail Ad es : Pone: (~, ag: 6. Are you a registered voter? If so, where are you registers at (s) o in r red in g? lea \ r er en~~-J ,~ ~ ` , 8. 'st City Boaxds on which you are currently serving or have previously served: (Please include dates 9. tioiyalificati ' ~ \ 10. List any relate essional certifications and licenses which you hold: i i. Give your pres r most recent employer, and position: 12. a experiences skills knowledge which qualify you to serve on this board: (Please attach a brief resume) S I hereby that all the above statements are true, and I agree and understand at misstatement of material facts contained ' pplication may cause forfeiture upon my part of any appoin en roc e. SIGNATURE DATE ,v Note: This application will remain on file in the City Clerk's Office for a period of 2 pears from the date it was submitted It will be the applicant's responsibility to ensure that a current application is on file. SICCIYCLERKIBOARD4tPP[ICATION ALAN J, WEITZ 6312 Via Venetia North Delray Beach, FL 33484 561-49&2282 Home 561-654-1006 Cell RESUME After a successful career in investment banking with a Wall Street firm and mortgage lending with a New York bank, I was appointed by a US district judge to become trustee of a publicly owned company which was in bankruptcy. `The company owned a bank, two life insurance companies, a land development company, a building company and a mortgage banking company. Under my leadership as trustee, the company emerged from bankruptcy having paid all creditors in full. The SEC declared the reorganization to be the most successful in the history of bankruptcy in the United States. I ended my career as president of a savings bank and president of one of the largest mortgage banking firms in South Florida. I am a certified arbitrator for the NASD, American Arbitration Association and the Better Business Bureau. I served in the US Army as an infantry company commander with the rank of captain. I graduated from Lafayette College with a degree in economics and government. I served on several HOA boards in my former community, Broken Sound of Boca Raton. I have been a full time resident of South Florida for 14 years. DEUf~4Y BEACH ~~~~I ~~ ~ CITY OF DELRAY BEAC~~ Z~~~ 1 f peR ~4 ~~ ® BOARD MEMBER APPLICATION GCE 1993 G`~~ .2001 q Please type or print the EollowinB information: ~~! / 5 . 1. Las Nam • me ~ ~ M L - - 2. Home ddress: City State Zip Code S ~' ~ el L. 3 .4 3. Legal Residence: `~ City State Zip Code ~ S Co 15 ~ 6 FL ~~ 4. Principal Business Address: Ci t y State Zip Code ff ~~ 5. Home Phone: usiness Phone: E-Mail Address: Cell Phone: Fax: -Z b 55 37 OSlS 6. Date of Birth 7. Are you a registered voter? IE so, where are you .registered? -3-5 ~~~-PBS 8. _ What Board(s), are you interested in serving? Please list in order o ,~eference• . ~ i ~ _ So r5 :, ._. ~ ids ana ~ s ~- ~ e~ ft 5..Y~-tea.. _ ~ ~ - 9. list all City Boards on which y~ are. currently se4~ding or have previously served: (Please in, ude dates) . 10. Educational qualifications:' ~. , ~ a 7 SI t ~ 11. List any related rofessional ce 6cations and licenses whit ou hold: 12. Give. your present, or most recent employer, and position: ~-~a-e ~'L -- be f o E'duc~a.~~on ~ ~J~ Y o 1~ a. 'o ( e ' i 13. Describe experiences, skills or kn o wledge which qualify you to serve on this boar d : (Please attach a b rief resume) _ _ 1 _ f / ~ ~ 'e ~ ~ ~ L.tr Y~ t ~^ ~.C, 2~ 1 I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this ap ~ don may cause forfeiture upon my part of any appointment I may receive. ~ ~ O SIGNATURE DATE >~i Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. PHYLLIS WILLIN~~-IAM- 714 SW 6 Avenue Residence:. 5.6.1.71.6.5.153 Delray Beach, FL 33444 Email: PEWillingham a~aol.com OBJECTIVE. Counseling Coach or position extending my academic background for my Master's of Science degree. BACKOBOUND ~ITMMA~ X Detailed-oriented, Records Management Professional with extensive experience in the Workers' Compensation industry. Diversified leader with the proven ability to access, evaluate, and make decisions pertaining to records retention and storage. Hands-on recordkeeping knowledge apd experience in developing and implementing scanning and imaging. system in Records and Information department. Actively coached and developed staff with a proven ability to transfer job knowledge and skills to all levels. Wrote and published departmental procedure manual. Currently in the process of transitioningprofessional careerpath to Counseling/Psychology. EBOEESSIONAI~ ~XPERIENCE_ DIVISION of VOCATIONAL REHABILITATION, Delray Beach, FL 2005 -Present Yacatianal Rehabilitatian ~nunse[ar • Counsel mental/physical impaired individuals to provide vocational rehabilitation services • Interview and evaluate mentaUphysical impaired applicants • Confer with medical and professional personnel to determine type and degree of impairment, eligibility for services, and feasibility of vocational rehabilitation • Accept or recommend acceptance of suitable applicant • Determine suitable job or business consistent with applicant's desires, aptitudes, and physical, mental, and emotional limitations • Plan and arrange for applicant to study or train for1ob • Assist applicant withpersonal adjustment throughout rehabilitationprocess • -Aid applicant in obtaining. medical and social services during training and afterplacement NCCI, Boca Raton, FL 1987 - 2004 (National Council on Compensation Insurance Holding, Inc.) Administrative~ssistant II • Administrator for electronic off-site storage system • Managed and published information/news articles as requested using. online news service • Provided research and analysis to seven corporate lawyers • Prepared and maintained weekly departmental reports • Responsible forprogram administration of the records retention schedules K-MART CORPORATTON, Delray Beach, FL 1981-1986 Layaway Clerk Leader • Supervised and evaluated apart-time staff of four • Processed Account Payable/Receivable • Processed customer orders using electronic layaway payment plan • Successfully resolved customer problems and complaints SOUTHERN BELL, Delray Beach, FL 1978 -1981 Long Distance Operator • Answered inbound calls and responded to inquiries • Interfaced with external customers and provided quality service • Assisted customers with placing. national and international, long. distance calls PROJECT RESCUE, Delray Beach, FL 1975 -1978 C~runselor Aide • Mentored and counseled at-risk youths ages 11 to 15 • Referred youths to community agencies • Modified behavioral problems in school, community, and home • .Documented home- visits _ETl_LiCATTON Master of Science Degree in Counseling Psychology Courses include Foundations of Counseling Skills, Behavioral Research, Individual Human Development, General Counsel Theories and Techniques, Group Theories and Practice, Substance Abuse, Treatment Planning, Diagnosis, Appraisal, Assessment and Testing, and Psychopathology, Marriage Theory and Techniques, Counseling Internship 1. Palm Beach Atlantic University -West Palm Beach, FL Bachelor of Science in Organizational Management with a Concentration in Human Resources Palm Beach Atlantic University -West Palm Beach, FL Graduated.cum laude. SKILLS MS Word MSFxcel_ MS Outlook MS PowerPoint Intsrnei_ Accounts Payable Accountsl~eceivable Data Entry Alpha/Numeric Filing. Brnail_ Ami Pro Adstar_ Lotus Office a Suites Word Perfect Eactiva. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: OCTOBER 12, 2007 SUBJECT: AGENDA ITEM # ~ • ~ - REG APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Neighborhood Advisory Council. BACKGROUND The terms for Mr. Gaston Joseph (Zone 1), Mr. Stephen Lampel (Zone 2), Ms. Linda Leib (Zone 3), Ms. Cory Cassidy (Zone 4) and Ms. Pamela Williams (At Large Representative) will expire on October 31, 2007. Mr. Joseph, Ms. Leib and Ms. Williams will have served unexpired terms, are eligible and would like to be considered for reappointment. Mr. Lampel will have served an unexpired term and would not like to be considered for reappointment. Ms. Cassidy will have served two (2) full terms and is not eligible for reappointment. This will create vacancies for two regular members to serve three (3) year terms ending October 31, 2010. In addition, there are two vacancies for two student members. There are no student applicants at this time. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications and would like to be considered for appointment. (Applications are listed by zones; however, the applications are in alphabetical order.) See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Mercator Guerrier. Mr. Sal Cherch is registered in New Jersey. Based on the rotation system, the appointments will be made as follows: See Exhibit "B" attached: Recommend appointment of four (4) regular members and one (1) At Large Representative to the Neighborhood Advisory Council to serve three (3) year terms ending August 31, 2010. NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT uA" Zone 1 Applicant Mark Behar Sal Cherch Alice Finst Gaston Joseph (Incumbent) Hansford Higginbotham Jayne King Lynn Klein William Milner Ria Santos Zone 2 Donald Dolan Jennifer Witt Zone 3 Mercator Guerrier Linda Laurence Leib (Incumbent) Zone 4 Harold Van Arnem At-Large-Representative Gerald Franciosa Pearl Markfield Elrod Janie Ramirez Samuel Resnick Pamela Williams Phyllis Willingham (Incumbent) Subdivision Lees Crossing Barwick Ranch Chatelaine Pine Trail Lake Forest South Chatelaine Lees Crossing Chatelaine Bexley Park Hidden Lake Gramercy Square Delray Estates Del-Aire Gold Club Palm Beach Shore Tropic Isles Town of Delray Strickland Subdivision Pines of Delray Town of Delray Rosemont Park NEIGHBORHOOD ADVISORY COUNCIL EJ~IT "B" Term Expiratior. October 31, 2010 October 31, 2010 October 31, 2010 October 31, 2010 October 31, 2010 ~ Date (three year term) (three year term) (three year term) (three year term) (three year term) Zone Commissioner/Mayor to appoint 1 Commissioner McDuffie (Seat #3) 2 Commissioner Montague (Seat #4) 3 Mayor Ellis (Seat #5) 4 At Large Representative Commissioner Eliopoulos (Seat #1) Commissioner Fetzer (Seat #2) 08/07 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS TELEPHONE 10/31/07 Zone 1 Gaston Joseph Home: 498-1092 Unexp Apppt 08/21/07 636 NW 53~ Avenue Office: 955-8628 Delray Beach, FL 33445 Cell: 703-4177 Fax: 498-1092 10/31 /07 Zone 2 Stephen Lampel Home: 276-9292 Unexp Appt 06/21/05 2745 N. Clearbrook Circle Work: 832-4271 Delra Beach, FL 33445 Fax: 832-3555 10/31 /07 Zone 3 Linda Leib Home: 498-5256 Unexp Appt to/17/06 4045 Live Oak Blvd. Cell: 772-342-4404 Delra Beach, FL 33445 10/31 /07 Zone 4 Cory (Caroline) Cassidy Home: 278-0150 Appt 11/04/03 424 Palm Trail Work: 266-6760 Reappt 12/14/04 Delra Beach, FL 33483 Fax: 265-0616 10/31/08 Zone 5 L'Tanya Allen Home: 699-1957 Appt to/25/05 1014 Mango Drive Work: 688-4394 Delra Beach, FL 33444 Fax: 688-3559 10/31/08 Zone 6 Linda Prior Home: 330-0245 Unexp Appc 02/20/07 2455 Lindell Blvd. #3510 Cell: 702-0245 Delray Beach, FL 33444 10/31 /08 Zone 1 Arthur Brown, Chair Home: 496-0264 Unexp Appt 01/13/04 4255 Northwest 10~ Street Work: 862-2361 Reappt ] 1 / 15/05 Delra Beach, FL 33445 Fax: 10/31/08 Zone 2 Bonnie Raycroft Home: 499-6798 Appt 11/15/05 213 Sherwood Forest Drive Cell: 445-6793 Delra Beach, FL 33445 Fax: 499-6798 10/31/09 Zone 3 Shirl Fields Home: 638-1261 Appc to/t7/06 2758 Hampton Circle West Cell: 542-6150 Delra Beach, FL 33445 Fax: 638-1263 10/31/09 Zone 4 Claudia Flores Home: 274-3400 Appt 10/]7/06 19 NW 17~ Street Work 243-6761 Delra Beach, FL 33444 Cell: 702-2919 10/31/09 Zone 5 Matthew Hartley Home: 243-4808 Appt 10/t7/06 2522 Ella Street Delra Beach, FL 33444 10/31/09 Zone 6 Joseph Kamarata, Vice Chair Home: 243-2834 Appc to/17/06 764 Avocet Road Work: 454-5838 Delray Beach, FL 33444 Fax: 243-2834 Cell: 662-7186 10/31/07 At Large Pamela Williams Home: 274-9095 Unexp Appt 03/21/06 Representative 245 NW 8~ Avenue Fax: Delra Beach, FL 33444 10/31/08 At Large Patricia Westall Home: 243-7959 Unexp Appt o4/t~/o5 Representative 1102 Seaspray Avenue Work: 274-3215 Reappt 10/25/05 Delra Beach, FL 33483 Fax: 274-3201 10/31/09 At Large Charles Stravino Home: 495-5375 Appc 1t/o4/o3 Representative 3631 Lowson Boulevard Work: 243-7412 Reappt 1o/t7/o6 Delra Beach, FL 33445 Fag: 243-7461 10/31 /08 Home: Work: Student Vacant Cell: 10/31 /07 Home: Work: Student Vacant Fag: S/City Clerk/Board 07/Neighborhood Advisory Council CIlY OF DELRAY BEACH, FLORIDA Neighborhood Advisory Council -Appointment Zones - ---~ ,. cmoFne.~veewcr~ r3 vunnuwG a zonnHC omnRnuevr ~cH 2oae ~ o~ MnF ~ -~~~"~~~~~~• CRYIJMff3 -"~~~~•~~~~~ --DIGI~ALBASEMIPSYS7EAl-- GRAPHIC SCAlF ... . N vc~ni+r ocr~~.~ r rww,,a AAo~~ r o I1~~/~1,~~{roC~ a T993: 200 CITY OF DELRAY -BEACH BOARD MEMBER APPLICATION .~~~ -~ Please type or print the following information: ~~~~9 1. Last Name: Name M I. 2. Home Address: City S ~ Zi Co e 3. Legal Res ence: \~ C~ ~~ State Zip Code 4. P ~ cipal Business Address: ~ City ~ ~ State -ode 5. Home Phone: Business Phone:. E-Mail Address: ~ ~~~ ~ Cell Phone: D Fax: 6. Date Bir 7. Are you a registere voter? If so, where are you registered? ~~ 8. at ard(s) are you interested in serving? Please list in order of preference: _~iZ-~-~`7~. 9. List all City Boards on which you are currently serving or have previously served:: (Please indude dates) ~ ~sr~~<~'~G 10. Educational ualifications: 11. ~ r any related pr io al certifications an ~censes whic ~~ ~-- 12. Give your present, or most recent employer, and position: ~/~i2~ ~~ 13. Describe ex riences, skills or knowledge which quaLfy you to s on this board (Please attach a brief resume) - - - ~-- I hereby certi tements are true, and I agree and understand that any misstatement of material facts conta~ pli n may cause eiture upon my part of any appointment I ma receive IG DA r 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. roiiu~ai iiisiucr- w a~iiuigwu, L~,.: ~vv i ~.viigic~sivuai viuci ui rvici ii r agc i vi ~. r' - _ - ._ BLOC AKCI-!I~'E ® %~ ~ ~3) ABOUT &i E POLITICAL INSIDER On This ~, ~ ~ a4.th Day of ,r ~ ~`ss~ ~a rt' - July, aoo7~ _ t ~~ ~~ - Washington, •-~ - :t., ,.. . D.C., It gives ,. me great s ~ ~,_, ~ ' ~ ~ pleasure to .~l 4 i-' r ?'~~.~ .-, ~~~~ ~ ~ Announce ~~~~~ . that: _ ._ ~ ~ _ Mr. Mark Behar of Delray Beach, Florida has been Officially Nominated to Receive the Zook COngreSSlon °~~"~""~"- al Order of -" ~~ - ~ ~_ Merit, by the .~,~ - - '~ - Executive _A_., Cauncil of the National Republican Congressional Committee-N RCC. This Citation: Is in Recognition of his Outstanding service as an Honorary Chairman of the Business Advisory Council Representing Delray Beach, Florida and for his ideas, commitments, loyalty, and dedication of his time, efforts; and services in trying to Reform & create Tax Relief for Start-Up, Small Business, Small Business Owners, and Sole Proprietors like himself, and for others, throughout the United States. Mark is a Property Owner/Investor of several Rental 1"V11t1Gi11 1I1J1UC1- W QJI1111~W11, lJl,.: GVV / <.Vll~'rCJJ1V11Q1 lJl'UGl Vl 1V1Gilt r21~G G Vl G & Investment Properties in both Delray & Boynton Beach, Florida as well as in "The Pocono's". located in Tobyhanna, PA., and is currently trying to Update & Revise the "Landlord-Tenant Laws" in his Hometown State of Florida. u £; O iVI M ~. lti T 5 ..:.,.: Subscribe to: a ~~_ _~ ..._. ~5.:~,;.~~ = _.,. rollilcal Ins~uer- wasmngtun, I~~..: I n~ ~vv i YICI:.711J~1V 1 J 1J11v1V L',It rdb'G 1 Ul G BLOC ~SRr';~iZ'~. ABOt1T lIE POLITICAL INSIDER ounce their invited Members & Guests The Nati ona I Rep ubli can Con fires Sion ai Co mm itte e t.~ CC) The Hou se Rep ubli can Tru st, ann Mark Behar, A young Entrepreneur and Owner/Investor of several Investment Properties worth Multi-Mi1_iions from Delray Beach Florida, was just recently named and awarded the "2006 -Businessman of the Year Award", representing his hometown City and State of Delray Beach, Florida. John Boehner -House RepubIzcan Leader said, On behalf of the Republican leaders in the U.S. House of Representatives, I am honored to have Mr. Behar, who is an Honorary Chairman of the House Republican Trust, from the State of Florida (Which is an influential and prestigious group of outstanding citizens throughout the United States), to attend the this years Annual Board Meeting and to join ruiiucdi insiuer-wasmngwn, lip.: ins ~vvi rrcn~ili~iv i ~ liiivivr,x rage ~ or ~ President Bush, Republican Members of the U.S. House of Representatives and the U.S. Senate at the premiere event of the year"The 200 President's Dinner, which is to be held in our Nation's Capital on June i3.th and 14.th. In addition to this year's dinner, Mark and other Honorary Chairman from throughout the United States will join special guest Karl Rove for lunch on the i4.th. After the lunch, there will be a "Town Hall meeting" featuring Republican Members of Congress. At this meeting, Mark will have the opportunity to comment, express his thoughts, opinions and concerns on and regarding the Presidents current "Tax Reform and Relief Bills" that are sitting and awaiting approval and a vote, in the Senate. In the past (2005), Mr. Behar has attended this event with former 2.- time California Gubernatorial Candidate Mary Carey. t> ~ tD iY/3 ibd E N 'r S :~cs= -- Subscribe to: P~~S i:'~ ~n~nz:=~_ts >: ~:.`::?-s:~=_ rvn„~a, i„„uCr-wnstun~tun, IJI,.: reoruary Govt Si,11~?rJAY, Fr. :SRC;~R~' iS. 20t}7 rage 1 of L "2006 _ ~::.- _ BUSINESSMAN OF .~ THE YEAR AWARI3" The National Republican . Congressional Committee B L o G ~t ~t ^ H t ~% (NRCC) announces their - ~°---- Businessman of the Year ~ ::_ -. ' ; (3) Award Nominee & ® (I) Recipientfrom the State ' ~ ' ofPlorida The Nation Republican Congressional Committee ® `~'`'"' (I) (NRCC) has announced that Mark J. Behar, a young (I) ® ` ` Entrepreneur & Small Business Owner from Delray Beach, Florida was nominated and has been selected as the "2006 Businessman of the Year", from ' South Florida. ABOUT 1IE POLITICAL IIITSIDER This award recognizes the top U.S. Business Leaders, W110 have .successfully integrated business and financial success 7~°tt:`,,; ~ r !~>>~: f=a.~::'t ~ ~ ;c?- i;:_~: with the support of republican ideas and values, as well as a pro-business &pro-family agenda. Mark was selected for this honor & award, for his steadfast support and commitment to President Bush's Tax Relief & Reform Bill that is geared and tailored for and towards Small Business Owners like himself. Ntark's input and recommendations on the bills and its content was very instrumental in the bills development. Congressman & Chairman of the NRCC Tom Cole said, "On behalf of The Entire House Republican Leadership, we are all Iooking fors-yard to seeing Mr. Behar in person, at our Awards Ceremony and Luncheon". In attendance at this ceremony, will be Special Guest former House Speaker Newt Gingrich, who will join Mark when he receives his award at this time. The Awards Ceremony and Luncheon will be held in our roiit~cat lnstaer-wasnmgton, lip,.: reoruary ~w~ Nation's Capital Washington DC on March 15.th. The "200 Republican Business Summit" will also be held that day, as well as the "200 NRCC March Diner" will beheld that night, with Special Guest President George W. Bush. Mark also, has been asked by the Republican Leaders of The U.S. House of Representatiti°es to serve as Honorary Chairman of the House Republican Trust, from The State of Florida. Political Insider-Washington, DC. rake ~ ui ~ Subscribe to:.-~~sts _ _o_ 03%OBi08 WED 13:31 FAX 581?d3377a CITY CLERK ottuAY Bomar acne, j r Ct~'Y OF DEI.RAY BEACH ® BOARD MEMBER QPPl.1CA710N 7993 200T Plezse a of print the followinfi inEortnat;oa: t----- r-~ 002 ~, - - ~,~; ~- 1 ~`"~ ~, R ?~?~6 •- t~srivamc: _ Name ,CJ2 ~~ ~~- L ~ fit, i I L 2. Home Address: 5L,$'/ o S ]j ~w ~ CK City T~~C State t= Zip Code 3. Lrgal Rtsidcncc: C'ty State ~•~ lip ode 4. Principal Business Address: a/~ ~ City State Zip Codc s~-~~,~ ~,~JD. S~~ ~ y~ ~~ ~~- ~ ~ S_ Home ~Phonc: Business Phone: FrMail Addt~ts= Cell Phone: Fax: ~ 3 G. Arc you a registered vote? If so, inhere arc you registered? ~r ~ T, 7. Whir Board(s) are you u~terestcd in serving? Plcasc list i,> ordct of prefeccnec ~ - ~~'~ r~, - ~rrr. 8. ~ .~ List City Boards qn uch ou ate cuLr Y serving or havt prcviou ly servct~ (P east indudc dates /t 1) S Q P ~ `` ~ __ r t t -0 ~ rl M L~ A-CJd 1~1,~- ~ G C. cwcanoau quattucsttons. ~- tl~ w. L.tst any te~atca piotesstonal certiEtcatioas and licenses which you hold: 1 vtve your present, or mosttcceat 12 Drsaihe exp~ienccs, of knowledge which qualify you to sctve on this bond: (Place attach a brief resume} and positiotr . ,...,.cvy cero.ty that atl the attovc statements arc troS and I agtce and unders[~d that aDy misstatemcut of trarerial facts contains dais ap }i aon may Cause forfeiture upon my part of any appoinuncnt I may tc GN1l'lUltl? 0 ~ DA1~ Note: This application will zemain on b}e ~ the City C)erk's ClEfice foe a period of 2 years f=om the dart it was ' submitted. It wi}1 be die app}ican~s zespoasibility to cnsuce that a current application is on file. S1Cf7Y0'-CRAHOAi,DMMl1CA~r1UH i9~ SAL CHERCH Mr. Cherch, 70, has over 50 years of business experience in developing, initiating, and operating companies in a broad range of industries_ Over the last nine years, he has devoted most of his time to developing and funding aquacuiture related enterprises. He isthe co-founder of Neptune Industries, Inc. [NPDI.BB) ,Taurus Investments, Ltd. and Aquaculture Specialties, inc. He has served in an executive capacity for a number of privately held and public companies including Ford Motor Company_ Mr. Cherch is the President and founder of Lando Financial Group, Inc. This investment and holding company has interests in the electronic security and access control industry. He is the founder of Quest International, Inc. a public relations and promotional organization and Meter Maid, Inc_, which markets a patented device devloped by Mr. Cherch for the electronics industry and is the former owner of Corporate Consultants, Inc. which specialized in developing training and motivational programs for major corporations. Mr. Cherch has been responsible for the formation and funding of several privately held companies, which hrn hrn~_i~h# to tha ~i.ihlir. as IPn's Hi? fns ~nrlPri anri was C:F(~ of Natinnal Forty Warning Systems, Inc_ (N.E.W.S.BB,) which developed and manufactured patented electronic monitoring and reporting devices for the U.S. Navy, many municipalities throughout the United States and Europe; National Electronics and Design, Inc., OTC, which developed and manufactured radio . devices used in the restaurant and hospitality industries: Mr. Cherch also served as an executive officer with direct control of marketing for Lancer Industries, Inc., AMEX. where he was responsible for the design and patenting of several products for and the Company and its affiliate Universal Fiberglass Industries, Inc.[OTC] These products were the basis upon which both companies were formed and built manufacturing and distribution networks consisting of more than 500 dealers and distributors throughout the United States ,Canada and Europe_ In addition, Mr_ Cherch owns or has patents pending on several other products. Mr. Cherch attended Seton Hall University. J1-1 1J LVV/ 1"'1 • GV DH.RgY QtACN ~ ~~~ 793 2UU7 Please a or 1. Last Name: 2- Home Address: :660 West leax ~. Lesa! Residence: 660 West Clear 4. Principal Business Address: 1 fl\.. l IlLVJ 1 l\ 1 1 VIYL 1J0100J.JOJJ - r . C.1G~ C.1J cr'tY o~ D~~,Ra~r BEACH ~ ~ ~ ~ ~~~~ BOARD MEMBER APPLlCA'T~Yt ~ ~ ~=~ _ ~~de~/~~ ~ t ~ b~l information: None Dona7.d City 0 City City 5730 Corporate Way, Suite 110 West Palm Beach ` 5. Home Phone: Busiacss Phone: E-Mail Address: Cell Phone: 561-265-3937 561-68.3-8833 pacif@bellsouth.net 56I- G. Are you axe~stesed voter? If so,where are you registered 7. Whar Board(s) are you ini~csicd in solving? please IiSi in order of preference: ~/~ ~ 8. Trst itll City $oards on which you are currently saving or hgve.prevaously served: (Please yti+nu~~~apnru: _ ~ ., 10. List anp zelazed professional certifications aad licenses which you M. 1. 34 State Zip Codc 33407 R. State Gip Cody L 45 State Zip Code FL Fa.Y: 9 7.580 dates) 561-6~3-9633 em er ternational Foundation of Em Io ee.Benefit Plans. Past member of American Arbi ration Associ Lion. , 11. Give;yntu present, or most recent emP~Y~, and position: Plumb in & A C Contractors Industry >:und 1L D«aibe ecpaiences, skills or lrsioWledgc which qualify you co serve oa this board: lease s Twent ears a Trustee Chairman) for Health &~Welfa.r a antefdresttme) Pe sion Fund in excess of 90 Million dollars. I h ecsRfy tba[ All ille 3liOvC SiSiea]etFTS :trC true, aad I ~SCe 3tld urideistaad t~t1i any II115Siit[tm2 t of co 'n in Lhis application m cause forfeiture u on m material facts P Y Pan of aAy appoinm~ent I may sece~c: SI NATUI~L• September I 2005 DATE . ?Voce. This applicatzort will rernaia on file in the City Clerk's Office for a period of 2 years fr the date ' suhtrxit<ed It will be the applicant's responsibility to ensure chat o currcar application s on file, ~t Was . ._ _. .~ _ _ .. . _~ a 1_:nlrr._i ,r.~ ~_ t1_.. - - - r. i_. Donald R. Dolan is a resident of Detray Beach as he is the Executive Vice President of the PLUMBING AND AIR CONDITIONING CONTRACTORS INDUSTRY FUND, INC. with over 20 years of mechanical association expertise including labor negotiations, educational programs, public relations, and seminars. He also has over 20 years experience as a Trustee for the Health and Welfare and Pension Trusts. Mr. Dolan received his S.B.A, degree from the University of Miamf. He was an arbitrator for the American Arbitration Association, and a past member of the International Foundation of Employee Benefit Plans Board of Directors. Mr. Dolan rode with the Coral Gables Police for over six years and was one of the founding members of their Mobile Patrol_ TOT-iL F'. ~2 '~ROI`1 : IJnRee l ~.~ i dens FF-~:=: 1 In IU.'13%~U'3 T$U OE:01 FAQ 5912$3377 chi-t~s?. ~ = nct. 1~1 ?~~~~ JE::-lHf•1 Pi ~~ / I ~0~ --QF Gt1~~`ea ' ,~~ C1TY o~ ~lLRAY BLAGH ~ARI~ MEMBER ~-PPLi~ll7'!Ol+fl ~n~ I 1. Lst ~ -- - --- - -- -- ~. n ~~' ~~ ~ ~ c,E. ~ ~ , ®c u '10 -t . 1 `T- v Cfry ~i ,row $eac`.t roc ~. • c s- ~yd,~~ sec Tap Cock ~. B a ~ 3tte 7~p c 3. CmL 4DS: et11lib 4 Q 1s -`~ ~ y o ~MitZ, 3a: 3 • ~, T. ~*~' ark-. ^ ~ >d ci ~~ -~ ~'r 3 Q you o rt~esst+ed aq~ If b, ~et~ sae po0. ~l e s c-o. C~e~.~~~ ?. 1~'6..~ Basn3(o) a~ poo•i~re~~cd is ~v~mgt P9e~re ~ is aQdcr of ptefermoc N~ ~ r~..~-gym a ~s. ~ t ~ ~-u:.~.4`.:. ~;. . _ ~ ~ mom: 10, L'sc aaY essianal voass Il~croses ~, n~ g vYta_rt~ 1 ~ r Q ~~L~! 7G ~ 4g-y" i 1. ]cua of mos ea , sAd poietio~ )j bC Cif Ct ~"~""~6°' j'O'l1 m ~!!~ OD tt)zIt a.-~ 11 al~tII~t~ t~ sae ~ ~ sad -~! adm~m~l ooass~ad Sn s~i>i eay ayec fo~ddmet uQoti aey P°~ of m7 _ i ~_J_~_ ~ . ~ _~ _I S1GNA21JRfi ~ ~ Du-Tg' -( ' N~ 3'bia az-elIcit4in ~r~m1n e~ 8te ~ Cfn CJn~r'a . ~w.;~,rt .....r a~ 1.,._ :.,,._.. ' Ie.v,~ be the a~LesBt'a ~ to ao~st tms s cis saoZioocan~ ~~ ~ ~,~ ~, [~ OCR ~ a 2005 ~i`~'~ ~~~~~ Alice Finst 707-Place Tavant Delray Beach, 33445 Resume' Application for Neighborhood Advisory Council # 12 Describe experiences skills or knowledge which qualify you to serve on this board. Listed below are some of my civic experiences since moving to Delray Beach in 1971. Please note that dates are approximate and may extend several years. Memberships Homeowners' League of Chatelaine 1970's to present Chairman Architectural Control Committee, Editor, "The Chatterlines" Member Board of Directors, City Commission observer for Homeowners League Progressive Residents of Delray Beach Board of Directors, SPRAB monitor Delray Beach President Council , Pride in Neighborhood Committee Mounts Botanical Garden League of Women Voters of South Palm Beach County since 1975, Delray Beach Good Government Committee Lobbying Activities Acquisition of land for Barwick Park, (also served on play ground committee). Land acquisition for Fire Station at Barwick and Lake Ida Roads Sidewalks on Barwick Road Fencing at Veterans' Park Playground Bright Park Service on City Boards and City Related Committees Pineapple Grove Pre Main Street 1993-1995 Beautification Committee Community Appearance Board 1985 Historic Preservation Board 1987 Education Board 1990 NorthWest/SouthWest Neighborhood 2002- Sidewalk/Beautification Committee Cultural Loop Walking Committee visited 80 sites June 2003/History Committee School Advisory Committees A.D. Henderson 1986-1996 S.D. Spady 1978-80,-1999-present Atlantic High School 1987-present Other .City Commission Watcher since 1979 ~~oPi c ~T-~;~~' DELRAY BEACH ~~/P /~ ate-ahr R~G~~~~~ ~ l CITY OF DELRAY BEACH V ,~ ~, 20p6 ~ BOARD MEMBER APPLICATION ~~~ 1993 C~T~ ~~'~ 2001 Please type or print the following information: //~~~YV ~ 1. Last Name: ~ ~ t,fd R- Name / ~,/ ~~f-/G( M. L 2. Home Address: ~ ~~ ~~ City ~~~ Sta~G Zip Cod 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Ho/mre PLhone: ~(!J ~~f ~ Business Phone: E-Mail Address: ~ / ~~rci'dsA ~ Cell Ph e- ~~~ ~~ t ,c~~ Fax: ^~ / / ~f~' Lid 6 G. /Date of Birth C ~ 7. Are you a registered voter? f so, where are you registered? ~~ 8. -What Boards} are you inte sted in servin ?Please list in order of preference• _ CtyAC ~ Nl v.~~.yr~~r- ~~°~ vt/,~ ,Az,-r~ ~. ~d- ~/a~efc ~R v List all City Boards on which y u are curr y serving or have previously served: (Please include dates 10. Educational qualifications: ~e ~ 7~ "~~~ 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: ~~% /~~~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) r ~ ~~ ' ~_ Iher erti that all the above statements are true; and I agree and understand that an ' s ement of ma rial facts con ed ' "s application may cause forfeiture upon my part of any appointmen~lI may recei e. iL/r v`~pZ,~7/~aC-lJ ~lv DATE -' _ ~ 7/ / Cffis application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. I.t will be the applicant's responsibility to ensure that a current application is on file. DELRAY BEACH . . wra>~;~ 7 993 2001 CITY OF DELRAY BEACH ~dnl~, ~-~ BOARD MEMBER APPLICA~'EBt~° fi4~R ~ 6 ~00~ Dio.,~e +.,.~e .....«..t +11a Fnllnmtnrr in~nrmoHnn• 1. Last Name: - -- - Name >tiL 1- 2. Home Address: City _ State Zip Code 3 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Pho/n~ e: C/!~ Business Phone: - FsMail Address: f ri Cell Phone: Fa 6. e you a registere vo er? If so, wh r are yo egistered? 7_ What Board(s) are you inteteste in sere .Please list in order of preference: /, f r R 7y"' ~ 8. List all City Boards on which u ate currently serving or have eviously served (Please elude dates) .-~~- " 9. Educational qualificati s: / - ` N U ti ~ s 10. t any ted professional certi cations ~cens~s which you hold _ r' 11. Give pour present, or most recent employer, and position: rN ~ -. ~ - 12. Describe experiences, skills or knowledge which qualify you to serve on this board (Pleas attach a brief tes e) ~- . ' _, _ ~ e I hereby certify that the above statements are true, and I agree and understand that any misstatement of material facts contatned,~ this application may cause forfeiture upon my part of any appointment 3 may receive_ n D J~~~~ ~~ ~' S w. `t - ~~ k ~~~ v _ - - ~~Iote: 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. SwrrraeRx~sonxa~nerurwnoN Mercatur Guerrier 1550 Catherine Drive #3 Delray Beach, FI 33445 (561) 272-6042 Home (561) 305-7905 Mobile Objective: A challenging Executive Director position in a fast paced environment that will allow for personal growth and career advancement. Education: Florida Metropolitan University Major: Business Management (Retail} Minor: Marketing Overall GPA: (3.55) Florida Atlantic University Especial Business courses Experience: 99 Cent Stuff Department Store. 2005 -Present Senior Store Director (Big Box Supermarket) Increased sales volume by 55% less than three moths and Decreased payroll by 30%. Designed more attractive merchandise presentation strategies and special marketing campaigns, resulting in increased store traffic by 250%. Hired and trained staff, increased store inventory and expanded merchandise purchases. Responsibilities included, merchandising, customer service, and all facets of running a department store. Money Corner, Inc. 2004 - 2005 Store Manager (Finance) Offering customers superior customer. service and creating the maximum profitability of store operations. Oversee the flow of cash and financial instruments in accordance with company policy. Oversee risk of all financial transactions executed by store personnel. Contact customers and businesses to promote goodwill and generate new business through outside marketing, increased sales by 65%. Ensure the completion and compliance of government reporting such as C.T.R, s money order logs, S.A.R's in accordance with company policy. Pinch A Penny, Inc. 2002 - 2004 Store Manager (Retail) Managed the above store specializing in pool products, with responsibility for 2 employees, Creating a delightful shopping experience for the customers driving sales while controlling costs. Building a strong store team through hiring, training and developing. Managing operations including merchandise management, promotional setup, loss prevention and profit improvement. Created window displays on a monthly basis to promote new merchandise, grew sales by 70%. C&M Cleaning & Services LLC, 2002 -Present Owner /CEO Targeted and profiled prospective customers set up appointments, and implemented challenging sales targets designed to grow the business by 35% quarter on quarter. Adapt in the innovative and profitable presentation of service and interact with customers on a personal level providing exemplary customer service. Prepared bids, manage contract files and documentation, currently servicing Broward and Palm Beach County DELRAY BEACH o ~ o ai a~~c~ty ~ ~ CITY OF DELRAY BEACH APR 1 0 2007 BOARD MEMBER APPLICAT1O1~~-~~~4~C 1993 ~ 2001 ~~~~ ~~ / Please type or print the following information: ' '`/~ v~~ 1. Last Name: ~ ~~~ , j fl _ Name ,~5 % D ~1/ 1vL _ 2. Home Address: ;~ 3 ~ ~ ~ ~ ~3 ~~ City State . ~ ~~ ~ A ,~3~~~~ ~~ Zi Code ~~~~s 3. Legal Residence: ty State Zip Code ~~~Lc 4. Principal Business Address: ~ City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Date of Birth 7. Are you a registered voter? If so, where are you registered? g t~~ ~~ I ~ d ~v ~ p S. What Board(s) are you interested in serving? Please list in order of~Preference:/ _ '/ d~ f7 ~//S'~ /Z ~Lr/(~C'~!~r L ~ ~ ~~'ft ~iv 1/ / / K / ~~i/~oi2~~"y ~ ~ r~wc~ ~~~~~o~,~ 9. List all City B arils on whi you are currently serving or have previously served: (Please include dates} N 10. Educational qualifications: ,7 , 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: _ ll S ~~ J n,8 ~ C,~f >~a~ d N ,~ ~f~i9 ~-~ t> ~f/~~i 13. Describe experiences, skills or knowledge which qualifyyou 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 app ca~tioin ma cause forfeiture upon mypart of any appointment I may receive. ~ G ~ ~ SIGNA DATE Note: This application will remain on file in the City Clerl~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. GASTOIV G. JOSEPH 636 NW 53~ Ave. Delray Beach FL 33445 (561) 498-1092 Gjos67ephnayahoo com A talented Business professional with extensive sales and customer service experience SUMMARY OF QUALIFICATIONS • Able to learn and apply quickly and effectively • Hard working, detail oriented, able to multi-task • Extensive customer service background • Excellent communication and presentation skills PROFESSIONAL EXPERIENCE • Prudential Financial, Boca Raton, FL March 2007- Present Financial Service Associate • Proppse insurance and investment products most suitable to customers' needs. • Prospect for clients, develop insurance and investment program and make sales presentation. Fidelity Federal Bank & Trust, W.P.B.,FL May 2004- January 2007 Financial Service Representa#ive II • Service new and existing accounts • Originate and close consumer loans • Consistently achieve or exceed all sales quotas each year • Represent the Bank to customers in a courteous and professional manner • Provide prompt, efficient and accurate service in the processing of transactions • Perform all Teller functions as well as other duties requiring additional knowledge and experience Palm Beach School Board, W.P.B., FL August 2002- May 2004 Community Language Facilitator • Assisted teachers and administrators in fulfilling ESOL program goals and requirements • Maintained a directory of referral services for the target population • Participated in developing strategies to increase academic achievement for students of the target population • Participated in ESOL Staff development activities • Served as an advocate for students and parents of the target population • Served as an interpreter in school communications with parents, students and community members Rent Free Realty, Boca Raton, Fl May 2001-October 2004 Sales Agent • Assisted customer in leasing, buying end selling of real property • Performed comparative market analysis for customers • Performed customer service Switch Access Communication, Inc. Boynton Beach, FL March 2001- January 2002 Assistant Manager • Performed staff orientation and training, assisted with scheduling and supervising staff • Responsible for administrative functions such as filing, data entry and visitors relations • Monitored progress and assisted with accomplishment of daily objectives • Performed customer service EDUCATION FLORIDA ATLANTIC UNIVERSITY, Boca Raton, FL (2003) B.S. in Business, Major: Economics. FACULTE DES SCIENCES HI7MAINES, Port-Au- Prince, Haiti (1994) B.A. in Liberal Arts, Major: Sociology FSA Job Description Position Summary The Financial Service Associate (FSA) position is a sales position with The Prudential Insurance Company of America selling insurance and financial services. FSA's participate in a 2 year development program, devebping product knowledge, and selling experience while offering appropriate insurance and investment products to help clients meet their financial goals. After the 2 year program, many will continue to be financial services generalists, assisting clients with a range of insurance and investment needs; others will go on to develop a specialty, such as fee-based financial planning, insurance for business needs, or estate planning needs. Overall Duties and Responsibilities • Sell new insurance and investment products • Solicit new customers through approved techniques and methods • Conserve existing insurance and investments products • Service the insurance and investment needs of all owners of policies issued or offered by Prudential Financial companies. Essential Job Functions It is important that Financial Service Associates be capable of mastering the complexities of the job, continually learning new products, information, and approaches. As our representative, the FSA must have a full understanding of all our products and be able to recommend to customers the appropriate solutions that are in the best interest of the customer. The end result of the FSA's work is to develop long-term relationships between us and the policyholder that will impact the personal welfare of many people. The FSA's general duties include the responsibility to: A. Prospect for clients, develop insurance and investment programs and make sales presentations regularly for a broad range of life and non-life insurance contracts and financial products and services sold by Prudential Financial companies. B. Propose insurance and investment products most suitable to the applicants needs and ability to pay. C. Make the necessary adjustments in the policyholder's portfolio in light of changes in their needs. Although many transactions are handled by the Customer Service Offrce, an FSA should understand how to provide services, such as processing. loans, surrenders, changes in beneficiary, claims, policy options, and the Ike, as welt as being able to explain to customers the effect of these transactions. D. Maintain in force the existing insurance and investments products of clients, secure the reinstatement of insurance that has lapsed, and perform alt the duties incident to the care and conservation of the business assigned by Prudential. This may apply to all policies, whether or not the insurance was originally sold by the FSA. E. Maintain records of account, and render when required, on forms provided by Prudential, a report of all business transacted and complete accounting of all monies received on behalf of Prudential Financial companies. F. Conform to and abide by the procedures, rules and requirements of Prudential Financial companies and the state or- states where the FSA operates. Insurance is issued by The Prudential Insurance Company of America and its affiliates. Securities are offered by Pruco Securities, LLC. Investment advisory services are offered through Prudential Financial Planning Services, a division of Pruco Securities, LLC. Each is a Prudential Financial company (orated in Newark, NJ, and is solely responsible for its respective financial condition and contractual obligations. The Prudential Insurance Company of America is an Equal Opportunity Employer 1 FSA061826 ~~ R-.~rln~,4i.~1 t7ELRA1f SFACFi Ansley 1993 ~~t Plta~e tvroe or vrint tht ( ~~i.~/~ ~~~ 2~3 ~ ( ~`~ ~E~~~~~~ CITY OF DELRAY BEACH ACT ' ~ 2p05 BOARD MEMBER APPLICATION CITY ~~~r~` ~»ine information: ,~`~~ 1. Last Name: -----~- 1,,pp~~ Name p~, ~ C ~-1- 2. .Home ..~ddr .ss' o..c~ ~ r ~~ ~ __ C - ~~C. CQ Stat . Zi.p C_'ode~ 3_ .Legal Rcsidenrc: City- jrace Zip Code 4. Principal $usiness :1ddr ss: City Jtatt Zip ('ode 5. Homr Ph!tnt: Bus ~ css Phone: ~ ~~Z ~,~ r~-Mail :lddres: h~~1~1~, ~ ~e\lSo Cell Phone: . ~~ _._ Fax: _ _ _ -6.-- ;1rc ti-nu a rc:gi~tered vot .' ~ ~ If ~ ,inhere are y+>u re};i~tered? L ~~1~G3 ~eG. t-~ t~1%113L" ~~J3Ltj ~j~ 3LL }'i)U ll1Cl '2Sillj lIl SC:Nlllp~ P~883L' Lt~t IIl O1 C~c7 Uf ~l6t~fCn CC: $- I_.iar aU City $oar~s Otl ~i+~ll 11 y!iU aIC CUITeil Cll" 5Etv11l ~.~ V1 ~tJ~"F PfCL7.n13S~y ScIV2tI: (PI235e 121<Il1C}C C~:1tE5~ 9. F_.ducatioraal qualikacation;: IQ. ~,ist. any relate professio L.~e_ nal cerciki.cati ~n~ and l censer.which ~Qu held: ~ n~,i., L~~e- ~~~ sec... ~~-r~ L.~ ~.Se_ ~f 11. Gig+e. yot rtSCllt, ~r mt sr. recertt emplo}~er, and posi.ti~ L. j~escribe experi.cnccs, skill. ~ 1' ~ or knowledge which quah - }-nu a> Seate 01 this boazd: (Please attach a brief resumcj C~ ~ ~~ Ci ~ l~ C O ~ C ~~ V~~ ~ ~ _ L + ~ S ~ C,''l S~~~tfi ~ O -'. ~ ~C . L' TJ i.+~ - I hereby ertify that all thy. abo conta~ d ira th~ applicatiol m :lnd understand that any missutemerlt of lnattxial. facts e statements arc true, and 1 ag+'er • caurc forfeiture upon m_Y' p:lrt of any appovirment I may receive. ~_. ~~-~~r 12 '1-°oJ Note: Ibis application will -main on the In the l.try- l.tzrl; s t.+rncr, ror :a pEnov ~t = yc-e>.a I1VII~ ~~~~_ ~~a•.~, +•. ~s-• submicttd. lt: will be he appli.cant~s responsibility to ensure that a cuzrenc applieaUOn is on tile. i;P~TYf LER KIEV AAUwPIIIC~TION 1 HANSFORD N. ffiGGINBOTHAM ylu sutvr~LUWEK AVENUE DELRAY BEACH, FL 33445 (561) 499-8331 CORPORATE FINANCE & INVESTMENT MANAGEMENT EXECUTIVE 1990-Present Independent consultant to private and public companies, advising on matters including capital structure, debt and equity financing, management dynamics, mergers and acquisitions, strategic planning and marketing. Record of achievement introducing new concepts and services to clients, turning money-losers imo money-makers and capital creation approximating $70 million: Concurrently have held contractual relationships with NASD/NYSE member firms for providing securities brokerage and financial planning services for my individual and business investment clients. Member firms include Old Dominion Securities, Questaz Capital, Round Hill Securities, Northeast Securities and J.W. Genesis. Client assets under management have exceeded $36 million. ACTRADE CAPITAL, INC. Regional Manager 2000.2001 Responsible for management and sales growth of this public, international company's Southern Region. I was credited with building the Region's annual sales volume to over $23 million prior to the Company's decision to consolidate its operations and close this office. PIONEER PRODUCTS 1988-1990 Marketing Manager Assumed marketing and P & L responsibility for the 1 S0+ consumer and institutional -products of this General Mills manufacturer. Credited with the creation and introduce tion of five new brands (11 sku's) during an aggressive line expansion. My efforts contributed to two yeazs of record company revenues achieved within profit guidelines. EXECUNET COMPANIES 1984=1988 Partner<General Manager Created and developed unique enterprises providing consumer and business services through these successful companies: Eaecunet, Home Office and Memorybanc Inventory. HANSFOItD N. HIGGINBOTHAM, page 2 DEL MONTE/R.J. REYNOLDS FOODS 1980-1984 Region Manager and Division Manager ultimately responsible for $SO million in annual sales of a 500+ item product line through direct and food broker sales forces. Wrote and implemented operating budgets which included personnel, operations, local advertising and marketing, trade shows and trade promotion. Managed the regional merger of RJR Foods with Del Monte. PROCTER & GAMBLE 1973-1980 District Field Representative and Unit Manager in the food products division. Managed sales of up to $I S million through direct representatives and account managers. Recognized as my district's Top Unit Manager in 1977 and 2 979. Consistently ranked among the company's top managers in introducing new items and brands. Developed successful college recruiting programs at South Carolina, Clemson and Furman Universities. MERRILL LYNCH, PIERCE, FENNER & SMITH 1970-1973 Account Executive Sold investment securities including equities, fixed income, options, mutual funds and commodities. Branch office leader in opening new accounts. EDUCATION/CERTIFICATION B.A., Liberal Arts, UNIVERSITY OF TENNESSEE, Knox<+ille, Tennessee Series 7, General Securities License Series 63, Uniform Securities Agent State License Q9:13ft15 Jfp1Y 10:13 FAl( 581YA3377d ~~ ~ / CJ7Y CI~2H .` X002 ~( - ~ l~ - ] r ~ ~ -~ ~T~ a~ aEu~~r a-~A~t~ _ ~ ~€~~~~- ~~~g~ ~p~~-~GAT~f3~ ~ E C E I ~,' E Ca _ ,~, 2~ - SEP. 1 ~ 2005 Plc~r of rjnr tlia f~Ilo~3q 1'. ~ rr~ ~ - tTY _C LERK ~, _''~__ ;~~gat Rtstdeare: '~ b~ ~.. , ~ ~~ i ~ 5 P+ina~.Bv~sincrs. his: ~ ~e t 4 ra ~ ~ ~' L "" '"~~ ~~ess: CcIl P~ianc: ~ ~- - ~~~ ~3~- ~ r e ~ .~ ~ Fie 1; ate C~tl i~texts. ~ - ~t -~~ICb:a . ,: - m, serDyag? PLS. ~ in.cerd~ a~pt~fcxtan~i --~`- ' `- - ~ __ - l ~C~ ~ ~ d. Y~ XLSf 3I1 ~ °~ds Qa ~j~ ~t aSL a~v~~ .~-, ~ ,~`~/ ~l~ ~C~ ~ ~! lfj ~~Uti. `LYZO-~vt.(.~. ` '`L Cx.f~ t- i ~TV\ (~- . G~ ~-~:~' - ~' -~ - "~" hs'a~ ~scr~~~.sq"ed (F3o9c i~di~dc _ ~ - lPli~ 9: :4`~~i~aci~J. g~~fir~tioar• , ~. _ _ ~_ ~_ Pit r CCU ~~ ~~~a! ~-~4as and. ~~ ~~ :hri~ - 7`~= ~ az Est m;e~t . - mac. ~~c~-~ CS . -- ~'~ ~~u~;~-~ ~ ~ ..' ~ ~ ~~ ~.hse yw :~~ r2~~ r~c~ .~" ~ ~ - C ~[ .~~ u E-emu ~ . °~.~ l ` ~ = hd'o<.~ -tom ~` ~ ~~. ~ ~ eve iZ'~ :~~~ -, .~jc.'~.j ~ ~tl~`i L' z. -i; ~ e ~ au. ~~ alb aixioic soa ~ LL~.EA C-pt-~ ~ ~ . ~ h"ZI c+-nn~-5 ~ ~~c~. u- t. fi l,(~ ~~ S~ Y~~..'.. .In Qv ltivb ~ Q :~- tYtix s ~ 3iac ~ ~d.Z. mad ~~s ~ - -~ F1.~ Lp C4 .{. ~ .~ Vhr:~y..'C .,~ . c~~/ ~-F . @f arry~aj~rait I m~.set~rive .~l . ~- ~ ~~ DhZE. meted ~1t ~v~71 be tho ~~ ~ C~ aedC'a pg~,~ ~,~ a . ~~s ~P° t~ ~°d 4f'2 p~zs fzom t~c.c~a~t ~ .v~.s ~~~g: .tai ~~a~ :,:a . '°~,~ 20Q /-0 /-3109'S1 l l ', .3 ~ ®. ~i: 5616386223 » X612433//4 P 1!1 CITY OF DELRAY BEACH ~ `~'`~e ~ BOARD MEMBER APPL~QT~°~-~ (rvrs>~r5 JUt 3 ! 2U07 ~Gi.~,.. Phrase a or rii~t the Eollnvin infozmation: 1 _ Iast Name: L ~t / 2. Hotne Address;/~ ~~~ ` /~ 3. Legal Residence: 4. PtiaeiPa3 Business Address State I Zip Code 5. Hgine Pbon/r ) Business Phone= IrMail Address: C~1I Phone; F~ ~~~ 3 6. Date of Birth 7. Arc you a icgisrtrcd votcS? If so, ~vhece art you registeaed? .~-~~ ,.!~£-fit-~~ ~2 ?~ Eci~~e% ~~ 8.' What Board(s) arc iatar~at~d in eervin Please list in order of rt~:fi:r~trtic. ~~f'~J v ~ ~- List 4!1 City Boards on mluch you arc c~sendy serving or linos pceviouvly served: {Please include dates} 10. ~~~~:_ None ~ ~~/ M 1 City City ~ Stztc Zip Code ~-- S ~ NC`.G~u,J i i ~ f ~ ~,1~- 11. List anp related professional certifications and licenses Which you hold: 22. Ciivc o-/ur resent, oz most recent etnploya, and position ~~1 ~~~~ L•~L ~`/~~-G"'~ /~~ ~f 7?-~t' f~LrC r(I f ~J L~ G //~ % ~j 1~Gc ~ J`:~~ ~ ,u~ 13. D©cabo met ~ia-~:3, elplln et lmoa~ledbo wisiah gt:nlify' 9a to sore .,e dtia baazdt (nk~e ~tteel.. ;,.ie{ .,,,~....~} ~w~~~4 ~%~ QED r>)f,u7S ~:~ f.n y r f~ /i`/ ~'~.t Wit, ~~ ~" F.4,~ ~ J hereby certify that aIl the a ove statement, are true, and I ace and und~rsrsnd that any rnisstatrtnent of, material Facts c `~ ed in dtie applicztion Tray cause fotfd[ure upon my pact of any appoin unt I y secwr. ~ ~~ - - _ ' .~ ~3/ G~ ' Nn"IURE DATE Nnr~• 'Tl,:a .,t,Pli,_oeon e~ill t~;t, ~,n {il~ u, ~~ Gitr Clcrh'a Office fvz a period Of Z submitted. It will be the 9pplic~t's tr_sponsibility to ensure ~t a curzcnt a Y~ Lrom Lhe dart it was s!r'_r. l PPh~don is on 61e. n I moved to Delray Beach in 2000 not sure if this was the community my husband and I wanted to commit to after living in the Northeast for most of our lives. While the transition was not easy since family still resides up North, we found ourselves welcomed into a city that is a microcosm of what we think America should be - a blend of peoples of all ages, races, and economic groups. A city that has pulled itself out of doldrums and is a relatively safe and embracing community complemented by the fact that it is sitting in a beautiful environment. We found that we became more active, looking forward to enjoying the beach and parks and attending the many events held in the city. We take pride in the fact that we call Delray Beach home. I am sure many of you have seen changes in this city in the past years, but the challenges the future holds can be daunting especially in protecting the assets that make Delray Beach anAll-America city. Just drive down Atlantic Avenue and not only can you see the changes in the city but you can feel the changes. While I have no experience sitting on advisory boards to a city, I feel compelled to offer what I can, to assisting the city that we riow call home in some way. I am a well educated woman and spend most of my professional life advising healthcare organizations how to better their businesses, so I am confident that some of those skills and experiences can assist the challenges facing the residents of the city and those elected to manage Delray. I am attaching a professional resume to assist in your review of my application. Thank you for your consideration. Lynn Klein LYNN J. KLEIN M~R ~ ~ z~Q~ myoptimaC~aoLcom 114 E. Lee Road ~ f-~-~ - ~ ~ ~ ~ ~ Home: (561) 638-3517 Delray Beach, FL 33445 Fax: (561) 638-6223 CAREER SUMMARY A healthcare, business management consultant with extensive experience in the public and private sector. Areas of expertise include: - Mergers and Acquisitions - Corporate Finance - Forensic Accounting - Business Integration - Financial Analysis and Modeling - Process Improvement - Due Diligence - Cash Management - Business Development Ability to improve efficiency through systems enhancement and re-design as well as through selection, installation and maintenance of operational and financial computer systems. Ability to manage multi- functional projects. Self-motivator with exceptional interpersonal and. communication skills. SELECTED ACCOMPLISHMENTS Financial and Operational Business Consulting • Created and implemented a comprehensive restructuring of all purchasing and accounts payable functions and systems fora $250M healthcare client to achieve projected savings in excess of $1M in first year, reduce .processing backlogs from 90 days to 3-5 days, reduce payment backlog from 120 days to 30-45 days, and provide on-line reporting to branch locations. • Created financial models in EXCEL for cash basis $16M service client to convert cash financial statements to GAAP financial statements for timely reporting to publicly held parent company. • Created a customer usage model that analyzed 10 years of data fora $20M service client. • Provided all operational and financial business integration for 12 practice acquisitions fora $50M healthcare client including systems conversions. • Assisted clients in the identification of and evaluation of potential acquisition candidates including preparation of financial and operational due diligence. • Assisted two healthcare clients in successful IPO's (in excess of $100M) by providing financial consulting including audit management, pro forma compilations and prospectus disclosure. • Created financial projection models fora $250M healthcare client contemplating an IPO. • Prepared business plans and assisted clients in accessing investment funds. Industries include pharmaceutical, retail, healthcare and e-commerce (internet web-based business). • Installed a customer service call center for a healthcare client that included the use of help desk software to manage staff's ability to assist customers. • Wrote policies and procedures manuals and practice orientation manuals that covered all company functions fora $50M healthcare client. • Created a medical record audit program that used a team of clinical and financial professionals to review a hospitals billing and medical record compliance to Medicare regulations. • Wrote business plan and assisted in securing the initial $2.OM investment for an e-commerce business. Provided operational and financial consulting while acting as CFO during the product development phase. Tactical Finance and Accountin • Prepared financial statements and financial packages for Board of Directors and Senior Management in a $100M healthcare company. Coordinated all financial information to prepare for annual audits. • Performed atl controllership functions including monitoring of accountr payable and payroll processing and approved all cash disbursements and bonus calculations. Reconciled accounts receivable and monitored reserve provisions. Coordinated and reconciled physical inventories. Oversaw operations of accounts payable, accounts receivable, purchasing, payroll and general accounting areas. Lynn J. Klein Page 2 Instituted standardized controls in accounting throughout a $50M region by writing and implementing policies and procedures to comply with the provisions of the Corporate Audit Committee. Standardized accounting forms and coding to facilitate month-end closings and developed account analysis books to provide details of monthly balance sheet activity. Consolidated two $25M regions within 90 days without interruption to financial reporting, cash disbursement and payroll. Consolidated multi-state banking arrarigements into several major geographic bank hubs increasing cash investments in REPOS, reducing bank fees and establishing strong bank relationships increasing service to field operations. Monitored multi-branch operating expenses and recommended reduction and cost savings measures to senior management to obtain acceptable branch profit margins. Monitored aged A/R and DSO changes and provided senior management with monthly reports to assess .early warnings of potential bad debt exposure. ManaQement~ Information Systems • Selected hardware, customized software by designing input screens and reports, and implemented an audit trail to convert an outsourced accounting process to and in-house system which resulted in a departmental savings and more timely and accurately reporting. • Utilized database management and mining programs to identify and monitor key business drivers and created daily real-time reporting to operators, which assisted in day-to-day decision-making. • Upgraded the accounting system to resolve an accounts payable backlog that reduced aging of open invoices from 75 to 30 days. • Converted regional office from asingle-user system to a Novell network to facilitate accounting processes, provided more timely information to field management and accommodate business growth. Implemented an integrated payrolt system utilizing ADP products to create labor analysis reports for field operators, which provided employees with real time compensation and benefit information. • Selected to chair the finance team of the MIS Strategic Planning Committee of a publicly traded healthcare company. Established definitions and requirements for a multi-million dollar systems conversion. PROFESSIONAL HISTORY INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL 1994 -Present NOVACARE ORTHOTICS £t PROSTHETICS EAST, INC., King of Prussia, PA 1990 - 1994 Controller Responsible for all financial reporting in a $110 M division of this publicly traded healthcare company =with 55 branch locations... Supervised a staff of eleven. GOLODETZ TRADING CORP., New York, NY 1986 - 1989 Financial Reporting Manager Responsible for all financial reporting-and cash management fora $300M privately held international commodities firm. Reported directly to CFO and partners. Supervised a staff of thirteen. EARLY EXPERIENCE "Big 8"audit division and private accounting experience in real estate and brokerage/commodities. ED(1CATION AND PROFESSIONAL ORGANIZATIONS Penn State University -MBA (1999) -Finance St. John's University B.S. Accounting (1980} HFMA Member -Healthcare Financial Management Association, Florida Chapter Volunteer -Membership Committee, Professional Development Committee U[LKNt 13CA1_h ~ a o a o ~j^~ / // / v,Y CITY OF DELRAY BEACH .~~- ~'re '_~~ ® BOARD MEMBER APPLICATION ~°~~ ~~~~ 1993 2001 Please or rint the followin information: i~~ a 1. Last Nar~e~ 1 LL am ~ ~~N~~ M. . 2. o e Address: ~ ~ ' S~t~ Zip Code 3. Lega Rest ence: ty State ~--- Zip e 4. Principal Business Address: ---- City State .~ Zip Code 5. Home Phone: Business Phone: E-Mail Address: ll Phone: Fax: ~ .S ~ ~ q u,rence ~~ ~,~0 3 _ y ~ ~.-- 6. ate of Birth 7. Are you a registered voter? If so, wh e are you registered? 1 ~-~5 ,~ 5~ e ~ ~~~ ~~~~ ~~oGc',~'~" 8. What Board(s) are ou inter sted in serv' ?Please list in order of preference: v 9. ist all ~ty oa on which yo are currentl servin o have revious y ed: (Please include dates) 0 Gl', 10. Educational qualifi ations: ~ , r ,~ . 11. List any relat d p essi a certifications a d~enses ~ch you hold: n / (i ~ ~ ~ f o (/l~ ~ 12. ive your present or st rece t empl yer, and osition: - ~' ~ . ~ Describe a periences, skills or knowledge which q you to serve o this bo ase attach a brief r e) l I here y certify that all the above statements are true, and I agree and eistan hat any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. IGNA DATE ~~ ~~ j ~~«.• li.., aYl,ucariuii wui remaui on rue m the ltty ~;terl~s Uttice 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. O~RAY BEaCM ~/ J ~° RECEIVED ~ ~ CITY OF pELRAY BEACH ~~,~,~ ~~ sOA O C T n ~zoo~ ~ m RD IYrEMBER Ap'P~.ICATION z o; CITY CLERIC submitted It wil! be the alplicant's to ensure that a curhent application is o~n file. RESUME FOR BIJN[VY (PEARL) MARk'FIELD ELROD llirector of Reasearch Dept.. National ~8nnui3 er newspa,~~er 14 yrs Realtor Coldwell Banker Real Estate ?8 yrs. Pres. Iti1eY-ritt Par'~c Eiome Owner's Assoc. Pres. Prol;ressive Residents c9f De'ra}l League Of Women Voters, PBC, Board Member Member S~~U/NVa Ezedevelopmen Task Force fi-em inception. Resident Delray Beach over 10 y-s. Proud ov~.~ner of a historic home (built in 1925) which we have kept historically intact and very much enjoy preserving. Like living within walking distance o~ a beautifully developing downtown area. As a resident enjoying the benefil s of a lovely city ]would like to "give back" to the continued healthy growth of same. ivr ao, vu tna, vi. v~ f/lA aO1L4JJf /3 L111 t_lliilifi- __`_--_ ~~~ 1 1Q~~(13 Cl7`Y QF DE~.RAY g~~Ei j 1 ~ 2005 1, I~ rlnm,~ ~ - - ~~ ~ I~~ ~ ~c r-_ ~ ,. 1 Hoar P 5. ~ Ct ~1't J ------ ~~~_ ; f _ ~. ~, state 2:p Lac `'" , ~'~ ~[ c,.c ~. ~ alp -~~c~ _ N ~{J-\}1- ,• \ [ ,~ L i~ .ode jj ~~ mrc Phoaa- ~~scas F'.6an,r ---~,°-. - l.lZ •3~ `~~ ~ ~P~.c~i'~(~t~ss: f'.+e3tPI>~n~r, F~ _ ~ ~fYl~lrler~,m wa -t J~4~-~-~ ~ Ir~-UU ~ ~C'~1~~ l~Q C.i N ~ T ~ •S _U 3i1>~a~ ~~ you inEC+d xcr~? 1:'fr„ !se list in order of p m~ _ ~- list ai! ~ B.rs,~ nv V ~~O ' _~~>-Z,._..~t.(~,~ i you xcc a~nrnt~p serving a~ hav~a pr o~ sttved (Ylcase incIud~ dares j . 3. 1~..cafienal ~~ti0ar. ~ ~_ ~~ Ct_ (~.~.~.~ - . '" _ ... ltx. last arty lambed profFasie ~ cc-~fit~~sns aui~e~ orh~;c~± ~-.,,, z,- _ i - ~ S e ~ ~ ~ ~ - -~--_. --------- 12 ~ri~e y~ p~~~ nr mo ~t zit - ~ -- - • ~' y~6 >~ pasuioa - yon ro s¢ve on t~s boatti: (Fleasr attars a fief =cs ~` ~t~ >.,~~ - - Y $-rtc~ su iLt ~ s is ire tru and I -~" ~bs~ca?n ~ ~ S ~t aadvadeistsud rat anymESSCatrmeac oEmatasl ~-ets ~~~IX2t i ( EfV~eA~i~~F"=Jr"'~'~~'~:pr.: ~Y$*l$ - ~ DhTL _ ~~ ~ >~ppIsc~tion -vri~l r r.-n it~e m th~#'a _.._t____~ ~ ~' ~~'~ ~,re for a pe~cxl of 2 T~ f`rem the iliac .it Stl~IIii37t'a., ~E W1~-CSC t3~ ~lcant's T~r~,nM~l~ ~ .~,.,; i- ~„~ ~ -, - -rr f° - i i _ _~titw _ ~ Iff ~F~f;.-I ' a~~ nn,.~,~. it .-~ - , -- , :.-. T:.: r ~ - :.:. . ,,,,- ,~ r .:a ~~ Bill Milner 3400 Place Valencay Delray Beach, FL 33445 561-637-8896- - Professional History 2001-Present US Census Bureau- Field Representative 1999-Present Pre-Paid Legal Services, Inc. -Independent Associate 1996-1999 - Mustapha's Wadi Catering Services- Co-Owner Education B.A. Interdisciplinary Social Sciences, USF, Tampa, FL can make a meaningful contribution to the Neighborhood Advisory Board for the following reasons: • I understand the need for and the mechanics of building consensus • Ability to work effectively with people from all backgrounds • Aware of the interests and concerns of our business community • Conscious of the limitations and the possibilities of public policy • Empathetic to the challenges to homeowners of modest means • I know what makes a community attractive to outsiders and welcoming -and comfortable for its residents DELRAY BEAp --~ rc.G~~v~ta '~'"~~ CITY OF DELRAY BEACH R ~ 2001 ~ ~ Ep 2 BOARD ML"-MBER APPLICATION ~`~~~ 7 993 Gl~ l 2007 G E llowi,n information: o~~~s ~~~`! ~/ Please a or nrtt the . v 1. Last Name: ~ Namee ,~' M I. z. How Address%/G' 9 ~~l ~ =~ ~ S~%. ~.~~ ~ s: ~~, 3. Legal Residence: Cary ~ State Zip Code _ / ~ ~~ ~ ~ a. Principal Business Address: City State Zip Code r` ~ / . , 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax. %:~7~--33i~ ~~~~ 7~S-S ~C~.~y~'~~LL`n, SG/-~~i-~-S~~'-S Sri-.:~r-~1~~~ ~~ 6. Dace of Birth 7. Are you a registered voter? If so, where are you rt:gisteted? n / ` ~ ~ fA ~ ~ ~C~ L..L'ccn Y $. What Board(s) are y`vu int/ereste~j servizzg?nPlease list in order of p fcrence: 9. List „;~. Cyr 10. Edt 11. List any Board on vv}lich you ere cuzrentfyserving or have previously ser~d (Please in~cludc dazes) J .E_' i qualifications: y ~ .~ / ~ ~ ~ S /' J7 CC) f' ~~/G: C_~1'" _7~i /? /L ~ ~!c l~ , p to al c 12. Give your present, or most rece~nc 13. Descsrbe experiences, skills or and licenses wtuc~ you yer and ~osition_ to serve on this board: {Please ~cn a I hereby certify that all the above statements are true, and I agree and understand tb~ any misstatement of material facts confaincd in thyC/application may cause forfeirur~ upon my part ~ ~}' appointment I may tcceive. ~S~GNATURk DATE Note: Thu application will remain oa- file rn the Gcy Qerl~s Office for a period o{ 2 years fram the date n was submitted. It will be the applicant's responsibiliryty ensure that a current applicauou is on fde. DELRAY BEACH ~ 0 0 iw-a~ac~y REGEIVEQ 1 ~ CITY OF DELRAY BEACH ~l ~ , ? 2006 ® BOARD MEMBER APPLICATION K 1993 CITY Cl-ER Zoos ~d~ .5~~/~-°~ ~~ ,~7 .lam/i~~ Please a or tint the folio infomnation: ! "l~-" ~ ~ / 1. Last Name: CSC S w1 - G ~- Name S a w- ~-e_~ IvL I. ~' 2_ Home Address: City t State Zip Code 3. Legal Residence: S a ~ City S Q w--~-. State Zip Code - 4. Principal Business Address: ~-~'~J.~.d City ~-- State Zip Code -- 5. Home Phone: 56-•330- g d-~a Business Phone: ~nk~ E-Mail Address: 'Z ~3 5 ~ ~b.ttso., Cell Phone: 5~ •ZS~ - 6?c~j Fax: ----. G. Date of Birth 7. Are you a registered voter? If so, where are you registered? , 8. What Board(s) are you interested in serving? Please list in order of reference: ~ - }s•n c f~lrt s cv.~ wE- s~ @~ J ~ tr h y L ~ U ~~ halt' ~r ~i i~'2 l~ ar. (2t-d ~ e.s 9. List all City Boards on which you are cunentiy serving or have previously served: (Please include dates) l3 fd uS'E-Mt~- ~ E"tOLJ ZDO K '7ia~ lv•~s $aawl `~ -~. 10. Educational qualifications: ~3 itck-.tor a ~~~- ~ ~n -,ti fl C~ ~ l . . J~ .1.et4 11. List any related rofessional certifications and licenses which you hold: -e ~ac~t, /-~ v vuQ 12 Give your present, or most recentemployer, and position: f-~a Itffit.~ .r c, Nvr ~+/eAll L l 13. Describe experiences, skills or knowledge which qualify you to serve on this boazd: (Please attach a brief resume) -G v Y-t ~... -eye ~ oM +.~ 15 C v r-t -t " G 1~ ~ t S Y~111 ~ju. 1, y-n vk e .:e-L. o ~h 14-Gd~' r~ ~b d ~~~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application map cause forfeiture upon my part of any appointment I may receive. °7~~ z~o,6 SIG DATE Note: This application will remain on file in the City Clerl~s Office for a period of 2 years from the date it was Samuel Resnick 2835 SW 13th Street Delray Beach, Fl. 33445 Ph# 561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Admuustration and code analysis. Theses courses were given by Building Officials and Code Administrators, International_ (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3.Organizations a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991-Private practice as Architect Engineer. c) March 19'78 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect Engineer. ' e) From 1939 t© -1957- (except for two years in U.S. Navy and three years in enginering school) worked for various architectural and engineering firms. FEE; ~=i^-?~=ir~^ 1?: ~Ct A G EI~I~It~F'I~'=. _~ '=,Gil l'=; 1 ~r.l ~ ^-3 ':'-i'.+ ~ F'. t3~. r~-3 DELRAY BE4CH Q ~~ ~ ~'' ~-~~,~ R~~' j j CI'T'Y OF DEl.RAY BEACH B ~ -~ ?p07 ® BOARD MEMBER APPLICATION~E ~K 7993 CITY ~~-~ zoos ~~ please a or tint the follo.yi infarmatioty. ~/~ ~~ D 1. Luz Name: /~/ 9 NTQ 5 Name ~ M. 2. Home Address: l /+ `~~ lv pA-~SON l~J C'~' State Zip Code 3- Legal Residence: DEi:(ZfFt( ~~ ~CFF FL a3Y~ S ~~ Sate Zip Code 4. Prinapal Business Address.' C'~ State Zip-Code 5- Home Phone: Business Rhone: E-Mail Address: Ce11 Phone: ~p ! Far: JZ[ / ~~ ~ ~ '7 ' ~~ ~i a- ~'tfAS~~ Cd ~S.Ca•-~ 5l lv 7 34 6. Date of Birch 7. Are you z registered Voter? ~ ?YQ 7 f so, where are you registered? 8 5 ~ ZS ~4frn c~ Co -. 8. Wh~c Boacd(s) are you interested in se ~ Y ruing- I'lcase Iisc in order of Prefetencc: Ed ~i0 Pia~in~fl 'tZ9rti~1 1UCr hborhBOd t ~if-P PIQ~ ~--Qev,-ew List aII City 33oarcLs on vrhich you are eurrcn$ sc Y King or haves previously server,L• (Please inrlu$e datrs~ N~~ 10. Educational quali$r~ncu: DGt l ~ ~ SC ~ Ce i ~ S.S ~' - 11. List any related professional cera6earions and licenses which you hdd: S r•tS '7 * ~¢. LiF~ NlRlf~ +-1tQlr4,~1f ~nq~,•~e 3 12. Give your present, or most recent employes, and Position: -C~ - Edwards fi ~hs~ Zn~ ~'n~~lGal ~dWlsul Pant 13. llescribe czpeticnces, sldlls or knosrledga dhich qualify you m serve on chi; board: (t'Iease attach a bncf resume) e resume I hereby certify rbar adl the zbovz statcuicnry uc ~. and I ao ee and understand chat contained in this application may c;nsc forfeiture u on m an3' misstacemenc of material Eac~ P Y l~ of any appointYr-cnc I may rr:ccive_ SIGNATU1tE _D bti?E . - ~: This application vrill rcrcy~rl on file in rlte City Clerk's Office for a period of 2 years from the date is was submitted. It will. be the applicant's responsibility co ensuze that a cuzr~r applicadon is on file. FEE:-~=1^, -?rtri ; 1 ~ = ~~? H G EDLdHPD ~~ ~=,n1 IS ~ - ~ ^ February 7, 2007 Dear City Commissioner(s), It is my pleasure to seek membership into one of the following advisory boards: Education, Planning & Zoning, Neighborhood and Site Plan & Review. As a resident of De]ray Beach for the past three years, I have decided to commit myself to the betterment of this great city in which I live. As a Bexley Park resident, I know first hand the power of a city working together for its residents and hope to take part in future accomplishments. I have always been involved in communities where 1 live because I feel that it is crucial to take an active role and believe in the improvement of such places. I know that I will be an integral part of any of the advisory boazds for which I may be selected. Some of m past experiences of leadership include serving as President of the Student Advisory Board at Qulf Coast Community College in Panama City, Florida. In this position, I oversaw a group o1~25 students in developing, coordinating & implementing activities for the college. Together, we fostered an environment for students to take active participation within our college. Not only did we promote student development and involvement, we served our community through volunteering. I am a participant in Leadership Delray and volunteer to assist the Education Foundation Committee in planning the Annual Education Foundation Auction. This is just an introduction to playing an active role in my community. I wish to further this by serving as a member of an advisory board- It takes initiators, such as me, to help organizations succeed which I plan to do for the City of Delray. 1 have served on various boards throughout my educational years and comprehend the importance of dedication required of members. I now plan to include this aspect into my personal & professional ti:fe and ask that you consider me for a member of the Advisory Boards. Cordially, ~~~~ Ria Santos FEE:-ri^-?n~~7 1 ~ n A G EDL,-AP.Le~ 4 r~_q J, 1 c61 ~ -i ~ -t9 ~ F. ~i-1. rt-t Ria Santos 4636 Ranson Way Delray Beach, FL 33445 Tel: 561.516.0788 WORK EXPERIENCE A.G. Edwazds & Sons, Inc Boynton Beach, FL Registered Fi~:arecial Associate Financial Consultant Email: ria.santosQagedwards.com November'03 -Present ~- Assist individuals in developing retirement/investment strategies ~- Work with businesses in implementing Retirement Plans + Assess clients' investment needs and goals ~- Conduct educational workshops + Service clients' specific issues relating to their portfolio Aeon Corporation August'U2 - September'03 Nagano, Japan Foreign English Teacher + Teach conversational English to students, business professionals and housewives ~- Prepared/developed lessons unique to various levels + Worked with Japanese Teachers to develop curriculum ~- Helped students progress with the English language ACHIEVEMENTS ~ ORGANIZATIONS ~ Cum Laude {b Student Leader of the Yeaz E9 President -Student Activities Boazd ~ Senior Class President ~ Phi Theta Kappa ~ Volunteer UCF ~ Rotary International, Delray Sururise ~ Delray Beach Chamber of Commerce ~ Leadership Delray participant A~ Habitat For Humanity ~ Women For Excellence -~ Catholic Counsel of Women ~ Florida Women s Business Center Advisory Boazd V LLM~ YV1V~ ~ . , o ~ . o . ancac~ey 1993 2001 ~-.~~ /.-u~''t-- ~/ ~z~ ~ 3 7~~ CITY OF DELRAY BEACH ~~~ J ~~ BOARD MEMBER APPLICATION ~~/~°~"' ~~; ~~ Please tune or tirint the following information: ~~~/~ APR 0 7 2005 1, Las ame: ~~~ Name ~ 2: Home Address: w / ~~~~ ~ ~ v~ ' V City, ~e _ , / ~q.P~ ,( State/ v J ~~C~ode~,_ /~ f 3. Legal Residence: .~m-~ Ci tp ta te S Zip Cod e 4 Principal Business Address: City S~,tCate~ Zip Code S. Home Phone: a ~~ ~ ~~a Business Phone: ~~a ~ 9. ~- E-Mail Address: Cell Phone: Fax: G. Are you a registered voter? If so, where axe you registered? 7. What Board(s) are you interested ~ sewing? Please list in order of preference: ~ ~ ~ ~ Q 8. List all City Boards on which you are currently se ~ g of have previously served (P ease include dates) 9, Educational qualifications: ~ ~iy~{~y~ <!~iz~ 10. List any related professional certifications and licenses which you hold: !~ 11. Give your present, or most recent employer, and position: Ours-~ ~ t~ ~ ~ ~-~. 12. Describe experiences, skills or knowledge which qualify you to serve on this board lease attach a brief resume I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this applica ~on may cause forfeiture upon my part of any appointment I may receive. ~ .5~ b ~~ ..T. , ~ ;NATURE DA ~ b ~" ; _ z ~_ r ~ 2'G Note: This application will remain on file in the City Cierk's Office fox a period of 2 years ftotri the d~t~ i~ submitted. It will be the applicant's responsibility to ensure that a current application is on file. S1Q~c[y~itlpBF~ 'liON OEiRAY 6FACH e . A1~~Ip~ 1 7993 2001 ~i ~w ~~iylii~ i ST/'1.r3~ YP /,~~ ~~~~~~~ CITY OF DEI.RAY BEACH FE BOARD MEMBER APPLICATION B 0 9 TOD6 Pkzse type or print the foIloeving infotrnadon: f~'~ ~~ ~1%u~ '~~_~ C I. last Name; U`J i i I 1 ~,pY"1 S 2. Home .Address: 3 Le al R id Name ~c~e1 ~ G M I_ . g es ence: ,-, .J ~~~~ City Sratc 'Lip (,ode 4. Ptirxipal Business Address: City State Zip Codc S. Homc Phone: ~?~ l ~7`~'- ~[ t~{ a Business Phone: ~J~~- Mail Address: wrrls @ ~~f . ice,. r~ t' Cell Phone: ~/~,q pag: N~/~ 6. Are you a registered Voccr? ~~ If so, where are you registered? 7. What Board(s) arr_ you inter~ced iu s ?Please list in order of ptefezencc: ~ n cG~~v~~~~:,,~ 8. 1:~st all Cory Boards nn which ou are - dy servinig or have previously served: (Please include dates) Cam, m ~~~ - T-vs~ - h c ~< <Ic ~ .Y,, 9. F.,ducadonal qualifications: _ lU. List ao related mEessional certifteations and licrnses which you hold J ~-1. - 11. Give our,,Tpresent; or most renc~ent employer, and_positiorc V'~ ~~' .~ ~ .. Y. i ~ ~ l 1~ Ism c ~~ ~ ` 12. Decetibc caperie~nces, skills or knovr]c-dam ~~ qu~~, you to se~CVe on this board atrich a brief reaomc). I httzby certify that all the above staccments are tzuc, and I agree and understand that any misstarement of macerial facts y awned in tiffs application may eauwe forfricurc upon my put of any appoimm~cnc I may receiv4 ~, r- ~ t.~. ~l r ~ U ~ 'i,Lt~ ~SI NA RE ~ DAIE c Noce: This application evil] remain on file in the City Cter$'s Oi~cc for a period of 2 years from the date it was submitted. Ic will. be the applicant's responsibility to enstu~c that a current application is on file_ scrram~xwow~nKmx.nor+ _i~_ /rte DEl_RAY B~ACH ~~°~~~~ ad,a~cac~gr ~ 1pp~ j ~ CITY OF DELRAY BEAC~ ~~ . ® BOARD MEMBER APPLlCATIOeN L~ ~~``~~,,~r'~Lc/~ G %9~" 2ooi ~'~~~ ~ ~ ~J~ Please cvt~e nr mint the fnllnmino i.,fr„-rr,ari..n- ' 7~/ / Cl 1. Las Nam - - e - . M. L . 2. Home ddress: S Lt) ~' City ~ l State Zip Code e L 3 .4 3. Legal Residence: s C `~ City ' State Zip Code ~ ~ v ~ ~l dam F~ ~~ 4. Prindpal Business Address: City State Zip Code 1 ~Gao ; ; r l Ica; ~ef~- ~~ ~,3 ~ S. Home Phone: usiness Phone: E-Mail Address: Cell Phone: Fax: ~SZo~ -Z b 5 37 - Ose G. Date of Birth 7. Are you a registered voter? ~ If so, where are you registered? 8. _ What Board(s) are you interested in serving? Please list in order o ,deference: , ~ r g r So ry __ --- . .. .,, , _ . . . _ .: _ ~ 9. Last all City Boards on~wluch yi1~, are currently se4ding or have previously served: (Please in Jude dates . ~ 10. Educational qualifications:. . `.. . S , na 11. List any related rofessional ce iieations and licenses whi ou hold: 12. Give. your present, or most recent employer, and position: ~-~a-e ~' L -~ be -~ o Ed.uc~a.~'© ~ ~~ Y o V a~' oraal e ' ; ~l' 13. Describe experiences, skills or__kn__o11w~ledge which qualify you to serve on this board: {Please attach a btrief resume) ~ L _ 1 {. ~.t't~" ~ ~ ~t ~C, ~1 1 I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material Eacts contained in this ap tion may cause forfeiture upon my part of any appointment I may receive. j ~ O •SIGNAT[JRE DATE Y~1 <:1 r~~~c: irus appucanon wiu remain on u-e in the Caty clerk's Uthce 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. PI~,LIS WII,LINGHAM_ 714 SW 6 .Avenue Residence:- .561.7.1fz.til~3 Delray Beach, FL 33444 Email: PEWillingham~a aol.com OB.TE_CTIV>~ Counseling Coach or position extending my academic background for my Master's of Science degree. BACKOROIJND ~iTlVilvrARV Detailed-oriented, Records Management Professional with extensive experience in the Workers' Compensation industry. Diversified leader with the proven ability to access, evaluate, and make decisions pertaining to records retention and storage. Hands-on recordkeeping knowledge apd experience in developing and implementing scanning and imaging. system in Records and Information department. Actively coached and developed staff with a proven ability to transfer job knowledge and skills to all levels. Wrote and published departmental procedure manual. Currently in the process of transitioningprofessional careerpath to Counseling/Psychology. PBOFESSIONAI~ ~.XPEIIIElYC~ DIVISION of VOCATIONAL REHABILITATION, Delray Beach, FL 2005 -Present Varationnl.RehabiJitation ~Cnunselar_ • Counsel mentaUphysical impaired individuals toprovide vocational rehabilitation services • Interview and evaluate mentaUphysical impaired applicants • Confer with medical and professional personnel to determine type and degree of impairment, eligibility for services, and feasibility of vocational rehabilitation • Accept or recommend acceptance of suitable applicant • betermine suitable job or business consistent with applicant's desires, aptitudes, and physical, mental, and emotional limitations • Plan and arrange for applicant to study or train for job • .Assist applicant withpersonal adjustment throughout rehabilitationprocess • Aid applicant in obtaining medical and social services during training and afterplacement NCCI, Boca Raton, FL 1987 - 2004 ~IVational Council on Compensation Insurance Holding, Inc.) Adrainishat~veAssislanxll • Administrator for electronic off-site storage system • Managed andpublished information/news articles as requested using oiiline news service • Provided research and analysis to seven corporate lawyers • Prepazed and maintained weekly departmental reports • Responsible forprogram administration of the records retention schedules K-MART CORPORATION, Delray Beach, FL ~ 1981 -1986 Layaway Clerk Leader • Supervised and evaluated apart-time staff of four • Processed Account Payable/Receivable • Processed customer orders using electronic layaway payment plan • Successfully resolved customer problems and complaints SOUTHERN BELL, Delray Beach, FL 1978 -1981 Long Distance Operator • Answered inbound calls and responded to inquiries • Interfaced with external customers and provided quality service • Assisted customers with placing national and international, long distance calls PROJECT RESCUE, Delray Beach, FL 1975 -1978 Counselor. Aide • Mentored and counseled at-risk youths ages 11 to 15 • Referred youths to community agencies • Modified behavioral problems in school, community, and home Dociunented homo visits FDIICATION Master of Science Degree in Counseling Psychology .Courses include Foundations of Counseling Skills, Behavioral Research, Individual Human Development, General Counsel Theories and Techniques, Group Theories and Practice, Substance Abuse, Treatment Planning, Diagnosis, Appraisal, Assessment and Testing, and Psychopathology, Marriage Theory :and Techniques, Counseling Internship 1. Palm Beach Atlantic University -West Palm Beach, FL Bachelor of Science in Organizational Management with a Concentration in Human Resources Palm Beach Atlantic University -West Palm Beach, FL Graduated.eum laude.. SKILLS MS Word Accounts Payable Ami Pro MS-~~- AceQimtsBec~ivable. Adstar_ MS Outlook Data Entry Lotus Office a Suites MS PowerPoint Alpha/Numeric Filing. Word Perfect Internet. Email Eactiva. r - - - - - - - 1993 2Of11 Please type or print the followul 1. Test Name: I . ~ ~ ; 7 CITY OF DELRAY BEACH ~,~~'~y~ BOARD MEMBER APPLICATION ~ infotmation: N ~~JQ /D //~/ w 1 ~-,~ p...~ M. 1- ~ - Home Address- / - SOZ ~ S - ' ~. l~ fl.~ ~r Ciry ~ ~l ~ 3 L l , / Sty Zi~ro~y ~/ ~ . ega Residence: City ~~~~ c State Zip Code 4. Principal $usuiess Address: Ciry S~Zv n• ~~~ ~~'~ ~~ ~a ~~ State Zip C~- ~L ~~ - > ~~ ~ 5. Home Phone: $usuless Pho/n/e: E-Mail .Address: Cell Phone: ~~~3~~ ~~ ~`t'ZCYP (~h/X.V/y~~ Fax: ~l-(p(~5-C~~' ~~ ~y-o Q 6. D ate o f Bitch 7. Are you a registered voter? If so, where are you ce~iste~:ed? / / s G 8. ~YJhat Doard(s) aze you interes[ed in serving? Please list in order of preference /~-I ~ 1 "t,~d~ C~ 9. lis[ all Ciry Boards on .Yluch you are alnendv servu~.g or havt previously served: (Please include dares) l0- Educational qualitic ~ , s: ~ ~ l ~ ~. 17. List any t rofcssi ~ceyti~a ~ ns and livens • which you hold: 12. Give out present, or most rfj~ent enlpl~jl_~r, and positi~on~: ,~/y,, 13. Describe caperietlces, skills or knowledge which qualify you to serve on this board: (Please attach a brief restune) V lc,C~Q~ ~c~~ l--~SC~l~'. ~~C i her . y certify that all the above statements a[e trite, and I agree alad understand that any misstatemt~yol~i~t acts contai ed in anon ma f f i ~ 1 p . y cause or e ttue upon my part of any appointrnen[ 1 m y r eive, ' GNa rRE ~ DAIS v i.vic. i lug a~~tl,ll.~iuvll will ICmay.l vn cue m ule Llty t_lerx s vtnce for a period of ?years from the date 1L [vaS submitte.d_ ).t will be Chc applicant's responsibility to ensure that a current application is on file. Jenniler L. Witt SU28 South C.hrysrie Circle Delray Beach, FL, 33484 Honte: (S61) 33U-3%6?, Mobile: ("561) 665-0079 FDIICAT[ON UN[VERS[Tl' OF FLOR[pA~ Galnesvillc, FL PROFESSIONA[, WORK FXPERIENC bachalor of Science. Psychology. American Red Cross, Greater palm Beech Area Chapter Boca Raton, FL (September 2002-presant) an S th -oun S vie Ce r S_50,000 budget and management of 3 full time officeyta~bincemslartd 600 volur~tccrs. C>tzhccrf'undraising effnrtsl that incorporates three Florida chits. Responsibilities include Marketing, Public Relations, Community Outrebch. ('ustomcr Service, board of Director Liaison, Advocacy, Donor Development, Volunteer Management and Program Devzlt~pmcnt, Human Resources and Operational Finances, Emergency Services f~c[ivery and Disaster Rdicf Field Work to service area of over 400 million, Muscular lly~trophy Association West Palm $tach, FL (April 2000 -September 2002). Manafer o[ Programs- Responsible for an annual 5200,000 budget, srrvicc are included throe Florida counties. Managed ti~ur department full time and three part-time staff. Facilitated curd mAna.ged national annua] fund-raising programs. Screed as Southeast region point person for IAFF National Represcntativc for Fill the Boot Campaign. Proven track record for 87°~d arutuul program net growth, Rccroitcd and cultivated S ncw• local corporate sponsors. MDA national campaign and pmgram trainer, uacel required. Managed volunteer rccruitn~cnt and training. Born & Blcltnell, Physician Recruitment Firm Boca RRtOn, FL (llecentbar 1997 -April 2000), Senior National Physician Recruiter Managed national cotporatc contracts, refetTal artd contingent based, Recruited medical interns, residents and attending physicians for national job placement -n all practice fields. Negotiated signing fees and contract incentives. Achieved company's top three highest biller, FiTy-t in company to negotiate highest corporate contract fee. Trainr-d staff in sales ttrrd delivery [opic;. Traveled throughout nation for corporate contract sight visits. National Health Care Consulting Firm Washington, DC. (May 1995 -November 1997). Executlra Assistant, Assistant tt»d liaison to executive and department staff. Instrumental in creating legislative proposals artd notional health care grants. Complied statistical data and meeting minutes to create presentationel reports t+ttd graphs. Secured all conference. and travel arrangements for senior staff. CERTIF[CAT[ONS Adult/htfsttt! Child C'PiR AEU, First Aid h1Eb1BBRSHiPS L1ni~ersiq• of Florida Alumni Association, LeaAership Boca 2005, Junior Ltaguc Boca Raton. Woman s Wellness Sociery Contra! Boca Chapter, Mernbtr of Women that Win. Member of Young Professionals Boca C'hambcr and serve on advisory panel, Member of Chambers for Ciry of Hoca, Delray F3cach and Boynton Beach, Successful Womart in Business Training, Coaching Bocti a Coaches 2003 and 2007. Dale Carnegie (raining 1999, 2002, 2004. 2007 PERSONAL DATA Tra~clcd extcnSively through Europe and thtited States. Special intcresu in Bikram Yoga, outdoor recreational exercise, interior design. fashion, cooking, volunteering, special event planning skills for charitable organizations. Skilled in Miansoft word. EXCEL. Prover Point, Outlook. REFERENCES Available upon request. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS /J FROM: CANDI N. JEFFERSON, SENIOR PLANNER !.~`~~~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING a THROUGH: CITY MANAGER ~", DATE: OCTOBER 11, 2007 SUBJECT: AGENDA ITEM # ~ D• ~ -REGULAR MEETING -OCTOBER 16 2007 CONSIDERATION OF A REZONING REQUEST TO ALLOW A MODIFICATION OF THE BLOOD'S GROVE SPECIAL ACTIVITIES DISTRICT (SAD) ZONING ORDINANCE _NUMBER 51-95, IN CONJUNCTION WITH A NEW MIXED-USE DEVELOPMENT KNOWN AS MIDTOWN DELRAY CONTAINING 116 TOWNHOUSE UNITS (OF WHICH 32 UNITS ARE SUBJECT TO THE FAMILY WORKFORCE HOUSING ORDINANCE) AND 29,571 SQUARE FEET OF MEDICAL OFFICES PURSUANT TO LDR SECTION 4.4.25. ITEM BEFORE COMMISSION The item before the City Commission is consideration of a modification of the Blood's Grove SAD (Special Activities District} Ordinance 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). BACKGROUND On September 19, 1995, the City Commission approved on second reading Ordinance 51-95 which established the initial zoning classification for Blood's Hammock Grove which consisted of an initial zoning of PRD-5 (Planned Residential Development), RM-8 (Residential Medium Density, 8 du/ac), OS (Open Space), and SAD (Special Activities District). This ordinance established the uses allowed on each of the four parcels on the property. The project site was subject to a SAD zoning classification which allowed uses including industrial, office, commercial and residential uses. Development of all but the SAD portion has occurred. The applicant is now seeking a rezoning and modification of the associated uses to allow 29,571 square feet of medical offices and a 116 unit townhouse development. In addition, the applicant is seeking the following four waivers: 1. A waiver to provide relief from the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance [LDR Section 4.6.9 (D)(3)(c)(1)]. 2. A waiver to reduce the required roadway pavement width from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)]; City Commission Documentation: Meeting of October 16, 2007 Conditional Use Request for SAD Rezoning of Bloods Hammock Groves for Midtown Del 3. A waiver to reduce the required 25% preserved natural plant communities requirement to 18.62% [LDR Section 4.6.16(D)(2)(b)]; and, 4. A waiver to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street internal to the project [LDR Section 6.1.3(D)(1)(b)]. REVIEW BY OTHERS The Planning and Zoning Board held a public hearing on the rezoning request at its meeting of September 17, 2007. The Board recommended approval of the rezoning request by a vote of 6 to 1, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan, subject to the following conditions: That significant aesthetic improvements are made to make the architectural elevations more visually appealing • That the density of the proposed Midtown Delray development does not exceed that which was originally permitted in the Bloods Hammock Groves Ordinance 51-95 (12 units per acre) The Board recommended approval of Waiver #1 to reduce the stacking distance at the Office Building parking lot entrance from the required 50' to 48' [LDR Section 4.6.9 (D)(3)(c)(1 }], by a vote of 5 to 2, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(6)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. The Board recommended approval of Waiver #2 to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)], by a vote of 7 to 0, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(8)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. The Board recommended denial of Waiver #3 to reduce the required 25% preserved natural plant communities requirement to 18.62% [LDR Section 4.6.16 (D) (2) (b)], by a vote of 2 to 5, based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(6)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. The Board recommended approval of Waiver #4 to provide a sidewalk on one side of the, street instead of the required sidewalks on both sides of the street [LDR Section 6.1.3 (D)(1)(b)], by a vote of 7 to 0, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(8)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. The Board recommended denial of Waiver #5 to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard [LDR Section 4.3.4.(H)(6)(b)(4)], by a vote of 3 to 4, based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(8)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. Subsequent to the recommendation of denial of Waiver #5 by the Board, it was determined that relief from the required thirty foot (30'} landscape buffer is not deemed necessary. 2 City Commission Documentation: Meeting of October 16, 2007 Conditional Use Request for SAD Rezoning of Bloods Hammock Groves for Midtown Delray RECOMMENDATION By Separate Motions: Rezoning Move approval of the SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject property by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 4.7 (Workforce Housing) of the Land Development Regulations. Waiver #7 Move approval of the request for waiver to LDR Section 4.6.9 (D){3)(c)(1) to allow forty-eight feet (48') of stacking instead of the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5) of the Land Development Regulations. Waiver #2 Move approval of the request for waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5) of the Land Development Regulations. Waiver #3 Move denial of the request for waiver to LDR Section 4.6.16 (D) {2) (b) to reduce the required 25% preserved natural plant communities requirement to 18.62%, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.7(6)(5) of the Land Development Regulations. Waiver #4 Move approval of the request for waiver to LDR Section 6.1.3 (D)(1)(b) to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street internal to the project, by adopting the findings of fact and law contained in the staff report, and finding that the req-nest and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8)(5) of the Land Development Regulations. Attachments: Location Map Zoning Map Ordinance No. 46-07 Planning & Zoning Board Staff Report of September 17, 2007 Letters of Objection 3 r OSR F R-1-AA OSR R-1-AA OS LINT 0 N P CF POC ~ O O~ ~oa~, ~ ~ o ~-~ -~ {~ ~'s.. k~4RT ~ $~. r ORIVE ~ ,r} r~~~; - +} ~ S` CF ~~. ~' ~ , ,~ „~ ~. w UR. ` ,. .~~~ O S R , ~, ~;~., ~ -8~ ~{ cF C OS m de ~~~ HAMMOCK CANAL L- ~N OSR N MIDTOWN VILLAGE ~- 1~ 4600 LINTON BOULEVARD GTY of DEUiAY BEAGi, FL SUBJECT PROPERTY EXISTING ZONING MAP PLANNING k ZONING DEPARTMENT - D/GITAL QISF MAP SYSTFM -- MAP REF: LM1008B B O U L E V A R D CANAL L-36 O(O ~p BfgN~HO ~~ cep SHERWOOD BOULEVARD H ~ W d W {Z2~j J LAKENEW BOULEVARD AKENEW DRIVE PALM FOREST ORI NORTH AREU pRIVE NORTH ~~ N rc ~ U DRIVE ~ rc a ST ORI SOUTFI AREUA ;DRIVE ti d 3 j ~~. ll ' ? L I N TON < B O U L E V A R D ~ '` ~r+, ~i 4 d q s ~~ i~ CANAL L-36 B H ~ i ' ~ 1 p-f ~ ?~.._. TEMPLE DRIVE ^~_ .~ •~ ip i „'._~ ~IIw. ~~~V y Q~ ~ BLOSSOM DR. f ~~~~~ ' .~ c ~°,,~} ~ ~ e~ 4 ~. [- ~ Y ~~ x Ff.Z ~ ;: ~« W ~ J ~pp n 0 LANELANO DRIVE U 2 U 3 VI O A ~1 p O O 3 ~ W HAMMOCK p V'kfiyp.~ OP\yE ; VI O O F S.W. 2JR0 ST. O n ~ l~ aQ- DRIVE HAMMOCK S. W. 24TH LN. DAMN ~, a CANAL L-37 ~4`'~O N MIDTOWN DELRAY ~- ~ 4600 LINTON BOULEVARD GTY OF DEIRAY BEAGi, Fl SUBJECT PROPERTY LOCATION MAP PLANNING Et ZONING DEPARTMENT -- 0/C/TAL BAS£ MAP SYS7EM -- MAP REF: LM1008 ORDINANCE NO. 46-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD SUBSECTION (9) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.D.s; AMENDING ORDINANCE NO. 51-95 BY REPEALING SECTIONS RELATED TO THE BLOOD'S COMMERCIAL PROJECT MASTER PLAN AND PROVIDING FOR REVISED REGULATIONS GOVERNING THIS SPECIAL ACTIVITIES DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, Midtown Delray, LLC is the fee simple owner of the parcel of land as more particularly described herein; and WHEREAS, the subject property hereinafter described is within the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the subject property hereinafter described presently has a Future Land Use Map (FLUM) designation of TRN (Transitional); and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board for the City of Delray Beach, as local planning agency held a public hearing and considered the subject matter at its meeting of September 17, 2007 and voted 6 to 1, to recommend that the requests be approved, based upon positive findings; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Blood's Grove Orchard Ordinance 51-95 which establishes the Blood's Grove S.A.D. is modified by Ordinance No 46-07. 1 Section 3. That Sections 4, 5, 6 and 7 of Ordinance 51-95 are hereby repealed. Section 4. That the property affected by this ordinance is described as: A parcel of land in Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows; Commence at the Northwest corner of the Plat of Foxe Chase, as recorded in Plat Book 38, Pages 1 and 2, of the Public Records of Palm Beach County, Florida, thence South O1 °30' 15" East, along the West line of said Plat of Foxe Chase, a distance of 707.79 feet; thence South 88°29'45" West, a distance of 600.00 feet; to a point on a line 600.00 feet West of and parallel to the West line of said Plat of Foxe Chase said point also being the point of beginning; thence South O1 °30' 15" East, along said parallel line, a distance of 74.40 feet; thence South 88°29'45" West a distance of 22.30 feet to a point on a curve concave to the Southeast, with a central angle of 36°51'34" and a radius of 150.00 feet; thence Southwest, along the arc of said curve, a distance of 96.50 feet; thence South 51°38'11" West a distance of 32.98 feet; thence North 38°21'49" West a distance of 165.99 feet to a point of curve concave to the Northeast with a central angle of 37°03' 10" and a radius of 370.00 feet; thence Northwest and North along the arc of said curve, a distance of 239.28 feet; thence North Ol°18'39" West a distance of 248.80 feet to a point on a curve concave to the East with a central angle of 12°52' 11" and a radius of 220.00 feet; thence North along the arc of said curve, a distance of 49.42 feet; thence North 11°33'32" East a distance of 206.78 feet; to a point of curve concave to the West with a central angle of 12°52' 11" and a radius of 300.00 feet; thence along the arc of said curve, a distance of 67.39 feet; thence North O1 ° 18'39" West a distance of 152.80 feet to a point on the South right-of- way line of Linton Boulevard; thence North 88°41'21" East along the said South right-of--way line of Linton Boulevard, a distance of 457.02 feet to a point on the North right-of--way line of Germantown Road; thence South 69°58' 19" East, along the said North right-of--way line of Germantown Road, a distance of 46.93 feet; thence South Ol°30'15" East a distance of 407.76 feet; thence south 43°29'45" West a distance of 196.15 feet; to a point of curve concave to the Southeast with a central angle 45°00'00" and a radius of 380.00 feet; thence Southwest and South, along the arc of said curve, a distance of 298.45 feet to a point on a line 600.00 feet West of and parallel to the West line of said plat of Foxe Chase; thence South O1 °30' 15" East along said parallel line, a distance of 116.72 feet to the point of beginning. Containing 429,555 square feet (9.861 acres) of land, more or less. Section 5. That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed Uses and Structures," approval for the subject property described in Section 4, above, is hereby granted for a mixed use development including a 29,571 sq. ft. medical office building, 84 market rate residential townhomes and 32 workforce residential townhomes. Section 6. That the development of the property described in Section 4, above, shall be in accordance with the site and development plans known as Midtown Delray as approved by the Site Plan Review~and Appearance Board. Section 7. That structures (dwelling unit groups) shall not be located closer than 2 twenty-five feet (25') from each other. Section 8. That any future modifications to the approved Midtown Delray site plan which are not substantial and which do not deal with intensity or type of uses shall be reviewed by the Site Plan Review and Appearance Board and processed as site plan modifications. Section 9. Waivers for this SAD shall include waivers to the following sections if approved by the City Commission by separate order, which as approved or denied, shall be deemed to be an exhibit hereto and incorporated as if fully set forth herein. 1. LDR Section 4.3.4 (H)(6)(b)(4) 2. LDR Section 4.6.9 (D)(3)(c)(1) 3. LDR Section 4.6.16 (D)(2)(b) 4. LDR Section 6.1.2 (C)(3)(a) 5. LDR Section 6.1.3 (D)(1)(b) Section 10. That Section 4.4.25(G}, "SADS," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to add Subsection (9), ~9) Midtown Delray, Ordinance No. 46-07. Section 11. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 12. 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 13. That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. ATTEST MAYOR City Clerk First Reading Second Reading 3 EXHIBIT "A" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MIDTOWN DELRAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on October 16, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Midtown Delray. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVERS: Pursuant to LDR Section 4.3.4.(H)(6)(b)(4), along Linton Boulevard, from A-1-A to the western City limits, a special landscape area shall be provided. The landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). The Applicant has requested a reduction of 14' from this requirement. Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between aright-of-way and first parking space or aisle way in a parking lot that contains 51 or more spaces on any street is fifty feet (50'). The proposed development provides forty-eight feet {48') of stacking along Park Access Road at the Office Building parking lot entrance. The Applicant has requested a waiver to allow the 48 foot stacking distance. Pursuant to LDR Section 4.6.16 (D)(2)(b), a portion of native communities are to remain for preservation and promotion of existing plant communities when natural plant communities occur on a parcel of land which is to be developed. At least twenty-five (25%) of the required open space must be in the form of preserved natural plant communities. The Applicant has requested that this requirement be reduced to 18.62%. Pursuant to LDR 6.1.2 (C)(3)(a), the minimum roadway pavement width is twenty four (24) feet. The Applicant has requested the roadway width be reduced to 20' as opposed to the required 24'. Pursuant to LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of the street may be reduced to installation of a sidewalk only along one side of the street. The Applicant has requested a waiver to allow a sidewalk on only one side of the street. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.3.4.(H)(6)(b)(4) comply with the requirements of Section 2.4.7(6)(5)? Yes No. Would the waiver of Section 4.6.9(D)(3)(c)(1)cnmply with the requirements of Section 2.4.7(B)(5)? Yes No Would the waiver of Section 4.6.16 (D)(2)(b) comply with the requirements of Section 2.4.7(6)(5)? Yes No Would the waiver of Section 6.1.2 (C)(3)(a) comply with the requirements of Section 2.4.7(8)(5), with the condition, as set forth in Section 6.1.2(C)(3)(c), that the City Engineer and Fire Marshal recommend approval of the reduction in that the 24' width is not feasible or would constitute a hardship and that the reduction would not endanger the public safety and welfare? YesT No Would the waiver of Section 6.1.3 (D)(1)(b) comply with the requirements of Section 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.3.4.(H)(6)(b)(4) 4.6.9(D)(3)(c)(1) 4.6.16 (D)(2)(b) 6.1.2 (C)(3)(a) 6.1.3 (D)(1)(b) 6. Based on the entire record before it, the City Commission hereby adopts this Order this 16`h day of October, 2007, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 5 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 17, 2007 AGENDA ITEM: Iv. A. ITEM: Modification of Blood's Grove SAD (Special Activities District) Ordinance 51-95 in conjunction with a new mixed-use development , known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices. GENERAL DATA: . i ~ Owner/Applicant ....................... Midtown Delray, LLC ~ Location ......................... ............. southwest corner of Linton Boulevard -s, „ B O U l E V A I and Old Germantown Road ~ Property Size .............................. 9.861 acres Existing FLUM ................ ........... TRN (Transitional) Proposed FLUM ............. ............ No Change Current Zoning ............... ............. SAD (Special Activities District) - Bloods Grove Proposed Zoning ............ ............ SAD (Special Activities District) - .Midtown Delray ~,„.a„ BOU LE VARO Adjacent Zoning .............. ..North: RL Multi le Famil Residential -Low E ( P Y °~ ~~ ~ ~ ~,.~~ ~ Density) `J; ~ East: OSR (Open Space Reserve) ~: 4=t~ t S outh: CF (Community Facilities) West: RM-8 (Multiple Family Residential - 8 O units per acre) 0 Existing Land Use ........... ........... Primarily Vacant Land with Vacated i Industrial and Retail Structures O Proposed Land Use .................... Mixed Use Development ~/~/ CA„AL ~- Water Service ............... .......... Existing on site via an 8" and 12" `/ water main and several fire hydrants Sewer Service ........................ Existing on site via an existing 8" sewer main r (ti ~_ Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 1 ITEM BEFORE T'Hf BOARD The item before the Board is that of making a recommendation to the City Commission on a modification of the Blood's Grove SAD (Special Activities District) Ordinance 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). BACKGROUND ANALYST"S On April 18, 1994, the Planning and Zoning Board considered a Future Land Use Map Amendment (94-1) for 94 acres (Bloods Grove) from County MR-5 to City designations of 40 acres MD (Medium Density), 40 acres LD (Low Density), 10 acres CC (Commercial Core), and 4 acres OS (Open Space). These proposed designations would have allowed a maximum of 680 units. The accompanying development plan proposed 250 apartments and 375 attached single family units {total of 625 units). The Planning and Zoning Board had concerns over the proposed intensity. The Board recommended the proposal be modified to 64 acres of Low Density, 16 acres of Medium Density, 10 acres of transitional, and 4 acres of Open Space. Under this scenario a maximum unit count of 519 units would have been allowed. The City Commission heard the request on May 17, 1994 and voted not to approve the amendment, citing concerns over the overall density of the proposal. On April 17, 1995, the Planning and Zoning Board considered a Future Land Use Map change for the same 94 acres from the County Land Use Map designation of MR-5 to City designations of approximately 51 acres of Low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres of Transitional. The zoning designations accompanying the FLUM amendment allow a maximum of 488 units and low intensity commercial uses. The FLUM amendment that was part of 95-1 was recommended for approval. On May 2, 1995, the City Commission approved transmittal of the request to DCA. On July 17, 1995, the Planning and Zoning Board considered the related annexation and initial zoning of PRD-5 (Planned Residential Development), RM-8 (Residential Medium Density, 8 du/ac), OS (Open Space), and SAD (Special Activities District) for Bloods Hammock Groves. The proposed residential zoning categories (PRD-5 and RM-8) will allow residential development at maximum densities of 5 and 8 units per acre respectively. The open space designation accommodated an existing hammock environment which was to be preserved. Under the SAD zoning designation (subject property) the following specific uses were approve: • Thirty-three thousand and five hundred (35,500) sq. ft. of Citrus Packing House, related office and retail uses (floral, fruit sales, gifts, and juice bar) subject to a maximum retail component of 10,700 sq. ft. • Additional retail sales such as convenience foods, household supplies, garden and lawn supplies, drugs and medicine, small appliance sales and repairs, baked goods, delicatessen goods, subject to a maximum of 5,000 sq. ft. of floor area allocated to a single retail use, or groups of retail uses not to exceed 20,000 sq. ft. maximum. • Provision of services such as: barber and beauty shop, dry cleaning limited to onsite processing for customer pick up only, dry cleaning and laundry pick stations, financing e.g. banks and similar institutions excluding drive-through facilities, Laundromats limited to self service facilities, equipment rental, newsstands subject to the maximum area devoted to a single tenant for service uses not to exceed 2,000 sq. ft. in floor area and the floor area allocated to groups of service uses not to exceed 10,000 sq. ft. maximum. • Up to 7,500 sq. ft. of restaurant use excluding drive-in, drive-through facilities. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 2 • Professional, medical, and general business office uses, • Residential uses as allowed within the RM zoning district (maximum 12 units per acre). • A maximum floor area for the combined uses is not to exceed 65,000 sq. ft. On September 5, 1995, the City Commission approved the annexation and initial zoning of PRD-5 (Planned Residential Development), RM-8 (Residential Medium Density, 8 du/ac), OS (Open Space), and SAD {Special Activities District) for Bloods Hammock Groves (first reading). On September 19, 1995, the City Commission approved in second reading Ordinance 51-95 which established the initial zoning classification for that parcel of land known as Blood's Grove Orchard. Development of all but the SAD portion (9.861 acres) has occurred. Pursuant to LDR Section 2.4.4(F)(2), more than 25% of the development has occurred and the overall plan including the SAD portion is considered vested. Now before the Board for action is a request for a modification of the Blood's Grove SAD (Special Activities District) Ordinance 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices. REQUIRED FINDINGS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map (PLUM). The subject property has a Future Land Use Map (PLUM) designation of TRN (Transitional) and a zoning designation of SAD (Special Activities District) which are consistent with one another. SAD Zoning is deemed consistent with any land use designation on the Future Land Use Map. The uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing developments, and with the proposed character of the area. This standard has been met. Pursuant to LDR Section 4.4.25(8)(1), all uses which are to be allowed in a particular SAD shall be established at the time of establishment of the SAD zoning designation through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approval by ordinance of the City Commission. The site plan depicts town house residential development and a medical office building. Modification of the existing SAD Ordinance to change the allowed uses to these uses (residential and medical office) is being processed as a rezoning application. These two uses are compatible with surrounding existing development and the residential character of the area. They are consistent with the adjacent development pattern to the south, east, and west of the subject property. Thus, positive findings can be made with respect to PLUM consistency. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 3 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. As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(D)(5) for the Rezoning 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 objective was found: Future Land Use Element Obiective A-7: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. By practice and policy, the SAD (Special Activities District) zoning designation is deemed consistent with the underlying land use as shown on the Future Land Use Map (PLUM). The PLUM designation TRN (Transitional) appropriately reflects the proposed land use medical office in the northern portion of the site as a transition to the residential component to be located on the southern portion of the property. Along Linton Boulevard, a combination of commercial, residential, and community facility uses exist. The modification of the SAD (Special Activities District) to accommodate the residential and medical office component will not negatively impact the existing land uses in the area. Transportation Element Policy A-7.3: The City endorses fhe continued operations of fhe Palm Tran Transit System and ifs operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran fo improve the system. Therefore, it is appropriate that a bus shelter easement be provided. A bus shelter easement along Linton Boulevard shall be provided and depicted on the site plan. In addition, a bus shelter shall be constructed according to specifications that will be provided by the City Engineer, and this shall be attached as a condition of approval in the site plan review and approval process. LDR SECTION 2.4.5(D)(5) -REQUIRED. FINDINGS: Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the rezoning will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 4 The following table identifies the zoning designations and uses that are adjacent to the subject property: Ad'acent Zonin Ad'acent Land Uses: North RL (Multiple Family Residential -Low Shady Woods Density) West RM-8 (Multiple Family Residential - 8 Hammock Reserve units per acre) East CF (Community Facilities) and OSR Fire Station and Orchard View Park (Open Space Reserve) South CF Communit Facilities Orchard View Elementa School The development proposal will not hinder development or redevelopment of nearby properties. The existing adjacent land uses are fully developed and will not be negatively impacted by the proposed development. It should be noted that the current proposal is less intense than the prior approval which could include residential development at the proposed density at up to 12 units per acre and office, commercial and industrial uses (packing plant) development up to 65,000 sq. ft. The proposed development does pose traffic concerns which include conflicts with the Orchard View Elementary School traffic which utilizes the same primary access road (Park Access Road) to transgress to Linton Boulevard. The future residents will experience difficulty in entering and exiting the development between peak operating hours of the school. 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 application/request. LDR Section 4.3.4(K) Development Standards Matrix -Nonresidential Zoning Districts: The following table demonstrates that the proposal complies with LDR Section 4.3.4(K) and Section 4.4.25, as it pertains to the Special Activities District (SAD) zoning district requirements: Develo ment Standard Re wired Provided Buildin Hei ht: Residential Com onent 48' 31'-7" Medical Offices 48' 46' O en S ace 25% 38.2% Perimeter Setback 15' 15' - 18' Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K)[Minimum residential floor area]. There 10 two-bedroom residential units with a size 1,418 square feet, each and 104 three-bedroom residential units with a size 1,906 square feet. Based upon the above, this LDR requirement has been met. Standard S . Ft. Provided S . Ft. Total Units Compliance with LDR Y N Efficient 400 1 Bedroom Units 600 2 Bedroom Units 900 1,418 10 3 Bedroom Units 1,250 1,906 104 4 Bedroom Units 1,500 Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 5 Special Landscape Setback Pursuant to 4.3.4(H)(6)(b)(4), Along Linton Boulevard, from A-1-A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). The proposed development does not provide a 30' landscape setback along Linton Boulevard and a waiver to this requirement has been requested. Subdivision Plat: Pursuant to LDR Section 4.3.3(0)(2), each townhouse, or townhouse type development shall be platted with a minimum designation of the interior street as a tract. Thus, a subdivision plat is required. The plat must be recorded prior to issuance of any building permits, and this will be attached as a condition of approval in the site plan review and approval process. LDR Article 4.6 -Supplemental District Regulations Required Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), the parking requirements for one, two and greater bedroom dwelling units within amultiple-family structure are to be provided as follows: Efficienc dwellin unit 1.0 space/unit One bedroom dwellin unit 1.5 spaces/unit Two or more bedroom dwellin -unit 2.0 spaces/unit Guest arkin shall be rovided cumulative) as follows: -first 20 units 0.50 s aces/unit - for units 21-50 0.30 s aces/unit - for units 51 and above 0.20 s aces/unit Two or more bedroom dwelling units shall provide two (2) spaces per unit and one-half (0.5) a space of guest parking per dwelling unit up to the first 20 units, 0.3 spaces per unit for units 21-50, and 0.2 spaces per unit for units 51-109. Thus, the one hundred and sixteen (116) unit development is required to provide two hundred and sixty three (263) total parking spaces for the residential component of the project. Pursuant to LDR Section 4.6.9(C)(4)(c), medical and dental offices, including clinics and mental health treatment facilities, shall provide five (5) spaces per 1,000 sq. ft. of gross floor area, thus, the medical office component of the project will require 148 parking spaces. A total of 411 parking spaces will be required for the proposed development. 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. Pursuant LDR Section 4.6.9(C)(2)(d), guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. The development proposal will provide a total of four hundred and sixty nine (472} parking spaces for the residential component of the project. Two hundred and eight (208) parking spaces are provided within 104 -two car garages and twelve (12) parking spaces are provided within 12 -one car garages. Two hundred and eight (208) guest parking spaces are provided within each driveway for the two car garage units, and eleven (11) guest parking spaces within the driveway for the one car garage units, and 33 additional parking spaces are provided as guest parking spaces along the interior street throughout the development. The medical office component of the project will provide 148 parking spaces. In summary, a total of 620 parking spaces are being provided (208+208+12+11+33+148=617) while 408 parking spaces are required. Therefore, this LDR requirement has been met. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 6 Handicaaped Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 148 parking spaces required for the medical office building, the development needs to provide a minimum of three (3) handicap accessible parking spaces and five (5) handicap accessible parking spaces have been provided. The Residential component is required to provide five handicap accessible parking spaces and five (5) handicap accessible parking spaces have been provided, thus this requirement has been met. Pursuant to LDR Section 4.6.5 and the Florida Accessibility Code for Building Construction, the height clearance of the handicap parking areas for the office component need to be nine and one-half feet (9.5') to allow the access of handicap vans. A note to this effect shall be placed on the site plan, and thus this will be attached as a condition of approval in the site plan review and approval process. Bicycle Parking: Pursuant to LDR Section 4.6.9(C) (1) (c) and Transportation Element Policy D-2.2 of the Comprehensive Plan, a bicycle parking facility shall be provided in close proximity to the pool/cabana recreational area and the tot lot, and thus, this will be attached as a condition of approval in the site plan review and approval process. .Placing the bicycle parking facility at this location will provide a greater level of usability for residents and guests. It is anticipated that the occupants of the residential dwelling units will utilize their individual units for storage of their bicycles. Thus, upon addressing the condition of approval, this LDR requirement will be met. Lighting The photometric plan and illumination levels submitted do not comply with LDR Section 4.6.8. The required foot candle illumination levels (1.0 Avg. Min. and 4.0 Max.) required by the City shall be maintained. For the proposed roadway currently the proposed average minimum is 0.81 F.C. and the code requires a average minimum of 1.0 F.C. For the parking areas the code requires a maximum of 4.0 F.C. and 7.79 F.C. are provided. The applicant shall revise the photometric plan to comply with the foot candle illumination standards required by the City, and thus, this will be attached as a condition of approval in the site plan review and approval process. LDR Section 4.6.16(D)(2)(b) Preservation and Promotion of Existing Plant Communities• The following table demonstrates that the proposal does not comply with Supplemental District Regulations LDR Section 4.6.16(D)(2)(b) as it pertains to landscaping requirements: Development Standard Re aired Provided 25% of the O en S ace for the U land Preserve 25% 18.62%" * The applicant is requesting a waiver to LDR Section 4.6.16(D)(2)(b) which requires 25% of the required 25% open space to be in the form of preserved natural plant communities. The LDR requirement calls fora 25% (26,898/107,593 x 100 = 25%) of the required 25% open space to be in the form of preserved natural plant communities. In square footage, the applicant is providing 20,038 square feet of natural preserves and 26,898 sq. ft. is required. The applicant is proposing to preserve 18.62% (20,038/107,593 x 100 = 18.62%). If the waiver to LDR Section 4.6.16(D)(2)(b) is approved, then this requirement will be satisfied. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 7 Sight Visibility Triangles: Pursuant to LDR Section 4.6.14, the 20' and 40' visibility triangles need to be noted at the intersections of driveways/rights-of-way and at the intersection of two public rights-of-way. The sight visibility triangles along Park Access Road have been incorrectly depicted in the site plan and landscape plan. Site visibility triangles shall be measured from the property line exclusive of any easements or right-of-way dedications. The site visibility triangles along Park Access Road, at the interception of Linton Boulevard and Park Access Road, and at the interception of Linton Boulevard and Orchard Lane be correctly depicted from the property line and thus, this will be attached as a condition of approval in the site plan review and approval process. Workforce Housing: The development proposes 116 townhouse units which equates to an overall density of 11.92 dwelling units per acre. The applicant has indicated that out of the proposed 116 townhouse units, thirty-two (32) will be workforce housing units for low to moderate income families. However, as a condition of approval in the site plan review and approval process, the location of the thirty-two workforce housing units shall be clearly identified on the site plan. Right - Of - Way: Pursuant to LDR Section 5.3.1(D) and Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-way width for Linton Boulevard is 120 and 106' currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedications in right-of-way width. The City Engineer and DSMG have reviewed this item and have determined that the current right-of-way width of 106' is sufficient for this section of Linton Boulevard. LDR Section 6.1.8 Undergrounding of Utilities: Pursuant to Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect shall be included in the site plan. REZONING ANALYSIS Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the Land Development Regulations with respect to "Standards for Rezoning Actions and Rezoning Findings" are discussed below. Section 3.2.2 (Standards for Rezoning Actions): Standards "6", "C", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: Standard "A" requires That the most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a differenf zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject parcel proposed for development is identified as "stable" on the Residential Neighborhood Categorization Map. The current zoning is SAD and the request before the Board is to modify the uses to a less intense development. While an argument can be made that SAD is not a Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 8 residential zoning district, it will allow residential uses consistent with the underlying TRN (Transitional) Future Land Use Map designation. Further, the request from SAD to SAD with modified and less intense uses are more consistent and compatible than the current vested development potential. Standard "D" requires that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use bofh existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As discussed in the "Required Findings" section of this report regarding consistency as related to LDR Section 2.4.5(D)(5), the adjacent properties include Hammock Reserve to the west, a fire station and Orchard View Park to the east, Orchard View Elementary School to the south and Shady Woods low density multiple family development to the north. The proposed uses (medical ofi•ice and multifamily residential) are not incompatible with adjacent land uses. WAIVER ANALYSIS The proposed amendment to SAD rezoning Ordinance 51-95 for Midtown Delray includes the following five (5) waiver requests: 1. A waiver to provide relief from the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance [LDR Section 4.6.9 {D)(3)(c)(1)]; 2. A waiver to reduce the required roadway pavement width from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)]; 3. A waiver to reduce to 18.62% the required 25% of the required 25% open space to be in the form of preserved natural plant communities when natural plant communities occur on land which is to be developed [LDR Section 4.6.16(D)(2)(b)]; 4. A waiver to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street [LDR Section 6.1.3(D)(1)(b)]; and, 5. A waiver to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard [LDR Section 4.3.4.(H)(6)(b)(4)]. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Analysis of Waiver #7: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not backup into the public street system. The minimum distance between aright-of-way and the first parking space or aisle way in a parking lot shall be as outlined in the following table: Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 9 NUMBER OF SPACES ACCESS STREET CLASSIFICATION MlN/MUM STACKING DISTANCE 20 or fewer Local 5 feet 21-50 Local 20 feet 50 or fewer Non-local 20 feet 51 or more All Streets 50 feet The minimum distance between aright-of-way and first parking space or aisle way in a parking lot that contains 51 or more spaces on any street is five feet (54'). The proposed development provides forty-eight feet (48') of stacking along Park Access Road at the Office Building parking lot entrance. Thus, this requirement has not been met. The applicant has provided the following justification statement regarding the waiver request: "This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation or result in a grant of a special privilege to our client. The granting of such a waiver would be in-line with the neighboring area and other projects that have requested a waiver to the stacking distance. Similarly, the stacking provided is clearly adequate for vehicles to enter the site without obstructing the flow of traffic, especially since there are only a couple of spaces within this stacking requirement. Due to the location of the project, the waiver fo reduce the stacking distances should be supported. Similar circumstances on other properties would lead to the same conclusion and in fact, as mentioned, similar waivers have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made. This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of the LDR Section are not feasible and would constitute a hardship. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5) Waiver Findings, can be made. " Therefore, sufficient on site stacking is provided so as not to affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege as similar waivers have been granted to other projects on similar basis. Consequently, positive findings can be made in the reduction of the stacking distance requirement along Park Access Road at the Office Building parking lot entrance from 50' to 48' with respect to LDR Section 2.4.7(8) (5). Analysis of Waiver #2: Pursuant to LDR 6.1.2 (C)(3)(a), the minimum roadway pavement width is twenty four (24) feet. Plans indicate that the roadway width is reduced to 20' as opposed to the required 24'. Pursuant to LDR Section 6.1.2(C)(3)(c), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 10 feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The applicant has provided the following justification statement regarding the waiver request: "This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of this LDR Section are not feasible and would constitute a hardship. This reduction would not endanger the public safety and/or welfare. The narrower streets will require vehicles fo travel at lesser speeds, which will actually create a safer environment. Similar circumstances on other properties would lead to the same conclusion and in fact, similar waivers have been granted on numerous projects. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made. " The development proposal provides a 20 foot wide street with two feet of valley gutter on both side of the pavement. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width for other townhouse projects such as Atlantic Palm, Atlantic Grove, Gramercy Square, Banyan Village, Highland Grove Estates, and Legacy at Sherwood Forest. In this particular request, the two foot valley gutter on either side of the road will provide sufficient area for large emergency vehicles to navigate the road. The reduction can be supported subject to the condition that the Home Owner's Association documents contain a prohibition on the parking of vehicles within the street access tracts. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5) can be made and a recommendation of approval should be presented to the City Commission for this waiver request. Analysis of Waiver #3: Pursuanf fo LDR Section 4.6.16 (D)(2)(b), a porfion of native communities are fo remain for preservafion and promotion of existing plant communities when natural plant communities occur on a parcel of land which is to be developed. Af least twenty-five (25%) of fhe required open space must be in the form of preserved natural plant communities. The applicant is requesting a waiver to LDR Section 4.6.16(D)(2)(b) which requires 25% of the required 25% open space to be in the form of preserved natural plant communities. In square footage, the applicant is providing 20,038 square feet of natural preserves and 26,898 sq. ft. is required. The applicant is proposing to preserve 18.62% (20,038/107,593 x 100 = 18.62%). The LDR requirement calls fora 25% (26,898/107,593 x 100 = 25%) of the required 25% open space to be in the form of preserved natural plant communities. The applicant has provided the following justification statement regarding the waiver request: "The waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe sifuation and/or result in the grant of a special privilege to our client. The requirements of the this LDR Section are not feasible and would constitute a hardship. Between the office and residential parcels is a 0.29 acre Cabbage Palm Preserve The preserve area will offer an open space amenity for the community at large. The project will relocate a total of three hundred and seventy three (373) existing trees on site. The project exceeds the quantity of required trees. For the one hundred fifty one (959) Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 11 required interior trees, an additional sixty (60) trees are proposed, and for the ninety (90) required perimeter trees, an additional one hundred sixty two (162) trees are proposed. Twenty five percent (25%) of the required project shrubs are to be native species; however, ninety five percent (95%) of the provided species are native. One hundred eleven (919) native frees are required, and Phis project provided a total of four hundred six (406) native trees. This project helps preserve the existing project's trees and palms while helping to reestablish the existing character of the neighborhood Pursuant to the Comprehensive Plan Open Space and Recreation Element, Objective B-2, natural areas which provide relief from the urban fabric, provide a glimpse of the natural environment of South Florida, provide a natural laboratory for exploration of the area's history, and provide for a balance between the natural and man-made environment shall be preserved. The removal of large specimen trees and a massive wooded area along the `Park Access Road° and the entry onto Old Germantown Road from Linton Boulevard will adversely affect the neighboring area since it will change the character of the neighborhood. Pursuant to LDR Section 4.6.19 (D)(1)(2), all existing native plant communities on sites proposed for development shall be preserved where possible through their incorporation in the required open space. Only a portion of the natural areas are proposed for preservation. Exceptional specimen trees greater than 24" in diameter shall be preserved in `location' .Trees shall be relocated on site if saving them in place is not an option. There are 21 native Ficus aurea trees on the site and none of them are being `saved in location'. Several of the specimen trees identified as 'in good condition' will be removed as a result of the middle entry into the property. The relocation of large trees in such limited space is not necessarily feasible since the trees have no large area to be relocated to where their roots can grow and anchor the trees. Granting this waiver request would appear to disregard this LDR requirement. Every property is unique with respect to natural areas and each application must be reviewed in context. The granting of this waiver request can potentially set a precedent for other developments in the City. Granting the requested waiver would result in the grant of special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. If the applicant is granted the reduction in the required preservation areas from 25% (26,898 sq. ft.) to 18.62% (20,038 sq. ft.) it will be 6.38% (6,860 sq. ft.} less than the requirement. Therefore, positive findings can not be made with respect to LDR Section 2.4.7(6) (5) and a recommendation of denial should be presented to the City Commission for this waiver request. Analysis of Waiver #4: Pursuant to LDR Section LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the sife plan or plaf process, as appropriate. Pursuant to LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of the street may be reduced to installation of a sidewalk only along one side of the street. The primary purpose of sidewalks. is to provide a safe place for pedestrian to travel. Generally, sidewalks are required along both sides of all streets. However, due to the very limited width and pronounced depth of the site some design limitations are present in the proposed development. The width of the site provides a limited area to: a) place the buildings on the site; b) to accommodate the interior street; c) to provide a 5' wide Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray- SAD Ordinance Page 12 sidewalk on both side of the street; d) to comply with the setbacks required; and e) not to disturb the existing woodland area. The applicant has provided the following justification statement regarding the waiver request: "This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of this LDR section are not feasible and would constitute a hardship. Pursuant to LDR Section 6.1.3(D)(1)(b), awaiver to have a sidewalk on only one side of the street is appropriate in certain instances, such as this. In fact, LDR Section 6.1.3(A) merely states that "generally sidewalks are required to be on both sides of the street". Since the internal sidewalk connects fo the park access road via a crosswalk and small sidewalk, there will be connectivity fo the park. Similar circumstances on other properties would lead to the same conclusion and in fact, similar waivers have been granted. Consequently, a positive finding with respect fo LDR Section 2.4.7(B)(5) Waiver Findings, can be made." The proposed development has been designed with a looped interior street; various traffic calming devices consisting of raised crosswalks, one of them adjacent to the recreation area and at different locations along the interior street have been provided. Therefore, to provide a 5' wide sidewalk on one side of the street should not impact the safety of pedestrian travel. Similar waivers have been previously granted for other townhouse projects in the City such as Gramercy Square (148 townhouse units), and Highland Grove Estates (14 townhouse units). Granting the requested waiver will not create an unsafe situation, diminish the provision of public facilities, or adversely affect the neighboring area. Therefore, positive findings with respect to LDR Section 2.4.7(B) (5) can be made and a recommendation of approval should be forwarded to the City Commission. Analysis of Waiver #5: Pursuant to LDR Section 4.3.4.(H)(6)(b)(4), along Linfon Boulevard, from A-1-A to fhe western City limits, a special landscape area shall be provided. The landscape area shall be the smaller disfance of eifher 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10). The development proposed athirty-foot (30') landscape buffer from the Linton Boulevard right-of-way line. However, due to the Lake Worth Drainage District (LWDD) easement, the property line is set back an additional eighty foot (80') from the Linton Boulevard right-of-way line. To comply, the site would be subject to a one hundred and ten foot (110') minimum landscape setback from Linton Boulevard. The applicant has provided the following justification statement regarding the waiver request: "This waiver request is fora 14 foot waiver from the required 30 foot special landscape buffer along Linton Boulevard. We meet or exceed the requirements of LDR Section 2.4.7(B)(5) for this waiver request. We are requesting a 14ft. reduction in the required 30ft. landscape buffer in order fo dedicate a 14ft. easement for the Linton Blvd. ultimate ROW of 120'. We have been approved by LWDD to enter into a PPP (Piping, Parking, and Paving) agreement, which allows us to pipe and fill the canal and pave over it. The 14ft. easement will be Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 13 primarily sod and anything else placed within the easement will be subject to a removal agreement. Thus, unless the easement is actually used to increase the ROW, the required landscape buffer will actually exist. However, the opportunity to increase the widfh of the ROW has now been provided. This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of this LDR Section are not feasible and would constitute a hardship. Similar circumstances on other properties would lead to the same conclusion and in fact, similar waivers have been granted on numerous projects. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made." Since the intent of this LDR standard has been met by the provision of a thirty foot (30') landscape setback area from Linton Boulevard, this waiver can be supported. Therefore, positive findings with respect to LDR Section 2.4.7(B) (5) can be made and a recommendation of approval should be forwarded to the City Commission. REVIEW BY'''OTHER'S The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency}. Courtesy Notices: A special courtesy notice was provided to the following homeowners and/or civic organizations: • Neighborhood Advisory Council • Hammock Reserve • Shady Woods • Spanish Wells • Fox Chase • Oakmont • Verona Woods • Rabbit Hollow • Andover • Crosswinds • Abbey Delray South Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB} meeting. Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The development proposal includes the construction one hundred and sixteen (116) unit townhouse development with 29,571 sq. ft. of medical offices. Five (5} waivers have been requested and are recommended for approval or denial as indicated below: Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 14 A waiver to provide relief from the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance [LDR Section 4.6.9 (D)(3)(c)(1)], is recommended for approval. 2. A waiver to reduce the required roadway pavement width from 24 feet to 20 feet (LDR Section 6.1.2(C)(3)(a)], is recommended for approval; 3. A waiver to reduce to 18.62% the required 25% of the required 25% open space tv be in the form of preserved natural plant communities when natural plant communities occur on land which is to be developed [LDR Section 4.ti.16(D)(2)(b)], is recommended for denial; 4. A waiver to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street (LDR Section 6.1.3(D)(1)(b}], is recommended for approval; and, 5. A waiver to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard [LDR Section 4.3.4.(H)(6)(b)(4)], is recommended for approval. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5{D)(5) (Rezoning Findings), LDR Section 4.7 (Workforce Housing} and the Goals, Objectives, and Policies of the Comprehensive Plan, upon addressing the recommended conditions of approval. Therefore, rezoning the subject property to modify the existing SAD Ordinance 51-95 zoning is recommended for approval, based on the findings outlined herein. RECOMMENDED ACTIONS A. Move a recommendation of approval to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject property, and denial or approval of specific waivers as noted above, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1, and 4.7 (Workforce Housing) of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject property, and denial or approval of specific waivers as noted above, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1, and 4.7 (Workforce Housing) of the Land Development Regulations. C. Move to postpone and continue the waiver requests and SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject property for the subject property with direction. STAFF RE'COM`MENDATION By Separate Motions: Rezoning Staff recommends that the Planning and Zoning Board moves to recommend approval to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject property Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 15 for, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 4.7 (Workforce Housing) of the Land Development Regulations. Waiver #1: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.6.9 (D)(3)(c)(1) to allow forty-eight feet (48') of stacking instead of the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5) of the Land Development Regulations. Waiver #2: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8)(5) of the Land Development Regulations. Waiver #3: Move a recommendation of denial to the City Commission of the request for waiver to LDR Section 4.6.16 (D) (2) (b) to reduce to 18.62% the required 25% of the required 25% open space to be in the form of preserved natural plant communities when natural plant communities occur on land which is to be developed, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.7(6)(5) of the Land Development Regulations. Waiver #4: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.3 (D)(1)(b) to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5) of the Land Development Regulations. Waiver #5: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.3.4.(H)(6)(b)(4) to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8)(5) of the Land Development Regulations. Attachments: • Location Map ^ Zoning District Map, • Project Plans ^ Letters of Objection • Proposed Ordinance #46-07 Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 16 APPENDIX «A» CONCURRENCY FINDINGS. Pursuant to LDR Section 3.1.1(B), concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection of an 8" water main which traverses the site from south to north and is connected to a 12 inch water main located along Park Access Road (Old Germantown Road). Fire protection is to be provided by various fire hydrants strategically located at 400 feet spacing throughout the development. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. Thus, a positive finding with respect to this level of service standard can be made. Sewer service is available to the site via an existing 8" sewer main which traverses the site from south to north and is connected to an existing 8" sewer main located along Orchard Lane. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: The subject property is located at northeast corner of Linton Boulevard and Old Germantown Road, approximately 1,950' east of Military Trail (4600 Linton Boulevard). According to the traffic study, the proposed development would generate 127 A.M. and 163 P.M. peak hour trips, with 1,813 Average Daily Trip (ADT}. A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be received prior to site plan certification. It is anticipated that the proposal will meet traffic concurrency standards, however, turn lane improvements or traffic light modifications may be required at Linton Boulevard. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: The proposed 116 residential dwelling units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $58,000 will be required of this development for parks and recreation purposes prior to issuance of a building permit and it is attached as a condition of approval. Solid Waste: The proposed 116 residential units will generate 60.32 tons of solid waste per year (116 units x 0.52 tons = 60.32 tons). The medical office component of the proposed development will generate 68.01 tons of solid waste per year (29,571 sq. ft. x 4.6 tons = 136,026.6 / 2000 = 68.01 tons). The solid Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 17 waste that would be generated can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024. Drainage: Drainage will be accommodated on site via an on-site retention lake. There should be no impact on drainage as it relates to this level of service standard. There appears to be no problems anticipated in accommodating on-site drainage; however, the Engineering Department does have technical comments regarding drainage that will need to be addressed before issuance of a building permit. Based upon the above, positive findings with respect to this level of service standard can be made. Schools: The Palm Beach County School District has approved the development proposal with respect to compliance with the adopted Level of Service for School Concurrency. ---- Original Message ---- From: Ronnie Glotzbach To: dorlinpCa~mydelraybeach.com Cc: ritaellisCc~mydelraybeach.com ; gpet'a~mydelraybeach.com ; fetzerna.mydelraybeach.com ; wmcduffie(a)_mydelraybeach.com ; monteguet'c~mydelraybeach.com ; CityAttorneyt"a~MyDelrayBeach.com Sent: Wednesday, October 03, 2007 2:36 PM Subject: Proposed Development of Blood's Grove Site -CONCERNED Resident MR. PAUL DORLING, DIRECTOR CITY OF DELRAY BEACH PLANNING AND ZONING DEPARTMENT 100 Northwest 1st Avenue Delray Beach, Florida 33444 dorling(a~mydelraybeach.com PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLED MIDTOWN DELRAY -Delray Beach Planning File #2007-165 and 2007-166 As a resident of the Andover Community, I believe it is critical that I share my concerns about the development of Blood's Grove site. I'm respectfully disappointed on how this project is being expedited and how decisions are being made without a complete investigation on the standing of several issues against existing ordinances. From a resident perspective, it appears that the builder is using the argument of a time sensitive $5 million state grant to provide 32 Community Workforce Housing to roll over the proper diligence on the project and receive special treatment. The following issues need to receive serious considerations: 1. As per Ordinance (51-95) the maximum number of units permitted at the site was not to exceed 680 units in the entire Blood's grove site. Currently there are already 677 units on the site (404 at Citation and 273 at Hammock Reserve). This project intends to add 116 units to this parcel. The math does not seem to add up. 2. As per Ordinance (51-95) the maximum density permitted at this site was not to exceed 8 units per acre. The proposed project has 116 units on a 6.27 acres area resulting on a density of 18.5 units per acre. 2.31 times the limit. Again, the math does not seem to add up. 3. As per Ordinance (51-95) the maximum floor area of SAD Parcel 5 was limited to 65,000 square feet. The proposed project is for 212,404 square feet for residential use and additional 29,571 square feet for commercial use. That totals to 241,975 sq. ft. or 3.7 times the limit. 4. As per Ordinance 42-95 the SAD component was indicated as 4 DU. The proposed project has 17 3 story buildings, plus a recreation center and a Medical office. Additionally, 5. This is a too dense complex with 3 story high buildings that doesn't go in line with the surrounding neighborhoods. 6. This project will create additional traffic constraints on the already congested Ofd Germantown road. Although the traffic study presented at the September 17th meeting indicates traffic will not increase on Old Germantown Road, I'm not sure there is a resident (from Old Germantown Road) who believes these results are even close to being valid. 7. The execution of this project will result in the loss of 373 grown trees from the area. With all the energies and publicity spent on ways to save our environment, destroying the beauty of the Blood's site would be a loss not only to our area but to the City of Delray. Therefore, I respectfully ask you to allow the proper time for the complete understanding of all the implications of this project to the immediate neighborhood and to analyze if this project is really suited for this location. The goal is to have a project that is beneficial to the entire community and not just to the builder. This proposed site is not the best location for such a dense project. The quaint design of Old Germantown road is a far cry from the proposed "mid-town" development. Your response is very much appreciated. Veronica Glotzbach From: Robert Sengberg [robert@sengberg.com] Sent: Thursday, October 04, 2007 9:53 PM To: Dorling, Paul Cc: Ellis, Rita; Eliopoulos, Gary; Fetzer, Fred; McDuffie, Woodier montegue@mydelraybeach.com; CityAttorney@MyDelrayBeach.com Subject: Re: PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE MR. PAUL DORLING, DIRECTOR CITY OF DELRAY BEACH PLANNING AND ZONING DEPARTMENT 100 Northwest 1st Avenue Delray Beach, Florida 33444 dorling(c~mydelraybeach.com PROPOSED DEVELOPMENT ON BLOODS GROVE SITE BY ASCOT DEVELOPMENT TITLED MIDTOWN DELRAY -Delray Beach Planning File #2007-165 and 2007-166 As a resident of the Andover Community, I believe it is critical that I share my concerns about the development of Blood's Grove site. I'm respectfully disappointed on how this project is being expedited and how decisions are being made without a complete investigation on the standing of several issues against existing ordinances. From a resident perspective, it appears that the builder is using the argument of a time sensitive $5 million state grant to provide 32 Community Workforce Housing to roll over the proper diligence on the project and receive special treatment. The following issues need to receive serious considerations: 1. As per Ordinance (51-95) the maximum number of units permitted at the site was not to exceed 680 units in the entire Blood's grove site. Currently there are already 677 units on the site (404 at Citation and 273 at Hammock Reserve). This project intends to add 116 units to this parcel. The math does not seem to add up. 2. As per Ordinance (51-95) the maximum density permitted at this site was not to exceed 8 units per acre. The proposed project has 116 units on a 6.27 acres area resulting on a density of 18.5 units per acre. 2.31 times the limit. Again,-the math does not seem to add up. 3. As per Ordinance (51-95) the maximum floor area of SAD Parcel 5 was limited to 65,000 square feet. The proposed project is for 212,404 square feet for residential use and additional 29,571 square feet for commercial use. That totals to 241,975 sq. ft. or 3.7 times the limit. 4. As per Ordinance 42-95 the SAD component was indicated as 4 DU. The proposed project has 17 3 story buildings, plus a recreation center and a Medical office. Additionally, 5. This is a too dense complex with 3 story high buildings that doesn't go in line with the surrounding neighborhoods. 6. This project will create additional traffic constraints on the already congested Old Germantown road. Although the traffic study presented at the September 17th meeting indicates traffic will not increase on Old Germantown Road, I'm not sure there is a resident (from Old Germantown Road) who believes these results are even close to being valid. 7. The execution of this project will result in the loss of 373 grown trees from the area. With all the energies and publicity spent on ways to save our environment, destroying the beauty of the Blood's site would be a loss not only to our area but to the City of Delray. Therefore; I respectfully ask you to allow the proper time for the complete understanding of all the implications of this project to the immediate neighborhood and to analyze if this project is really suited for this location. The goal is to have a project that is beneficial to the entire community or not just to the builder. This proposed site is not the best location for such a dense project. The quaint design of Old Germantown road is a far cry from the proposed "mid-tovrn" development. Your response is very much appreciated. Robert Sengberg 2551 Hampton Cir N Delray Beach, FL 33445 CC: Rita Ellis, Mayor, City of Delray Beach ritaellis(a~mydelraybeach.com Gary Eliopoulos, Commissioner, City of Delray Beach, gpe _mydelraybeach.com Fred Fetzer, Vice Mayor, City of Delray Beach, fetzer(a~mydelraybeach.com Woodie McDuffie, Commissioner, City of Delray Beach, wmcduffieCc~mydelraybeach.com Brenda Montague, Deputy Vice Mayor, City of Delray Beach, montegue(c~mydelraybeach.com Susan A. Ruby, Esq. ,City Attorney, City of Delray Beach CityAttorney(a~MyDelrayBeach.com Dear Mr. Glotzbach, Thank you for your a-mail. I want to answer some of the concerns expressed in your email. With respect to #1 in your a mail ... in my review of Ordinance 51-95 I found no reference to (680) total number of units allowed, Further the 404 units referenced for Citation Club were never part of the property referenced in Ordinance #51-95. Therefore the maximum number of units constructed to date on the. Bloods property are those within the Hammock Reserve development (273 as noted in your letter). With respect to #2 in your a mail ... Ordinance 51-95 does not limit the SAD parcel to a maximum density of 8 units- per acre. This 8 units per acre maximum refers to 28.29 acres which comprise the northern portion of the existing Hammock Reserve Development currently zoned RM-8. Ordinance 51-95 allows residential uses as allowed in the RM zoning district (density ranges from 6-12 units per acre) on the subject property. This development is proposed at 11.76 units per acre ( 116/ 9.861= 11.76). Note density is based on the total parcel size including the medical office parcel. This is how density has been applied city wide for all mixed use projects. With respect to #3 in your a mail... Ordinance 51-95 does not reference a Parcel 5 ... Parcel 4 however does reference a maximum sq footage amount of 65,000. This 65,000 refers to the nonresidential portion of the project (residential properties are measured on a unit per acre basis not square footage). Currently 29,571 square feet of nonresidential Medical Office Use is proposed. This is below the 65,000 sq. ft. of industrial, office or commercial use currently allowed by Ordinance 51-95. With respect to # 4 in your a mail... Ordinance 42-95 annexed 94.14 acres of property to the City. This Ordinance did not assign any development potential or restrictions to any portion of the site. The development thresholds for the individual parcels which made up the 94.14 acres were assigned through the application of zoning designations applied via ordinance 51-95. As noted above these thresholds did not reference a limit of 4 density units. I hope the information I have provided is of assistance to you. You are encouraged to attend the City Commission meeting to share your views. Thank you for taking the time to communicate with me. Sincerely, Paul Dorling, AICP Director of Planning and Zoning Dorling, Paul From: Ruby, Susan Sent: Monday, September 17, 2007 8:51 AM To: Valek, Denise; Dorling, Paul; Nubin, Chevelle Subject: FW: Planning and Zoning Board Meeting September 17th: Ascot Please put this email P&Z the Ascot P&Z file. Thanks Susan A. Ruby City Attorney 200 N.W. Ist Avenue Delray Beach, FL 33444 telephone: 561-243-7092 facsimile: 561-278-4755 email: ruby@ci.delray-beach.fl.us -----Original Message----- From: Weaver, Jo Sent: Monday, September 17, 2007 8:02 AM 20: Ruby, Susan Subject: FW: Planning and Zoning Board Meeting September 17th: Ascot Susan, This came in through the City's website email. Jo Weaver -----Original Message----- .From: Alex Sanielevici (mailto:alexsaniQgmail.com] Sent: Friday, September 14, 2007 9:37 PM To: PZmail@MyDelrayBeach.com; Ellis, Rita Cc: Eliopoulos, Gary; Fetzer, Fred; McDuffie, woodier monteguec~mydelraybeach.com; CityAttorneyQMyDelrayBeach.com; Gray, Joe; Kemp, Kymenski; ClDirector@MyDelrayBeach.com; PermitsLicenses@NIyDelrayBeach.com; Dorling, Paul; Hoggard, Ron; Breto, Estelio; Vinci, Michael; Truxellc~rnydelraybeach.com Subject: Planning and Zoning Board Meeting September 17th: Ascot Hello all, I've been a Delray Beach (Hammock Reserve) resident and a voting taxpayer since 2001. Though I won't be able to attend Monday's meeting due to obligations at work, I do wish to express my severe consternation at the proposed high-density development that is being proposed to be erected adjacent to my community, along the main road of Hammock Reserve. Approval of this plan as submitted will severely undermine the quality of life of those living all along the Old Germantown Road corridor. At 3 stories tall, the proposed units will be peering down into our community's yards and swimming pools, undermining our privacy and dominating over our single-story detached housing. The 116 units are being crammed into a space well too small to accommodate them, with narrow streets, missing sidewalks, minuscule green space, and no vegetation or fencing to insulate it from our development. The extra traffic at the busy intersection with Old Germantown will create massive backups, especially since we already have bumper-to-bumper traffic on this road and intersection during school pickup / drop off times. I urge you to place a reasonable Limit (on the order of half of what it is now) upon the density and height of this proposed development in order to better mesh with the character of the surrounding developments and avoid a ruinous outcome for all involved. Thank you for your attention to this matter, Alex Sanielevici. 1 Page l of l Jefferson, Candi From: Valek, Denise Sent: Thursday, September 27, 2007.12:23 PM To: Jefferson, Candi Cc: Dorling, Paul Subject: FW: Blood Grove zone district De~siae rf `f'/a8e~ Executive Assistant Planning & Zoning Department City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone:561-243-7041 Fax: 561-243-7221 valek@ ci.defray-beach. f!. us From: Alberta S. George [mailto:asgeorgei@msn.com] Sent: Monday, September 24, 2007 12:50 PM To: PZmail@MyDelrayBeach.com Subject: Blood Grove zone district To the Planning and Zoning Board of Delray Beach: We strongly oppose the changing of the Blood Grove SAD zone district and the proposed development of over 100 townhouse units and related structures. The traffic congestion in that area is presently such that the city has police there each morning monitoring traffic and restricting turning east flow traffic in an effort to protect the school entrance and students. How can the city even consider adding more traffic and congestion to that intersection. Such a development would also negatively impact our quality of life. Since Spanish Wells was built some 30 years ago, we have experienced continuing development that has diminished the nature of our neighborhood environment. At the same time our taxes have quadrupled. There is nothing in the plan of the proposed development that enhances our property but rather threatens our neighborhood and puts our life at risk. We ask you to deny this intiative. Albert and Alberta George 3004 C San Clara Drive Delray Beach, Florida 33445 9/27/2007 Jefferson, Candi From: Valek, Denise Sent: Monday, September 17, 2007 1:46 PM To: McDonnell, Mark; Jefferson, Candi Subject: FW: Bloods Orchard Rezoning DeKice ,~ `l/afe~¢ Executive Assistant Planning $ Zoning Department City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: 561-243-7041 Fax: 561-243-7221 va/ek@ci.delray-beach. f1. us From: eheckermdl@comcast.net [mailto:eheckermdl@comcast.net) Sent: Monday, September 17, 2007 1:07 PM To: PZmail@MyDelrayBeach.com Subject: Bloods Orchard Rezoning My home At 4783 Lakeland Dr. Delray Beach FL33445 is being encroached upon by the threat of the proposed construction on the land previously Bloods Orchard. I object to having a three story high density building adjacent to Hammock Reserve located where I would have to look at it when I amve and leave as well as when I sit on my lanai. The school has enough traffic a.m and p.m. The addition of the new construction would make this area much less desireable to own and enjoy. Please do not permit this travesty to ruin the entire area. Erwin and Margery Hecker 410 484 3191 9/17/2007 Mazk and Marcia Clayman 2706:. Hampton,Circle North Delray-Beach, Fl. 33445 RECEI~~ED SEp ~ 5 ~}' Monday September 24, 2007 Mr. Paul Dorling Director City of Delray Beach Planning and Zoning Department 100 Northwest 1st Ave Delray Beach, Florida 33444 PLAlV~T[~~ ~ ZO~~ivi, Re: PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLE MIDTOWN DELRAY Delray Beach Planning File #2007-165 and 2007-166 Dear Mr. Dorling: My husband and I have lived in the Andover Community since 1989 and have raise our 2 children my daughter Carol 17 and my son Adam 15, both attending Spanish River High School. My family and I like I am sure everybody that had lived in this community for so many years has enjoyed the peacefulness and the charm that the whole area of Old Germantown Rd offers to the residents. Blood's Groves was sucha.big-asset in the area and we enjoyed having them so close to us, but now as you know things have changed, the Blood family sold the land and what is left of it is going to be developed. I attended the city meeting held on September 17 and as you probably heard from many residents of the area that despite of our voices of disappointment toward Ascot Development your members of the Planning and Zoning they voted in favor of Midtown Delray regazdless the fact that they did not have all the information needed for such an approval. We ask you to reconsider such an approval, you must keep in consideration the density of units is way to high for the azea adding to the congestion that asyou-know during school year we the residents have to go through., but also keep in mind it will not add up any charm at all to the azea, my suggestion a nice single home development will be an asset to our lovely Old Germantown Rd. incere , ~~ M cia Clayman Mowda~, scptw+R.ber ~4, ~~ ce2.ri~i~ R6TINZN tx.EC~tpr +-~oNO~s~e MRYo~x, w-r~t ~ws e%ta o f ne~rAa seaoh 2,00 NorthWCSt i`0 iIVCwKE ACIYAa BCACh, ~IOYLdA 33444 ~: proposed ncvdoprwewtJSlood's e~rovc sift 8~ /ksoot Dcvtlopntitwt Titlcd Midtoww ACIrA~ nelrA~ Bcaoh plAwwiwg p'ilc ~'200~-i65~F 200-ibb neAr HoworAblt Maaor sllis: .4s sou I¢wow, .4saat nevtlopN+,ewt is pl.awwiwg to dtvdo~ p the about vc fcrcwoed praperta. ~ arw writiwg to you as Aw txtvcntiel~ COwotrwed hon~towwer liviwg to the cast o f the proposed projtot ow e~er~,aw Toww toad. ~ awe, upset about the proposed devdapn+twt, awd about the -+~eet%wg t attcwdtd at the C%t~ o f nel,ra~ Su+oh, ow Mowdaa, septe-M.ber i}, 0.00. ~ was quite shoel¢ed at the lacl¢ o f iwforvKgti,ow awd I¢awwledge about the projut that the pl.awwiwg ~ .Lowl.wg Board possessed whew it made sash aw %n,.portawt deasiow that would grcad.a a f feat v-~.~ weighborhood awd others alowg ecrvN.aw T-oww txoad. i-he iwcpact ow tra f fia awd tht eltntitwtar~ school dircotla across the street fro-x, this proposed develapw~ewt would also be great..4ccordiwg to /!soot's tra{f a studs, all tra f~ frown. this devtlapn~,ewt would tester awd txit at l.i.wtow Boulevard. Fver~owt who lives iw this arcs lerwws that wiU. NFs11~R. happew. there AYe wa trA f fto lights or stay sigws that wi.U. prCVCwt tra f fi.a frown, spttdiwg, this could ewdawger rwAw~ o f our chi.ldnew who wAit for school buses ever~da~ alowg eerne,aw roww Road. Iw Additiow, as currewtl.a proposed awd desigw4d, this devtlopwuwt wi.U. destroy the eharn~. o f this uwictue area iw ndra~ Beaeh, this projcat wi.u. olcarl.~ bt aw e~esorc. rvew several o f the board -Ke-.~.bers adr-~,ittcd that the Architectural plows were juwle : but pct; thc~ sti.U, approved parts o f this project. .4dditiowaU.~, the destruotiow awd tli.wu.watiow o f ol.dtr growth trees would bt a sagw%fi.oawt loss to our cow~.n~.uw%t~, a5 a result a f th1.5 pYOjtatS s%u awd dutisit~. .4s a cowotrwed rtsiatewt o f this btauti. ful oon~,n~.uwit~, ~ rtoow+.-xewd that the City o f ntlra~ Btaah reiiiew the eurrtwt request awd future develapntiewt o f this project. T'haw12 you for dour tirwt awd oowsideratiow iw this rwattzr. si.woerel.~, ~b -~-,- Sawd~ ~4knawdtr ws%dtwt of Dtlra~ Beaoh .4wdovtr (s6i) 25,3.1918 Copies Mail.td to: qar~ eliopoulos, Con~issiower, City of Dtl.ra~ 8taoh ~rtd ~GtZLY, Vice MA~OY, City O' f DGIYA~ $taah Woodit MaDu. f fee, Corw-wissiowtr, City o f Dtl.ra~ Reach Brtwda Mowtague, acputa vice Mayor, City o f ptlraa Btaah susaw sk. Ru.b~, esq., City /ktEorwe~.j, ~ of Dtl.ra~ Rtaoh Paul Aori.i,wg, nirtator, Plawwi.wg ,c Lowuag, C,ita o f ptl.ra~ Rtaoh txow ftoggard, Priwcipal Plawwtr, City o f nelra~ Rtaah 6stel'w R- tto, Sewior Plawwtr, City o f ntlra~ Rtaah Mi.ahad viwai., /FS5lstawt PLawwer, City of DCLrA~ Rtaah Rtbeeesa T'Yu~ceU., Sta f f sessistawt u, eita o f uelra~ au+ah RECEIVED OCT 0.9 2007 CITY ATTORNEY ShadNVOOds HOMEOWNERS' ASSOCIATION, INC. 4500 SHADY WOOD DRNE DELRAY BEACH, FL 33445-5747 OFFICE: (561 ~ 495-0792 September 12, 2007 City of Delray Beach Planning and Zoning Department 100 N.W. T~` Avenue Delray Beach, FL 33444 Attn: Director Subject: Proposed Property Rezoning and Development of Midtown Delray Dear Sir: Regazding the subject matter, the Shadywoods Homeowners Association wishes to express its opposition to the rezoning in general,'and to the size of the development in particular. Shadywoods is a community of 200 homes, established in 1980 and 1981, situated on approximately 43 acres on the north side of Linton Blvd, directly opposite the property of the subject rezoning project. Our community has two entrances east and west of Old Germantown Rd, each within 500 ft. Directly across from Shadywoods, on the south side of Linton, is another huge community, Hammock Reserve with 273 homes, which entrance also opens onto Linton. On our western border is situated the Delray Medical Center, and beyond them the . Albertson Shopping Center. Directly across from the Delray Medical Center, adjacent to Hammock Reserve, are the numerous medical offices at 4800 Linton Blvd, not to mention the Boca Center Shopping Center just beyond. On our eastern border is another community, Lakeside Townhomes. And, only a short time ago Linton Blvd was widened to three lanes to accommodate the obvious increase in traffic. RECEIVED SEP ~ `~ 2~7 P1_ANNING & ZONiiVG All of the areas menfioned, including the Midtown Delray project location, fall approximately within %s mile of Military Trail. In view of the above, it's not only apparent, but a fact that Shadywoods has an enormous problem exiting and entering our two entrances due to the already considerable traffic volume, which clearly will seriously worsen with the existence of Midtown Delray. There has been over time any number of traffic accidents at these entrances, including several crashes into our wall, resulting from, among other causes, crossing and/or u-turning vehicles, all of which you can certainly verify. With the addition of this new Delray construction the same dangerous crossing and u-turn traffic problems will exacerbate. In view of this and the current situation, Shadywoods is therefore stressing its opposition to the Midtown Delray project. The City of Delray Beach cannot, and must not, allow this development to go forward without first fully assessing, addressing and satisfactorily correcting the traffic problems that do now and will then befall Shadywoods residents. There is a need for substantive discussion with our community, the City and the developer for clarification on alleviating our concerns and problems before proceeding. Given our seniority within this area, Shadywoods should be more than entitled to first considerations prior to burdening our community, and those others around us, with even more difficulties. We look forwazd to your favorable decision regarding our concerns, towards which your reflection and attention is appreciated. truly, .. Dominic J. Scaduto President, Shadywoods. HOA, Inc. Cc: Shadywoods Boazd of Directors Alliance of Delray Residential Associations, Inc. Page 1 of 2 Valek, Denise From: JOSEPH PROVENZANO ~provenzano@msn.comj Sent: Wednesday, September 12, 2007 10:37 PM To: PZmail@MyDelrayBeach.com Subject: Midtown Delray Project Attention: Paul Dorling Director Planning and Zoning I would like to voice my concerns regarding the Midtown Delray Project. 1) Parking: I have been in private medical practice for over 19 years and I feel that the 148 parking spaces allotted for the proposed medical office complex is not enough. As proposed, there will be 5 parking spots/ 1000 square feet of office Floor space which in reality will not be enough. Usually there are three employees per physician which would add up to 4 spaces before the door open to see a single patient! Normally there will be 2 to 3 patients waiting to be seen by the physician (if not more) at any given time during the day and then here are the various vendors, Drug Reps and service personnel coming in and out at all times during the day. As you can see, the parking will not be sufficient. Even if the physician had 2000 square feet there would not be enough parking, because of the economics of running an office he would have to have a second physician in the office with his 3 employees and 5 to 6 exam rooms full at all times and as we all know some times the physician has an emergency at the hospital and the office gets backed up with even more patients. I do not think it would kind to our senior patients to have to "hover" for parking spaces to see their doctors. I feel more parking is needed for the medical complex or it needs to be scaled down. 2) Density: I understand that on a total of 8.4 acres it is proposed to place the 30,000 square foot medical complex as well as 116 town homes. If one were to allow 1.5 acres for the medical complex and parking, this would results in 116 town homes to be built on 7 acres which would amount to 16.5 town homes per acre which far above the density of the immediately surrounding single family residences! 3) Loss of green space: The proposed project will result in the loss of green space which makes the Old Germantown Road area special. The beauty of Old Germantown Road is its rural road appeal which be lost. The proposed project should conform to the surrounding communities in regards to open green space arid density. 4) Traffic: As it stands now, the traffic from Linton Blvd is not allowed to flow east-bound on to Old Germantown Road in the mornings due to safety concerns regarding the students crossing Old Germantown Road on their way to Orchard View Elementary School. In the evenings, traffic backs up on westbound Old Germantown Road to the point one can't turn into the Oakmont community which is over 500 feet from the proposed project! To allow this project would generate at least 1200 cars for the medical complex alone (15 2000 sq ft offices with 2 doctors with 30 patient visits each, 6 employees and 3 to 4 Drug Reps and service personnel) not to mention at least 250 cars for the town homes. This would mean almost an extra 1500 cars going down Old Germantown Road daily which is more than Foxe Chase, Oakmont, Rabbit Hollowe, Verona Woods and Andover combined generate! Please take into consideration my concerns and do not approve this project. Joseph M. Provenzano, M.D. 1921 S.W. 36th Ave Lovely Delray Beach, FI 9/I 4/2007 Page 1 of 1 Valek, Denise From: JMM [jmconnect@yahoo.com] Sent: Wednesday, September 12, 2007 4:42 PM To: PZmail@MyDelrayBeach.com Subject: Proposed Rezoning -Modification to the Blood's Grove SAD zone district Regarding proposed project Midtown Delray Hi Candi, I am a resident of the Hammock Reserve Development. I would like further information with regard to how this... proposed action may affect my property. You email was provided on the zoning notification to obtain this information. I appreciate your efforts to provide suce information. Thank you. Building a website is a piece of cake. Yahoo! Small Business gives you all the tools to get online. 9/14/2007 Page 1 of 1 , Breto, Estelio From: Breto, Estelio Sent: Monday, September 10, 2007 8:33 AM To: Breto, Estelio Subject: FW: Ascot Development Attachments: HOA - 20070909 -LETTER -City -Ascot - 02 .pdf From: bob lamour [mailto:bolamo@gmail.com] Sent: Sunday, September 09, 2007 7:13 PM To: Ellis, Rita Cc: Eliopoulos, Gary; Fetzer, Fred; McDuffie, Woodier montegue@mydelraybeach.com; CityAttorney@MyDelrayBeach.com; Gray, Joe; Kemp, Kymenski; CIDirector@MyDelrayBeach.com; PermitsLicenses@MyDelrayBeach.com; Dorling, Paul; Hoggard, Ron; Breto, Estelio; Vinci, Michael; Truxell@MyDelrayBeach.com; mviale@primemg.com; donmklein@adelphia.net; dklein@ad.fau.edu; alexsani@gmail.com; pennyhammel@comcast.net; kim@haagcompanies.com; wdiatdbc@aol.com; rsmaupin3@aol.com; bert1283@bellsouth.net; mguzi@proskauer.com Subject: Ascot Development Your Honorable Mayor Rita Ellis, Please find attached a letter describing the serious matter of the Ascot Development on old Blood's Grove site at the west end of Old Germantown Road. A hearing is scheduled before the City Planning and Zoning Board on September 17, 2007 at 6:00 pm, and as you can see by the distribution list, these issues are in the awareness of many City Staff and Residents of Delray Beach. Regardless of the outcome of the P&Z meeting, we are also aware of a Commission Meeting on October 2, 2007. We felt it in the best interests of the City to make contact with you and with our Commission with as few individuals as possible, but we will attend Board Meetings and Public Commission Meetings when they occur if we are aware. At your earliest convenience, I would like to meet with you to discuss our concerns in greater detail. Bob Lamoureaux Resident of Dekay Beach, Florida Vice President, Hammock Reserve Homeowner's Association (561}496-7161 bolamo e,~mail.com *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** Sunday, September 9, 2007 HONORABLE MAYOR RITA ELLIS 100 Northwest 1 S` Avenue Delray Beach, Florida 33444 Re: PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLED MIDTOWN DELRAY Delray Beach Planning File #2007-165 and 2007-166 Dear Honorable Mayor Ellis: Sent Yia hand delivery and entail: ritaellis~ajnydelraybeach.com As you may know, Ascot Development has submitted a proposal to develop a project within the boundary of the City of Delray Beach, which provides residential and commercial facilities on the site previously owned by Blood's Grove, at the west end of Old Germantown Road. The initial proposal had been submitted on or about Apri17, 2007 (date of site plan}, and subsequently resubmitted to City Planning and Zoning on August 3, 2007 (stamped date on plans). Select members of our community had been notified from the Delray Beach Planning and Zoning, mailed out on September 4, 2007. Ascot proposes to develop 116 residential townhouse units, on the south side of the properly, and a commercial structure of approximately 30,000 square feet. This project is partly sponsored by the Community Land Trust, and provides a proportion of the project for workforce housing. Although the CLT has admirable intentions, and we certainly welcome the opportunities made available for our community workforce through its efforts, we, as permanent residents of the immediate area, have a considerable stake in our property and value it as a functional and esthetic community in addition to our property's financial worth. After thoroughly reviewing this submittal and making every effort to understand the impact of this development with Delray Beach staff responsible for this proposal, it is obvious that an effort is being made by Ascot to `over-develop' and `over-construct' the Blood's Grove site in order to maximize it's profits, resulting in a severe and unnecessary penalty to the residents of the area. And if Ascot Development is allowed to do this, it will be against the will of the community of residents in the immediate area, and from what was learned over the previous several months, against the will of the Delray Beach Community Improvements Department, and the Delray Beach Planning Department. Ascot Development, in order to develop to the extreme in its proposal, has requested multiple variances and now even waivers on the property zoning itself. In each and every case of these variances and waivers, it has been to the benefit of its own financial gain and at the same time undermines the quality, appearance, safety, security, and character of the surrounding community. Ascot Development's proposal is taking advantage of what appears to be a loophole in the City of Delray Beach's LDR, however, the majority of their proposal develops the Blood's Grove site for residential use, and at the very least, should comply with our City's RM zoning rules consistent with adjacent surrounding residential communities, and should also, provide not only for the sake of the surrounding community, but also for the future of the new tenants of the development itself. Sunday, September 9, 2007 HONORABLE MAYOR RITA ELLIS Page 2 (continued) Ascot is proposing to reduce roadway widths, eliminate required sidewalks, reduce the amount of required upland reserves, significantly increase the density of residential units per acre, destroy and eliminate fencing and environmental buffer between it and adjacent communities, unnecessarily remove all existing vegetation and trees which provide security and safety to adjacent properties, including Orchard View Community Elementary School, and Orchard View Park, increase the building heights to a level beyond anything in the area, ignore `typical, reasonable, and appropriate' building set-backs from property lines, add significantly to traffic in the area, encroach on Linton Road right of ways in order to acquire more constructible land for commercial parking, and construct over the existing canal, just to name some of the issues we have. Literally thousands of the city's residents will be affected by the City's decisions regarding Ascot's development in the following weeks. Homeowners aware of this matter from properties adjacent to, and nearby this proposed development, such as Hammock Reserve, of which I reside, and other communities, such as Andover, Fox Chase, Highland Grove Estates, Oakmont, Rabbit Hollow, Spanish Wells, Valencia Court, Verona Woods, and Whispering Oaks, find the proposal unreasonable and unacceptable on many levels and request that the City of Delray Beach instruct Ascot Development to modify its submittal and plans accordingly in keeping with the general character of the adjacent community. I have respectfully requested a meeting with Your Honor and with Commissioner Gary Eliopoulos; as of this date have received no response. I would be happy to meet with you directly at our mutual convenience, to discuss the matter further. We urgently request your support on this matter. Sincerely, Bob Lamoureaux Resident of Delray Beach, Florida Vice President, Hammock Reserve Homeowner's Association (561) 496-7161 bolamo(c~gmail.com (Distribution list on following page) Distribution List: Rita Ellis, Mayor, City of Deh-ay Beach ritaellis@mydelraybeach.com Gary Eliopoulos, Commissioner, City of Delray Beach, gpe@mydelraybeach.com Fred Fetzer, Vice Mayor, City of Delray Beach, fetter@mydelraybeach.com Woodie McDuffie, Commissioner, City of Delray Beach, wmcduffie@mydelraybeach.com Brenda Montague, Deputy Vice Mayor, City of Delray Beach, montegue@mydehaybeach.com Susan A. Ruby, Esq. ,City Attorney, City of Delray Beach Community Land Trust Joseph Gray, Executive Director Kymenski Kemp, Development Manager Community Improvements Lula Butler. Director, Community Improvement Al Berg, Asst Dir, Community Improvement Nancy Davila. City Horticulturist City of Delray Beach City Planning CityAttorney@MyDelrayBeach.com grayj @ci.delray-beach. fl.us kemp@ci.delray-beach. fl. us CIDirector@MyDelrayBeach.com CIDirector@MyDelrayBeach.com PermitsLicenses@MyDelrayBeach.cnm Paul Dorling, Duector, Duector, City of Delray Beach Dorling@MyDelrayBeach.com Ron Hoggard, Principal Planner City of Delray Beach Hoggard@MyDelrayBeach.com Estelio Breto, Senior Planner City of Delray Beach Breto@MyDelrayBeach.com Michael Vinci, Assistant Planner City of Delray Beach Vinci@MyDelrayBeach.com Rebecca Truxell, Staff Assistant II, City of Delray Beach Truxell@MyDelrayBeach.com Planning and Zoning Board Site Plan Review and Appearance Board Germantown Road Homeowners Associations: mviale@primemg.com kim@haagcompanies.com wdiatdbc@aol.com rsmaupin3@aol.com bert1283@bellsouth.net mguzi@proskauer.com donmklein@adelphia.net dklein@ad.fau.edu alexsani@gmail.com pennyhammel@comcast.net Page 1 of 1 Valek, Denise From: David Lewin [dllewin@comcast.net] Sent: Friday, September 07, 2007 1:17 PM To: PZmail@MyDelrayBeach.com Subject: File #2007-165 & 2007-166 Candi Jefferson Good Afternoon, [ am an owner of property located in the Shadywoods community. My neighbor gave me a copy of the notice that she received regarding 'Midtown Delray' and the proposed re-zoning. ~. . [ am appalled that the City of Delray would even consider such high density development in this location on this site. Please give me all information regarding this proposed action. ti Nanking you in advance, Respectfully, David Lewin 4150 Palm Forest Drive North Delray Beach, FL 33445 del: 56Y-381-4534 ~/11/2007 ~KATl1ilAN & HORR A Proksslonsl Assod•Ua~ of Allomeys Apri16, 2007 FLORIDA OFFICES FORT LAUDERDALE MIAntI BOYNTON BEACH www.katzkorr.com Via Telefax & ReQUlar U.S. Mail (561) 243-7221 Mr. Michael Vinci, Assistant Planner City of Delray Beach 100 N.W. 1S` Avenue Delray Beach, Florida 33444 Re: Hammock Reserve Homeowners Association, Inc. Midtown Village Delray Our File No. 27786 Dear Mr. Vinci: LEIGH C. KATZMAN FERREN L. KORR RACHEL E. FRYDMAN DAVID A. KureERMAN MARx M. HEtrnSH KENNETH E. ZEILBERGER TENNII.LE M. SH~WASH HEATHER J. EDELMAN MAY HUSTEY MARY ANN CHANDLER STEPHEN A. FINAMORE I wanted to take this opportunity to thank: you for your quick response concerning my client, Hammock Reserve Homeowners Association, Inc.'s inquiries- about the Midtown Delray project. As I indicated, my office is general counsel to Hammocks Reserve: The Board thereofhas expressed certain concerns with respect to what they believe to be the planned development adjacent to their community (i.e. the Midtown Village project). As we discussed, it appears that the project is being developed by Ascot Development and you and I briefly reviewed information on Ascot's website concerning the project. Based upon what I understand to be your filrther research in the matter, the City of Delray has no documentation on file concerning the development of the subject property, including site plans, requests for variance, request for zoning change, or any other application. I have advised my cEciit ~f the foregoing, and they wiii continue to monitor the situation. Should my understanding of your findings be incorrect, please contact me immediately. Be that as it may, my client does have certain concerns with respect to the apparent land development and the site plan which I downloaded from Ascot Developments's website. Copies of the foregoing documents are enclosed herewith. These concerns include the following: .. The set backs, to the units adjacent to Orchard Lane appear to be inadequate. My client believes that at least as proposed,- the scale of the proposed development exceeds the_character of Hammocks Reserve and as such, the set backs should he significantly increased; ~_ r = ~ ~~ i i Y A~ 1501 Northwest 49th Street • Suite 202 • Fort Lauderdale, Florida 33309 • Tel 954.486.7774 • Fax 954.486.7782 Mr. Michael Vinci, Assistant Plannei City of Delray Beach April 6, 2007 Page 2 2. There appears to be no physical buffer between the development and this presents a security problem to Hammocks Reserve. Thus, in the event the project moves forward, the Association would desire construction of a continuous eight (8') foot concrete wall, which is similar in design to the wall around the adjacent areas of Hammocks Reserve. Similarly, the Board desires some type of planting buffers be installed between the developments; and 3. The height of the buildings appear to be out of scale to the general character of Hammocks Reserve. The-Board would request that the buildings be limited to a single story. While I understand it is premature to engage in any significant discussion of the foregoing, the Board did desire that the City be aware of its concerns. I again wish to thank you for your quick response and research into this project. Very truly yours, KEZ:chs Enclosure cc: Property Manager (w/ encl.) Account Representative (w/ encl.) :~ P:\WP'cmdo.6oa~CLIENTSW:unmat Resavc Fbmmwnas Associaiiai. luc`O7'}•ERV.tid~own Villa6c De1ny.27786V.aiv - Viud 040607.wpd KATZMAN & KORR, P.A. - Yage 1 or 1 Suggested Letter to City Commissioners: ~~ ~~~ ocr -~ ~~ CFTM--~ ~SSION Ge~-e & Lucy Davis 4086 Palm Forest Dr: S `Delray Beach, FL 33445 __ ~ = ~~ Z- (Name of Commissioner or Mayor to whom writing) City Hall.- 100 N.W. ls` Avenue Defray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Dear (Commissioner or Mayor): I live within the development of Shadywoods, which is located on Linton Blvd directly across from the planned Midtown Delray project. As a resident and homeowner for (include the number of years), I have along-standing major interest in maintaining the character and value of my home, which the intended 3-story high town homes and medical building will certainly destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many u-fuming and cross turning traffic, all within a'/z mile, which will only worsen with the enormous density of another 116 homes and-yet another medical facility. Iam Very our name) opposed to ~is construction. It is too dense and the buildings too high. ~~~ Gene & Lucy Davis 4086 Palm Forest Dr. S Delray $each, FL 33445 ~~cE~v~ QC1 - 91117 CCry WMMlSS10 October 4, 2007 Mayor, Rita Ellis Vice President, Fred Fetzer Deputy Vice-Mayor, Brenda Montague Commissioner, Gary Eliopoulos Commissioner, Woodie McDuffie City Hall 100 NW 1 ~` Avenue Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Dear Mayor, Vice President, Deputy Vice-Mayor and Commissioners: I live within the development of Shadywoods, which is located on Linton Boulevard directly across from the planned Midtown Delray project. As a resident and homeowner for almost 7 years, I have along-standing major interest in maintaining the character and value of my home, which the intended 3-story high townhomes and medical building will certainly destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many u-turning and cross turning traffic, all within a'/2 mile, which will only worsen with the enormous density of another 116 homes and yet another medical facility. I am strongly opposed to this construction. It is too dense and the buildings too high. tr ours, \, ~,. ante Coco 4237 Palm Forest Drive South Delray Beach, FL 33445 Octcbcr 5, 200i OCT - 9 2807 I City Hall Cc• ~~ 100 IQ.W. l~t Avenues Delray Beach, F1. ~4~4 Subject: O~~csition to Midtown Delray Development Dear %~~~ ~~~~ . I live within .the development of Shadytvoods, which is located cn Linton Blvd directly across from the Manned Midtown Delray Nroject. As a homeoy~Tner for 27 years, I have a long-standing major interest in maintaining th.e character and value of rty home, which. tre intended 3-story high totan homes and medical building will certainly destroy. Furthermore, our community of Shadywood.s already faces severe traffic difficulties with the many u-turnin5 traffic,. all within a- z mile, which will only women with the enormous density of another 116 homes and yet another medical facility. I am strcnGly olposed to this construction. dense and the buildings too hick. Very truly yours, " ~` "`~ It is too John A. Fatures X671 Arelia Drive N. Delray Beach, Florida 3445 RESTIVO 3694 ARELIA DRIVE S. DELRAY BEACH, FL 33445 -(561) 499-8549 OCTOBER 4,2007 MAYOR RITA ELLIS CITY HALL 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 SUBJECT: OPPOSITION TO MIDTOWN DELRAY DEVELOPMENT DEAR MAYOR: I LIVE WITHIN THE DEVELOPMENT OF S.HADYWOODS, WHICH IS LOCATED ON LLNTON BLVD. DIRECTLY ACROSS FROM THE PLANNED MIDTOWN DELRAY PROJECT, AS A RESIDENT AND HOMEOWNER FOR FIFTEEN YEARS, I HAVE A LONG-STANDING MAJOR INTEREST IN MAINTAINING THE CHARACTER AND VALUE OF MY HOME, WHICH THE INTENDED 3-STORY HIGH TOWN HOMES AND MEDICAL BUILDING WILL CERTAINLY DESTROY. ~ '~ (~~ Z FURTHERMORE, OUR COMMUNITY OF SHADYWOODS ALREADY FACES SEVERE TRAFFIC DIFFICULTIES WITH THE MANY U-TURNING AND CROSS TURNING TRAFFIC, ALL WITHIN A HALF MILE, WHICH WILL ONLY WORSEN WITH THE ENORMOUS DENSITY OF ANOTHER 116 HOMES AND YET ANOTHER MEDICAL FACILITY. I AM STRONGLY OPPOSED TO THIS CONSTRUCTION. IT IS T00 DENSE AND THE BUILDINGS T00 HIGH. VERY TRULY YOURS, ::.,~- ..~-P ~ ~ EDGE E RESTIVO ~~ ocr -s zooa L CITY COMMISSION ~c ~ Piz.-. Honorable Mayor Rita Ellis City Hall 100 NW 1~ Avenue Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Honorable Mayor Rita Ellis, 3807 Arelia Drive North Delray Beach, FL 33445-5742 October 4, 2007 p~~CEI!!E~ ~~~ ocr -a tai CITY CQMMISSION We live within the development of Shadywoods, which is located on Linton Boulevard that is directly across from the planned Midtown Delray Development project. As residents, homeowner, and voters for six (6) years, we have along-standing major interest in maintaining the character and value of our home, which the intended 3 story high town homes and medical building will certainly destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many u-turning traffic, all within a 1/z mile, which will only be worsen with the enormous density of another 116 homes and yet another medical facility. We are strongly opposed to the Midtown Delray Development project. It is too dense, buildings are too high, and will create additional traffic problems on Linton Boulevard. Thank you for your time. Very truly yours, ~i~ La rence J. Diou, Sr. .~tv Dorothy iou James and Karin Castryck 3917 Arelia Dr. S. Delray Beach, FL 33445 October 5~', 2007 Major Rita Ellis City Hall 100 NW 1S` Ave Delray Beach, FL 33444 S.ubject;,Opposition to Midtown Delray Development Dear Major: ~~c~uv~ U ocr , o ~oo~ CITY COMMISSION ~~ ~ ~~ z I live within the development of Shadywoods, which is located on Linton Blvd. directly across from the planned Midtown Delray project. As a resident and homeowner for 6 months, Ihave along-standing major interest in maintaining the character and value of my home, which the intended 3-story town homes and medical building will certainly destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many u-turning and cross turning traffic, all within a `/z mile, which will only worsen with the enormous density of another 116 homes and yet another medical facility. I am strongly opposed to this construction. It is too dense and the buildings too high. Very truly yours, r Karin Castryck ~~c~av~U ocT + 0 2~ ~Ty ~p~AM~SSION Mayor Rita Ellis 100 NW 1'~ Avenue Delray Beach, Florida 33444 Mayor Ellis: 4978 Garden Drive Delray Beach, Florida 33445 Tuesday, October 09, 2007 ~c ~ P~z-- I'm writing today regarding the planned develop by Ascot of a three-story medical building and athree-story multi-unit town home facility on the former Blood's Orchard property on the corner of Linton Bivd. and Old Germantown Road. This would be a disaster to the surrounding communities at the Hammock Reserve, Orchard View Elementary School and the developments along Old Germantown Road should this "eyesore" of a project be approved. 1 know I'm speaking for many others when 1 say we highly disapprove of this project going forward. The increased volume of traffic, especially in the mornings and afternoon during school hours shows the city is clueless" when it comes to planning. The property isn't even zoned for the project and the fact that zoning needs to be changed speaks for itself. Other areas in Delray Beach should be considered where the new project would fit in better with the surrounding area. There is a huge parcel of land on Linton Blvd. where the old Costco store used to be before moving to Congress Avenue. Put the greed aside and make an extension to the small park that already exists next to the school. Robert M. Rivell Hammock Reserve Resident 4144 Palm Forest Drive South Delray Beach, Florida: 33445 Mayor Rita Ellis City Hall 100 N.W. 1St Avenue Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Dear Mayor Ellis: October 2, 2007 ~C '. ~°~ Z (p~~CEAIVED Ull oe,T - d z~ CITY COMMISSION I live within the development of Shadywoods, located on Linton Boulevard directly across from the planned Midtown Delray project. As a resident and homeowner for the last five years I have a major interest in maintaining the character and value of my home, which the intended 3-story high town homes and medical building will certainty destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many U-turns and cross traffic from the medical buildings already present within 1/2 mile of our entrances. These difficulties wilt rise exponentially with the addition of another 116 homes and yet another medical facility. I am strongly apposed to this construction. Very truly yours, . Ross Vallely C c ` O~z- October 3, 2007 Mayor Rita Ellis 100 NW 1 gt Avenue Delray Beach, FL 33444 Re: Blood's Grove Proposed Rezoning File #2007-165 & 2007-166 During our Andover Annual Meeting, the homeowners expressed significant concern about the rezoning of the Blood's Grove property. On behalf of Andover, we, the Board of Directors, would like to register our strong opposition and objection to the proposed action. It is our opinion that the proposed Midtown Delray development would have a significantly detrimental effect upon the value and of our homes and the surrounding areas. Several homeowners attended the Planning and Zoning advisory Board meeting on September 17, 2007. Feedback from that meeting where the Board recommended approval of the development with the waivers and rezoning requests to the City Commission has raised the ire of our community. One of the natural aspects of Old Germantown Road is the mature natural vegetation that has existed. Eliminating this in favor of 116 town houses and a 3-story high medical office building with 148 parking spaces on the ground floor accompanied by a myriad of waivers to make it happen is, in the opinion of the Andover Board, total over-development of the site. This approach will negatively impact the area and result in an unacceptable environment in which to live. When the Midtown Delray project was submitted and approved fora $Sm state grant for workforce housing, the need for affordable housing was great. As all homeowners are now well aware, the property market has changed drastically since then and this is no longer the case. There is currently plenty of vacant housing properties in the area for sale at affordable prices and no shortage of medical offices. Old Germantown Road already has traffic flow problems. Any decisions need to take into consideration the investment of the homeowners in this area and their right to have reasonable egress/ingress into their communities. The size of this property and potential population as well as commercial traffic is truly unacceptable. We strongly urge the City Commission to reject this rezoning request and preserve our property values and investment in the area. We support Shadywoods' position as well as any other communities in the area in their opposition to this development and rezoning. We too would like to see Delray Beach retain its "Village by the Sea" character and preserve current quality of life and sense of place. Thank you for your time and attention to this matter. Respectfully, The Andover Board of Directors The Andover Association, Inc. c/o Haag Management Inc. • 2295 Corporate Blvd. NW, Suite 138 • Boca Raton, FL 33431 • (561)241-0285 LS~~~~~ 3730 -~reCia Drive South Q~~ 5' ~Q~1 Defray Beach, FCor~a 33445 ~I~ 56~-495-853n C~~ ~fV1~~~5 , '~ OCTOBER 4, 2007 MAYOR RITA ELLIS ('~ + 1 ~2 CITY HALL ', 100 N.W. 1st- AVENUE ' DELRAY BEACH, FL 33444 SUBJECT: OPPOSITION TO MIDTOWN DELRA'Y DEVELOPMENT DEAR MAYOR: '~ I LIVE WITHIN THE DEVELOPMENT .OF SH:A~DYWOODS, WHICH IS LOCATED ON LINTON BLVD. DIRECTLY ACRIOSS FROM THE PLANNED MIDTOWN DELRAY'PROJECT. A~S A RESIDENT AND HOMEOWNER FOR SIXTEEN YEARS, I HAVE 'A LONG-STANDING MAJOR INTEREST IN MAINTAINING THE CH'ARAGTER AND VALUE OF MY HOME, WHICH THE INTENDED'' 3-STORY HIGH TOWN HOMES AND MEDICAL BUILDING WILL CERTAINLY DESTROY. FURTHERMORE, OUR COMMUNITY OF SHADY~OODS ALREADY FACES SEVERE TRAFFIC DIFFICULTIES WITH THE!MANY U-TURNING AND CROSS TURNING TRAFFIC, ALL WITHIN A'HALF MILE, WHICH WILL ONLY WORSEN WITH THE ENORMOUS DIENSITY OF ANOTHER 116 HOMES AND. YET ANOTHER MEDICAL FA'~CILITY. I AM STRONGLY OPPOSED TO THIS CONSTR~~UCTION. IT IS T00 DENSE AND THE BUILDINGS T00 HIGH. ~ ~ ~ o e~ ~~~~ ~~a~~ ~f.T ' S ~~OT CITY COMMI~SIQt~ ~~~ ~~ ~~, .~ m- ,o~C~ ~- ~_-~ ~~yJ r 1'~ _ It r 4 - .October 3, 2007 Mayor -Rita Ellis City Hall 100 N.oV. 1 ~ Avenue Delray Beach, FL 33444 Re: Midtown Delray Development. Dear Mayor Ellis: - - - - - -~I ~~~ Piz I live in the Shadywoods development, which is located on Linton ..Boulevard directly across from the-proposed Midtown Delray project. -For. - the past ten years I have watched building after building go up on Linton Boulevard and Military Trail,. adding to the traffic problems in'our area. Now that Linton Boulevard has been widened, we have the -added problem of drivers making U-turns out of the existing medical building and/ongoing .over sixty miles an hour on Linton while we try to exit-our development safely. Tle residents of Shadywoods have only one way in and out of our development:, Linton Boulevard.. VVe have no back entrance,. no other choice. The Midtowri Delray project promises to add another'two hundred-,cars or so to our problem, all trying to get onto the same road at the same. time. Access to GermantownRoad is denied during rush: hour in the morning. because of the ORCHARD VIEW ELEMENTARY SCHOOL traffic.. What impact ~do ..you think this development might have for the safety of the elementary school children walking to and from school at Orch"d View Elementary? WHAT WAS THE PL~-NNING AND ZONING DEPARTMENT THINKING? DID THEY ALREADY RUN OUT OF ROOM FOR TOWNHOUSES ON FEDERAL HIGHWAY? I am strongly opposed to this construction. I feel that it will negatively impact the value and character of my home and only be of benefit to some builder who doesn't care how dense our community becomes. z~ •_ _~' Please help our community of long-time, quiet-living residents maintain our way of life and safety in small--town Delray Beach. This: is, after all, why we moved here! you for-your considers 'on, cc: Vice-Mayor r'red r'etzer Deputy Vice.-Mayor' Brenda Montague Commissioner Gary Eliopoulos Commissioner Woodie McDuffie ,:~ October 3, 2007 Mayor Rita Ellis City Hall 100 N.W. 1 ~` Avenue Delray Beach, FL 33444 Re: Midtown Delray Development (lCT ' ~t ?007 ~ GTV t~M~ssroN i `~l,o G~~~it~ ~'%'~~. Dear Mayor Ellis: CC ; ~~~ I live in the Shadywoods development, which is located on Linton Boulevard directly across from the proposed Midtown Delray project. For the past ten years I have watched building after building go up on Linton Boulevard and Military Trail, adding to the traffic problems in our area. Now thatLinton Boulevard -has been widened, we have the added problem of drivers making U:~turns out of the existing medical; building and/or-going over sixty miles an-hour on Linton whle~we try to exit our;development safely. The residents of Shadywoods have only one way in and out of our development:: Linton Boulevard. We-have no back entrance, no -other choice. The Midtown Delray project promises to add another two hundred cars or so to our problem, all trying to get onto-the same road at the same time. Access to Germantown Road is denied during rush hour in the morning because of the ORCHARD VIEW ELEMENTARY SCHOOL traffic. What impact do you think this development might have for the safety of the elementary school children walking to and from school at Orchard View Elementary? WHAT WAS THE PLpd~1NING AND ZONING DEPARTMENT THINKING? DID THEY ALREADY RUN OUT OF ROOM FOR TOWNHOUSES ON FEDERAL HIGHWAY? I am strongly opposed to this construction. I feel that it'will negatively impact the value and character of my home and omy be of benef t to some builder who doesn't care how dense our community becomes. ,. Please help our community oflong-time, quiet-living residents maintain our way of life and safety in small- town Delray Beach. This is, .after all, why we moved here! Thank you for your consideration, ~~ ~~ .Toni S.11~iullen. ,- cc: Vice-Mayor Fred Fetzer Deputy Vice-Mayor Brenda Montague Commissioner Gary Eliopoulos Commissioner Woodie McDuffie x/ F MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUSAN A. RUBY, CITY ATTORNEY DATE: OCTOBER 3, 2007 SUBJECT: AGENDA ITEM # I O • ~ REGULAR MEETING OF OCTOBER 16, 2007 SALE OF CONDOMINIUM UNITS 1-9 -FAMILY GOURMET FOOD MARKETS, LLC ITEM BEFORE COMMISSION The item before the City Commission is the sale of condominium units 1-9 Old School Square garage property, first floor located at the southwest corner of N.E. 2"d Avenue and N.E. 1St Street. A public hearing has been advertised for October 16, 2007 after 7:00 p.m. BACKGROUND The price offered for units 1-9 (as attached hereto) is $3,600,000.00. The proposed use of the property is a Gourmet Food Market and service area. There is no listing broker. Other conditions of the sale are as follows: 1. The sale is contingent on the preparation of condominium documents, budget, rules and regulations which may be amended during the due diligence period upon reasonable request of the Buyer to accommodate the use. 2. The documents shall allow the use of the units as a unified facility and allow for the preparation and sale of precooked meals, sale of foods, beverages, including wine (subject to licensure) and the operation of a gourmet market, a gourmet cooking school, a bookstore and other such retail activities permitted within the zoning of the property. 3. The land shall not be subject to a land lease. 4. The Buyer shall be assigned five covered parking spaces located above the upper boundary of the units and the exclusive right to use the storage space and telephone room (This request may need to be modified to accommodate the City to also use these areas). 5. The closing date is thirty (30) days after the latest event as to recording condominium documents obtaining a Certificate of Occupancy (unless waived by the buyer), operating of garage, but in no event earlier than thirty (30) days following the due diligence period. Attached is the Notice of Intent to Sell, cover letter and contract. FUNDING SOURCE N/A oK °5~ RECOMMENDATION City Commission discretion. [ITS CITY ATTORNEY (i 1Vt~~ lit ~~ Lr~U~= ~~-:LkAY BEACH, FLORIDA 33444 e t 't.L:PHONL-: Ohl ~?-t: ('9l) ° rACSIMILE: 561/278-4755 DELRAY BEACH O R O All-America City ® DATE: 1993 Zoo1 TO: FROM: MEMORANDUM October 3, 2007 City Commission Susan A. Ruby, City Attorney Writer's Direct Line: 5611243-7091 SUBJECT: Old School Square Retail Space We have received three contracts from two proposers. The details are set forth in the Commission memorandum for each project. We contemplated that we might receive another proposal prior to our advertising deadline date of Wednesday, October 3, 2007, in order to meet ordinance requirements to place the consideration of the contracts on the October 16, 2007 agenda. I did not receive the additional proposal, but I did receive the attached a-mail from that proposer declining to make an offer. Also, I am attaching some portions of the appraisal, so that you will have that information on October 16, 2007 for your consideration. Please call if you have any questions. SAR:ci Attachment Page 1 of 1 Ruby, Susan From: LJClegal@aol.com Sent: Tuesday, October 02, 2007 6:57 PM To: Ruby, Susan Cc: tom.mcmurrain@oplhotels.com; mkotler@sgczklaw.com; Clifford@blackfriars-uk.com Subject: Re: contracts retail space -OSS Susan, After much deliberation, we have decided to not put an offer together at this time on the Retail Space at the OSS Garage. As I know you do need to advertise the space as to the other offers the City has received, we do not want to delay that procedure. Louis Louis J. Carbone Managing Member Coastal Design & Development Group 11 S. Swinton Avenue Delray Beach, Florida 33444 Tel. 561-272-3419 Fax 561-272-6013 E-mail: LTC(a,CoastalDev.com www.CoastalDev.com See what's new at AOL.com and Make AOL Your Homepage. 10/3/2007 ROBERT B. BANTING, MAI, SRA, PRESIDENT State-Certified General Real Estate Appraiser RZ4 FRANK J. CARDO, MAI, VICE PRESIDENT State-Certified General Real Estate Appraiser RZI 190 ,~o~~soN ~ c,~-~~, ANC. «a««««cccc««««<«<««<u<«««««««««««<u<«««<«c Appraisers • Realtors »»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»» 521 SOUTH OLIVE AVENUE WEST PALM BEACH, FLORIDA 33401 www.andersoncan•.com Telephone (561) 833-1661 Fax (561) 833-0234 June 19, 2007 Susan A. Ruby, City Attorney City of Delray Beach 200 Northwest 15L Avenue Delray Beach, Florida 33444 Dear Ms. Ruby: Qelr y e4ervrce eSmce 1947 At your request, we have appraised the Old School Square Parking Garage commercial condominium units located at the southwest corner of Pineapple Grove Way and Northeast 1St Street in downtown Delray Beach, Florida. The purpose of this appraisal is to estimate the prospective market value, fee simple estate, as completed with a shell finish, of the subject units, as of October 15, 2007. The intended use of this report is for disposition considerations. The intended user of this report is the client, the City of Delray Beach. At the clients request we are valuing the units individually, a bulk sale value of all nine units, and a bulk sale value of units 1, 2, 3, and 4. The subject consists of nine commercial condominium units on the ground floor of the Old School Square Parking Garage now under construction with a planned completion date of October 2007. We have assumed completion of the subject project in a workman like manner in mid October 2007. The commercial units range from 1,204 square feet to 3,445 square feet. All nine total 16,753 square feet. The property is located in Pineapple Grove, a quaint, mixed use, shopping and living extension of the popular downtown Delray Beach. Unit 1, 2, 3, 4, and .5 face Northeast 1St Street while premium units 6, 7, 8 and 9 face Pineapple Grove Way. Intentions are for sale of the subject units as a shell with no interior finish and we have valued the bays accordingly. The parking garage will contain 540 spaces and is planned for public use with no parking fees. None are being sold with the units or assigned for specific unit use. Due to the amount of parking in the garage and two other recently completed parking garages nearby parking for the subject units should be sufficient. We have concluded a prospective market value for the subject Northeast 15t Street bays of $300 per square foot and $325 per square foot for the Pineapple Grove Way units. We have concluded that a 10 percent discount is appropriate for bulk sales of four or five units. A bulk value for the sale of all the units has also been analyzed. ,ANDERSON & CARR, INC. Susan A. Ruby, City Attorney City of Delray Beach June 19, 2007 As a result of our analysis, we have developed an opinion that the prospective market values of the subject units, as completed with a shell finish (as defined in the report), subject to the definitions, certifications, assumptions, limiting conditions, as set forth in the attached report, as of October 15, 2007, was: INDIVIDUAL UNIT VALUES Unit 1: $565,000 Unit 4: $580,000 Unit 7: $500,000 Unit 2: $390,000 Unit 5: $415,000 Unit 8: $510,000 Unit 3: $360,000 Unit 6: $1,120,000 Unit 9: $810,000 (Undiscounted Total of $5,250,000 / $313 Sq. Ft.) BULK SALE VALUES Units 1, 2, 3, & 4: $1,700,000 All Nine Units: $3,600,000 {$269 Sq. Ft.) ($215 Sq. Ft.) The following presents the appraisal in a summary report. This letter must remain attached to the report, which contains 50 pages, in order for the value opinion set forth to be considered valid. Your attention is directed to the Assumptions and Limiting Conditions, which follow. Respectfully submitted, ANDERSON & CARR, INC. Robert B. Banting, MAI, SRA State-Certified General Real Estate Appraiser RZA ~~ a~- Gary K. (err State-Certified General Real Estate Appraiser RZ2 RBB/GKO: agp ii .ANDERSON & CARR, INC. TABLE OF CONTENTS Page No. Summary Of Important Facts And Conclusions ...................... .....„ 1 ........................ Certification ................................................................................ ................. 3 ............... Assumptions And Limiting Conditions ....................................................................4 Subject Property Photos ............................................................................................. 7 Satellite Images .................................................................................................... 12 Plat Map ............................................................................. ..... .......................................14 Purpose And Date Of Appraisal .............................................................................15 Property Appraised ........................................................... ..............15 ......................... Legal Description .....................................................................................................15 Client ................... Intended Use And User ...........................................................................................16 ..................................................................16 Scope Of Assignment /Work .................................................. ....16 ............................ Property Rights Appraised .............................................................. ...............17 Definition Of Market Value .................................................... .......17 ......................... Natural, Cultural, Recreational . ...................................... ........17 ............................... Historical Or Scientific Significance ........................... ...........17 ................................. Neighborhood Data ..................................................................................................18 Property Data ............................................................................................................23 Owner Of Record ............................................................ ..........23 ........................... Palm Beach County Property Control Number ................................................. 23 Assessed Value And Taxes ..................................................................................23 Flood Zone ..................................................................... .........23 .............................. Census Tract .........................................................................................................23 Utilities .............................................................................. .................................... 23 Zoning /Land Use Plan .......................................................................................24 Concurrency ..........................................................................................................24 Sales History .........................................................................................................25 Site Analysis ..........................................................................................................25 Improvement Analysis .........................................................................................25 Highest And Best Use ..............................................................................................28 The Valuation Process ................................................................................ .........29 .... • Sales Comparison Approach ...................................................................................30 Summary ................................................................................................................ 46 Conclusion .............................................................. .............48 .................................. Bulk Sale Values ...................................................................................................48 Qua, 7l~ifieations for ~R-!obertv B. Banting, MAI, SRA, State Cettified General Real Fstau Appraiser R24 Qualifications for Vary I~. Orr, State Certified General Real Fswte Appraiser RZJ335 i ANDERSON & CARR, INC. SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: City of Delray Beach Property Owner: Property Rights Appraised: Special Assumption: Unusual Market Externality: Delray Beach Community Redevelopment Agency Fee Simple Completion of the public parking garage building and subject commercial condominium space. None Location: Southwest corner of Pineapple Grove Way and Northeast ls` Street, Delray Beach, Florida. Site/Land Area: 1.26 Acres Improvements: Nine, ground floor, street front, commercial condominium units totaling 16,753 square feet situated in a concrete, tilt-up, four story (plus roof) 540 space parking garage now under construction. Hazardous Waste Conditions: Zoning: None apparent Old School Square Historic Arts District and Central Business District Comprehensive Land Use: Flood Zone & Map Number: Commercial Core Zone `X', Map 125102-0004-D, Dated January 5, 1989. 1 ANDERSON & CARR, INC. Current Use: Commercial Condominium (under construction) Highest and Best Use: Commercial Condominium Value Conclusions: Cost Approach: N/A Income Capitalization Approach: N/A Sales Comparison Approach: See below Final Value Conclusions: Unit 1: $565,000 Unit 2: $390,000 Unit 3: $360,000 Unit 4: $580,000 Unit 5: $415,000 Unit 6: $1,120,000 Unit 7: $500,000 Unit 8: $510,000 Unit 9: $810,000 Bulk Sale Value of Units 1 through 4: $1,700,000 Bulk Sale Value of All Units: $3,600,000 Date of Prospective Value: October 15, 2007 Date of Report: June 19, 2007 Date of Inspection: May 22, 2007 Appraisers: Robert B. Banting, MAI State-Certified General Real Estate Appraiser RZ4 Gary K. Orr State-Certified General Real Estate Appraiser RZ2335 2 MITCHELL B. KIRSCHNER~ P.A. *Board Certified Real Estate Attorney September 26, 2007 Via UPS Susan Ruby, Esq. City Attorney City of Delray Beach 200 NW 1st Avenue Delray Beach, FL 33444 Dear Susan: Enclosed herewith please find executed proposed Purchaser originals of two contracts. The two contracts are as follows: 1. An offer to purchase contemplated Condominium Units 1 through 9 in the Municipal Garage being constructed on Pineapple Grove. This contract will replace the previously delivered contract offer as the previous contract offer reflected an amount for a mortgage. The revised contract deletes said reference. 2. The second contract for the five contemplated Condominium Units, specifically excluding the western four units, which we believe are intended to be leased to the Delray Beach Chamber of Commerce. In the instance of each contract, Family Gourmet Markets, LLC, is proposing to pay in excess of the appraised value based on both purchases. Family Gourmet Markets would prefer to acquire all nine units, and, if so, I would be pleased to prepare the Declaration of Condominium at no cost to the City in cooperation with you or whomever you would elect for that function. _ I enclose one original of each of the contracts. If either of the contracts is accepted, we would be more than happy to receive a copy of the fully executed contract. 1515 Norfh Federal Highway, Suite 374 Boca Raton, Florida 33432 Phone: (561) 347-0000 /Fax: (561) 395-4175 RECEfVED SEP 2 7 2001 CITY ATTORNEY Susan Ruby, Esq. September 26, 2007 Page 2 I would appreciate your review of the attached and advise if you determine there to be any technical issues, etc., which might impact on the offer in that Family Gourmet Markets, LLC, has terrific proposed plans for the location and would be most remiss if its offer would be reviewed on any basis other than price and intention to utilize all purchased units pursuant to one comprehensive business plan as opposed to numerous demised units. Thank you in advance for your courtesies. Very Mitch MBK/emg Enclosures cc: Mr. Jeffrey Sussman, Manager, Family Gourmet Markets, LLC From:MBK 10f 08f 2007 11:04 X051 P. 002f 002 MITCHELL B. KIRSCHNER~ P.A. 0.10 • Q~ •~ ~~ ~~ October 8, 2007 Via Fax to 561-278-4755 and First-Class Mail Susan Ruby, Esq. City Attorney City of Delray Beach 200 NW 1st Avenue Delray Beach, FL 33444 Dear Susan: Re: Proposed Contracts for Purchase of Family Gourmet Mazkets LLC Commercial Cando Space/Public Parking Garage SW Corner Pineauule Grove & NE 1~ Street With respect to each of the two Contracts previously submitted by Family Gourmet Markets LLC (as to both nine units and five units, respectively), kindly allow this letter to confirm my prior advice to you that Family Gourmet Markets LLC withdraws Paragraph 5 of the Addendum made part of each of the submitted Contracts. If you wish,. I would be more than happy to pmvide you with a formal amendment to the Addendum reciting the foregoing. very trul y Mitch cheer MBKfemg 95?5 North Federal Highway, Suite 3?4 Boca Raton, Florida 33432 Phone: j569j 347-0QQO /Fax (569j 395-4975 O g ~ ~~ /ri/'v"~~ , 7I' ~~ Cdtacnd~+ ~ ~ ~~ 4~ i ~~ T ^~ t E 1 ~ ~' { ~ ...~ ~.,.o.~r„rr.~~rr ~ ~~ ~ ~ ~~ ~~ ~~5~ ~ ~ ~~~ ~ ~~ 1 1. PURCHASE AND SALE: FAMILY GOURMET MARKETS, LLC P' q agrees io buy and CITY OF DELRAY BEACH ,, s agree to sell the properl d cribed ~ street Address: s.v~i. ~orner~lneapple Grove Way and NE 1st Street, Delray Beach ~ Legal Description: ~ Condominium Units 1 - 9, First Floor, Municipal Garage 1a 11 and the following Personal Property: 1z N!A 13 14 1s {all collectively referred to as the "Property") on the terms and conditions set forth below. The "Effective Date" of this 1s Contract is the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract Time 1z periods of 5 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period 1a ending on a Saturday, Sunday or national legal holiday will be extended until 5:D0 p.m. of the next business day. 1s 2. PURCHASE PRICE: $ 3.000,000 20 {a) Deposit held in escrow by Mitchel[ B. Kirschner, P.A. s 360,000 z1 (b} Additional deposit to be made within days from Effective Date 5 N/A 22 (c} Total mortgages {as referenced in Paragraph 3) ~ -0- z3 (d) Other. N!A ~ -0- z9 {e) Balance to close, subject to adjustments end prorations, z5 io be made with cash, locally drawn certified or cashier's check or wire transfer. $ 3.240.000 zs 3t~1~{f z7 apply for third party financing in the amount of $ or % of the purchase price to ze amortized over a period of years and due in no less then years and with a fixed interest r to exceed z9 ^ % per year or variable interest rate not to exceed ^ % at origin ith a lifetime cap not to 3o exceed °h from initial rate, with additional terms as follows: 31 32 35 39 Buyer will pay for the mortgagee iii 'r~Ce policy and for all loan expenses. Buyer will timely provide any and all credit, 3s employment, financial an ~ r nformation reasonably required by any lender. Buyerwill notify Seller immediately upon 36 obtaining financ' eing rejected by a lender. If Buyer, after diligent effort, fails to obtain a written commitment within 37 ays from Effective Date ("Financing Period"), Buyer may cancel the Contract by giving prompt notice !o Seller 30 3s Buyer { ~ ) (_) and Seller (,- 1 ~_,,) acknowledge receipt of a copy of this page, which is Page 1 of 5 Pages. CC-2 m 1~ Fiorida A:soelation ar Reallorst9. All dphts reeerved. Licensed ro Alta Sler raaftwsre. User Reptl S•~P2YWZ033He.1V11325-10U7 5oft>aV;~ and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Reserved. (305) 2798898 ALTA STlR ag 4. TITLE: Seller has the legal capacity to and will convey marketable title to the Properly by ~ statutory warranty deed at ^ other ,free of liens, easements and encumbrances of record or known to a2 Seller, but subject to property taxes for the year of closing covenants, restrictions and public utility easements of record; and 43 (list any other matters to which title will be subject} CAP o~df4. ~iovl ~ f t"~)(f~'j1'Z~ /1/ l~12t a~ provided there exists at closing no violation of the foreg 'ng ~ none of them pr vents Buyer's intended use of the Property 4s as vlt! ao ~~ 46 (a) Evidence of Title: Seller will, at (check one) Seller's ^ Buyer's expense and within ~ da~ n7 ~ from Effective Dale ^ prior to Closing Date ^ from date Buyer meets or waives financing contingency in ae Paragraph 3, deliver to Buyer {check one) a9 l;~ a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's 5o p^olicy in the amount of the purchase price for fee simple title subject only to exceptions stated above. an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. sz However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer 53 as a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format s4 acceptable io Buyer From Ehe policy effective date and certified to Buyer or Buyer's closing agent together with copies of ss all documents recited in the prior policy and in the update. se (b) Title Examination: Buyerwill, within 15 days from receipt of the evidence of title deliver written notice to Seller , of title s7 defects. Title will be deemed acceptable to Buyer if {1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers sa proper written notice and Seller cures the defects within ~ ~ days from receipt of the notice ("Curative Period"). If the s9 defects are cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. so Seller may elect not to cure defects if Seller reasonably believes any defect cannot be i;ured within the Curative Period. If st the defects are not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to s2 cure the defects to elect whether to terminate this Contract or accept title subject to existing defects and close the 63 transaction without reduction in purchase price. The party who pays for the evidence of title will also pay related title service sa fees including title and abstract charges and title examination. 65 (c} Survey; (check applicable provisions below) 66 D Seller wiq, within ~_ days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and s7 engineering documents, if any, and the following documents relevant to this transaction: 68 69 prepared for Seller or in Seller's possession, which show all currently existing structures. 70 ^ Buyerwill, ai ^ Seller's ^ Buyer's expense and within the time period allowed to deliver and examine title 71 evidence, obtain a current certified survey of the Properly from a registered surveyor. If the survey reveals encroachments 72 on the Property or that the improvements encroach on the lands of another, ^ Buyer will accept the Property with 73 existing encroachments ^ such encroachments will constitute a title defect to be cured within the Curative Period. 7a (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 7s (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing. 7s 5. CLOSING DATE AND PROCEDUR This a section will be closed in _ :~~~ ~~~ ~ ~ County, 77 Florida on or before y~ ~~ ,Gf~ or within days from Effective Date ("Closing Date"), unless 7e otherwise extended herein. Seller ^ Buyerwill designate the closing agent. Buyer and Seller will, within 79 days from Effective Dafe, deliver to Escrow Agent signed instructions which provide for closing procedure. If an institutional 80 lender is providing purchase funds, lender requirements as to place, time of day, and closing procedures will control over any ei contrary provisions in this Contract. ez (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the s3 deed. Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. If Seller is obligated e~ to discharge any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the es encumbrances. es (b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignments of leases, updated rent roll, e7 tenant and lender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants sa of the change in ownership/rental agent. if any tenant refuses to execute an estoppel letter, Seller will certify that information s9 regarding the tenant's lease is correct. if Seller is a corporation, Seller will deliver a resolution of its Board of Directors 9o authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting 9t forth facts showing the conveyance conforms with the requirements of local law. Sellerwill transfer security deposits to 9z Buyer. Buyer will provide the closing statement, mortgages and notes, security agreements and financing statements. 93 Buyer (~~ } ( }and Seller { ) ( )acknowledge receipt o(a copy of this page, which is Page 2 of 5 Pages CC-2 ®~ 997 Flonda Association of Realtors®. All rights reserved. Licensed fo Alfa Slar Software. Software and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Reserved. (305) 279-8898 9n (c) Taxes, Assessments, and Prorations: The following items will be made current and prorated 9s ~ as of Closing Date ^ as of :real estate taxes, bond and assessment payments 9s assumed by Buyer, interest, rents, association dues, insurance premiums acceptable to Buyer, operational expenses 97 and If the amount of taxes and 9a assessments for the current year cannot be ascertained, rates for the previous yearwill be used with due allowance being 99 made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially affecting too the Property: .Buyer will be responsible ioi for all assessments of any kind which become due and owing on or after Effective Date, unless the improvement is ioz substantially completed as of Closing Oate, in which case Seller will be obligated to pay the entire assessment. io3 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ("FIRPTA") requires Buyer to withhold at tan closing a portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S.") if Seller is a "foreign ios person" as defined by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to ios provide, at or prior to closing, appropriate documentation to establish any applicable exemption from the withholding io7 requirement. If withholding is required and Buyer does not have cash sufficient at closing to meet the withholding toe requirement, Seller will provide the necessary funds and Buyerwill provide proof to Seller that such funds were properly io9 remitted to the I.R.S. g , I /~~G~,1~'~ P, ,~~ . iio 6. ESCROW: Bu Brand Seller authorize ~' G flG~ ~ ~ i Telephone: G - -t3G~~o Facsimile~: ~S ~ 7 , 11z Address: t '.a .Y/.t? j oC(p. ~y ,J '~, 3L ~i~ ~ y to act as "Escrow 113 Agent" to receive funds and other ile sand, subject to clearance, dis urse them in accordance with the terms of this tin Contract. Escrow Agent will deposit all func#s-r~cQjued,~y~ ^ anon-interest bearing escrow account ~' an interest bearing its es o account with interest accruing to \y-!J1 ~1! with interest disbursed (check one) its ~at closing ^ at intervals. If Escrow Agent receives conflicting demands or has a good faith 117 doubt as to Escrow Agent's duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow until its the parties mutually agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' i i9 rights regarding the escrow or {b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction izo over the dispute. Upon notifying the parties of such action, Escrow Agent will be released from all liability except for the duty izi to account for items previously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with izz applicable provisions of Chapter 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party izi because of acting as agent hereunder or interpleads the subject matter of the escrow, Escrow Agent will recover reasonable izn attorneys' fees and costs at all levels, with such fees and costs to be paid from the escrowed funds or equivalent and charged izs and awarded as court or other costs in favor of the prevailing party. The parties agree that Escrow Agent will not be liable to izs any person for misdelivery to Buyer or Seller of escrowed items, unless the misdelivery is due to Escrow Agent's willful breach iz7 of this Contract or gross negligence. ize 7. PROPERTY CONDITION: Seller will deliver the Properly to Buyer at the time agreed in its present "as is" condition, izs ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no i3o warranties other than marketability of title. By accepting the Property "as is," Buyer waives alt claims against Seller for any 131 defects in the property. (Check (a) or (b)} i3z ^ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" 733 condition. i3n ^ (b) Due Diligence Period: Buyerwill, at Buyer's expense and within ~ days from Effective Date ("Due 135 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended t3s use and development of the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any i37 tests, analyses, surveys and investigations ("Inspections") which Buyer deems necessary io determine to Buyer's i39 satis(aciion the Property's engineering, architectural, environmental properties; zoning and zoning restrictions; flood zone 139 designation and restrictions; subdivision regulations; soil and grade; availability of access to public roads, water, and other iao utilities; consistency wish local, slate and regional growth management and comprehensive Land use plans; availability of ini permits, government approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and taz ground water contamination; and other inspections that Buyer deems appropriate to determine the suitability of the Property ini for Buyer's intended use and development. Buyer shall deliver written notice to Seller prior to the expiration of the Due inn Diligence Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this ins notice requirement shalt constitute acceptance of the Property in its present "as is" condition. Seller grants to Buyer, its ins agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence Period for the purpose in7 of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and ino conduct Inspections at their own risk. Buyer shall indemnify and hold Seller harmless from losses, damages, costs, claims ins and expenses of any nature, including attorneys' fees at all levels, and from liability to any person, arising from the conduct iso of any and all inspections or any work aulhorized by Buyer. Buyer will not engage in any activity that could result 'in a isi mechanic's lien being filed against the Property without Seller's prior written consent. In the event this transaction does not isz close, (1) Buyer shall repair all damages to the Property resulting from the Inspections and return the Property to the isi condition it was in prior to conduct of the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports isn and other work generated as a result of the inspections. Should Buyer deliver timely notice that the Property is not iss acceptable, Seller agrees that Buyer's deposit shall be immediately returned to Buyerand the Contract terminated. i56 Buyer (~.LZ} ( )and Seller ( ) ( )acknowledge receipt of a copy of this page, which is Page 3 of 5 Pages CC-2 ®1997 Florida Assacielion of Realtors®. All nphts reserved. Licensed to Aha Ster Software. Software and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Reserved. (3D5) 279-8898 1sT (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parties, Ise conduct a Final "walk-through" inspection of the Property to determine compliance with this paragraph and to ensure that all Ise Property is on the premises. 160 (d) Disclosures: 161 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 16z quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and 163 state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be 16a obtained from your county public health unit. 165 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the 166 Real Property. 167 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any Ise business conducted on the Property in the manner operated prior to Contract and will take no action that would adversely 16s impact the Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect the 17o Property or Buyer's intended use of the Property will be permitted ^ only with Buyer's consent ^ without Buyer's 171 consent. 17z 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met 173 and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned 17a in accordance with applicable Florida laws and regulations. 17s 10. DEFAULT: 176 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title 177 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific ,7e performance. If Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. 17s (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all 1eo deposit(s) paid or agreed io be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this ,e1 Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance, If tez Seller retains the deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all 1e3 forfeited deposits retained by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee. lea 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing 1es party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, 1e6 costs and expenses. 1e7 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a lee licensed real estate Broker ot~he/r than: 1es (a) Listin Broker:. /t/ /~ 1so who is ~ an agent of 1s1 ^ a transaction broker ^ a nonrepresentative and who will be 1sz compensated by ^ Seller ^ Buyer ^ both parties pursuant to ^ a listing agreement ^ other (specify): 193 1sa (b) Cooperating Broker: - ~ ~/ ~~.1 1ss who is ^ an agent of 1s6 ^ a transaction broker a nonrepresentative and who will be 1sT compensated by ^ Buyer ^ Seller ^ both parties pursuant to ^ an ML5 or other offer of compensation to a Ise cooperating broker ^ other (specify} 1es (collectively referred to as "Broker"} in connection with any act relating to the Properly, including but not limited to inquiries, zoo introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker zos harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all zoz levels, and from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in zo3 this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker zoo at the request of Buyer or Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or zos (4) recommendations of or services provided and expenses incurred by any third party wham Broker refers, recommends or zos retains for or on behalf of Buyer or Seller. zoz 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise ~ is not zae assignable ^ is assignable. The terms "Buyer," "Seller" and "Broker" may be singular or plural. This Contract is binding zos upon Buye/r, Seller and their heirs, personal representatives, successors and assigns (if assignment is permitted). z1o Buyer (~ `7 ) ( )and Seller ( ) ( )acknowledge receipt of a copy of this page, which is Page 4 of 5 Pages. CC-2 ®1997 Florida Association of Realtors®, Afl rights reserved. Licensed to Alta Star Software. Software and Added Formatting Copyright 2004 Alta Star Software, Inc. Afl Rights Reserved. (305) 279-8898 111 z1z 213 z1a z1s 21s z17 218 219 zzo zzt zzz 223 224 z2s 226 227 22B 229 230 231 232 233 234 235 23b 237 236 239 zoo 241 242 243 244 245 246 247 zaB 24 9 zso 251 zs2 253 254 255 2ss 257 z5e 259 zso 261 262 263 264 zss 266 zs7 14^. OPTIONAL CLAUSES: {Check if ai7xof the following clauses are applicable and~re attached as an addendum to this Contracl)• Arbitration LL!! Seller Warranty LO.t Existing ~ rl~~e ,~~ ^ 5ection 1031 Exchange ^ Coastal Construction Control Line Other a' ill/~C~ ~' ^ Property Inspection and Repair ~ Flood Area Hazard Zone ^ Other ^ Seller Representations ~ Seller Financing ^ Other 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be construed under Florida law and will not be recorded in any public records. Delivery of any written notice to any party's agent will be deemed delivery !o that party. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSQNAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. DEPOSIT RECEIPT: Deposit of $ by ^ check ^ other BUYER: 45 Tax ID No: _ Jigna[Ure OT tSCfOW Hgen[ OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a signed copy delivered to Buyeror Buyer's agent no later than ^ a.m. ^ p.m. on Buyer may revoke this offer and receive a refund of all deposits. ~t ~~~ 1f~1 ~ ~ ` ~aitR~~ '~' /Vl JQ l2 ' ! ~J ~ LG' Date: BUYER: '~~ -c~ -~~~ -t,~n ~ l Tax ID No: Title: l7'a~°-~ >/ Telephone: _~~/ ~~-'-)--~5~ Facsimi Address: r- / r. ~ ~r,~ e ~ r / ., / U_,. „~ ~ ~., ~ ,~ , ~ n Dale: Title: _ Address: Telephone: received on Facsimile: ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions ( ^ subject to the attached counter offer). Dale: Title: _ Address: 2fi8 2s9 Date: zzo 271 zzz 273 274 SELLER: Tax ID No: Title: Telephone: Facsimile: Address: Buyer (~/~) ( )and Seller ( } { }acknowledge receipt of a copy of This page, which is Page 5 of 5 Pages. The Florida Assocation of Realtors and local BoardlASSOCietion of Realtors make no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transaclions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a Realtor. Realtor is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of Realtors and who subscribe to its Code of Ethics The copyright laws or the United Stales (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms. SELLER: Tax ID No: Telephone: Facsimile: :~ CC-2 m 1997 Florida Association of Realtors®. All rights reserved. Licensed la Alta Star Software. Software and Added Formatting Copyright 2004 Alta Star Software, Inc. Alt Rights Reserved. (305) 279-8898 ADDENDUM BUYER: FAMILY GOURMET MARKETS, LLC SELLER: CITY OF DELRAY BEACH PROPERTY: Condominium Units 1 - 9, First Floor, Municipal Garage The following clauses shall amend the Deposit Receipt and Contract for Sale and Purchase ("Contract") to which this Addendum is attached. In the event of inconsistencies between this Addendum and the Contract attached hereto, the provisions contained in this Addendum shall prevail. 1. DELIVERY OF GOVERNING DOCUMENTS. The Contract is subject to and contingent upon Buyer receiving the recorded Declaration of Condominium, together with the Budget, Rules and Regulations, Articles of Incorporation and Bylaws of the not for profit association which will govern the Condominium together with those other documents enumerated as to be delivered to a purchaser of a under Sections 718.503, and 718.504 Florida Statutes, ("Governing Documents"). If the Governing Documents have- not been recorded as of the Effective Date, Buyer shall receive a copy of the form of Governing Documents which Seller intends to record in the public records of Palm Beach County, Florida. 2. AMENDMENT OF GOVERNING DOCUMENTS. During the Due Diligence Period Seller agrees upon reasonable request of Buyer to the amendment of the Governing Documents, to the extent necessary or appropriate for the purpose of rendering the Governing Documents so as not to prohibit, preclude or interfere with use of the Units as a unified facility (as opposed to all Units being internally demised) within which the preparation and sale of pre-cooked meals, or the sale foods and beverage sales,( including wine ,subject to the obtaining of the appropriate alcoholic beverage for sale for consumption off- premises), the operation of a gourmet market, a gourmet cooking school, a bookstore and such other retail activities permitted within the zoning for the Premises. 3. ASSIGNMENT OF DEVELOPER RIGHTS. Upon the closing of the sale of all of the Units to Buyer, Seller shall assign to Buyer all rights and powers all Developer rights of the Condominium as available under Chapter 718, Florida Statutes. 4. ASSOCIATION APPROVAL. If the Condominium's Association ("Association") has been formed as of the Effective Date, the Contract is subject to and contingent upon Buyer being approved by the Association if such approval is required under Governing Documents. MBK #23197.1 NO LAND LEASE. Seller represents that it owns the land that is, will be submitted to condominium (as the "Units") is owned by Seller in fee simple, that the condominium is not being developer on an air rights parcel ,and that there is no land lease associated with the Condominium. 6. ASSESSMENTS. Seller represents that Seller is not aware of any certified or pending assessments to which the Units would be subject. Seller shall be responsible for and shall pay all special assessments to which the Units are or would be subject prior to the date of closing. 7. PARKING SPACES AND STORAGE. The following are included in the sale of the Units: (a} the assignment to Buyer of five (5) covered parking space(s) within the parking garage to be located above the upper boundary of the Units in a location reasonably accessible to the Units. (b) the exclusive right to use the storage space and telephone room on the first floor. 8. CLOSING DATE: This transaction will be closed in Delray Beach, Florida, thirty (30) days following the latest to occur of (i) the recording of the Declaration of Condominium ("Declaration"), or, as applicable, the amendment of the Declaration of Condominium in furtherance of Section 2 above; (ii) the obtaining of the Certificate of Occupancy or final approval for the shell of the Units, unless, however, Seller permits Buyer permission to commence Buyer's internal improvement of the Units prior to the date thereof, in which event Buyer may waive this Subsection in writing; and (iii) the opening of the ~ublic parking garage for use by the public, but in no event earlier than the thirtieth (30) day following the Due Diligence Period. BUYER: FAMILY GOURME2 MARKETS, LLC ,~- /ice Title: ~- '~~ ~ ~ n n . -i ~i / ~~ l~ ~ UGC -, i4 Date: ,~~/O,1- ~~ SELLER: CITY OF DELRAY BEACH By: _ Title: Date: -2- MBK #23197.1 ~~ .. C.- ~-e(d~ www.bocanews.com • Boca Raton/Delray Beach News -Friday-Saturday, October 5-6, 2007 13 PUBLIC HEARING NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN, that the Cdy of Delray Beach, Florida, has de- termined to sell the following real property: Condominium Units 1-g, First Floor of the Old School Square Garage locat- ed on the Southwest corner of N.E. 2nd Avenue (Pineapple Grove Way) and N.E. tst Street. The sale of this property has resulted'. in several offers, one of which is the I sale of the property Pursuant to a con- tract between the City of Delray Beach (Seller) and Family Gourmet Markets, LLC (Buyer) in the amount of Three Million SiK Hundred Dollars ($3,600,000.00) plus additional con- sideration and terms, as set forth in i the Contract for Sale and Purchase. Further information may be obtained Irom the City Clerk's office. The City Commission of fhe City of Delray Beach, Florida shall hold a public hearing on the proposed sale at their regular City Commission meeting of October 16, 2007 at 7:00 p.m. in the City Commission Chambers, City Hall, 100 N.W. 1st Avenue, City of Delray Beach, Florida. CfTY OF DELRAY BEACH, FLORIDA Chevelle D. Nubin, CMC City Clerk Publish: October 5 & 12, 2007 Boca RatonlDelray Beach News MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUSAN A. RUBY, CITY ATTORNEY DATE: OCTOBER 3, 2007 ~I SUBJECT: AGENDA ITEM # ~ ~• ~ REGULAR MEETING OF OCTOBER 16, 2007 SALE OF CONDOMINIUM UNITS 5-9 -FAMILY GOURMET FOOD MARKETS, LLC ITEM BEFORE COMMISSION The sale of condominium units 5-9, excluding the western four units in the Old School Square (OSS) parking facility on the first floor located at the southwest corner of N.E. 2"d Avenue and N.E. 1St Street. A public hearing has been advertised for October 16, 2007 at 7:00 p.m. BACKGROUND The price offered for units 1-5 (as attached hereto) is $2,347,499.20. The proposed use of the property is a Gourmet Food Market and service area. There is no listing broker. Other conditions of the sale are as follows: 1. The sale is contingent on the preparation of condominium documents, budget, rules and regulations which may be amended during the due diligence period upon reasonable request of the Buyer to accommodate the use. 2. The documents shall allow the use of the units as a unified facility and allow for the preparation and sale of precooked meals, sale of foods, beverages, including wine (subject to licensure) and the operation of a gourmet market, a gourmet cooking school, a bookstore and other such retail activities permitted within the zoning of the property. 3. The land shall not be subject to a land lease. 4. The Buyer shall be assigned five covered parking spaces located above the upper boundary of the units and the exclusive right to use the storage space and telephone room (This request may need to be modified to accommodate the City to also use these areas). 5. The closing date is thirty (30) days after the latest event as to recording condominium documents obtaining a Certificate of Occupancy (unless waived by the buyer), operating of garage, but in no event earlier than thirty (30) days following the due diligence period. Attached is the Notice of Intent to Sell, cover letter and contract. FUNDING SOURCE N/A RECOMMENDATION City Commission discretion. st°-°w ~ ~~,. .~~ ~ ~ ~ ~rcr 1.'tf,~ 1st A~~ET1U ~ ° DEI.RAY BEACH, FLORIDA 33444 ~~ ~~ ~~~ ~~'~EPHONE: ~6ii"":-~ %ii9i, ° rACSIri4ILE: 561/278-4755 DELRAY BEACH o ~ o All-America City 1 I ® DATE: 1993 zoos TO: FROM: Writer's Direct Line: 561!243-7091 MEMORANDUM October 3, 2007 City Commission _ Susan A. Ruby, City Attorney SUBJECT: Old School Square Retail Space We have received three contracts from two proposers. The details are set forth in the Commission memorandum for each project. We contemplated that we might receive another proposal prior to our advertising deadline date of Wednesday, October 3, 2007, in order to meet ordinance requirements to place the consideration of the contracts on the October 16, 2007 agenda. I did not receive the additional proposal, but I did receive the attached a-mail from that proposer declining to make an offer. Also, I am attaching some portions of the appraisal, so that you will have that information on October 16, 2007 for your consideration. Please call if you have any questions. SAR:ci Attachment Page 1 of 1 Ruby, Susan From: LJClegal@aol.com Sent: Tuesday, October 02, 2007 6:57 PM To: Ruby, Susan Cc: tom.mcmurrain@oplhotels.com; mkotler@sgczklaw.com; Clifford@blackfriars-uk.com Subject: Re: contracts retail space -OSS Susan, After much deliberation, we have decided to not put an offer together at this time on the Retail Space at the OSS Garage. As I know you do need to advertise the space as to the other offers the City has received, we do not want to delay that procedure. Louis Louis J. Carbone Managing Member Coastal Design & Development Group 11 S. Swinton Avenue Delray Beach, Florida 33444 Tel. 561-272-3419 Fax 561-272-6013 E-mail: ~C(c~CoastalDev.com www.CoastalDev.com See what's new at AOL.com and Make AOL Your Homepage. . 10/3/2007 ROBERT B. BANTING, MAI, SRA, PRESIDENT StatoCertified Genera] Real Estate Appraiser RZ4 FRANK J. CARDO, MAI, VICE PRESIDENT State-Certified General Real Estate Appraiser RZ1190 ,~c~~soN ~ c,~~, ANC. ««««u<u<u<u««<c«««u«««««c««««««««««««c«< Appraisers •Realtors »»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»» 521 SOUTH OLIVE AVENUE WEST PALM BEACH, FLORIDA 33401 www.andetsoncarr.com Telephone (561) 833-1661 Fax (561) 833-0234 June 19, 2007 Susan A. Ruby, City Attorney City of Delray Beach 200 Northwest ls` Avenue Delray Beach, Florida 33444 Dear Ms. Ruby: cZ~y ~~ s~~e 1~~ At your request, we have appraised the Old School Square Parking Garage commercial condominium units located at the southwest corner of Pineapple Grove Way and Northeast 1S` Street in downtown Delray Beach, Florida. The purpose of this appraisal is to estimate the prospective market value, fee simple estate, as completed with a shell finish, of the subject units, as of October 15, 2007. The intended use of this report is for disposition considerations. The intended user of this report is the client, the City of Delray Beach. At the clients request we are valuing the units individually, a bulk sale value of all nine units, and a bulk sale value of units 1, 2, 3, and 4. The subject consists of nine commercial condominium units on the ground floor of the Old School Square Parking Garage now under construction with a planned completion date of October 2007. We have assumed completion of the subject project in a workman like manner in nud October 2007. The commercial units range from 1,204 square feet to 3,445 square feet. All nine total 16,753 square feet. The property is located in Pineapple Grove, a quaint, mixed use, shopping and living extension of the popular downtown Delray Beach. Unit 1, 2, 3, 4, and .5 face Northeast 1S2 Street while premium units 6, 7, 8 and 9 face Pineapple Grove Way. Intentions are for sale of the subject units as a shell with no interior finish and we have valued the bays accordingly. The parking garage will contain 540 spaces and is planned for public use with no parking fees. None are being sold with the units or assigned for specific unit use. Due to the amount of parking in the garage and two other recently completed parking garages nearby parking for the subject units should be sufficient. We have concluded a prospective market value for the subject Northeast 1~` Street bays of $300 per square foot and $325 per square foot for the Pineapple Grove Way units. We have concluded that a 10 percent discount is appropriate for bulk sales of four or five units. A bulk value for the sale of all the units has also been analyzed. ANDERSON & CARR, INC. Susan A. Ruby, City Attorney City of Delray Beach June 19, 2007 As a result of our analysis, we have developed an opinion that the prospective market values of the subject units, as completed with a shell finish (as defined in the report), subject to the definitions, certifications, assumptions, limiting conditions, as set forth in the attached report, as of October 15, 2007, was: INDIVIDUAL UNIT VALUES Unit 1: $565,000 Unit 4: $580,000 Unit 7: $500,000 Unit 2: $390,000 Unit 5: $415,000 Unit 8: $510,000 Unit 3: $360,000 Unit 6: $1,120,000 Unit 9: $810,000 (Undiscounted Total of $5,250,000 / $313 Sq. Ft.) BULK SALE VALUES Units 1, 2, 3, & 4: $1,700,000 All Nine Units: $3,600,000 ($269 Sq. Ft.) ($215 Sq. Ft.) The following presents the appraisal in a summary report. This letter must remain attached to the report, which contains 50 pages, in order for the value opinion set forth to be considered valid. Your attention is directed to the Assumptions and Limiting Conditions, which follow. Respectfully submitted, ANDERSON & CARR, INC. Robert B. Banting, MAI, SRA State-Certified General Real Estate Appraiser RZA Gary K. Carr State-Certified General Real Estate Appraiser RZ2 RBB/GKO:agp ii ANDERSON & CARR, INC. TABLE OF CONTENTS Page No. Summary Of Important Facts And Conclusions ...................................................1 Certification ................................................................................................................3 Assumptions And Limiting Conditions ....................................................................4 Subject Property Photos .............................................................................................7 Satellite Images .........................................................................................................12 Plat Map ....................................................................................................................14 Purpose And Date Of Appraisal .............................................................................15 Properly Appraised ..................................................................................................15 Legal Description .....................................................................................................15 Client .........................................................................................................................16 Intended Use And User ...........................................................................................16 Scope Of Assignment /Work ..................................................................................16 Property Rights Appraised ......................................................................................17 Definition Of Market Value ....................................................................................17 Natural, Cultural, Recreational . .............................................................. ...............17 Historical Or Scientific Significance .......................................................................17 Neighborhood Data ..................................................................................................18 Property Data ............................................................................................................23 Owner Of Record ................................................................................................. 23 Palm Beach County Property Control Number .................................................23 Assessed Value And Taxes ..................................................................................23 Flood Zone ............................................................................................................23 Census Tract .........................................................................................................23 Utilities ..................................................................................................................23 Zoning /Land Use Plan .......................................................................................24 C°ncurrency ..........................................................................................................24 Sales History .........................................................................................................25 Site Analysis ..........................................................................................................25 Improvement Analysis .........................................................................................25 Highest And Best Use ..............................................................................................28 The Valuation Process .............................................................................................29 Sales Comparison Approach ...................................................................................30 Summary ................................................................... ............................ 46 ................. Conclusion .............................................................................................................48 Bulk Sale Values ...................................................................................................48 Qua7li~~fi: cations for ^RobertT B. Banting, MAI, SRA, State Certified General Real FstateAppraiser xza QuallfiCatlOns for Gary K. Orr, state Certiled General Real Estate Appraiser RZ2335 ANDERSON & CARR, INC. SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: Property Owner: Property Rights Appraised: Special Assumption: Unusual Market Externality: Location: Site/Land Area: City of Delray Beach Delray Beach Community Redevelopment Agency Fee Simple Completion of the public parking garage building and subject commercial condominium space. None Southwest corner of Pineapple Grove Way and Northeast 15L Street, Delray Beach, Florida. 1.26 Acres Improvements: Nine, ground floor, street front, commercial condominium units totaling 16,753 square feet situated in a concrete, tilt-up, four story (plus roof) 540 space parking garage now under construction. Hazardous Waste Conditions: Zoning: None apparent Old School Square Historic Arts District and Central Business District Comprehensive Land Use: Flood Zone & Map Number: Commercial Core Zone `X', Map 125102-0004-D, Dated January 5, 1989. 1 ANDERSON & CARR, INC. Current Use: Commercial Condominium (under construction) Highest and Best Use: Commercial Condominium Value Conclusions: Cost Approach: N/A Income Capitalization Approach: N/A Sales Comparison Approach: See below Final Value Conclusions: Unit 1: $565,000 Unit 2: $390,000 Unit 3: $360,000 Unit 4: $580,000 Unit 5: $415,000 Unit 6: $1,120,000 Unit 7: $500,000 Unit 8: $510,040 Unit 9: $810,000 Bulk Sale Value of Units 1 through 4: $1,700,000 Bulk Sale Value of All Units: $3,600,000 Date of Prospective Value: October 15, 2007 Date of Report: June 19, 2007 Date of Inspection: May 22, 2007 Appraisers: Robert B. Banting, MAI State-Certified General Real Estate Appraiser RZ4 Gary K. Orr State-Certified General Real Estate Appraiser RZ2335 2 MITCHELL B. KIRSCHNER~ P.A. *Board Certified Real Estate Attorney September 26, 2007 Via UPS Susan Ruby, Esq. City Attorney City of Delray Beach 200 NW 1st Avenue Delray Beach, FL 33444 Dear Susan: Enclosed herewith please find executed proposed Purchaser originals of two contracts. The two contracts are as follows: 1. An offer to purchase contemplated Condominium Units 1 through 9 in the Municipal Garage being constructed on Pineapple Grove. This contract will replace the previously delivered contract offer as the previous contract offer reflected an amount for a mortgage. The revised contract deletes said reference. 2. The second contract for the five contemplated Condominium Units, specifically excluding the western four units, which we believe are intended to be leased to the Delray Beach Chamber of Commerce. In the instance of each contract, Family Gourmet Markets, LLC, is proposing to pay in excess of the appraised value based on both purchases. Family Gourmet Markets would prefer to acquire all nine units, and, if so, I would be pleased to prepare the Declaration of Condominium at no cost to the City in cooperation with you or whomever you would elect for that function. I enclose one original of each of the contracts. If either of the contracts is accepted, we would be more than happy to receive a copy of the fully executed contract. 7515 North Federal Highway, Suite 314 Boca Raton, Florida 33432 Phone: (561) 347-0000 /Fox j561) 395-4975 DECEIVED SEP 2 7 Z00T CITY ATTORNEY Susan Ruby, Esq. September 26, 2007 Page 2 I would appreciate your review of the attached and advise if you determine there to be any technical issues, etc., which might impact on the offer in that Family Gourmet Markets, LLC, has terrific proposed plans for the location and would be most remiss if its offer would be reviewed on any basis other than price and intention to utilize all purchased units pursuant to one comprehensive business plan as opposed to numerous demised units. Thank you in advance for your courtesies MBK/emg Enclosures Very Mitchell B. cc: Mr. Jeffrey Sussman, Manager, Family Gourmet Markets, LLC 1010812007 11:04 #051 P. 002/002 MITCHELL B. KIRSCHNER~ P.A. *Bo~d CerHfled Real Estate Atiomey OCtOber 8, 2007 Via Fax to 561-278-4755 and First-Class Mail Susan Ruby, Esq. City Attorney City of Delray Beach 200 NW 1st Avenue Delray Beach, FL 33444 Dear Susan: Re: Proposed Contracts for Purchase of Family Gourmet Markets LLC Commercial Cando SpaceJPublic Parking Garage SW Corner Pineauule Grove & NE 1~ Street With respect to each of the two Contracts previously submitted by Family Gourmet Markets LLC (as to both nine units and five units, respectively), kindly allow this letter to confirm my prior advice to you that Family Gourmet Markets LLC withdraws Paragraph 5 of the Addendum made part of each of the submitted Contracts. If you wish,. I would be more than happy to provide you with a formal amendment to the Addendum reciting the foregoing. MBK/emg 7595 North Federal H/ghway, Suite 394 Boca Raton, Florida 33432 Phone: (569j 347-0DOa /Fax (569j 395-4775 ~%' m z 0 E ~ ~~ ~9~~ ~ ~/ C~ x •~ ~ ~ r ~ ~_' t . e i 1 ? .~..~ ~yy~~~Y ~~ a ~ ~~ ~ + 1. PURCNASEANDSAlE: FAMILY GOURMET MARKETS, LLC ~ agrees to buy and ("Byer' 1 CITY OF DELRAY BEACH ("Seiler"t s agree to sell the property tiescribed,.~s• 6 Street Address: _ S.W. Orner Idea pie Grove Way and NE 1st Street, Delray Beach ~ Legal Description: ~ Five (5) First Floor Condominium Units (excludes the western four (4) units e to be leased to Chamber of Commerce) ~+ and the fallowing Personal Property: ,2 NIA ,3 ,a is (all collectively referred io as the "Property") on the terms and conditions set forth below. The "Effective Date" or this +s Contract is the date on which the last of the Parties signs the latest offer. Time is of the essence fn this Contract. Time i~ periods of b days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ie ending on a Saturday, Sunday or national legal holiday will be extended until S:Od p.m. of the next business day. ~9 2. PURCHASE PRICE: g 2,347,499.20 29 (a) Deposit held in escrow by Mitchell B. Kirschner, P.A. S 234,749.92 z~ (b} Additional deposit to be made within days from Effective Date S '~' zz (c) Total mortgages (as referenced in Paragraph 3) ~ -0- z3 (d} Other. N!A $ _p_ 2a (e) Balance to close, subject to adjustments and prorations, 25 to be made with cash, focally drawn certified ar cashier's check or wire transfer. g 2,112,749.30 26 27 za 29 30 31 apply for third party financing in the amount of $ amortized over a pefiod of years and due in no less then ~ % per year or variable interest rate not to exceed ^ exceed % from initial rate, with additional terms as follows: _ or % of the purchase pric years and wish a fixed intere not to exceed at on ' n with a lifetime cap not to 7z 33 ~+ Buyer will pay for the mortgagee ' surance policy and for all loan expenses. Buyerwill timely provide any end all credit, 35 employment, financial er information reasonably required by any lender. Buyerwill notify Setter immediately upon 36 obtaining ttna r being rejected by a lender. If Buyer, after diligent effort, fails io obtain a written commitment within 3~ days From Effective Date ("Fnancing Period"), Buyer may cancel the Contract by giving prompt notice to Seller 30 39 Buyer { .l/ ~~ and Seller (_~ (_,_) acknowledge receipt of a copy of this page, which is Page 1 of 5 Pages. CC•2 m 189Y larlde Assoelalgn or R°altoTS~. All riphl8 reseNed. Licensed I° Atla Stet S°Rwere. User REp6 S-OP2w92933H8JV1f325-1oD7 Softwar and Added Formatting Copyrighl21104 Alta Star Software, Inc. All Rights Reserved. (305) 279-8898 ALTA ST~.R ",,.,.., 40 4. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by ~ statutory warranty deed 41 ^ other ,free of liens, easements and encumbrances of record or known to az 5eller, but subject to property taxes for the year of closing? covenants, restrictions and public utility easements of record; and 4s (hst any ocher matters to which title will be subject) ~f'G/(?!'4~-ioV1 !A~ C'ot~~YGi/hlNh « provided there exists at closi^r~p-_no violation of he fore oina and none of the prevents Buyer's intended use of the Property 45 a5 ~dlr32Y3? ~'~ r-° 0 }(~ r~~~°r~ <s (a} Evidence of Title: Seller will, at (check one) eller's ^ Buyer's expense and within ~_ da~ 47 ~~' from Effective Date ^ prior to Closing Daie ^ from dale Buyer meets or waives financing contingency in °e Paragraph 3, deliver to Buyer (check one) <s ~ a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's 5s p^olicy in the amount of the purchase price for fee simple title subject only to exceptions stated above. an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm sz However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer sa as a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format s< acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of ss all documents recited in the prior policy and in the update. ss (b) Title Examination: Buyerwill, within 15 days from receipt of the evidence of title deliver written notice to Setter ., of title s7 defects. Title will be deemed acceptable to Buyer if (1) Buyer fails fo deliver proper notice of defects or (2) Buyer delivers ss proper written notice and Seller cures the defects vrithin ~~~ days from receipt of the notice ("Curative Period"). If the ss defects are cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. so Seller may elect not to cure defects if Seller reasonably believes any defect cannot be Lured within the Curative Period. If s1 the defects are not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to sz cure the defects to elect whether to Terminate this Contract or accept title subject to existing defects and close the s3 transaction without reduction in purchase price. The party who pays for the evidence of title will also pay related title service s4 fees including title and abstract charges and title examination. ss (c} Survey: (check applicahle provisions below) 66 ^ Seller will, within ~_ days from ENective Date, deliver to Buyer copies of prior surveys, plans, specifications, and s7 engineering documents, if any, and the following documents relevant to this transaction: ss ss prepared for Seller or in Setter's possession, which show all currently existing structures. 70 ^ Buyerwill, ai ^ Seller's D Buyer's expense and within the time period allowed to deliver and examine title 71 evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments 7z on the Property or that the improvements encroach on the lands of another, D Buyer wilt accept the Properly with 7a existing encroachments ^ such encroachments will constitute a title defect to be cured within the Curative Period. 7< (d) Ingress and Egress: Seller warrants that the Properly presently has ingress and egress. 7s (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing. ,~ 7s 5. CLOSING DATE AND PROCEDUR~JT~~s a saction will be closed in ~~~ iRP t ~ tll County, 77 Florida on or before c p~~CCll11'' or within days from ENective Daie ("Closing Date"), unless 7e otherwise extended herein. ~ Seller ^ Buyer will designate the closing agent. Buyer and Setter will, within 7s days from ENective Date, deliver to Escrow Agent signed instructions which provide for closing procedure. If an institutional so lender is providing purchase funds, lender requirements as io place, time of day, and closing procedures will control over any e, contrary provisions in this Contract. 92 (a} Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the s3 deed. Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. If Setter is obligated s4 to discharge any encumbrance at or prior to closing and fails io do so, Buyer may use purchase proceeds to satisfy the as encumbrances. es (b} Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignments of leases, updated rent roll, s7 tenant and lender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants es of the change in ownership/rental agent. If any tenant refuses to execute an estoppel letter, Seller will certify that information as regarding the tenant's lease is correct. If Seller is a corporation, Seller will deliver a resolution of its Board of Directors so authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting 91 forth facts showing the conveyance conforms with the requirements of focal law. Setter will transfer security deposits to sz Buyer. Buyer will provide the closing statement, mortgages and notes, security agreements and financing statements. 93 Buyer (~~ ) ( }and Setter ( ) ( )acknowledge receipt of a copy of this page, which is Page 2 of 5 Pages. CC-2 m 1997 Florida Association of Realtors. All rights reserved. Licensed to Alla Slar Sortware. Software and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Reserved. (305) 279-8898 9a (c) Taxes, Assessments, and Prorations: The following Items will be made current and prorated 9s ~ as of Closing Date ^ as of ~ real estate saxes, bond and assessment payments 96 assumed by Buyer, interest, rents, association dues, insurance premiums acceptable to Buyer, operational expenses 97 and if the amount of taxes and 99 assessments for the current year cannot be ascertained, rates for the previous year will be used with due allowance being 99 made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially affecting too the Property: . Buyer>,vill be responsible 101 for all assessments of any kind which become due and owing on or after Effective Date, unless the improvement is +02 substantially completed as of Closing Date, in which case Seller will be obligated to pay the entire assessment. t0a (d) FIRPTA Tax Withholding: The Foreign Investment in Real Properly Act ("FIRPTA") requires Buyer io withhold at ioa closing a portion of the purchase proceeds for remission to the Internal Revenue Service C'I R.S.") if Seller is a "foreign cos person" as defined by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and tc 10o provide, of or prior to closing, appropriate documentation to establish any applicable exemption from the withholding to7 requirement If withholding is required and Buyer does not have cash sufficient at closing to meet the withholding toe requirement, Seller will provide the necessary funds and Buyer will provide proof 1o Seller that such funds were properly 109 remitted to the I.R.S. 110 6. ESCROW: Buyer and Seller authorize _~i %G~~~~~ R ~ ,~1 IQ ~G~,l~~ , p 111 Telephone: '!"GI- -o%~O Facsimllg: 11 z Address. _ / c'~ ~ yt7 i olt/U~,F to act as "Escrow tta Agent" to receive funds and other ite sand, subject to clearance, disburse them in accordance with the terms of this 1+4 Contract. Escrow Agent will deposit all funds-Fecq}N d,I~~ ^ anon-interest bearing escrow account' an interest bearing +~s es o account with interest accruing to (J/ ~.!! with interest disbursed (check one) +ts ~at closing ^ at intervals. If Escrow Agent receives conflicting demands or has a good faith ++> doubt as to Escrow Agent's duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow until 118 the parties mutually agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' 115 rights regarding the escrow or (b) deposit the subject matter of the escrow wish the clerk of the circuit court having jurisdiction tzo over the dispute. Upon notifying the parties of such action, Escrow Agent will be released from all liability except for the duty tzt to account for items previously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with tz2 applicable provisions of Chapter 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party tza because of acting as agent hereunder or interpleads the subject rnatler of the escrow, Escrow Agent will recover reasonable tza attorneys' fees and costs at all levels, wish such fees and costs to be paid from the escrowed funds or equivalent and charged tzs and awarded as court or other costs in favor of the prevailing party. The parties agree that Escrow Agent will not be liable to tzs any person for misdelivery to Buyer or Seller of escrowed items, unless the misdelivery is due to Escrow Agent's willful breach t27 of this Contract or gross negligence. tze 7. PROPERTY CONDITION: Seller will deliver the Properly to Buyer at the time agreed in its present "as is" condition, tz9 ordinary wear and sear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no ta0 warranties other than marketability of title. By accepting the Property "as is," Buyer waives all claims against Seller for any tat defects in the property. (Check (a} or (b}) tae ^ (a) As Is: Buyer has inspected the Property or waives any right to Inspect and accepts the Properly in Its "as is" tai condition. 13< ^ (b) Due Diligence Period: Buyer will, at Buyer's expense and within ~ days from Effective Date {"Due tas Diligence Period'7, determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended 136 use and development of the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any 137 tests, analyses, surveys and investigations {"Inspections") which Buyer deems necessary to determine to Buyer's tae satisfaction the Property's engineering, architectural, environmental properties; zoning and zoning restrictions; Flood zone 139 designation and restrictions; subdivision regulations; sail and grade; availability of access to public roads, water, and other +40 utilities; consistency with Local, slate and regional growth management and comprehensive land use plans; availability of +41 permits, government approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ,tz ground water contamination; and other inspections that Buyer deems appropriate io determine the suitability of the Property 143 for Buyer's intended use and development. Buyersha(I deliver written notice to Setter prior to the expiration of the Due 144 Diligence Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this its notice requirement shall constitute acceptance of the Property in its present "as is" condition. Seller grants to Buyer, its its agents, contractors and assigns, the right io enter the Property at any time during the Due Diligence Period for the purpose tai of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and the conduct Inspections at their own risk. Buyer shall indemnify and hold Seller harmless from losses, damages, costs, claims 149 and expenses of any nature, including attorneys' tees at all levels, and from liability io any person, arising from the conduct tso of any and all inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result ; in a tst mechanic's lien being tiled against the Property without Seller's prior written consent. In the event this transaction does not tsz close, (1) Buyer shall repair all damages to the Property resulting from the Inspections and return the Properly 1o the tsa condition it was in prior to conduct of the Inspections, and (2) Buyer shall, at Buyer's expense, release io Seller all reports tst and other work generated as a result of the Inspections. Should Buyer deliver timely notice that the Property is not tss acceptable, Seller agrees that Buyer's deposit shall be immediately returned io Buyer and the Contract terminated. 156 Suyer (sl_L) ( }and Seller ( ) ( )acknowledge receipt of a copy of this page, which is Page 3 of 5 Pages. CC-2 ®t997 Florida Association of Realtors®. All rights reserved. licensed to Alta Star Software. Software and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Reserved. (305) 279-8898 +s7 (c} Walk-through Inspection: Buyer may, on the day prior io closing or any other time mutually agreeable to the parties, ise conduct a final "walk-through" Inspection of the Property to determine compliance with this paragraph and io ensure that all +ss Property is on the premises. X60 {d}Disclosures: ie+ 1. Radon Gas: Radon is a naturally occurring radioactive gas chat, when ii has accumulated in a building in sufticient +6z quantities, may present health risks io persons who are exposed io ii over time. Levels of radon that exceed federal and rs3 state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be 16a obtained from your county public health unit- 165 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the 166 Real Properly. X67 B. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any +6a business conducted on the Property in the manner operated prior io Contract and will lake no action that would adversely i6s impact the Properly, tenants, lenders or business, if any. Any changes, such as renting vacant space chat materially affect the 170 Property or Buyer's intended use of the Property will be permitted D only wish Buyer's consent ~ without Buyer's 17+ consent nz 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met 173 and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned 17a in accordance with applicable Florida laws and regulations. ns 10. DEFAULT: ~7s {a) In the event the sale is not closed due io any default or failure on the pars of Seller other than failure to make the title 177 marketable after diligent effort, Buyer may either {1) receive a refund of Buyer's deposit(s) or (2) seek specific i7e performance. If Buyer elects a deposit refund, Seller will be liable io Broker for the full amount of the brokerage fee. i7s (b) In the evens the sale is not closed due to any default or failure on the pars of Buyer, Seller may either (1) retain all +B~ deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this ~6i Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance. If Paz Seller retains the deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all 783 forfeited deposits retained by Seller {1o be split equally among the Brokers) up to the full amount of the brokerage fee. yea 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing gas party, which for purposes of this provision will include Buyer, Seiler and Broker, will be awarded reasonable attorneys' fees, ies costs and expenses. 187 12. BROKERS: Neither Buyer nor Seller has utilized the services of, ar for any other reason owes compensation io, a +ee licensed real estate Broker of/heir Ihan~,j ~©s (a) Listing Broker: /1/~//f' ,so who is ^ an agent of i9t ^ a transaction broker a nonrepresentative and who will be 19z compensated by ^ Seller ^ Buyer ^ both parties pursuant to ^ a listing agreement ^ other (specify}: 193 yea (b) Cooperating Broker: _ /°J / ~!/A +ss who is ~ an agent of ~ tee ^ a transaction broker a nonrepresentative and who will be ie7 compensated by ^ Buyer ^ Seller ^ both parties pursuant to ^ an MLS or other offer of compensation to a .se cooperating broker ^ other (specify) +se (collectively referred to as "Broker") in connection with any act relating to the Properly, including but not limited to inquiries, zoo introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker zo+ harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees ai all zo2 levels, and from liability to any person, arising from (1) compensation claimed which is inconsistent wish the representation in zo3 this Paragraph, (2} enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker zoo ai the request of Buyer or Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or zos (q) recommendations of or services provided and expenses incurred by any third party whom Broker refers, recommends or zos retains for or on behalf of Buyer or Seller. zoz 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise ~j is not zoe assignable ^ is assignable. The terms "Buyer," "Seller" and "Broker" may be singular or plural. This Contract is binding zos upon Buyrre/r, Seller and their heirs, personal representatives, successors and assigns {if assignment is permitted}. zoo Buyer (.-L 7 ) ( }and Seller ( } ( )acknowledge receipt of a copy of thrs page, which is Page 4 of 5 Pages. CC-2 ®1997 Florida Association of Realtors® All right. reserved. Licensed to Alta Star SaHware. Software and Added Formatting Copyright 2004 Alta Star Software, Inc. All Rights Reserved. (3D5) 279-8898 z„ z1z 213 zu z1s z1s 217 z1a z, s zzo zz1 zzz 223 224 zzs zzs zzz zzs 2zs 230 231 232 233 234 235 236 237 238 23B zac 241 za2 24 3 244 245 246 247 246 249 zso zs1 2sz 253 254 255 256 257 zsa 259 zso ACCEPTANCE: Se{ter accepts Buyer's offer and agrees la sell the Property on the above terms and conditions ( O subject 261 to the attached counter offer). zsz 263 264 Date: 265 2fi6 Z67 268 zss Dale z7o Title: _ Address Telephone: Facsimile: BUYER: Tax ID No: SELLER: Tax ID No: Telephone: Facsimile- SELLER: Tax ID No: z71 Title: Telephone; Facsimile: zzz Address. 273 274 Buyer ( I ,~) ( )and Seller ( ) ( )acknowledge receipt of a copy of This page, which is Page 5 of 5 Pages_ The Florida Association of Realtors and local Board/Associabon of Realtors make no representation as to the legal validity or adequacy of any provision of this Corm in any specific Transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry antl is not intended to idenrdy the user as a Realtor. Realtor is a registered collective membership mark that may be used only by real estate licensees who are members of the 1Vahonal Association of Realtors and who subscribe to its Code of Ethics. The copyright taws of the United Slates (17 U 5 Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms. 19_, OPTIONAL CLAUSES: (Check if ar~y,of the following clauses are applicable anrLare attached as an addendum io thts Contract): ^ Arbitration LJ Seller Warranty IJ Exisiin M,prig e ~~ ^ Section 1D31 Exchange ^ Coastal Construction Control Line D Other glr~d~li/~'f~ ^ Property Inspection and Repair D Flaod Area HaLard Zone ^ Other D Seller Representations D Seller Financing ^ Other 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents referenced in this Contract, counterparts and ~vritien modifications communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted rn or attached 10 This Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be construed under Florida law and will not be recorded in any public records. Delivery of any written notice to any party's agent will be deemed delivery to that party. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO 51GNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.j AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFES510NAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. DEPOSIT RECEIPT: Deposit of $ by ^ check O other received on L.. Signature of Escrow Agent OFFER; Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a signed copy delivered to Buyer or Buyer's agent no later than ^ a m. D p.m. on Buyer may revoke this offer and receive a refund of all deposits. F'f~ ~~ ~ /' ~aiftL/~fry r M ye ~ WSJ ~ Lc Date: BUYER: n ~ ' r~ f ~ t ~ Tax ID No: ~.. _ ~ ~; Title: . i - ~~~ Telephone: t ~'~~ ~~-'.1~~5' f Facsimi Address:.. i,. i ~-. „--~ ~ ~ r _ _i _ __ / ~ i .. _, ~ _. ~ r. ., ~ ., .. Date Title: _ Address: CC-2 ®1997 Florida Association of Realtors® All rights reserved. Licensed to Alta Star Software. Software and Added Formatting Copyright 2004 Alta Star Software, inc. All Rights Reserved. (305) 279-8898 ADDENDUM BUYER: FAMILY GOURMET MARKETS, LLC SELLER: CITY OF DELRAY BEACH PROPERTY: Five (5) Condominium Units {Excludes Western Exposure Four (4) Units) Schoolhouse Square Parking Garage The following clauses shall amend the Deposit Receipt and Contract for Sale and Purchase {"Contract") to which this Addendum is attached. In the event of inconsistencies between this Addendum and the Contract attached hereto, the provisions contained in this Addendum shall prevail. DELIVERY OF GOVERNING DOCUMENTS. The Contract is subject to and contingent upon Buyer receiving the recorded Declaration of Condominium, together with the Budget, Rules and Regulations, Articles of Incorporation and Bylaws of the not for profit association which will govern the Condominium together with those other documents enumerated as to be delivered to a purchaser of a under Sections 718.503, and 718.504 Florida Statutes, ("Governing Documents"). If the Governing Documents have- not been recorded as of the Effective Date, Buyer shall receive a copy of the form of Governing Documents which Seller intends to record in the public records of Palm Beach County, Florida. 2. AMENDMENT OF GOVERNING DOCUMENTS. During the Due Diligence Period Seller agrees upon reasonable request of Buyer to the amendment of the Governing Documents, to the extent necessary or appropriate for the purpose of rendering the Governing Documents so as not to prohibit, preclude or interfere with use of the Units as a unified facility (as opposed to all Units being internally demised) within which the preparation and sale of pre-cooked meals, or the sale foods and beverage sales,( including wine ,subject to the obtaining of the appropriate alcoholic beverage for sale for consumption off- premises), the operation of a gourmet market, a gourmet cooking school, a bookstore and such other retail activities permitted within the zoning for the Premises. 3. ASSIGNMENT OF DEVELOPER RIGHTS. Upon the closing of the sale of all of the Units to Buyer, Seller shall assign to Buyer all rights and powers all Developer rights of the Condominium as available under Chapter 718, Florida Statutes. 4. ASSOCIATION APPROVAL. If the Gondoininium's Association ("Association"} has been formed as of the Effective Date, the Contract is subject to and contingent upon Buyer being approved by the Association if such approval is required under Governing Documents. MBK #23101 NO LAND LEASE. Seller represents that it owns the land that is, will be submitted to condominium (as the "Units") is owned by Seller in fee simple, that the condominium is not being developer on an air rights parcel ,and that there is no land lease associated with the Condominium. 6. ASSESSMENTS. Seller represents that Seller is not awaze of any certified or pending assessments to which the Units would be subject. Seller shall be responsible for and shall pay all special assessments to which the Units are or would be subject prior to the date of closing. 7. PARKING SPACES AND STORAGE. The following are included in the sale of the Units: (a) the assignment to Buyer of five (5) covered parking space(s) within the parking garage to be located above the upper boundary of the Units in a location reasonably accessible to the Units. (b) the exclusive right to use the storage space and telephone room on the first floor. CLOSING DATE: This transaction will be closed in Delray Beach, Florida, thirty (30) days following the latest to occur of {i) the recording of the Declaration of Condominium ("Declaration"), or, as applicable, the amendment of the Declaration of Condominium in furtherance of Section 2 above; (ii} the obtaining of the Certificate of Occupancy or final approval far the shell of the Units, unless, however, Seller permits Buyer permission to commence Buyer's internal improvement of the Units prior to the date thereof, in which event Buyer may waive this Subsection in writing; and (iii) the opening of the ~3ublic pazking gazage for use by the public, but in no event earlier than the thirtieth (30 )day following the Due Diligence Period. BUYER: SELLER: FAMILY GOURMET MARKETS, LLC CITY OF DELRAY BEACH .' By: ~~ , ~' 1 ~ By: Title: ~/ /li'~:~~f //rte-~:~3 ~~' Title: L ' Date: ~ , c~ c'- - '" / Date: MBK X23101? -2- CC ~ ~Cl,>irr-~ (c~ ~ www.bocanews.com • Boca Raton/Delray Beach News -Friday-Saturday, October 5-6, 2007 13 PUBLIC HEARING NOTICE OF NITENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has de- termined to sell the following real property: Condominium Units S-9, excluding the western lour units located at the First Floor of the Old School Square Gar- age located on Me Southwest corner of N.E. 2nd Avenue (Pineapple Grove Way) and N.E. tstStreet. The sale of this property has resulted in several offers, ane of which is the sale of the property pursuard to a con- Iract between Me City of Delray Beach (Seller) and Family Gourmet Markets, LLC (Buyer) in fhe amount or Two Mil- lion Three Hundred Forty Seven Thousand Four Hundred and Ninety- Nine Thousand Dollars and Twenty Cents ($2,347,499.20) plus additional consideration end terms, as set lorth in the Contract for Sale and Purchase. Further information may be obtained from the City Clerk's oflice. The City Commission of the City of Delray Beach, Florida shall hold a public hearing on the proposed sale al their regular City Commission meeting of October i6, 2007 at 7:00 p. m. in the City Commission Chamoers, City Hall, 100 N.W. 1st Avenue, City of Delray Beach, Fonda. CITY OF DELRAY BEACH, FLORIDA Chevelte D. Nubin, CMC City Clerk Publish: October 5 & 12, 2007 Boca RatorJDelray Beach News _. _ CC ~ ~Gth ~G l a~ a~ www.bocanews.com • Boca Raton/Delray Beach News -Monday, October 15, 2007 PUBLIC HEARING NOTICE OF INTENT TO SELL REAL PROPERTY N071CE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has de- termined to sell the following real Property: Condominium Units 5-9, excluding the western four units located al the First Floor of the Old School Square Gar- age located on the Southwest corner 01 N.E. 2nd Avenue (Pineapple Grove Way) and N.E. 1st Street. The sale of this property has resulted in several otters, one of which is the sale of the property pursuant to a con- tract between the Cily of Delray Beach (Seller) and Family Gourmet Markets, LLC. (BuyecJ..in the amount.ol Two Mil- liorrv Thrae Huhtlred~"IFor(yzSeven! Thousand Four Hundred and Ninety-I Nine :Thousand Dollars and Twenty Cents ($2,347,499.20) plus addhional consideration and terms, as set forth in the ConUact for Sale and Purchase. Further information may be obtained from the City Clerk's ollice. The City Commission of the City of Delray ~, Beach, Florida shall hold a public hearing on the proposed sale at Iheiri regular City Commission meeting of October 16, 2D07 at 7'00 p.m. in the City Commission Chambers, CRy Hall, 100 N.W. 1st Avenue, City of Delray. Beach, Florida. CITY OF DELRAY BEACH, FLORIDA Chevelle D. NuMn, CMC Crly Clerk ~ Publish: October 5 8 12, 15, 2007 I Boca RatoNDelray Beach News ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUSAN A. RUBY, CITY ATTORNEY DATE: OCTOBER 3, 2007 SUBJECT: AGENDA ITEM # ~ O • ~ REGULAR MEETING OF OCTOBER 16, 2007 SALE OF CONDOMINIUM UNITS 5-9 - DAVINCI CANDLE, LLC ITEM BEFORE COMMISSION Davinci Candle, LLC desires to purchase five condominium units, excluding the western four units on the first floor of the Old School Square Parking Garage located at the southwest corner of N.E. 2°d Avenue and N.E. 1 S` Street. A public hearing has been advertised for October 16, 2007 at 7:00 p.m. BACKGROUND Davinci Candle, LLC sells fireplaces and the like (see brochure). They want to buy the condominium for their offices and perhaps a showroom. The price to the City, subject to contractual conditions is $215.00 per square foot on an estimated 10,440 square feet for a total of $2,244,600.00 (estimate) less the cost of finished floor and brokerage fees. The Buyer desires to enter into a Reservation Agreement to purchase the units upon mutually acceptable terms with the Buyer with the Seller to prepare condominium documents. Other conditions of the sale are as follows: 1. The City is required to build out property with finishes as to be set forth in Exhibit "C" (to be attached if Reservation Agreement is accepted). 2. Property to include storage area not less than 1,800 square feet and generator pads. 3. Within twenty (20) days of the effective date, other agreements are to be agreed to regarding ingress and egress, floor finish levels, utility connects, garbage pickup, an agreement where the City would rebuild in case of a natural disaster, indemnification of purchaser for events associated with the use of the garage, etc. 4. Ten (10) parking spaces (2 per unit) shall be identified and allocated for exclusive use of the Buyer. 5. City to pay 4% commission to broker. 6. Closing to occur five (5) days after the units are complete and certificate of occupancy is obtained and City installs finishes and installation, install communication wiring and attendant facilities to the units, including a T-1 line, DSL line and cable television. 7. The Seller will deliver to Buyer a Special Warranty Deed. Attached is the Notice of Intent to Sell, cover letter and contract. FUNDING SOURCE N/A RECOMMENDATION City Commission discretion. CITY ~ ~ ~=" ~l: i IVi3J 1st AV EI~?UE Ij 'RAY B EACH, FLORIDA 33444 ~' @~ ,~~~,.,,, .L'~EP~ICIIdE: 561 h~ ~ };~C, ° FACSIMILE: 561/278-4755 Writer's Direct Line: 5611243-7091 DELRAY BEACH f L O D All-America City 1 ® DATE: 1993 zoos TO: FROM: SUBJECT MEMORANDUM October 3, 2007 City Commission Susan A. Ruby, City Attorney Old School SQUare Retail Sgace We have received three contracts from two proposers. The details are set forth in the Commission memorandum for each project. We contemplated that we might receive another proposal prior to our advertising deadline date of Wednesday, October 3, 2007, in order to meet ordinance requirements to place the consideration of the contracts on the October 16, 2007 agenda. I did not receive the additional proposal, but I did receive the attached a-mail from that proposer declining to make an offer. Also, I am attaching some portions of the appraisal, so that you will have that information on October 16, 2007 for your consideration. Please call if you have any questions. SAR:ci ~~. a ,~ z Attachment Page 1 of 1 Ruby, Susan From: LJClegal@aol.com Sent: Tuesday, October 02, 2007 6:57 PM To: Ruby, Susan Cc: tom.mcmurrain@oplliotels.com; mkotler@sgczklaw.com; Clifford@blackfriars-uk.com Subject: Re: contracts retail space -OSS Susan, After much deliberation, we have decided to not put an offer together at this time on the Retail Space at the OSS Garage. As I know you do need to advertise the space as to the other offers the City has received, we do not want to delay that procedure. Louis Louis J. Carbone Managing Member Coastal Design & Development Group 11 S. Swinton Avenue Delray Beach, Florida 33444 Tel. 561-272-3419 Fax 561-272-6013 E-mail: LTCCa,CoastalDev.com www.CoastalDev.com See what's new at AOL.com and Make AOL Your Homepag_e. 1(T/3L2DD2_ ____ _- ROBERT B. BANTING, MAI, SRA, PRESIDENT State-CertiSed General Real Estate Appraiser RZ4 FRANK J. CARDO, MAI, VICE PRESIDENT State-Certified Genera] Rea] Eshte Appraiser RZ1190 ~o~~soN ~ c,~~, ANC. «««««««««««««««c««<ua««<K««««««<a«au< AppraiseYS • RealtOrS »»»»»»»»»»»»»»»»»»»»»»»»»»»» »»»»»»»»»»>r» 521 SOUTH OLIVE AVENUE WEST PALM BEACH, FLORIDA 33401 www.andersoncarr.com Telephone (561) 833-1661 Fax (561) 833-0234 June 19, 2007 Susan A. Ruby, City Attorney City of Delray Beach 200 Northwest lst Avenue Delray Beach, Florida 33444 Dear Ms. Ruby: Qualr y ~Servr"ce Since 1947 At your request, we have appraised the Old School Square Parking Garage commercial condominium units located at the southwest comer of Pineapple Grove Way and Northeast 1S` Street in downtown Delray Beach, Florida. The purpose of this appraisal is to estimate the prospective market value, fee simple estate, as completed with a shell finish, of the subject units, as of October 15, 2007. The intended use of this report is for disposition considerations. The intended user of this report is the client, the City of Delray Beach. At the clients request we are valuing the units individually, a bulk sale value of all nine units, and a bulk sale value of units 1, 2, 3, and 4. The subject consists of nine commercial condominium units on the ground floor of the Old School Square Parking Garage now under construction with a planned completion date of October 2007. We have assumed completion of the subject project in a workman like manner in mid October 2007. The commercial units range from 1,204 square feet to 3,445 square feet. All nine total 16,753 square feet. The property is located in Pineapple Grove, a quaint, mixed use, shopping and living extension of the popular downtown Delray Beach. Unit 1, 2, 3, 4, and .5 face Northeast 1~` Street while premium units 6, 7, 8 and 9 face Pineapple Grove Way. Intentions are for sale of the subject units as a shell with no interior finish and we have valued the bays accordingly. The parking garage will contain 540 spaces and is planned for public use with no parking fees. None are being sold with the units or assigned for specific unit use. Due to the amount of parking in the garage and two other recently completed parking garages nearby parking for the subject units should be sufficient. We have concluded a prospective market value for the subject Northeast 1~` Street bays of $300 per square foot and $325 per square foot for the Pineapple Grove Way units. We have concluded that a 10 percent discount is appropriate for bulk sales of four or five units. A bulk value for the sale of all the units has also been analyzed. ANDERSON & CARR, INC. Susan A. Ruby, City Attorney City of Delray Beach June 19, 2007 As a result of our analysis, we have developed an opinion that the prospective market values of the subject units, as completed with a shell finish {as defined in the report), subject to the definitions, certifications, assumptions, limiting conditions, as set forth in the attached report, as of October 15, 2007, was: INDIVIDUAL UNIT VALUES Unit 1: $565,000 Unit 4: $580,000 Unit 7: $500,000 Unit 2: $390,000 Unit 5: $415,000 Unit 8: $510,000 Unit 3: $360,000 Unit 6: $1,120,000 Unit 9: $810,000 (Undiscounted Total of $5,250,000 / $313 Sq. Ft.) BULK SALE VALUES Units 1, 2, 3, & 4: $1,700,000 All Nine Units: $3,600,000 {$269 Sq. Ft.) ($215 Sq. Ft.) The following presents the appraisal in a summary report. This letter must remain attached to the report, which contains 50 pages, in order for the value opinion set forth to be considered valid. Your attention is directed to the Assumptions and Limiting Conditions, which follow. Respectfully submitted, ANDERSON & CARR, INC. Robert B. Banting, MAI, SRA State-Certified General Real Estate Appraiser RZA Gary K. Carr State-Certified General Real Estate Appraiser RZ2 RBB/GKO: agp ll ANDERSON & CARR, INC. TABLE OF CONTENTS Page No. Summary Of Important Facts And Conclusions .....................................................1 Certification ....................................................................... ................................3 Assumptions And Limiting Conditions ....................................................................4 Subject Property Photos .............................................................. ............7 ................... Satellite Images .........................................................................................................12 Plat Map ............................................................................................................ Purpose And Date Of Appraisal ........................................ ..............15 ....................... Property Appraised ...................................................................................: ............. 15 Legal Description .....................................................................................................15 Client ................................................................................... ......................................16 Intended Use And User .................................• ..............16 ........................................... Scope Of Assignment /Work ................... ...............16 ................................................ Property Rights Appraised ......................................................................................17 Definition Of Market Value ..................... ......... 17 ................................................ Natural, Cultural, Recreational . .............................................................................17 Historical Or Scientific Significance ..................................... ...............17 ................... Neighborhood Data ...................................................... ...............18 ............................. Property Data ................................................... ..........23 ............................................... Owner Of Record .................................................................................................23 Palm Beach County Property Control Number .................................................23 Assessed Value And Taxes ..................................................................... .........23 .... Flood Zone ............................................................................................. .....23 Census Tract ................ ~~~•~~~ Utilities .................................................................................................................. 23 .................................................................................. ....... Zoning /Land Use Plan .................................................................. .... 24 ................. Concurrency ................................... .............. 24 ......................................................... Sales History ............................................................................. .....25 ....................... Site Analysis .............................................................................. ....... 25 ..................... Improvement Analysis .........................................................................................25 Highest And Best Use ................................................................. ............28 ................. The Valuation Process .......................... .........................29 .......................................... Sales Comparison Approach ...................................................................................30 Summary ................................................................................................................ 46 Conclusion ............................................................................................................. 48 Bulk Sale Values ...................................................................................................48 Qua7l~ifieations for Roberto B. Banting, MAI, SRA, Slate Certified General Real Estate Appraiser Ru Quahficatlons for Gary LL Orr, State Ctttified General Real Esw[e Appraiser RZJ335 ANDERSON & CARR, INC. SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: Property Owner. Property Rights Appraised: Special Assumption: Unusual Market Externality: City of Delray Beach Dekay Beach Community Redevelopment Agency Fee Simple Completion of the public parking garage building and subject commercial condominium space. None Location: Southwest corner of Pineapple Grove Way and Northeast 15i Street, Dekay Beach, Florida. Site/Land Area: 1.26 Acres Improvements: Nine, ground floor, street front, commercial condominium units totaling 16,753 square feet situated in a concrete, tilt-up, four story (plus roof) 540 space parking garage now under construction. hazardous Waste Conditions: Zoning: None apparent Old School Square Historic Arts District and Central Business District Comprehensive Land Use: Flood Zone & Map Number: Commercial Core Zone `X', Map 125102-0004-D, Dated January 5, 1989. 1 ANDERSON & CARR, INC. Current Use: Commercial Condominium (under construction) Highest and Best Use: Commercial Condominium Value Conclusions: Cost Approach: N/A Income Capitalization Approach: N/A Sales Comparison Approach: See below Final Value Conclusions: Unit 1: $565,000 Unit 2: $390,000 Unit 3: $360,000 Unit 4: $580,000 Unit 5: $415,000 Unit 6: $1,120,000 Unit 7: $500,000 Unit 8: $510,000 Unit 9: $810,000 Bulk Sale Value of Units 1 through 4: $1,700,000 Bulk Sale Value of All Units: $3,600,000 Date of Prospective Value: October 15, 2007 Date of Report: June 19, 2007 Date of Inspection: May 22, 2007 Appraisers: Robert B. Banting, MAI State-Certified General Real Estate Appraiser RZ4 Gary K. Orr State-Certified General Real Estate Appraiser RZ2335 2 WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON September 5, 2007 Susan Ruby, Esquire Delray Beach City Attorney Office 200 W. Atlantic Avenue Delray Beach, FL 33444 Re: Purchase Agreement Our File No.: DELL002 Dear Susan: JASON S. MANKOFF KERRY D. SAFIER SHAYNA M. RETIMAN Via Hand Delivery Enclosed please find a Reservation Agreement ("Agreement"} on behalf of our client for the commercial condominium units in the parking garage. Upon your review, please let us know if any language needs to be added into the Agreement in order to place this matter on the City Commission agenda. Otherwise, I am confirming with you that the matter will be set before the City Commission at the next regularly scheduled meeting. PI se contact me should ou have any questions. Very y y urs, Micr a S. in r MSW:vf Enclosures cc: Shayna M. Reitman, Esquire (w!o enclosure) 0:1DELL0021Letter to Susan Ruby re Purchase Agreement.Sept 5 2007.doc ~C~11lE® ~E~ ~ s ~oa~ CITY ATTORNEY ~ ~~ N n 2 m ~I ~~~'/ ~-/~, C~~ (~ ~~ R~ { x ~ ~- N ~,.o,rr.~..r~r.~ ~ ~ ~ ~~ ~ ~ ~~~~ ~~ ~~~~s o ~ ~ ~ ~~ ~ RESERVATION AGREEMENT This RESERVATION AGREEMENT ("Reservation Agreement" or "Reservation") is made this day of , 2007, (the "Effective Date") by-`and between the CITY OF DELRAY BEACH, FLORIDA, a municipality established pursuant to the laws of the State of Florida with a mailing address of 100 N.W. 1St Avenue, Delray Beach, Florida 33444 (the "Seller") and DAVINCI CANDLE, LLC, a Florida limited liability company (the "Purchaser"), with a mailing address of 115 S. E. 4th Avenue, Delray Beach, Florida 33483, and the Seller acknowledges receipt of a reservation deposit (the "Reservation Deposit") in the amount of One Thousand and 00/100 ($1,000,000) Dollars (check, subject to collection) to be held by Escrow Agent below for the purchase of: Condominium Unit Nos. 5-9, inclusive of OLD SCHOOL SQUARE CONDOMINIUM (a "Unit" or the "Units"), a condominium, to be created in Delray Beach, Palm Beach County, Florida (the "OSSC Condominium"), along with (i) all storage facilities provided within the improvements; (ii) all parking spaces provided within the improvements as further identified herein; and (iii) pads for placement of generators to service the Units within the improvements, the improvements being commonly referred to as the Old School Square Parking Garage (collectively the "Property"). 1. Purchaser's Reservation Deposit shall be payable to Renaissance Title Corporation, a Florida Corporation (the "Escrow Agent") having an office at 209 North Seacrest Boulevard, Suite 2, Boynton Beach, Florida 33435. Escrow Agent shall deliver a receipt for the Reservation Deposit to Purchaser. 2. Until such time as the Purchase Agreement referred to below becomes operative between the parties, for any reason or for no reason, Purchaser has the right to: (i) an immediate unqualified refund of the Reservation Deposit without interest upon written request either directly to Escrow Agent, at the address set forth in Paragraph 1 above, or to the Seller, with a copy to Escrow Agent; and (ii) the termination of this Reservation Agreement. 3. Immediately upon execution of this Reservation Agreement by the parties hereto and confirmation of receipt and clearance of the Reservation Deposit by the Escrow Agent, the Purchaser shall cause to be prepared condominium documents ("Condominium Documents") for a proposed nine (9) unit commercial condominium as depicted on Schedule "A"(subject to the review as set forth herein and possible reconfiguration of the unit designations based on the Purchaser's Intended Use as hereinafter defined, in Purchaser's reasonable discretion), along with the identification of the exact location of: (i) the storage area which shall not be less than 1,800 square feet in size; and (ii) the generator pads. The Condominium Documents shall include, but not be limited to, a Declaration of Condominium Covenants and Restrictions, Articles of Incorporation for the condominium association not-for-profit corporation and Bylaws for the condominium association not-for-profit corporation, as well as any and all other documentation related to the formation of the condominium as required by the Purchaser. O:~DELL0021Reservation Agreement.revised.09-05-07.doc 1 4. Regardless of the obligation for preparation and review: (i) Purchaser reserves the right to receive all Condominium Documents as required by Chapter 718, Florida Statutes, the Condominium Act and this Reservation Agreement; and (ii) any and all filings which may be required by Chapter 718, the Florida Statues, the Condominium Act, shall be at the sole cost and expense of Seller who shall be the "Developer" with respect to the OSSC Condominium. 5. Purchaser reserves the exclusive right to purchase the Property for the sum as calculated pursuant to the formula set forth in Schedule "B" in accordance with the terms and conditions of this Reservation Agreement. The parties agree that the purchase price for the Units in the preceding sentence shall be the purchase price in the Purchase Agreement referred to below. 6. Within twenty (20) days after the Effective Date of this Reservation Agreement, the Seller authorizes the Escrow Agent to obtain a title commitment ("Title Commitment") for the Purchaser together with legible copies of all title documents listed as exceptions, from a nationally recognized title insurance company agreeing to issue to Purchaser an Owner's ALTA Form B title insurance policy in the total amount of the purchase price insuring fee simple marketable title to the Units. The cost of the title search shall be paid for by the Purchaser. The Title Commitment is being supplied to the Purchaser in connection with this Reservation Agreement for informational purposes only. Upon execution of the Reservation Agreement, the Seller shall make available to Purchaser all documents which may be beneficial to Purchaser in connection with Purchaser's assessment of the Property, including, but not limited to, any surveys, plans, specifications, environmental reports, permits and insurance policies (the "Property Information"). 7. The parties understand and agree that other agreements and arrangements will have to be worked out and agreed upon as to adjacent and attached improvements and properties that will be retained and operated by the Seller. The parties agree to make a good faith effort during the pendency of this Reservation Agreement to discuss and resolve such agreements and arrangements and reach an agreement on such matters prior to the Purchase Agreement becoming operative between the parties. As examples, but not limitations, some of the agreements and arrangements are listed below: (a} utility connections; (b) floor finish levels; (c) landscaping and irrigation; (d) ingress and egress; and (e) garbage pick-up and disposal. Additional examples include but are not limited to (i) an agreement by which the Seller is required to rebuild the Old School Square Parking Garage in the event of a natural disaster, Act of God or other casualty; and (ii) an agreement to hold harmless and indemnify the Purchaser from any and all activities associated with the use of the Old School Square Parking Garage. These agreements and arrangements may take the form of easements, development agreements or alike and are sometimes hereinafter referred to collectively as the "Operational Agreements." 8. The parking spaces are identified as ten (10) parking spaces within the Old School Square Parking Garage (two (2) per unit). Such parking spaces shall be exclusive to the Purchaser and further identified in the Purchase Agreement and Condominium Documents. 9. The Seller has the full right, power and authority to sell the Property as provided in this Reservation Agreement and to carry out the Seller's obligations hereunder, and all requisite action necessary to authorize the Seller to enter into this Reservation Agreement and to carry out its obligations hereunder have been taken by the Seller. The person signing this Agreement on 0:1DELL002~Reservation Agreement.revised.09-05-07.doc 2 behalf of Seller is authorized to do so and such authorization documentation as the Purchaser may reasonably request from the Seller shall be provided to verify such authorization. 10. Purchaser is a limited liability company duly organized, validly existing and in good standing under the laws of the state of Florida. Purchaser has the legal capacity, authority and right to enter into this Reservation Agreement. 11. Neither party shall have the right to assign this Reservation Agreement nor any of their respective rights or interests hereunder to any other person, agency, governmental unit or entity. 12. Within twenty (20) days after Seller executes the Reservation Agreement in accordance with the terms hereof and delivers same to Purchaser, Purchaser shall prepare a draft of all of the Condominium Documents as required by this Reservation Agreement and deliver such drafts to Seller not later than fifteen (15) days after Seller's Condominium Comment Letter is due. Anything herein to the contrary notwithstanding, Seller shall prepare a draft of the budgets which are to form a part of the Condominium Documents and deliver drafts to Purchaser. Within ten (10) days after receipt of the drafts of the Condominium Documents, Seller shall either agree or disagree as to the matters raised therein and respond to Purchaser (the "Seller's Condominium Comment Letter"). Within ten (10) days after receipt of Seller's Condominium Comment Letter, Purchaser shall make sure changes as Purchaser, in its sole discretion deems appropriate and deliver such revised Condominium Documents to Seller. Such Condominium Documents shall be the approved Condominium Documents. If Purchaser fails to respond within such ten (10) day period, then the Condominium Documents as originally proposed by Purchaser shall be the approved Condominium Documents. 13. Seller and Purchaser shall agree. on the form and content of all Operational Agreements. In the event that Seller and Purchaser are unable to agree on the form and content of all Operational Agreements, prior to that date, then Purchaser may request the return of the Reservation Deposit from the Escrow Agent. 14. Within fifteen (15) days after the Seller's Condominium Comment Letter, Purchaser and Seller shall identify ten (10) parking spaces within the improvement commonly referred to as Old School Square Parking Garage which will be sold to Purchaser and will be part of the Property (the "Exclusive Parking"). Without limiting the foregoing, in addition, the Seller shall warrant and represent that with respect to the Property that has been sold to Purchaser, Purchaser either owns or there is attributable to Purchaser sufficient parking to meet any and all parking requirements under the applicable zoning laws, rules, regulations or codes, meeting all requirements for Purchaser's Intended Use. It is acknowledged, understood and agreed that "Purchaser's Intended Use" is defined and does mean use of the Units for retail, commercial and office space, including but not limited to a showroom for retail goods. 15. Provided that: (i) there exist approved Condominium Documents; (ii) the parties have agreed to the form and content of the Operational Agreements; and (iii) the parties have agreed upon the fittings, finishes and insulation to be completed by Seller within the Units (and which shall be Exhibit "C" to the Purchase Agreement which further describes this exhibit), then the parties shall enter into a Purchase Agreement in a form as attached hereto as Schedule "C." The parties agree to use good faith and apply standards of reasonable business judgment as to the negotiation of Operational Agreements. O:~DELL002~Reservation Agreement.revised.09-05-07.doc 3 16. The Seller hereby warrants to Purchaser that it has not engaged or dealt with any broker or agent with respect to the purchase and sale of the Property as contemplated by this Reservation Agreement, except Mrs. Ingrid Kennemer, Commercial Group, LLC, 1045 E. Atlantic Avenue, Suite 311, Delray Beach, Florida 33483 whose compensation shall be paid by Seller. The Seller agrees to hold the Purchaser harmless and indemnify Purchaser from any and all claims and demands, actions, damages, judgments, execution of liens, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with any claims from any other brokers for real estate brokerage commissions in reference to the sale of the Property made or claimed or by any party claiming through the Seller. Purchaser, likewise, warrants to the Seller that it has not engaged or dealt with any broker or agent with respect to the purchase and sale of the Property as contemplated by this Reservation Agreement, Purchaser agrees to hold harmless and indemnify the Seller from any and all claims and demands, actions, damages, judgments, execution of liens, costs, and expenses, including reasonable attorney fees, arising out of or in connection with any claims from any other brokers for real estate brokerage commissions in reference to the sale of the Property made or claimed by any party claiming through Purchaser. The provisions of this Paragraph shall survive the termination of this Reservation Agreement. This paragraph will survive (continue to be effective after) Closing and any termination of this Agreement. 17. Any notice required or permitted to be given hereunder shall be in writing and shall be deemed given and effective upon mailing, by electronic transmission, or by Express Mail, addressed to the parties at the addresses set forth in Schedule "D." Any date for notice or action falling on a holiday, Sunday or Saturday, shall be extended to the following business day. 18. If any provision of this Reservation Agreement is held to be invalid, or unenforceable, the remainder of the provisions of this Reservation Agreement shall remain in full force and effect and shall in no way be affected. This Reservation Agreement shall be governed and construed in accordance with the laws of the State of Florida. Subject to the provisions of this Reservation Agreement, this Reservation Agreement shall be binding upon, and shall inure to the benefit of Seller, and Purchaser, their successors and assigns. All Exhibits are hereby incorporated by reference and made a part of this Reservation Agreement. Typewritten or handwritten provisions which are inserted in or attached to this Reservation Agreement as addenda or riders shall control all printed or pretyped provisions of this Reservation Agreement with which they may be in conflict. This Reservation Agreement may be amended only by a written instrument executed by the party or parties to be bound thereby. 19. In the event of litigation between the parties with respect to the Property, this Reservation Agreement or the performance of their respective obligations hereunder, or the effect of termination under this Reservation Agreement, the prevailing party shall be entitled to reimbursement of all costs and expenses incurred by such party in connection with the litigation, including reasonable attorneys' fees. 20. This Reservation Agreement maybe executed in counterparts, each of which shall be deemed an original. A facsimile signature shall be treated as an original for all purposes. 21. The Seller shall give Purchaser and its representatives full access, during normal business hours, to the Property during the pendency of this Reservation Agreement. O:~DELL002Vteservation Agreement.revised.09-05-07.doc 4 22. Time is of the essence under this Reservation Agreement and applicable to each and all of its provisions. Any time period which shall end on a day other than a business day shall be deemed to extend to the next business day. 23. A Memorandum of Reservation Agreement shall be recorded in the Public Records of Palm Beach County, Florida in order to provide constructive notice of this Reservation Agreement. If Purchaser fails to proceed with the Purchase Agreement, then in such case the Seller may record a Termination of Memorandum of Reservation Agreement which shall be executed by the parties at the same time as the execution of the Memorandum of Reservation Agreement and which shall be held in escrow by the Escrow Agent. 24. As used in this Reservation Agreement, the words "hereunder," "herein," "hereof," and other words of similar import refer to this entire Reservation Agreement. Pronouns and relative words used herein shall be read interchangeably in masculine, feminine, or neuter, singular or plural, as the respective case maybe. The word "will" or "shall" shall have the same meaning in that a party shall be obligated to perform such obligations that may be associated with such word, regardless of whether it is "will" or "shall." 25. The parties hereby agree that each have played an equal part in the negotiations and drafting of this Reservation Agreement, and in the event any ambiguities should be realized in the construction or interpretation of this Reservation Agreement, the result of those ambiguities shall be equally assumed and realized by each of the parties to this Reservation Agreement. 26. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 27. With respect to any other units which may be available within the OSSC Condominium, Purchaser shall have a right of first refusal with respect to such condominium units. Prior to execution of the Purchase Agreement, Seller and Purchaser shall enter into a Right of First Refusal Agreement which shall detail Purchaser's Right of First Refusal. The Right of First Refusal Agreement shall be recorded in the Public Records of Palm Beach County, Florida and shall assure Purchaser of Purchaser's ability to exercise such right. 28. This Reservation Agreement, when duly executed by all the parties hereto, shall be binding upon the parties hereto, their successors and assigns. In the event this Reservation Agreement has not been executed by the Seller by October 17, 2007, then this Reservation Agreement shall be considered null and void and the Escrow Agent shall return the deposit to Purchaser made hereunder. O:~DELL002~Reservation Agreement.revised.09-OS-07.doc 5 IN WITNESS WHEREOF, the parties have executed this Reservation Agreement on the date first above-written. SELLER: WITNESSES: CITY OF DELRAY BEACH, FLORIDA , a municipality established pursuant to the laws of the State of Florida Print Name: BY: Print Name: Title: Print Name: WITNESSES: BY: rint N e: lc./~ V Print Name: Vi49'Lss~ ~'. t ~~c 7fZ 0:1DELL0021Iieservation Agreement.revised.09-05-07.doc LLC, a Florida limited Print Name• (~ ~ ~ c i~~ t..- l' ~'-~~~' i f Z- 6 scNEDur..~ «A SCHEDULE "B" PURCHASE PRICE The Purchase Price for the Property shall be equal to the following subject to the credit below: Two Hundred Fifteen and 00/100 ($215.00) Dollars per square foot as to each of the five (5) Units being purchased within the OSSC Condominium, as measured after the commercial condominium has finally been configured pursuant to the approved Condominium Documents. Measurement of square footage shall be based upon a measurement from interior wall to interior wall, without any addition for: (i) any area which is common or not exclusively occupied by the condominium owner; and (ii) measurement to the middle of walls or other supporting structures. By way of example and not limitation, the measurement of square footage shall not include: (i) any storage area; (ii) any generator pads; and (iii) any area sold to any other condominium unit owner or common to the condominium. Without limiting the foregoing, the parties acknowledge that the estimated square footage for the units being purchased by the Purchaser is ten thousand four hundred forty (10,440) square feet, but that this number may vary and shall be calculated in accordance with the formula set forth herein. At the time of closing, Purchaser shall receive a credit against the Purchase Price equal to the lesser of the following two (2) amounts: (i) Ten and 00/100 ($10.00) Dollars per square foot; or (ii) The amount spent to complete a finished concrete floor within the Units being purchased by Purchaser. Such credit shall be subtracted from the Purchase Price at the time of closing. 0:1DELL0021schedule B.doc OLD SCHOOL SOUARE CONDOMINIUM AGREEMENT FOR SALE ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE SELLER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS PURCHASE AGREEMENT AND THE DOCUMENTS REQUIRED BY CHAPTER 718, FLORIDA STATUTES, IF APPLICABLE, TO BE FURNISHED BY THE 5ELLER TO A PURCHASER. In this Agreement For Sale ("Agreement"), the term "Purchaser" means or refers to DAVINCI CANDLE, LLC, a Florida limited liability company. The word "Seller" means or refers to CITY OF DELRAY BEACH, FLORIDA, a municipality established pursuant to the laws of the State of Florida. If the first letter of a word is capitalized in this Agreement, that word will have the meaning given to it in this Agreement or in the Declaration (as defined in paragraph 1 of this Agreement). 1. Purchase and Sale. (a) Purchaser agrees to buy, and Seller agrees to sell (on the terms and conditions contained in this Agreement), five (5) units (a "Unit" or the "Units") in the approved OLD SCHOOL SQUARE CONDOMINIUM, A CONDOMINIUM (the "Condominium") located within the property described on Exhibit "A" attached hereto along with (i) all storage facilities provided within the improvements; (ii) all parking spaces provided within the improvements as further identified herein; and (iii) pads for placement of generators to service the Units within the improvements, the improvements being commonly referred to as the Old School Square Parking Garage (collectively the "Property"). The Units and the Condominium are described in greater detail in the approved Declaration of Condominium (the "Declaration") and attached exhibits (the "Condominium Documents"). Purchaser acknowledges receipt of the Condominium Documents and all documents which may be required by Chapter 718, Florida Statutes, to be furnished by the Seller to a Purchaser, on or before the date of this Agreement. The foregoing statement shall not, however, be in lieu of the execution of a Receipt for Condominium Documents. The total purchase price for the Property is as set forth in Exhibit "B" (the "Purchase Price"). (b) The Purchase Price also includes the exclusive use of ten (10) parking spaces located within the Old School Square Parking Garage (the "Parking Garage") to which the Units are attached and share common walls. Such exclusive parking spaces identified in Exhibit "A." At Closing, Purchaser will receive an assignment of the exclusive right to use such parking spaces, which, once assigned, shall be an appurtenance to the Units. The designated spaces shall be selected by Seller. O:~DELL002~Purchase Agreement revised - 09-05-07.DOC Purchaser Initials: Seller Initials: 1 (c) Purchaser acknowledges that the Units and the Condominium improvements of which they are a part have not yet been completed, and that the Closing Date cannot be set until five (5) days after the later of the following date: (i) the date when construction shall be complete; (ii) the date on which a certificate of occupancy is obtained for Purchaser's use; and (iii) the date when possession can be delivered. 2. Payment of the Purchase Price. Purchaser agrees to allow the Reservation Deposit as set forth in the Reservation Agreement dated _, 2007 (the "Reservation Agreement") to be retained as a deposit against the Purchase Price. The Reservation Agreement is incorporated herein by reference and made a part of this Agreement. In the event of a conflict between the Reservation Agreement and this Agreement, this Agreement shall prevail. (a) Within five (5) days of the last of the parties to execute the Purchase Agreement, Purchaser shall deposit with the Escrow Agent an additional deposit of Two Hundred Nineteen Thousand and 00/100 ($219,000.00) Dollars. The Reservation Deposit and the additional deposit shall be held in accordance with this Purchase Agreement. The Reservation Deposit and additional deposit are hereinafter referred to collectively as "Deposit" or "deposit." (b) Purchaser understands and agrees that Purchaser will be obligated to pay "all cash" at Closing. This Agreement and Purchaser's obligations under this Agreement to purchase the Units will not depend on whether or not Purchaser qualifies for or obtains a mortgage from any lender. Purchaser will be solely responsible for making Purchaser's own financial arrangements. (c) Except as permitted below or by the provisions of the Florida Condominium Act, the Deposit will be held in escrow by Renaissance Title Corporation ("Escrow Agent"), having an office at 209 N. Seacrest Blvd., Boynton Beach, Florida 33435, Attn: Carole J. Aronson, Esquire, in accordance with the escrow agreement contained in the Condominium Documents. (d) The parties agree that the Deposit made hereunder shall remain in escrow and shall only be released to Seller upon a successful closing of the transaction or as may be otherwise provided for in this Agreement. 3. Finish Insulation and Energy Efficiency. (a) The Units and the Condominium shall be constructed in accordance with: (i) the plans and specifications on file with applicable governmental authorities; and (ii) Exhibit "C." The plans and specifications may be amended from time-to-time provided that such amendment is disclosed to Purchaser and Purchaser in its reasonable discretion determines that such amendment has no affect on Purchaser's Intended Use of the Property. (b) At lest ten (10) days prior to Closing, Seller shall install in the Units, the finishes and insulation set forth in Exhibit "C." Energy Efficiency shall be 0:1DELL0021Purchase Agreement revised - 09-OS-07.DOC Purchaser Initials: ( ) Seller Initials: ( ~ 2 disclosed by Seller prior to Closing in a manner that meets the requirements of the rules of the Federal Trade Commission. Purchaser acknowledges receipt of the Department of Community Affairs' brochure regazding energy efficiency ratings. (c} Prior to closing, Seller shall install at Seller's cost such communication wiring and attendant facilities to the Units which aze necessary for Purchaser's Intended Use, including but not limited to a T-1 line, DSL line and cable television. (d) Purchaser will be given an opportunity prior to Closing to inspect the Units. At that time, Purchaser will prepaze an inspection statement listing any defects in workmanship or materials which Purchaser discovers. If any item listed is actually defective in workmanship or materials in Purchaser's reasonable opinion (keeping in mind the construction standazds applicable in Palm Beach County, Florida for similar property), Seller will be obligated to correct those defects at its sole cost within a reasonable period of time after Closing, but not longer than thirty (30) days; provided further, however, if such defects aze of a nature that materially affects Purchaser's Intended Use, the closing shall be delayed for a period of thirty (30) days during which time such defects shall be corrected at Seller's sole cost. 4. Inspection Period. At any time on or before January 31, 2008, Purchaser may inspect the Property and the Pazking Gazage ("Inspection Period"). During the Inspection Period, Purchaser, at Purchaser's sole cost, may employ such professionals as Purchaser deems appropriate to inspect the Property and Parking Gazage, including but not limited to structural engineers, architects and civil engineers. If for any reason or for no reason, Purchaser determines that the Property is unsuited for Purchaser's Intended Use, as hereinafter defined, then at any time, not later than five (5) days after the end of the Inspection Period, the Purchaser may terminate the Purchase Agreement and the Deposit shall be immediately returned to the Purchaser and each party shall be released from any continuing liability. The parties acknowledge, understand and agree that "Purchaser's Intended Use" is defined and does mean use of the Units for retail, commercial and office space, including but not limited to a showroom for retail goods. The rights granted to Purchaser pursuant to this Paragraph 4 aze not in limitation of the rights granted to Purchaser with respect to Paragraph 3 and the opportunity to inspect after the Units aze finished as set forth above. 5. Closing Date. Before Seller can require Purchaser to close, three (3) matters must be completed: (a) Seller must record the Declazation and related documents in the Palm Beach County Public Records as reviewed and approved in accordance with the Reservation Agreement; (b) Seller must obtain all items required by Paragraph 1(c) of this Agreement; and O:IDELL0021Purchase Ageement revised - 09-OS-07.DOC Purchaser Initials: Seller Initials: ( ) 3 (c) Seller must complete all conditions precedent set forth in Paragraph 21 of this Agreement. 6. Closing. The term "Closing" refers to the time when Seller delivers the deed to the Property to Purchaser and ownership changes hands. Purchaser's ownership is referred to as "title." Seller promises that the title Purchaser will receive at Closing will be good, marketable and insurable subject to only the permitted exceptions determined pursuant to Paragraph 8 of this Agreement (the "Permitted Exceptions"). (a) At Closing, Seller promises to give Purchaser a special warranty deed to the Units. The special warranty deed will be subject to only the Permitted Exceptions. (b) Certain other expenses, fees, costs or other sums when the title is delivered to Purchaser at Closing shall be paid by Purchaser, but such expenses, fees, costs and sums shall be no greater than what is set forth below: (i) A working capital contribution in an amount equal to no more than one (1) month's maintenance charge owed to the Condominium Association, which charge is payable directly to the Association to provide it with initial capital; (ii) Current expenses of the Units limited to real estate taxes and the current monthly assessments of the Association will be prorated as of the date of Closing; (iii) If taxes for the year of Closing are assessed on the Condominium as a whole, Purchaser shall pay Seller, at Closing, the Units' allocable share of those taxes (as reasonably estimated and subject to reproration when the actual tax bill is available) for the Units from the date of Closing through the end of the applicable calendar year of Closing; and (iv) Any costs or expenses associated with Purchaser's financing in the event Purchaser should obtain financing. (c) Any and all other costs, expenses, fees or sums of any other nature whatsoever incurred in connection with closing shall be paid by Seller, including but not limited to documentary taxes, cost of the title insurance premium, escrow fees and closing costs, recording costs and alike. (d) Any and all warranties or guarantees as to construction of the Property shall be assigned by Seller to Purchaser at the time of closing. (e) At closing, Seller shall deliver each of the following items and duly executed documents to the Purchaser: (i) keys to locks located on the Property; (ii) a closing statement to be approved by Purchaser; (iii) any and all documents as may be reasonably requested by the title insurer in order to issue a title policy to Purchaser with O:IDELL002~Pivchase Agreement revised - 09-OS-07.DOC Purchaser Initials: ( ) Se)ler Initials: 4 only the Permitted Exceptions; (iv) evidence of entity existence authorizing the closing; and (v) such other documents as may be required pursuant to this Agreement. 7. Default. (a) If Purchaser fails to perform any of Purchaser's obligations under this Agreement (including making scheduled deposits and other payments) Purchaser will be in "default". If Purchaser is still in default ten (10) days after Seller sends Purchaser notice thereof, Seller shall be entitled to the remedies provided herein. {b) Upon Purchaser's default (and the expiration of any notice period), all Purchaser's rights under this Agreement will end and Seller can resell the Units. In the event Seller cancels this Agreement because of Purchaser's default, Purchaser authorizes Seller to keep all deposits Purchaser has then made as liquidated damages (and not as a penalty}, and as Seller's sole and exclusive remedy. Purchaser and Seller agree to this because there is no other precise method of determining Seller's damages. (c) If Seller fails to perform any of Seller's obligations under this Agreement, Seller will be in "default". If Seller is still in default ten (10) days after Purchaser sends Seller notice thereof, Purchaser will have such rights as may be available in equity and/or under applicable law. (d) The provisions of this Section 14 will survive (continue to be effective after) Closing. The parties acknowledge that the remedies hereunder are not reciprocal. The lack of reciprocity was part of the negotiations between the parties. The parties specifically acknowledge and agree that the remedies as negotiated and agreed upon are fair and equitable. 8. Title and Survey. The parties acknowledged and understood that a Title Insurance Commitment was provided to Purchaser in connection with the Reservation Agreement. Within ten (10) days of the execution of the Purchase Agreement by the last party to sign, Seller shall deliver to Purchaser Seller's most current survey for the Parking Garage and Property. Purchaser shall have the opportunity until January 7, 2008 to comment on the Title Insurance Commitment and survey ("Purchaser's Title Comment Letter") and Purchaser's Title Comment Letter shall include a list of items which Purchaser shall allow as exceptions to title (the "Permitted Exceptions"). On or before January 31, 2008, Seller shall respond in writing to Purchaser's Title Comment Letter and state that Seller shall agree to deliver title with only the Permitted Exceptions. If Seller states that Seller is unable to deliver title in such manner, then Purchaser shall have the option within five (5) days after the end of the Inspection Period to have the Deposit returned to Purchaser and to terminate the Agreement and thereafter neither party shall have any liability with respect to the Agreement. O:~DELL0021Purchase A6Reement revised - 09-OS-07.DOC Purchaser Initials: ( ) Seller Initials: 5 9. Liti;?ation. In the event of any litigation between the parties under this Agreement, the prevailing party shall be entitle to reasonable attorneys', paralegals' and para-professionals' fees and court costs at all trial and appellate levels. In addition, in the event of any litigation between the parties under this Agreement: (i) the parties shall and hereby submit to the jurisdiction of the state and federal courts of the State of Florida, and (ii) venue shall be laid exclusively in Palm Beach County, Florida. This paragraph will survive (continue to be effective after) any termination of this Agreement, but shall otherwise be deemed merged into the deed at Closing. 10. Bud ets. Anything to the contrary notwithstanding, Seller shall provide on or before the end of the Inspection Period a draft of the Estimated Operating Budgets for the Condominium Association Common Expenses and the Limited Common Expenses (the "Budgets") contained in the Condominium Documents. Purchaser acknowledges that the Budgets are only an estimate of what it will cost to run the Association during the period of time stated in the Budgets. However, the Seller shall use its best efforts to properly estimate such Budgets based on generally accepted accounting principles and reasonable business judgment as to its draft. After receipt of such draft, Purchaser shall finalize the Budgets. 11. Condominium Association. This Agreement is also Purchaser's application for membership in the Condominium Association, which membership shall automatically take effect at Closing. At that time, Purchaser agrees to accept all of the liabilities and obligations of membership. 12. Sales Commissions. The Seller hereby warrants to Purchaser that it has not engaged or dealt with any broker or agent with respect to the purchase and sale of the Property as contemplated by this Reservation Agreement, except Mrs. Ingrid Kennemer, Commercial Group, LLC, 1045 E. Atlantic Avenue, Suite 311, Delray Beach, Florida 33483 whose compensation shall be paid by Seller. The Seller agrees to hold the Purchaser harmless and indemnify Purchaser from any and all claims and demands, actions, damages, judgments, execution of liens, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with any claims from any other brokers for real estate brokerage commissions in reference to the sale of the Property made or claimed or by any party claiming through the Seller. Purchaser, likewise, warrants to the Seller that it has not engaged or dealt with any broker or agent with respect to the purchase and sale of the Property as contemplated by this Reservation Agreement, Purchaser agrees to hold harmless and indemnify the Seller from any and all claims and demands, actions, damages, judgments, execution of liens, costs, and expenses, including reasonable attorney fees, arising out of or in connection with any claims from any other brokers for real estate brokerage commissions in reference to the sale of the Property made or claimed by any party claiming through Purchaser. The provisions of this Paragraph shall survive the termination of this Reservation Agreement. This paragraph will survive (continue to be effective after) Closing and any termination of this Agreement. 0:1DELL0021Purchase Agreement revised - 09-OS-07.DOC Purchaser Initials: ( _) Seller Initials: 6 13. Notices. Any notices required or permitted to be given under this Agreement shall be delivered by hand, mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, or delivered by a nationally recognized overnight delivery service, and addressed as described below; notices shall be deemed effective only upon receipt or refusal of delivery. Notices may also be given by facsimile or email, effective as of the date of receipt (or, if not a business day, the first business day thereafter). 14. Transfer or Assignment. Purchaser may assign this Agreement or its rights hereunder with the prior written consent of Seller, which may not be withheld by Seller. 15. Purchaser's Right to Cancel. THIS AGREEMENT IS VOIDABLE BY PURCHASER BY DELIVERING WRITTEN NOTICE OF THE PURCHASER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE PURCHASER, AND RECEIPT BY PURCHASER OF ALL OF THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY THE SELLER UNDER THIS AGREEMENT OR CHAPTER 718, FLORIDA STATUTES. THIS AGREEMENT IS ALSO VOIDABLE BY PURCHASER BY DELIVERING WRITTEN NOTICE OF THE PURCHASER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE SELLER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO THE PURCHASER. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. PURCHASER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS AFTER THE PURCHASER HAS RECEIVED ALL OF THE ITEMS REQUIRED. PURCHASER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING. If Purchaser does not cancel this Agreement during this 15-day period, it means that Purchaser ratifies this Agreement and the Condominium Documents and Purchaser agrees that their provisions are fair and reasonable in Purchaser's opinion. 16. Florida Law; Severability. Any disputes that develop under this Agreement will be settled according to Florida law. If any part of this Agreement violates a provision of applicable law, the applicable law will control. In such case, however, the rest of the Agreement (not in violation) will remain in force, 17. Disclosures. Under the laws of the State of Florida, Purchaser is hereby advised as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and O:IDELL002~Purchase Ageement revised - 09-OS-07.DOC Purchaser Initials: ( ) Seller Initials: ( 1 7 radon testing may be obtained from your county health department. The foregoing notice is provided in order to comply with state law and is for informational purposes only. Seller does not conduct radon testing with respect to the Units or the Condominium, and specifically disclaims any and all representations or warranties as to the absence of radon gas or radon producing conditions in connection with the Condominium. 18. Miscellaneous. The provisions set forth in the Condominium Documents are incorporated into this Agreement as if repeated at length here. When the words "this Agreement" are used, they shall include in their meaning all modifications, riders and addenda to it signed by Purchaser and Seller. 19. Escrow Agent. (a) Escrow Agent undertakes to perform only such duties are as expressly set forth in this Agreement. Escrow Agent shall not be deemed to have any implied duties or obligations under or related to this Agreement. Escrow Agent is affiliated with the law firm representing Seller. In the event of a dispute between the parties, the parties consent to Escrow Agent continuing to represent Seller, notwithstanding that Escrow Agent shall continue to have the duties provided for in this Agreement. (b) Escrow Agent may (i) act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine; (ii) assume the validity and accuracy of any statement or assertion contained in such a writing or instrument; and (iii) assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions of this Agreement has been duly authorized to do so. Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited in escrow, nor as to the identity, authority, or right of any person executing any instrument; Escrow Agent's duties under this Agreement are and shall be limited to those duties specifically provided in this Agreement. (c) The parties to this Agreement do and shall indemnify Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions. suits or proceedings at law or in equity, or other expenses, fees, or charges of any character or nature, including attorneys' fees and costs, which it may incur or with which it may be threatened by reason of its action as Escrow Agent under this Agreement, except for such matters which are the result of Escrow Agent's gross negligence or willful malfeasance. (d) If the parties (including Escrow Agent) shall be in disagreement about the interpretation of this Agreement, or about their respective rights and obligations, or about the propriety of any action contemplated by Escrow Agent, Escrow Agent may, but shall not be required to, file an action in interpleader to resolve the disagreement; upon filing such action, Escrow Agent shall be released from all obligations under this Agreement. O:~DELL0021Purchase Ageement revised - 09-OS-07.DOC Purchaser Initials: ( _) Seller lnitials: 8 (e) The provisions of this section shall survive the Closing and also the cancellation of this Agreement. 20. Seller's Warranties and Representations. Notwithstanding anything to the contrary in this Agreement, the following provisions shall take precedence over and supersede any conflicting provisions or Exhibits in and to this Agreement. The Seller hereby warrants and represents the following to Purchaser, with the full understanding that Purchaser has and shall rely upon said contemplated herein which shall be true as of the date of this Agreement and as of the Closing Date: (a) The Seller owns fee simple legal and beneficial title to the Units and the Property, free and clear of all liens and encumbrances, mortgages, security agreements, licenses, claims, options to purchase, liens, covenants, conditions, judgments, easements and other .matters affecting title, except for the Permitted Exceptions. (b) Seller has the legal power and authority to own, to enter into this Agreement and to convey the Units without the need for consent or joinder of any beneficiary or other person or entity. The Agreement, upon execution by Seller, shall be binding upon Seller in all respects and constitute Seller's valid and enforceable obligations hereunder. Any instruments to be delivered by Seller to Purchaser at Closing shall likewise be valid, binding and enforceable against Seller. (c) The execution and delivery of this Agreement and the consummation of the consummation of the transaction contemplated hereby does not violate any trust agreement or other agreement or instrument to which Seller is a party, or which encumbers the Units and the Property and does not violate provision of law or any applicable judgment, order or decree of any court or governmental agency having jurisdiction over Seller or the Units and the Property, including but not limited to any bond that may have been issued by the City in connection with the Parking Garage or Property. (d) There are no restrictions, prohibitions or conditions limiting vehicular and pedestrian ingress to and egress from the Units and the Property. Seller has not received notice, nor does Seller have any knowledge of any default or breach by Seller of any covenant, condition, restriction, right of way or easement affecting the Units and the Property. (e) All public utilities required for the operation of the Units and the Property either enter the Units and the Property through adjoining public streets or, if they pass through adjoining private land, do so in accordance with valid public easements or private easements which shall inure to the benefit of the Purchaser. All utilities, including, but not limited to, water, sewer, electric and telephone, are presently and will be prior to closing available to the Units and Property in sufficient quality and quantity to fully support and service the use of the Units and the Property. All installation and 0:1DELL0021Purchase Agreement revised - 09-OS-07.DOC Purchaser Initials: ( ) Seller Initials: ( ) 9 connection chazges for all public utilities have been and will be prior to Closing paid in full by the Seller. (f) Except for the Permitted Exceptions, Seller or its predecessors in title has not entered into any leases, contracts, subcontracts, arrangements, licenses, concessions, easements, or other agreements, either recorded or unrecorded, written or oral, affecting the Units and the Property, or any portion thereof or the use thereof, and which cannot through the payment of money or filing a bond be extinguished. (g) There are not: (i) any pending improvement liens to be made by any governmental authority with respect to the Units and the Property; (ii) any violations of zoning ordinances or other governmental regulations with respect to the Units and the Property; (iii) any pending or threatened lawsuits or appeals of prior lawsuits with respect to the Units and the Property; or (iv) any condemnation proceedings with respect to the Units and the Property. (h) Seller is not a "foreign person" within the meaning of the United States tax laws and to which reference is made in Internal Revenue Code Section 1445(b)(2). At the Closing, Seller shall deliver to Purchaser an affidavit to such effect. (i) The Property is not in violation of, and Seller has not received any written notice from the United States Environmental Protection Agency or any other federal, state or local governmental authority, alleging the Property is in violation of, any applicable Environmental Laws or contains any Hazardous Materials. "Hazardous Materials" shall mean toxic or hazardous materials specified as such in, or regulated under any federal, state or local laws, ordinances, rules, or regulations governing use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of such materials (collectively, "Environmental Laws"). There are no underground storage tanks containing (or formerly containing) any petroleum or other hazardous toxic waste, substances or materials on or under the Units and the Property and Seller has not removed any such tanks during its period of ownership of the Units and the Property. (j) Seller knows of no patent or latent defects in or about the Units, the Property, the streets, and other improvements, including but not limited to the existence of mold. (k) All amenities and common areas for the Parking Garage and Property have been completed. (1) The Property has sufficient parking either purchased with it or attributable to it so as to meet all legal requirements as to Purchaser's Intended Use. (m) The Units and the Property: (i) have "concurrency" and copies of any certificates for same have been provided to Purchaser; and (ii) have had paid by Seller all impact fees and similaz assessments prior to closing so no further such fees or O:IDELL002~Purchase Agreement revised - 09-OS-07.DOC Purchaser Initials: ( ) Seller Initials: 10 assessments are due or owing. (n) There is available to Purchaser signage for each Unit in a size and location that is commercially reasonable and not less than what is commonly available to other establishments in the vicinity of the Pazking Garage. (o) The Property is zoned for Purchaser's Intended Use and Purchaser may carry out Purchaser's Intended Use within the Property without being in violation of any zoning law, ordinance, code or rule. (p) It is a condition precedent to Closing that all of the representations and warranties contained in this Agreement shall continue to be true as of the Closing Date. Seller's liability therefore shall survive the termination of this Agreement or the Closing and shall not be merged or extinguished 21. Conditions Precedent. Notwithstanding anything to the contrary in this Agreement, the following provisions shall take precedence over and supersede any conflicting provisions or Exhibits in and to this Agreement. In addition to all other conditions set forth herein, the obligation of Purchaser to consummate the transactions contemplated hereunder shall be contingent upon the following, which may be waived by Purchaser, in Purchaser's sole discretion (collectively the "Conditions Precedent"): (a) The Seller's representations and warranties contained herein shall be true and correct in all respects as of the date of this Agreement and the Closing Date; (b) As of the Closing Date, the Seller shall have performed its obligations hereunder and all deliveries to be made at Closing have been tendered; (c) There shall exist no pending or threatened action, suit or proceeding with respect to the Property before any court, governmental or other administrative agency which seeks to restrain, prohibit, delay or deny the completion, construction, operation or sale of the Condominium Units; (d) The Property shall have been zoned for and is entitled for Purchaser's use as indicated by the certificates of occupancy required by Paragraph 1 and all development applications have been approved by the City of Delray Beach, Florida as to such use; (e) The Purchaser shall have received fmal Certificates of Occupancy as required b y Pazagraph 1 for all of the Units; (f) No moratoria shall exist as to the Property; (g) All agreements regarding the Pazking Garage attached to the Units (including any party wall agreements), adjacent property and use rights to in favor of the Property as provided for in the Reservation Agreement and shall have been obtained and O:\DELL002\Purchase Agreement revised - 09-OS-07.DOC Purchaser Initials: ( ) Seller Initials: ( 1 11 executed by all necessary parties and governmental agencies and shall be in recordable form, if requested by the Purchaser and/or Title Agent. Such agreements are referred to in the Reservation Agreement as the "Operational Agreements" and the execution and obtaining of all such Operational Agreements are a part of and material to the satisfaction of this Condition Precedent; (h) As of the Closing Date, the Title Insurance Company shall be prepared to issue to Purchaser its owners' title insurance policy in accordance with the Commitment to Property supplied in connection with the Reservation Agreement, except that such title insurance policy shall show only such exceptions as are the Permitted Exceptions. (i) The parties contemplate that the Conditions Precedent are to be met within by February 28, 2008. However, in the event the Conditions Precedent set forth above are not satisfied on or before the Closing Date, the Purchaser shall have the option; to exercise by written notice to Seller not later than the Closing Date, of: (i) terminating this Agreement, in which event the deposits shall be returned to Purchaser; (ii) extending the Closing Date to a date as may be reasonable; or (iii) proceeding to close this Agreement without satisfaction of any one or more of the Conditions Precedent. 22. Entire Agrreement. This Agreement is the entire contract for sale and purchase of the Units and once it is signed, it can only be amended by a written instrument signed by the party against whom enforcement is sought which specifically states that it is amending this Agreement. [SIGNATURE(S) ON FOLLOWING PAGE] 0:1DELL0021Purchase Ageement revised - 09-OS-07.DOC Purchaser Initials: ( _) Seller Initials: ( _) 12 IN WITNESS WHEREOF, the parties have executed this Agreement For Sale on the date first above-written. SELLER: WITNESSES: CITY OF DELRAY BEACH, FLORIDA A municipality established pursuant to the laws of the State of Florida Print: Print: WITNESSES: Print: Print: O:~DELL002~Purchase Agreement revised - 09-OS-07.DOC By:_ Print: Title PURCHASER: DAVINCI CANDLE, LLC, a Florida limited liability company sy:_ Print: Title: Purchaser Initials: ( ) Seller Initials: 13 SCHEDULE "D" As to Seller: City of Delray Beach, Florida 100 N.W. 1 ~ Avenue Delray Beach, FL 33444 Telephone: (561) 243-7000 Facsimile: (561) With a copy to: As to Buyer: DaVinci Candle, LLC Attn.. 115 S. E. 4~' Avenue Delray Beach, FL 33483 Telephone: (561) Telecopy: (561) With a copy to: Weiner & Aronson, P.A. Attn.: Michael S. Weiner, Esq. 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopy: (561) 272-6831 As to Escrow Agent: Renaissance Title Corporation 209 N. Seacrest Blvd. Boynton Beach, Florida 33435 Phone: (561) 732-6667 Facsimile: (561) 733-9261 0:1DELL0021Reservation Ageement.revised.09-OS-07.doc 7 ~«I . _ ASTAL ~. ~~ *~ COM c A MER I L G(~OUP, LLC October 5, 2007 SUSan Ruby, Esquire Delray Beach City Attorney Office 200 NW 1 Avenue Delray Beach, Florida 33444 RE: Oid School Square Parking Garage Purchase Offer Dear Susan: My Client, Davinci Candle, LLC, would like to clarify their offering to purchase the condominiums ftom the City of Delray Beach. In Paragraph 15. item (iii) of the Reservation Agreement delivered to your office on September 5, we would like to better define the space as being delivered to the purchaser as a "Cold Dark Shell" built according to the building plans for which the contractor pulled the building permits for this site and remove the reference to Exhibit "C". Additionally, I would like to reiterate that my client is interested in purchasing these units as quickly and as straight forward as possible. Since they have no legal description, condominium documents and operational agreements, they have submitted a Reservation Agreement. Their attorney told them that this was the only legal way to make an offer on a real estate transaction where no as built survey, legal description and/or condominium documents existed. Their interest is in buying the units. Should we be able to agree on the economic and basic business terms, my client is prepared to move forward with a binding contract and make all deposits necessary. Please contact me should you have any questions. Sin . y, i %~( g ennemer Broker -Principal Coastal Commercial Group, LLC. Cc: Divinci Candle, LLC. Michael S. Weiner 1045 East Atlantic Avenue, Suite 311 Delray Beach, Florida 33483 561-441-0967 -Office 561-243-2126 -Fax This 4etter acknowledges that Coastal Commercial Group, LLC. (the "Broker") has satisfied the registration requirements of City., of Delray Beach (the "Seller") and hereby registers Michael Horvitz and Mark Asofsky and/or Assigns (the "Prospect") as a Purchaser for the Old School Square Parking Garage First Floor Retail / Office Condos (the "Project"). The Seller therefore agrees to pay a commission to the Broker under the terms of this letter if the Purchase and Sale is consummated between Prospect and Seller for the Project listed. This Agreement is good for one hundred eighty (180) days and will be extended if Broker shows evidence satisfactory to Seller that (s)he is actively pursuing the signing of a Purchase and Sale Agreement between Seller and Prospect. In the event Seller fails to make payments within the time limits set forth herein, then from the date due until paid the delinquent amount shall bear interest at the maximum rate permitted in the State of Florida. If Broker is required to institute legal action against Seller relating to this Schedule or any agreement of which it Is a part, Broker shall be entitled to reasonable attorneys' fees and costs. Additionally, Seller agrees not to directly contact said Prospect without Broker's prior written approval. Commission: Broker's commission shall be calculated at the rate of four percent (4%) of the gross sales price paid to Seller. All commissions shall be considered earned at the execution of a Purchase and Sale Agreement and shall be due and payable only upon Dosing of the Purchase and Sate of the Project. Disclosure: Seller agrees to disclose to Broker and to Prospect any and all information which Seller has regarding the condition of the property, including but not limited to, the presence and location of asbestos, PCB transformers, other toxic, hazardous or contaminated substances, and underground storage tanks in, on, or about the Property. The parties hereto agree to comply with all applicable federal, state and local laws, regulations, codes, ordinances and administrative orders having jurisdiction over the parties, property or the subject matter of this Agreement, including, but not limited to, the 1964 Civil Rights Act and all amendments thereto, the Foreign Investment In Real Property Tax Act, the Comprehensive Environmental Response Compensation and Liability Act, and The Americans With Disabilities Act. Each signatory to this letter represents and warrants that (s)he has full authority to sign this Letter on behalf of the party for whom (s)he signs and that this letter binds such party. Coastal Co ercial Gro , L~.C. gy: Date:- '~~ ~.- n rid . Kennemer Bro er -Principal Seller gy: Date: This letter acknowledges that Coastal Commercial Group, LLG. (the "Broker") has satisfied the registration requirements of City of Delrav Beach (the "Seller') and hereby registers Michael Horvitz and Mark Asofskv and/or Assigns (the "Prospect") as a Purchaser for the Old School Sguare Parking Garage First Floor Retail / Office Condos (the "Project"). The Seller therefore agrees to pay a commission to the Broker under the terms of this letter if the Purchase and Sale is consummated between Prospect and Seller for the Project listed. This Agreement is good for one hundred eighty (160) days and will be extended if Broker shows evidence satisfactory to Seller that (s)he is actively pursuing the signing of a Purchase and Sale Agreement between Seller and Prospect. In the event Seller fails to make payments within the time limits set forth herein, then from the date due until paid the delinquent amount shall bear interest at the maximum rate permitted in the State of Florida. If Broker is required to institute legal action against Seller relating to this Schedule or any agreement of which it is a part, Broker shall be entitled to reasonable attorneys' fees and costs. Additionally, Seller agrees not to directly contact said Prospect without Brokers prior written approval. Commission: Broker's commission shall be calculated at the rate of four percent (4%) of the gross sales price paid to Seller. All commissions shall be considered earned at the execution of a Purchase and Sale Agreement and shall be due and payable only upon closing of the Purchase and Sale of the Project. Disclosure: Seller agrees to disclose to Broker and to Prospect any and all information which Seller has regarding the condition of the property, including but not limited to, the presence and location of asbestos, PCB transformers, other toxic, hazardous or contaminated substances, and underground storage tanks in, on, or about the Property. The parties hereto agree to comply with all applicable federal, state and local laws, regulations, codes, ordinances and administrative orders having jurisdiction over the parties, property or the subject matter of this Agreement, including, but not limited to, the 1964 Civil Rights Act and all amendments thereto, the Foreign Investment In Real Property Tax Act, the Comprehensive Environmental Response Compensation and Liability Act, and The Americans With Disabilities Act. Each signatory to this letter represents and warrants that (s)he has full authority to sign this letter on behalf of the party for whom (s)he signs and that this fetter binds such party. Coastal mmercial Group, LLC. / ~ B ( ` ~~ Dater I d L. Kennemer Broker -Principal Seller By: Date: ;~IRa~QR 4OBM i LOBES • 40" decorative wood framed mirror • Brawn, Espressafinish * Beueled Mirror • L~imensions:~0'~~ti x 32"h x l.'~ 48BV 11 OBES . 48" t~anit}' with c4 bite ceramic undermaunc sink • Brawn Es}~resso finish ~~.rith ~,xanite eouz~ter top 8, hacksplrtsh Uecc~rati<<~e dear pulls t" comfort height ~~'~ , Dimersians: ~~"w x 3~"h x `? l'd ~; ~'~E ST~~+C~QI~- CC)LLECTIQN L1l `1L~ TdWE~ z~BTt l!oBEs . 22" F,inen "I~wer I~r«wn Espresso finish • 1;uil extension drawer • Pull out shelf • Ui.mensians: 2?„w x 56"h x 1 S'°d ~•1~ ~6` ~~TE~EL. ~oLL~~T~al~ VANtTY~ 40BV397MAH 1vt~R.~.~~ ~. 32BM397~1AH • 3Z" decorative ~~°c~oci •• fra~r~ed mirror . ~~ahogan}r fzni:sh e~eled ~'~~tirrc~r • P ~' T *~ • ]~1I21enStC)rtS: r ~~,>~ x ~E?"h ~ ~'d I, • ~0" 1:'anity with r~vhite undermount sink .1'lahogaJly finish ti+~ith blank granite tc~p 8: hackspla.sh • 34" comfort height . L}ecarative door pulls • Dimensipns: y"w x 3~"h ~ ?tYil ~~~~ MiEZROR 3bBh130~CHR • 3C~" dec{~}native ~~oad frar~Ted rr~irror • Cherry ti3~ish : Beveled ~lirrc~r L~irnensions: 36"« ~ ,~"h x .i5„d V~ ~9B~ _ _ 1' •.39' 1~'ar3it~ nrith extra-wide 1~-bite F;uro sink • C:herr}7 finis4~ withrful.l extension drainer . I)ecnrative dr~ar pulls • 3~" comfort height ~= • l~icnensions: 39.i5"~~ x 3~"h x 2t~.2:~'d f ` -, - -_. ~~~ THE TFZESANTI ADVANTAGES t~SA approved ~=itre«iis chiira ~in1.. Seared, polished chrarne tuwe! bars .. .y4" cotnfors height ;~ `'~ f ,~, Pre-assembled far yui ~:~ ~ ~ _ ~_sy i tsst~silati ~,rr . '} I f:u.a~ -~.ar~ ic)prf1<rt ~c3rrosi<)It tau' alit}- "`sett cl~ry4ir~~,. full extension glide> F' _, , Solid. lzard~~•<x~d snc,ldin Solid cti=oc>d door frame ~~•ith veneer paneis Quality `'fine furnit.ure•~ craftsmanship ~t~it'r intricate caved details tieaied traps & backsplashes are mater ~ stain resistar c C,.C)Li.~(_ F K7C~t x "Salt < k` ,iris" door hinges *Chtr natural stone taps need to Ire maintained. the Finest Furniture in the Fashion Bath Industry THE R.E~ENCY • ~~ocieI: 18PF338A1t~~H • Dirnerrsior7s: 28 "tt~ x 35 "h x 12'ii • Ar~tigr~e ~'liahogany firrislx • Decorative hanrrrrerec~' metal took appligxre • Fluted pilasters ~~~ith t~t~o step corbel capital ctncl r~ratclring tit~o step legs • L~istirtctive rr~axttel top titi=itl7 cefrter set back TH E SA.HA.~. 1~Ivcl~h i0PF373~~~ • Dirner3si€~~~ 25.E"rs~ ~~"la z 12.E"tl,~ .~ro~vrr espr-esso~r~ish ~- Fur~ctror~al rlras~.f~r- I?~corrxtive rushed nickel lrard~s~czr-e • ~'Glissiorr style ~rindo~~~ al~tt~ C~Ya1t~L~ i~~Sti t +~ Fully installed ele~trie frreptnc~ insert • Ships ccrrnpZetet~ assembled TT._ . -- _.: ~ .._ ~.....~~. ~.._. . _ . Llassic~iame is a divisiz>:~ ~~f "l~~~n-;tar Inter~latiana~, lnc, il~ S.E.. nth Avenue • 17elray Beach, Flaricia 3343 . 'I'el: ~Cs6-6b1-12I~3 • ~v~~~t.ciassicflame.com ClassicFlan~~ is a ~ivzs~c~~~~ c~f'f~=in-oar 1:it~~. ~aatic~nal> 1ne. 115 5.~. 4th Avenue • I3elray Beach, Flc~ric~a 33483 • '1:e1: 866-661-].21.8 • ~~~~~.classic{3arne.cc~ C C ~, ~~t f ~~..~ www:bocanews.com • Baca Raton/Delray Beach News -Friday-Saturday, October 5-6, 2007 13 PUBLIC HEARING j NOTICE OF MtTENT ' TO SELL REAL PFIOPERTY ''. NOTICE IS HEREBY GIVEN, tftat the ' City of Delray Beach, Fbrida, has de- termined to sell the following real vroPeM~ Condominium Units 5-9, excluding the western four units, located on the southwest corner of N.E. 2nd Avenue (Pineapple Grove Way) and N.E. 1st Street. The sale of this property has resulted in several alters, one of which is the sale of the property pursuant to a con- Iract between tfre City of Delray Beach (Seller) and Davinci Candle, LLC (Boyar) in the amount of $215.00 par square foot br each of the five units, as measured after the commercial condominium has finally been config- ured using interior walls without any addition for common areas or middle walls, which excludes by way of ex- ample any storage area, generator pads, etc. The estimated square loot- age is 10,440. This total is Two Million Two Hundretl and Foriy-Four Thou- I sand Siz Hundred Dollars I ($2,244,600.00( plus or minus other consideration and terms, as set forth in the Contract for Sale and Purchase which includes a set alt of $10.00 per square foot or a set off of the cost of the finished floor, whichever is less, and the payment of a brokers fee o! 4°6 of the gross sales price, among other terms. Further inlormation may be obtained from the City Clerk's of- fice. The City Commission of the Cily of Delray Beach, Florida shall hold a public hearing on the proposed sale at their regular City Commission meeting of October 16, 2007 at 7:00 p. m. in the City Commission Chambers, City Hall, 100 N.W. 1st Avenue, City of Delray Beach, Fonda. CITY OF DELRAY BEACH, FLORIDA Chevelle D. Nubin CMC City Clerk Publish: October 5 8 12, 2007 Boca Raton/Delray Beach News MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~,Q. THROUGH: CITY MANAGER~~ l DATE: OCTOBER 11, 2007 SUBJECT: AGENDA ITEM # ~ o • ~ - REGULAR MEETING -OCTOBER 16 2007 CONSIDERATION OF A PRIVATELY INITIATED AMENDMENT TO LDR SECTIONS 4.4.24(B)(12)(c) AND 4.4.24(F)(1)(a) TO ADD LOTS 16-18, LESS SOUTH 75 FEET THEREOF, BLOCK 69 TO THOSE PROPERTIES ZONED OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) WHICH ARE SUBJECT TO THE PERMITTED USES OF 4.4.13(B) AND DEVELOPMENT STANDARDS OF 4.3.4(J)(4), CENTRAL BUSINESS DISTRICT ZONING DISTRICT. EXCLUDING EXCEPTIONS TO HEIGHT LIMITATIONS PROVIDED IN 4.3.4(J)(4). ITEM BEFORE COMMISSION The item before the City Commission is a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses and (F) Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the uses and development standards of the CBD (Central Business District) zoning district. BACKGROUND The City Commission considered this item on first reading and voted to approve the proposal by a vote of 4-0. The City Commission also directed the applicant to meet with Staff before second reading to discuss possible alternatives. The applicant met with Staff and will seek relief to the current regulations of the OSSHAD zoning district with respect to setbacks and lot coverage rather than pursue the current LDR modification. Therefore, the applicant is requesting a postponement of a Second Reading for the proposed LDR Amendment until further notice. RECOMMENDATION By motion, postpone a second reading of Ordinance No. 31-07, to amend Land Development Regulations (LDRs) Sections 4.4.24(6)(12) and 4.4.24(F)(1)(a) to allow the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 until further notice. Attachments: ^ Ordinance No. 31-07 ^ Postponement Request Letter WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E=mail: mweiner@zonelaw.com MICHAEL 5. WEINER CAROLE J. ARONSON RECEwEC~ ~~~ ~ p 2407 CITY CLERK JASON S. MANKOFF KERRY D. SAFIER October 9, 2007 filly. Paul Doriing Director of Planning and Zoning City of Delray Beach 100 N.W. 1St Avenue Delray Beach, Florida 33444 ~E~E~~ED Ms. Chevelle Nubin, City Clerk • Delray Beach City Hall 100 N.W. 1St Avenue .Delray Beach, .Florida 33444 Susan Ruby, Esquire City Attorney's Office 200 NW 1St Avenue Delray Beach, Florida 33444 Re: Privately Initiated Amendment to LDR Sections 4.4.24(B)(12)(c) and 4.4.24(F)(1){a} to Add Lots 16-18, Less .South 75 Feet Thereof, Block 69 to those Properties Zoned OSSHAD (Old School Square Historic Arts District} which are subject to-the Permitted- Uses of 4.4.13{B) and Development Standards of 4.3.4(J)(4), Central Business District Zoning District, Excluding Exceptions to Height Limitations Provided in 4.3.4(J)(4) Our File No.: ZENJ006 Dear Paul, Susan and Chevelle: On behalf. our client, we are respectfiaily requesting a postponetrment ofi the above- captioned matter. Please do not.. place this matter on the City Commission agenda for a Second. Reading until further notice from us. Thanl~iou very much for your assistance in this matter. Very tr}.lky yo rs, .~ Y 1 ~',.. ~` ~ \ ;,t ,' Mic ~S'• ein r MSW:vf Cc: Mr. Jim Zengage (via. email) Mr. Francisco Perez (via email) Jason S. Mankoff, Esquire _ su..sa,r.- , coo ~a Hand Delivery ®~~ tolli,~o7 ~~~r~~l~~ ~ ~~ 0:1ZENJ0061Letter to Paul Dorling-Susan Ruby-City Clerk.October 9, 2007.doc ~~~, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER ~~,~- ~~'~fi C/~I DATE: SEPTEMBER 27, 2007 SUBJECT: AGENDA ITEM # ` O ~ ~ - REGULAR MEETING -OCTOBER 2 2007 CONSIDERATION OF A PRIVATELY INITIATED AMENDMENT TO LDR SECTIONS 4.4.24(B)(12)(c) AND 4.4.24(F1(1)(a) TO ADD LOTS 16-18 LESS SOUTH 75 FEET THEREOF. BLOCK 69 TO THOSE PROPERTIES ZONED OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) WHICH ARE SUBJECT TO THE PERMITTED USES OF 4.4 13(61 AND DEVELOPMENT STANDARDS OF 4.3.4(J)(41, CENTRAL BUSINESS DISTRICT ZONING DISTRICT, EXCLUDING EXCEPTIONS TO HEIGHT LIMITATIONS PROVIDED IN 4.3.4(J)(41. ITEM BEFORE COMMISSION The item before the City Commission is a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses and (F) Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the uses and development standards of the CBD (Central Business District) zoning district. BACKGROUND The subject LDR Amendment is privately-initiated to accommodate a new office building. The subject property is located on the west side of SE 1 S` Avenue, approximately seventy-five feet (75') north of SE 1S' Street, and contains a contributing structure within the Old School Square Historic District. The frame vernacular structure, which is still maintained as asingle-family residence, was constructed in 1938 and would be relocated to an unidentified location. The effect of the proposed amendment would be to add Lots 16, 17, and 18, less the South 75' of each, Block 69, to the list of properties that can be developed pursuant to the CBD uses and development standards. The proposed changes would increase the types of permitted uses that could be established in the OSSHAD zoning district allowing for a wider range of retail, service, and office uses, more dense multi-family residential, and greater and more intense development given more liberal setbacks and height (see Development Standards comparison chart in attached Planning and Zoning Board Memorandum Staff Report.}. The properties to the west of the subject property are contributing structures within the Old School Square Historic District, and will be affected by the proposed amendment. The properties to the north are located within the Old School Square Historic District and are subject to the CBD uses and design standards. The east-west alleyway just north of the subject City Commission Documentation, Meeting of October 2, 2007 Privately-Initiated Amendment to the LDRs RE: CBD Overlay within OSSHAD property serves as a physical boundary between properties currently subject to CBD regulations and the subject property. In the applicant's justification for the changes, they utilize the assumed impact of development outside of the designated historic district to justify the intensification (i.e., Worthing Place located across SE 1St Avenue). If development outside of the historic districts justifies changing regulations within the historic district, then the same rationale could be applied to Block 70, located just to the south of the subject property and within the Old School Square Historic District. Staff believes this sets forth an inappropriate precedent. The justification for the request centers on the desire to build an office building. However, Office is an allowed use in the OSSHAD zoning district and if site specific adjustments or relief are necessary or are desired for these lots, it would appear more appropriate to request relief from the OSSHAD zoning regulations rather than apply CBD regulations. The OSSHAD district is typified as a low intensity mixed use district that allows single family residential, professional offices, boutiques, etc., and is consistent with the current development request. Introduction of the more intense principal permitted uses of the CBD on the subject property, along with the associated more liberal development standards such as setbacks and height, is incompatible with the historic district. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of September 5, 2007. A recommendation to deny the amendment was made by a vote of 4-1. The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at its meeting of September 6, 2007. A recommendation to deny the amendment was made by a vote of 5-0. The Planning and Zoning Board considered the subject LDR Amendments at its meeting of September 17, 2007. A recommendation to deny the amendment was made by a vote of 6-0 (Perez stepped down from the item.). RECOMMENDATION By motion, deny on first reading Ordinance No. 31-07, to amend Land Development Regulations (LDRs) Sections 4.4.24(6)(12) and 4.4.24(F)(1)(a) to allow the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). Attachments: Ordinance No. 31-07 ^ Planning and Zoning Staff Report of September 17, 2007 2 ORDINANCE N0.31-07 AN ORDINANCE OF THE CITY CONIlVIIS.SION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HLSTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE PERIVIlTTID USFS OF THE CBD ZONING DISTRICT; ANIII~IDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE AN ADDITIONAL PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. i WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 17, 2007, and voted 6 to 0 to recommend that the changes be denied; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is not consistent with and does not further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is not consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: - 1 - ORD N0.31-07 (1) Single family detached dwellings. (2) Duplex structures. (3) Business, Professional, Medical and Governmental Offices. (4) Retail sales through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stores. (5) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6} Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and/or drive-through facilities or features. (8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (9) Bed and Breakfast Inns. (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 - 2 - ORD N0.31-07 (c) Lots 1- 7 and 19-24, and Lots 16 - 18, less the south 75 feet thereof Block 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 Section 3. That Section 4.4.24, "Old School Squaze Historic Arts District (OSSHAD)", Subsection 4.4.24(F), "Development Standards", of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) Development Standazds: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except for as modified below: (1) The following locations shall be subject to the development standards of the Commercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations provided in Section 4.3.4(J)(4): (a) Lots 1- 7 and 19-24, and_Lots 16 - 18, less the south 75 feet thereof, Block 69 (b) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (c) Lots 1- 6, Block 76 (2) The following locations shall be subject to the development standards of the West Atlantic Neighborhood (WAN) area of the CBD Zone District: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. (4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old School Squaze Cultural Arts Complex, the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. (5) The floor azea for the third floor shall be limited to 50% of the second floor azea and the building setbacks or planes of the facade aze offset and varied to provide - 3 - ORD N0.31-07 visual relief. (6) Notwithstanding the provisions of Section 4.4.24(F)(4), or elsewhere in this code, residential-type inn developments, shall be permitted to: (a) Connect adjacent on-site buildings using all-weather, covered walkways, that are constructed of not less than 70% vertical transparent glass or similar material. Said walkways shall be on the ground floor only, shall be located not closer than 15 feet from the front building face, and may be joined to elevators, lobbies, or accessory use facilities permitted herein: Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That 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 its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 2007. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - ORD NO.31-07 .PLANNING AND ZONING BOARD MEMORANDUM STAFF'REPORT MEETING DATE: SEPTEMBER 17, 2007 AGENDA ITEM: IV. D AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LDR SECTIONS 4.4.24(B)(12)(c} AND 4.4.24(F)(1}(a) TO ADD LOTS 16-18, LESS SOUTH 75 FEET THEREOF, BLOCK 69 TO THOSE PROPERTIES ZONED OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) WHICH ARE SUBJECT TO THE PERMITTED USES OF 4.4.13(6) AND DEVELOPMENT STANDARDS OF 4.3.4(J)(4), CENTRAL BUSINESS DISTRICT ZONING DISTRICT, EXCLUDING EXCEPTIONS TO HEIGHT LIMITATIONS PROVIDED IN 4.3.4(J)(4). ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses and (F) Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the development standards and uses of the CBD (Central Business District) zoning district, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. __ _ BACKGROUND/LDR AMENpMENT'DESCRIPTION The subject LDR Amendment has been privately-initiated to accommodate a new office building. The subject property is located on the west side of SE 1S' Avenue, approximately seventy-five feet (75') north of SE 1ST Street, and contains a contributing structure within the Old School Square Historic District. The frame vernacular structure, which is still maintained as a single-family residence, was constructed in 1938 and would be relocated to an unidentified location. Should the relocation consist of a location outside of any of the city's five (5) historic districts, the Historic Preservation Board should consider a requirement that the structure be individually designated to ensure its protection. This issue will be further discussed and analyzed during the site plan approval process. In 1990, with the citywide rezonings, the OSSHAD (Old School Square Historic Arts District) zoning district was created and applied to properties located within the historic district including all of Block 69. All lots within Block 69 were rezoned from GC (General Commercial) to OSSHAD. There are other lots in the immediate vicinity located within the OSSHAD zoning district that may be developed in accordance with the permitted uses and development standards of the CBD. Those lots, which are identified in Exhibit B, are located immediately to the north and across the east/west alley from the subject property and include a surface parking lot, the City parking garage, and a recently constructed mixed-use building. Those three lots were included in one text amendment adopted on January 4, 2000 (Ordinance 47-99) which provided for the expansion of the CBD overlay district (uses and development standards), for the primary purpose of constructing the Block 69 parking garage. Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(8)(12), 4.4.24(F)(1)(a) Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. The proposed amendment is aprivately-initiated text amendment to the Land Development Regulations. The effect of the proposed amendment would be to add Lots 16, 17, and 18, less the South 75' of each, Block 69, to the list of properties that can be developed pursuant to the noted CBD standards and regulations. The CBD development standards would permit a maximum height of forty-eight feet (48'), versus athirty-five foot (35') maximum height permitted within OSSHAD. In the OSSHAD zoning district, the required setbacks are twenty-five feet (25') for the front, seven feet, six inches (7'6") for the side interior, and ten feet (10') for the rear whereas the CBD setbacks are as follows: Front setback may vary from five feet to ten feet (5'-10') for 70%-90% of the front elevation depending upon the proposed use on the ground floor and at least fifteen feet (15') for 10%-30% of the front elevation. These setbacks are required up to a height of thirty-seven feet (37'). The remainder of the building could contain up to 70% with a fifteen foot (15') setback, with up to thirty percent (30%) containing a setback of five feet to ten feet (5'-10'); Side setbacks may be zero (0) if there is vehicular access to the rear. Otherwise, one side must be setback at least ten. feet (10'); Rear setbacks are ten feet (10') up to thirty-seven feet (37') in height while the elevation over thirty-seven feet (37') must be setback twenty-two feet (22') as the subject property abuts a zoning district with a maximum height requirement of thirty-five feet (35'). The proposed changes would also increase the types of permitted and permitted conditional uses that could be established in the OSSHAD zoning district to allow for a wider range of retail, service, and office uses, as well as more dense multi-family residential. A chart containing the above noted information has been provided on pages five and six of this report. ~`''' ~' LDR TEXT AMENDMENT ANALYSIS REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, 2 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(B)(12), 4.4.24(F){1)(a) topographic, and ofher applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policv A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.9 of the Land Development Regulations (see below) relating to historic sites and districts and the "Delray Beach Design Guidelines" Pursuant to LDR Section 4.5.1(A), Historic Preservation Sites and Districts: In recognition of findings as set forth in the original enactment of Ordinance 93-87, passed March 90, 9987, this Section is created in order to provide for the idenfification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, sfate, and national hisfory; that provide significant examples of architectural sfy/es of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or That provide this and future generafions with examples of the physical surroundings in which past generafions lived; and ofher purposes. Future Land Use Policv A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. Objective A-1 noted above requires that development be complimentary to adjacent land uses. The proposed amendment would allow for the subject property to be developed in a manner complimentary to both those properties located across SE 1St Avenue, outside of the historic district and zoned CBD, or those located in the historic district but recently developed under the CBD Overlay. The amendment would not provide for complimentary development with the historic properties within the subject historic district and would allow for the incursion of more intense development with reduced setback requirements and the potential for greater height. The OSSHAD zoning regulations were established as a mixed use district with less intensity with respect to uses, density, and scale and massing than those allowed in the CBD. The adjacent properties to the west and south are also zoned OSSHAD and consist of either contributing single-family residences or non-contributing mixed-use development (contributing per 2005 Old School Square Historic District resurvey). The proposal is not consistent with Objective A-4 which requires that the amendment provide for the preservation of historic resources through the redevelopment of land and buildings. Further, Policy A-4.1 requires that the Historic Preservation Board make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations. The provisions of the Section are to provide for the preservation of districts, buildings, and structures. The proposed amendment not only does not provide for the preservation of the subject structure, the potential intensification of future development does not encourage preservation of the historic structures located immediately to the west of and abutting the subject property. Therefore, positive findings cannot be made as the proposed LDR text amendment is not consistent with and do not further the Goals Objectives and Policies of the Comprehensive Plan Future Land Use Element 3 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F}(1)(a) HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housing Element Objective A-10 The City shall support the conservation and rehabilifation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policv A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policv A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure That modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. if it is determined That a proposed development will result in a degradation of any neighborhood, the project shall be modihed accordingly or denied. Housing Element Policv A-12.4: The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consisfent with existing structures within a dehned neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. The increase of density within this historically designated area will increase the traffic volumes and with this particular amendment proposal could negatively modify circulation patterns. Further, it will allow development inconsistent with the desired development pattern of the OSSHAD district. This desired development pattern is explained in the "Purpose and Intent" section of the LDRs and calls for encouraging the restoration or preservation of historic structures and, maintaining and enhancing the historic and pedestrian scale of the area. Uses and development densities that are currently allowed in the OSSHAD promote the preservation and adaptive reuse of all structures within the District. Increase in the intensity of use of the property available under the CBD will have an adverse impact on the stability of this historic area and allow development inconsistent with the scale of the remainder of the historic district. Additionally, the proposed amendment has the potential to negatively affect the historic neighborhood environment of the Old School Square Historic District by impacting the safety, habitability, and stability of the residential area. The properties to the west continue to be single- family residences (although vacant), as are the majority of the properties along the west side of 4 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(B)(12), 4.4.24(F)(1)(a) SE 1St Avenue, within Block 70, located to the south. Therefore, positive findings cannot be made as the proposed LDR text amendment is not consistent with and do not further the Goals. Objectives and Policies of the Comprehensive Plan Housing Element. ANALYSIS As previously noted, the property is currently regulated by the OSSHAD which is a mixed use zoning district intended to: 1. Provide for mixed uses of residential, office, and commercial activities, with an emphasis on the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the area; 2. Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach' ; 3. Improve the environmental quality and overall livability of this Historic District and stabilize and improve property value therein, and; 4. Allow uses which promote preservation and adaptive reuse of all structures within the District. The CBD was "established in order to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area. The regulations within the Central Core, within which the subject property lies, are "intended to result in development that preserves the downtown's historic moderate scale, while promoting a balanced mix of uses that will help the area evolve into a traditional, self-sufficient downtown. Further, "residential development is permitted at higher densities in this area than any other part of the city, in order to foster compact, pedestrian oriented growth that will support downtown businesses." There are clear differences between the purposes and intents of the OSSHAD and CBD zoning districts. Overall, the CBD does not note the preservation of historic structures. CBD strives to protect historic aspects of the downtown, such as the scale, which is low-scale, particularly when looking to the surrounding municipalities and their larger height maximums. However, when compared with the historic districts, the CBD scale is not compatible in that it is taller and permits more scale and massing. Therefore, the OSSHAD intent is more appropriate as are its development requirements with the intentions to maintain the historic development pattern of the original Town of Delray neighborhood. As previously noted, the proposed amendment will allow the incursion of a more intense development having reduced setback requirements and a potential for greater height into an historic district having zoning regulations that established a mixed use district with a less intensity of uses, density, and scale and massing. The chart below gives a comparison of the development standards applicable to the proposed amendment and conditions of the subject property: OSSHAD CBD -Central Core Difference Hei ht* 35' 48' +13' Lot Covers a 40% --- Cannot determine difference O en S ace 25% 10% -15% Lot Size 8,000 s uare feet 0 --- Lot Width g0~ 0 ___ Lot De th 100' 0 --- 5 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(8)(12), 4.4.24(F)(1)(a) OSSHAD CBD -Central Core Difference Lot Fronta a 80' 0 --- Setbacks** 1 ~` & 2"d Stories Up to 25' 5'-10', depending on ' ' Front 25' ground floor use; 70%-90%=15 -20 70%-90% = 5'-10' max.; 0= 10%-30% = 15' min. 10%-30 % 10' closer; Side-Interior 7'6" 0' 7'6" closer 5'-10', depending on 70%-90%=5'-10' Side-Street 15' ground floor use; closer; 70%-90% = 5'-10' max. 10%-30%=No 10%-30% = 15' min. difference Rear 10' 10' No Difference and Story-Over 25'-48' Front The floor area for the At least 70% = 15' min.; third floor shall be Up to 30% - 5'-10' min . limited to 50% of the ' Cannot determine Side-Interior second floor area and 0 or 10 (depending on vehicular difference. the building setbacks access to rear of ro ert or planes of the facade Side-Street are offset and varied to See Front (above) Rear provide visual relief. 10' 4`h Storv -Over 3T Front At least 70% = 15' min.; Up to 30% = 5'-10' min. 0' or 10' Side-Interior (OSSHAD height limit (depending on vehicular OSSHAD height limit is 35') access to rear of ro ert is 5 Side-Street See Front (above) Rear 22'*'`* r~oaaionai neignt exceptions wows not apply ** See LDR Section 4.4.13 "*" Pursuant to LDR Section 4.6.4(A)(1)(a)(ii}. Otherwise, rear setback is 10'. See Appendix A for a comparison of the permitted uses within both the OSSHAD and CBD zoning district. The following statement was submitted in justification of the subject amendment: "The applicant is seeking to build an office building, which is much more in the character of the surrounding area. The development pattern surrounding this property is more typical to the CBD development regulations than the OSSHAD zoning regulations. To the north of the property is the Bob Federspiel Parking Garage which is subject to the CBD development regulations, as are all the lots to the north of the garage, to Lot 24. To the east of the property is the proposed Worthing Place project, which is located in the CBD zoning district. " As stated in the narrative, the applicant notes that the development of an office building is desired, which is in character with the surrounding area. The surrounding area includes the CBD zoning district (located both within, as an overlay, and outside of the Old School Square 6 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(8)(12), 4.4.24(F)(1)(a) Historic District) and the Old School Square Historic District (properties zoned OSSHAD). The properties to the west of the property are contributing structures within the subject historic district, and will be the most affected by the proposed amendment. This is of concern as those properties that have not yet benefited from redevelopment could be further hindered as there would be less incentive for the rehabilitation and adaptive reuse of those properties. The properties to the north are located within the Old School Square Historic District and subject to the CBD uses and design standards. However, the east-west alleyway serves as a physical boundary between those properties and the subject property. Further, it appears that development outside of the designated historic district is being used to justify inappropriate regulations within the historic district such as the Worthing Place development located across SE 1S` Avenue. If development outside of the historic districts justifies changing regulations within the historic district, then the same rationale could be applied to Block 70, located just to the south of the subject property and within the Old School Square Historic District. }~"~'~`'~_ ~`` '~ ~``~` ~``A'SSESSMENT~~AND~CONCLUSION The desire is "to build an office building, which is more in character of the surrounding area." It is noteworthy that a historic structure is located on the property, and that the subject property is located within a designated historic district. The justification centers around the desire to build an office building. However, office is a use allowed in the OSSHAD zoning district. While the development pattern surrounding this property is of CBD, the lots to the east (across SE 15` Avenue) are not in a designated historic district. While the lots to the north are located in a designated historic district, they contain a physical boundary (alleyway) between the adjacent properties within the Old School Square Historic District. It should be noted that it was made clear during the review for the amendment to the north that providing CBD overlay of permitted uses and development standards for those properties would not be precedent setting. The justification statement for the subject request illustrates the opposite. The OSSHAD district is typified as a low intensity mixed use district that allows single family residential, professional offices, boutiques, etc. The intensity allowed as principal uses as well as the more liberal development standards in the CBD zoning district, such as setbacks and height, for the subject property is incompatible with the historic district. Consequently, a positive finding cannot be made with respect to LDR Section 2.4.5(M)(5). The Comprehensive Plan calls for the preservation of historic resources, which is not achieved by the proposed amendment. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. - - - - -. ~~ REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of September 5, 2007. A recommendation to deny the amendment was made by a vote of 4-1. The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at its meeting of September 6, 2007. A recommendation to deny the amendment was made by a vote of 5-0. Public Notice Since the proposed LDR text amendment is site specific, a public notice has been provided to property owners within a 500' radius of the subject property. 7 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1){a) Letters of objection and support, if any, will be presented at the meeting. ~~~~~` ~~ ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulation Section 4.4.24(6)(12) and 4.4.24(F)(1)(a), Ordinance 31-07, allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulation Section 4.4.24(6)(12) and 4.4.24(F)(1)(a), Ordinance 31-07, allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). RECOMMENDED ACTION Recommend denial to the City Commission of the amendment to Land Development Regulation Section 4.4.24(6)(12) and 4.4.24(F}(1)(a), Ordinance 31-07, allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). Attachments: ^ Appendix A -Chart of Permitted Uses within OSSHAD and CBD ^ Exhibit °A" [Proposed Amendment] ^ Exhibit "B" [Context Map] ^ Location Map ^ Justification Statement 8 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1)(a) _'APPENDIX A OSSHAD CBD -Central Core Permitted Uses Single family and duplex dwellings X ___ Business, Professional, Medical and X Governmental Offices X (Except Government Offices) Retail sales through specialty shops (single purpose businesses) X ~ X Restaurants of a sit down nature X X Arts related businesses X X Educational and/or Instructional activities (including training, vocational, or craft schools, the X X arts, personal development, and libraries, museums, and social and philanthropic institutions) Libraries and museums X X Personal services (barbershops, beauty shops, salons, cosmetologists) X X Catering services X {not associated with a restaurant) X Bed and breakfast inns X X Group Home, Type 1 X General retail ___ X Business and professional office X X Services and facilities (See 4.4.13(6)(3)) ___ X Multi-family ___ (As a conditional use in a X mixed-use structure Hotels, motels, bed and breakfast inns, and X residential-type inns (Bed ~ Breakfast Inn Only) X Permitted Conditional Uses Multi-family dwellings in a mixed-use structure --- X (Allowed as combination of ermitted uses Outdoor dining X X Adult Congregate Living Facilities, Residential Licensed Service Provider Facilities, Child Care, Adult Day Care, Continuing Care, Convalescent X X Homes, and Nursing Homes Parking lots not associated with a use (i.e. public parking) X --- Residential-type inns ___ X Asa ermitted use Group Home X X Group Home, Type 2, and Community Residential Homes --- X OSSHAD CBD -Central Core 9 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(8)(12), 4.4.24(F)(1)(a) Permitted Conditional Uses Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and '-' X north of S.E. 2nd Street Wash establishment, with automatic/mechanical systems only, for vehicles --- X Flea markets, bazaars, merchandise marts, and similar retail uses --- X Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes '"' X Movie theaters ___ X Veterinary clinics ___ X Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf ___ X courses, skating rinks Gasoline stations or the dispensing of gasoline directly into vehicles --- X Funeral homes including accessory uses ___ X Financial institutions ___ X Child care and adult day care ___ X Amusement game facilities ___ X Residential licensed service provider X Adult congregate living facilities X 10 'cvvt~t•n n ++t iiiiLi • iJ Y n< Y N -~~ sr. < ~ d _ Q HALL w° I~sr~t~~ t~ ~;;~ ~ ~<~ . . ~sT sr. ,~SV~ i 2t rL~}-"r ~'~. r ` ' y r 4 ; ~ i K CO ~ ~ ~7 L ` `'" ~ MMUNITY „~3 ;~ 3 c r ~~', it ~ ~~ `~" ~ ~ CENTER CF ~ ,T r,, ~ r` z ~ ~ ., S ~'t ~ t ~ ~ t<~r~t ~ ~t -, ^~ TENNIS t ° , .;OL!] ~ STADIUM ~;~' ~ ,`SLI~OCL ~ , ,~ ~sSQ( lAf2C " w . x ~ r ° _ ~ A T L A N T I C A ~ V `~ N ~~ U y `' ~ POLICE SOUTH ~' ~ ~ ~ ~ ~~ ~ ~ :~ ~' " ~' '~ ~ ~ ~y}' M1XED-USE (NEW DEV ) ~- COMPLEX COUNTY ~ . COURT ; ~ ' , ~ •" ; o •>; x~ " ''~ ~AITA NEW DEV HOUSE - ( .) ' ' ~, i , • ~ w {y l ' '> • ~ y PARKING LO ~' I s (NEW DEV.) _ ~ . •. ~ ~ ~ f I i+i~ ~ i~ • Are ^ i. _ -_ S. 1ST ._ ~t ~ .~ q S >= 1 ST ST. ~ ~ • ~,~ :y ~ ~~ r , ~7 SUBJECT -, ` _ - ~ • . :.~ .. , . f•: ~ PROPER TY .. _ ;. oc • w o, -_ Q ~~ `7 . o ~ - - o < ' - - _-- ' - ~ _ _ ~ ___ N ~ ~ L ~~ Z ~ ~ ~ N H r~ `~ ,. ~. M ui F ~ . ~~ ~: O - w ' ,~ ~r . ~~ , ,. S. W. 2ND ST. S.E. ST Q. 3 a v i Z N w V) 4i vi t~.i rri N PROPOSED LDR AMENDMENT CBD OVERLAY ~- IN OSSHAD ON LOTS 16, 17, 18 (LESS S. 75') BLOCK 69 CITY OF DEtRAY BEACH, R PUNNING At ZONING DEPARTMENT LOCATION MAP 1-STORY 2-STORY SUNOY HOUSE EXPANSION PROPERTIES CBD ZONING OVERLAY OLO SCHOOL SQUARE CONTRIBUTING NON-CONTRIBUTING CONTRIBUTING NON-CONTRIBUTING DISTRICT BOUNDARIES ~ Q ~ ~ 0 -- O1C/TAL BASE MAP SYSTEM -- MAP RER S:\Planning & Zoning\08M5\PROJECTS\HIST DISTRICTS\Proposed LOR Amendment N OSSHAD LOTS SUBJECT TO C.B.D. REGULATIONS ~~- ^ ^ ^ ^ ^ ^ ^ ^ OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) pn OF DELRAr BEACfL n (~ PIANNWG A[ ZONING pEPARTYENi ®-E%ISTR+(-.LOTS ®-PROPOSED LOTS pl~ ~-BLOCK NtMBER 3 -LOT MIMBER -- QY~17A[ B.~SE ~[AP SYSIEM -- MAP REF: LMAt22 JUSTIFICATION STATEMENT SUBMITTED BY APPLICANT "Justification" This text amendment is to allow the permitted uses and development standards .in the CBD to apply to the following property located within OSSHAD: Lots 16, 17 and 18, ~~ she South 75 feet thereof, SUBDIVISION OF BLOCK 69, DELRAY~ EACH, accordin to the Eat thereof as recorded in g P Plat Book 2, Page(s) 43, o~ublic Records of Paim Beach County, Florida The applicant is seeking to build an office building, which is much more in the character of the surrounding area.. The development pattern surrounding this property is more typical to the CBD development regulations than the OSSHAD zoning regulations. To the north of the property is the Bob Federspiel Parking Garage which is subject to the CBD development regulations, as are all the lots to the north of the garage; to Lot 24. To the east of the property is the proposed Worthing Place project, which is located in the CBD zoning district. -. Moreover, there are several sections of the. Comprehensive Plan that support the proposed text amendment including but not limited to the following: Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so That the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. Housing Objective A-72 - To assist residents of the City in mainfaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead fo its decline. Any increase in the intensity associated with this property will be negligible. Pursuant to LDR Section 2.4.5(M)(5), the text amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE SUBJECT: AGENDA ITEM # ~ ~• ~-REGULAR MEETING OF OCTOBER 16, 2007 ORDINANCE N0.48-07 DATE: OCTOBER 10, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend Chapter 37, "Delray Beach Code Enforcement," of the Code of Ordinances by amending Section 37.45, "Supplemental Code Enforcement Procedures", Subsection 37.45(L), "Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure", to provide for the placement of liens due to unpaid citations. BACKGROUND At the first reading on October 2, 2007, the Commission passed Ordinance No. 48-07 FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 48-07 on second and. final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 48-07 Ind Reading Delray Bexh Code Enforcement 10.16.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY C~~r THROUGH: CITY ATTORNEY DATE: SEPTEMBER 25, 2007 SUBJECT: AGENDA ITEM # ~ ~ . A-REGULAR MEETING OF OCTOBER 2, 2007 ORDINANCE 48-07/PLACEMENT OF LIENS DUE TO UNPAID CITATIONS ITEM BEFORE COMMISSION The item before the Commission is Ordinance 48-07 which amends Section 37.45 of the City Code regarding the placement of liens due to unpaid citations. BACKGROUND The Code Enforcement Division issues citations for certain violations of the City's Code of Ordinances. Currently, if a citation is not appealed or paid a judgment from a court would be required in order to place a lien on the property. This Ordinance provides that if the citation is not appealed or paid, the City's hearing officer may issue an order imposing the fine and costs against the real or personal property of the violator. Such order would then be recorded in the public records and become a lien against the real or personal property of the violator. RECOMMENDATION Staff recommends approval of Ordinance 48-07. ORDINANCE N0.48-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT" OF THE CODE OF ORDINANCES BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION 37.45(L), "RECOVERY OF UNPAID CIVIL PENALTIES; UNPAID PENALTY TO CONSTITUTE A LIEN; FORECLOSURE", TO PROVIDE FOR THE PLACEMENT OF LIENS DUE TO UNPAID CITATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has adopted a method of citing people for code violations by the issuance of citations; and WHEREAS, in cases where the citation is not paid or not appealed the City wishes to place a lien against the real or personal property of the violator: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 37, "Delray Beach Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures" is amended by amending Subsection 37.45(L), "Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure", to read as follows: (L) Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure. (1) The City may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties. (2) A certified copy of an order imposing a civil penalty shall be recorded in the public records and thereafter shall constitute a lien against the property on which the violation exists and upon any other real or personal property owned by the violator; upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this Article shall continue to accrue until the violator complies or until judgment is rendered in a suit to foreclose a lien filed pursuant to this Chapter, whichever occurs first. After three (3) months from the date of filing of any such lien which remains unpaid, the City may foreclose or otherwise execute the lien. (3) No lien provided under this Article shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on a lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party may recover interest and all costs, including a reasonable attorney's fee, incurred in the foreclosure. The continuation of the lien affected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (4) If the hearing officer finds that a violation exists and assesses the fine, or if a violator does not contest a citation as provided in this chapter, and the violator fails to pay the a~nlicable fine, the hearing officer may enter an order imposing the fines and administrative costs previouslYset. A certified copy of an order imQosing a civil penalty maybe recorded in the public records and thereafter shall constitute a lien against the real and personal property of the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but such order shall not be deemed to be a court judQanent except for enforcementpurgoses. Acivil penalty imposed pursuant to this Chapter shall continue to accrue until the violator complies or until judgment is rendered in a suit to foreclose a lien filed pursuant to this Chapter, whichever occurs first. After three L) months from the date of filing of any such lien which remains unpaid, the City may foreclose or otherwise execute the lien. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. ATTEST: City Clerk First Reading MAYOR Second Reading MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (~~ SUBJECT: AGENDA ITEM # ~ ~ - -REGULAR MEETING OF OCTOBER 16, 2007 ORDINANCE N0.47-07 DATE: OCTOBER 10, 2007 ITEM BEFORE COMMISSION. This ordinance is before Commission for second reading to adopt a City initiated amendment to the Land Development Regulations (LDR), amending Section 1.4.1, "Interpretation of Land Development Regulations", Article 2.2, "General Provisions", Sections 2.2.1, 2.2.4, 2.4.3, 7.1.3, 7.8.9, 7.8.12, 7.8.14, 7.8.15, 7.8.16, 7.8.17, 7.8.18, 7.8.19, 7.8.20, 7.8.21, and 7.8.22 and repealing Section 2.25 and 7.8.13 to substitute "Board of Adjustment" for "Board of Construction Appeals". BACKGROUND At the first reading on October 2, 2007, the Commission passed Ordinance No. 47-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 47-07 on second and final reading. S:\City Deck\AGENDA COVER MEMOS\Ofdinance Agenda Memos\Ord d7-07 ~d Reading t0.16.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~ . THROUGH: CITY MANAGER ~~.~~ts-~~('~ DATE: SEPTEMBER 26, 2007 SUBJECT: AGENDA ITEM # ~ ~ •~ REGULAR MEETING OF OCTOBER 2, 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 1.4.1, ARTICLE 2.2 SECTION 2.2.1 2.2.4 2.4.3 7.1.3 7.8.9 7.8.12 7.8.14 7.8.15 7.8.16 7.8.17 7.8.18 7.8.19 7.8.20 7.8.21 AND 7.8.22 AND REPEALING SECTION 2.2.5 AND 7.8.13 TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF CONSTRUCTION APPEALS". ITEM BEFORE COMMISSION The item before the Commission is approval of aCity-initiated amendment to the Land Development Regulations (LDR) Section 2.2.4 and 2.2.5 to amend LDR Section 2.2.4 pertaining to the "Board of Adjustment" and repealing the LDR Section 2.2.5 relating to the "Board of Construction Appeals" combining both sections and creating a new combined Board. Additional changes are to be made to other sections and articles referenced above to remove references to "Board of Construction Appeals". BACKGROUND At the May 8, 2007 City Commission workshop meeting, the City Commission directed staff to review the validity of our current advisory Boards; and to determine whether Commission liaisons needed to be assigned and how liaisons would work with the Boards. A review has been conducted and one recommendation to come from that review is that the "Board of Construction .Appeals" and the "Board of Adjustment" be combined. Filling the specialized positions required by the two separate Boards has proven difficult. This ordinance has been prepared to create a new combined Board. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on September 17, 2007. No one from the public spoke on the issue. The Board recommended approval on a 7 to 0 vote by adopting the findings of fact and law contained in the Staff Report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 47-07 for aCity-initiated amendment to the Land Development Regulations (LDRs), amending LDR Section 1.4.1, Article 2.2, Sections 2.2.1, 2.2.4, 2.4.3, 7.1.3, 7.8.9, 7.8.12, 7.8.14, 7.8.15, 7.8.16, 7.8.1 7, 7.8.18, 7.8.1 9, 7.8.20, 7.8.21 and 7.8.22 and repealing Sections 2.2.5 and 7.8.13 to substitute "Board of Adjustment" for "Board of Construction Appeals" by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: ^ Proposed Ordinance No. 47-07 • Planning and Zoning Report, September 17, 2007 ORDINANCE NO.47-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 1.4.1, "INTERPRETATION OF LAND DEVELOPMENT REGULATIONS", SUBSECTION (A), "BUILDING REGULATIONS"; AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS"; AMENDING SECTION 2.2.1, SUBSECTION (A), "QUALIFICATIONS"; AMENDING SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", AND REPEALING SECTION 2.2.5, "THE BOARD OF CONSTRUCTION APPEALS", IN ORDER TO COMBINE BOTH SECTIONS INTO A NEW SECTION 2.2.4, "THE BOARD OF ADJUSTMENT"; AMENDING SECTIONS 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (I~(1), "DEVELOPMENT APPLICATIONS", IN ORDER TO REMOVE REFERENCE TO BOARD OF CONSTRUCTION APPEALS; AMENDING SECTION 7.1.3, "BUILDING CODE", SUBSECTION (A), SECTION 7.8.9, "INVESTIGATION; NOTICE", SUBSECTION (A)(5), SECTION 7.8.12, "STANDARDS FOR DETERMINING ACTION TO BE TAKEN BY BUILDING OFFICIAL", AND REPEALING SECTION 7.8.13, "PROCEDURAL MATTERS, BOARD OF CONSTRUCTION APPEALS", AMENDING SECTION 7.8.14, "APPEALS, GENERALLY; BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.15, "DECISIONS, GENERALLY", SECTION 7.8.16, "APPEALS, AUTHORIZED FORM", SECTION 7.8.17, "HEARING, FAILURE TO APPEAR AT HEARING, BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.18, "RULES OF PROCEDURE FOR HEARING APPEALS, BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.19, "STAYING OF NOTICE UNDER APPEAL TO BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.20, "FAILURE TO COMPLY WITH FINAL ORDER OR DECISION", SECTION 7.8.21, "RECOVER OF COST OF DEMOLITION; LIENS", AND SECTION 7.8.22, "VIOLATIONS; PROVIDING FOR INDEPENDENT JUDICIAL PROCEEDING", IN ORDER TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF CONSTRUCTION APPEALS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 17, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to combine the Board of Adjustment and the Board of Construction Appeals into one board called the Board of Adjustment in order to provide for a more efficient, more effective board; and WHEREAS, the City Charter requires a Board of Adjustment be established; and .WHEREAS, the City desires to abolish and disband the Board of Construction Appeals and add its duties to the Board of Adjustment; and WHEREAS, the City desires to disband the current Board of Adjustment and create a new Board of Adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 1.4.1, "Interpretation of Land Development Regulations", Subsection (A), "Building Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: Section 1.4.1 Interpretation of Land Development Regulations (A) Building Regulations: All questions of interpretation of Chapter Seven, Building Regulations, shall first be presented to the Chief Building Official. Such questions shall be presented to the Board of Adjustment only upon an appeal from the decision of the Chief Building Official. Section 2. That Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2.2.5, "The Board of Construction Appeals" of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby repealed in its entirety. ARTICLE 2.2 ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS This Article establishes the Boards which are primarily responsible for the implementation and application of these Land Development Regulations. General provisions which govern each Board along with specific provisions for individual Boards and establishment of powers, duties, and responsibilities are set forth herein. 2 ORD. NO. 47-07 Section 2.2.1 General Provisions (A) Qualifications (B) Compensation and Reimbursements (C) Evening Business Meetings (D) Appointment and Term, Officers (E) Meetings (F) Removal of Members, Vacancies (G) Assignment of Administrative and Legal Support Services Section 2.2.2 The Planning and Zoning Board Section 2.2.3 The Site Plan Review and Appearance Board Section 2.2.4 The Board of Adjustment Section 2.2.6 The Historic Preservation Board ection 3. That Section 2.2.1, "General Provisions", Subsection (A), "Qualifications", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (A) Qualifications: A member shall either be a resident of, or own property in the City, and/or own a business within the City . Additional qualifications may be established for individual boards. Section 4. That Section 2.2.4, "The Board of Adjustment", of the Land Development Regulations of the City of Dekay Beach, Florida, shall be amended to read as follows: Section 2.2.4 The Board of Adjustment: (A) Creation: A Board of Adjustment for the City of Delray Beach is hereby created under the authority of the City Charter Section 3.08. (B) Composition: The Board of Adjustment shall consist of five regular members. In addition, there shall be two (2) alternate members. In the absence of a regular member, an alternative member shall be called to sit, and act in lieu of the regular member, by the Chairperson of the Board. 3 ORD. NO. 47-07 (C) Meetings and Quorum: (1) The Board of Adjustment shall hold two regularly scheduled business meeting each month. However, the required regular meetings shall be canceled if there are no petitions before the Board. (2) A quonun of the Board consists of four (4) members. The concurring vote of four (4) members shall be necessary to decide in favor of an applicant with respect to reversing a decision of the Chief Building Official or the granting of a variance. (3) The Chairperson may administer oaths and compel the attendance of witnesses. (D) Duties, Powers and Responsibilities: (1) The Board hereby has the authority to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Chief Building Official, with the exception of interpretations of use matters and other items specifically preempted or granted to others pursuant to these Land Development Regulations. (2) The Board, so long as its actions are in conformity with the terms of these Land Development Regulations may reverse or affirm, wholly or partly, or may modify the order, requirement, or decision, or determination appealed from and may make such order, requirements, decision, or determination as ought to be made, and to that end shall have powers of the chief Building Official from whom the appeal is taken. (3) The Board has the authorit~to take action on duly filed appeals with respect to the action of the Chief Building Official concerning interpretation, administration. or enforcement of the following: a1 Building Code. Article 7.1, exceut Sections 7.1.5 throueh 7.1.7 (b) Electrical Code, Article ?.2 jr,) Gas Code, Article 7.3 (~ Housing code. Article 7.4 (el Mechanical Code. Article 7.5 (f) Plumbing code, Article 7.6 (g) Elimination or Repair of Unsafe Buildings. Article 7.8 (h) Moving of Building, Article 7.10 4 ORD. NO. 47-07 {~ j~ The Board hereby has the authority to grant variances and hear appeals from the provisions of (a) The General Development Standards set forth in Section 4.3. (b) Regulations found in the Flood Damage Control Overlay District, Section 4.5.3. (c) The supplemental district regulations (Article 4.6) except where said authority is expressly prohibited or granted to others. (d) Fire Prevention Codes, Chapter 96 of the City Code, per Section 96.06. (e) "District Regulations and Incentives" in Section I of the Beach Property Owners Design Manual for North Beach & Seagate Neighborhoods as set forth in Section 4.5.13. ~~ The Board has the authority to grant variances to the Noise Code pursuant to City Code Section 99.30. (6) The Board shall be prohibited from considering. ~ j~ Use variances, ~ ~ architectural elevations, ~ ~, landscaping plans, ~ ~ Variances for signs and signage, ~~ Any variance action within a designated Historic Preservation District or upon a Historic Site, and ~ ~ Variances to height regulations. ~§} j7 , To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. {F~} ,(~ All decisions of the Board of Adjustment are final. Any person or persons, or any Board, Taxpayer, Department, Board, or Bureau of the City may aggrieve any decision of the Board of Adjustment and may seek review of such decision in the Circuit Court of Palm Beach County. 5 ORD. N0.47-07 Section 5. That Section 2.2.5, "The Board of Construction Appeals", of the Land Development Regulations of the City of Delray Beach, Florida, shall be repealed in its entirety. • > > > ORD. N0.47-07 > > > > > > « ,~ > C-s > Section 6. That Section 2.4.3, "Submission Requirements", Subsection (I~, "Fees", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: (I~ Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (p) Formal interpretation by the Board of Adjustment $ 60 jeer item) S 60 (t) Hearing before the Board of Adjustment $. 60 (per item) $ 60 Section 7. That Section 7.1.3, "Building Code", Subsection (A), of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby amended to read as follows: Section.7.1.3 Building Code: (A) Adopted by Reference: The 2001 Florida Building Code, as amended, and the amendments to the 2001 Florida Building Code as adopted by Palm Beach County are hereby 7 ORD. NO. 47-07 adopted and incorporated as if set forth herein, except as amended in Section 7.1.2(B) of this Article. This Article also adopts the 1999 Windbome Debris Impact Standard (SSTD 12-99). If a later edition of this code or subsequent amendments are made to the applicable minimum code, then those revisions or amendments shall automatically become the adopted code under this chapter. (1) Appeals concerning interpretation or administration of the provisions of this chapter shall be heard by the Board of ~e~ppeals Adjustment. Section 8. That Section 7.8.9, "Investigation; Notice", Subsection (A)(5), of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby amended to read as follows: Section 7.8.9 Investigation; Notice: (A) The Chief Building Official or his designee shall cause a title search to be made of the affected property to determine the names of all persons having an interest in the property. The Chief Building Official or his designee shall then prepare and issue a Notice of Unsafe Building/Structure directed to the owner of record and all persons having a legal interest in the property, including all known tenants. The notice shall contain, but not be limited to, the following information: (1) The street address and legal description of the building, structure, or premise, as disclosed by the title search and/or County or City records. (2) A statement indicating that the building or structure has been declared unsafe by the Chief Building Official or his designee and a detailed report documenting the conditions determined to have rendered the building or structure or portion thereof unsafe under the provisions of this chapter. (3) The action required to be taken as determined by the Chief Building Official or his designee. (a) "The notice shall require that all necessary permits be secured and the repair work be commenced within 60 days from the date of service of the Notice of Unsafe Building/Structure, and continued to completion within 6 months from the date the permits are available for issuance. The notice shall also set forth the provisions of Section 7.8.4 of this chapter. (b) If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed. 8 ORD. NO. 47-07 (c) If emergency action was taken by the Chief Building Official or his designee pursuant to 7.8.12(C), the notice shall state the emergency action taken and any costs incurred. (4) The notice shall state what action shall be taken by the City in the event that repairs are not made in accordance with the directions in the Notice of Unsafe Building/Structure. The Chief Building Official or his designee may in that case bring the matter before the Code Enforcement Board or order the building to be vacated and demolished or boarded up in accordance with the standards set forth in Section 7.8.12 of this chapter. (5) A statement advising that any person having a legal interest in the property may appeal the finding of the Chief Building Official or his designee to the Board of ~3st~etie~9~peals Adjustment and that the appeal shall be in writing in the form specified in Section 7.8.14 and 7.8.16 of this Chapter, and must be received by the Chief Building Official or his designee no later than thirty (30) days from the date of service of the Notice of Unsafe Building/Structure and that failure to deliver an appeal in the correct form in the time specified will constitute a waiver of all rights to an administrative hearing. Section That Section 7.8.12, "Standards for Determiiung Action to be Taken by Building Official", of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby amended to read. as follows: Section 7.8.12 Standards for Determining Action to be Taken by Building Official: The following actions shall be taken by the Chief Building Official or his designee when ordering the repair, vacation, demolition or boarding up of an unsafe building or structure or portion thereof: (A) If the building or structure poses an immediate hazard to the life or to the safety of the occupant or user thereof, or to the neighborhood, or to the public, or to the property of others, it shall be ordered immediately vacated. Additionally, where the building is not repaired in the time permitted, it will be ordered vacated and demolished, in accordance with the general guidelines in this section. (B) The building or structure will be ordered demolished when the condition of the building structure or portion thereof is sufficiently unsanitary, unsafe, unsecured, unguarded or detrimental to neighboring properties due to lack of completion, upkeep or exterior maintenance and where the required repairs are not performed within the time prescribed in the Notice of Unsafe Building/Structure or by order of the Board of Adjustment, and where the continued existence of the structure poses a hazard to the health or safety of the public or the occupants or users of the effected building or to the property of others. This applies even if the building is secured against entry and where the building is 9 ORD. NO. 47-07 sufficiently damaged, unsound, unsafe, unsanitary or detrimental to property values in the vicinity due to incomplete condition or lack of maintenance and upkeep. (C) In certain cases where the Chief Building Official or his designee, based upon his own experience and knowledge, or upon the advice- of fire officials, determines that an immediate peril exists and that certain preventative action must be taken immediately without notice or title search to prevent injury to occupants, neighbors or the public or destruction of the property of neighbors or the public, the Chief Building Official or his designee may order immediate preventative- actions which may include, but shall not be limited to, vacating the property, demolition, erecting fences or other barricades, boarding up, ordering the disconnection of power and water supplies and the City may assess the costs of such action as alien upon the property in accordance with this chapter. In the aforementioned cases, a Notice of Unsafe Building/Structure shall be served after preventative action is taken in the same manner as when action is taken after service. An appeal to the Board of ~~ Adjustment based upon an emergency action is proper only as it relates to costs incurred by the City, providing such appeal is received in the form prescribed by Sections 7.8.9, 7.8.14, and 7.8.16, and is received by the Chief Building Official no later than 30 days after service of the Notice of Unsafe Building/Structure. (D) The Chief Building Official or his designee shall have the authority to approve one extension of time to complete repairs to make a building or structure safe or to complete demolition. Such extension shall not exceed 60 days from the original expiration date for repair or demolition. The extension shall only be granted where the Chief Building Official or his designee determines that a good faith effort is being made to correct the unsafe condition, and that the extension will not unreasonably endanger the public. The building official may require that premises be guarded by fencing, barricading or other means until all repairs are made or demolition is completed. Section 10. That Section 7.8.13, "Procedural Matters, Board of Construction Appeals", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby repealed in its entirety: 10 ORD. N0.47-07 > > 11 ORD. N0.47-07 aefiieris: Section 11. That Section 7.8.14, "Appeals, Generally, Board of Construction Appeals", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.14 Appeals, Generally; Board of Adjustment: (A) Appeals to the Board of A 'us ent may be taken by any person aggrieved, or by any officer or bureau of the governing body of the City, affected by any decision of the Chief Building Official concerning interpretation, administration, or enforcement of the following provisions of the Land Development Regulations: (1) Building Regulations: Article 7.1 except Sections 7.1.5 through 7.1.7 (2) Gas Code: Article 7.3 (3) Mechanical Code: Article 7.5 (4) Plumbing Code: Article 7.6 (5) Electrical Code: Article 7.2 (6) Housing Code: Article 7.4 ('7) Unsafe Building/Structure: Article 7.8 (8) Moving Buildings: Article 7.10 (B) It is the intent of this subchapter that all questions of interpretation, administration, and enforcement shall first be presented to the Chief Building Official. Questions shall be presented to the Board of Adjustment only as an 12 ORD. N0.47-07 appeal of the Chief Building Official's determination. Appeals shall be filed in writing via certified U.S. Mail return receipt requested, and received by the Chief Building Official no later than 30 days after receipt of a written decision from the Chief Building Official except as specified in 7.8.9. The form of the appeal is as specified in 7.8.16. The Chief Building Official shall forth with transmit to the Board all papers constituting the record on which the appeal is based. Section 12. That Section 7.8.15, "Decisions, Generally", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.15 Decisions, Generally: In exercising its powers, the Board of ~etieg deals Adjustment, so long as the action is in conformity with the terms of existing ordinances, may reverse ox affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make the order, requirement, decision, or determination as should be made, and to that end shall have powers of the Chief Building Official from whom the appeal is taken. Section 13. That Section 7.8.16, "Appeals, Authorized Form", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.16 Appeals, Authorized Form: (A) For all authorized matters other than Unsafe Building/ Structure, any person or persons who have an interest adversely impacted by the Chief Building Official's decision may file an appeal. (B) For Unsafe Building/Structures, any person entitled to service in accordance with the provisions of Section 7.8.9 may appeal any action of the Chief Building Official or his designee. (C) Appeals must be in the form described below: (1) Identification of the land, and building or structure by street address and/or legal description, as appropriate. (2) A statement identifying the legal interest of the appellant or the interest of the appellant adversely impacted by the Chief Building Official's decision. (3) A statement identifying specific portions or sections of the Notice of Unsafe Building/Structure or written decision of the Chief Building Official which are being appealed. 13 ORD. NO. 47-07 (4) A statement detailing the issues on which the appellant desires to be heard in relation to (3) above. (5) The legal signature of the appellant(s) and his official mailing address(es). (D) Upon receipt of an appeal, the Board of Adjustment shall fix a date, time, and location for the hearing of the appeal. The hearing date shall not be more than 30 days from the date the appeal was received by the Chief Building Official unless the appellant agrees to a later date or the City demonstrates good cause (E) Waiver of AppeaL• All appeals must be received by the Chief Building Official no later than 30 days from the date of service the Notice of Unsafe Building/Structure or 30 days after receipt of the Chief Building Official's written decision which is appealed. Failure to appeal within the time period specified shall constitute a waiver and shall make_the decision of the Building Official a final decision or order. Section 14. That Section 7.8.17, "Hearing; Failure to Appear at Hearing, Board of Construction of Appeals", of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby amended to read as follows: Section 7.18.17 Hearing; Failure to Appear at Hearing, Board of ~A~e~s Adjustment: (A) Scope of hearing. (1) The hearing shall offer the appellant(s) reasonable oppomuuty to be heard on only those specific matters or issues raised in his written appeal. Other persons having a legally cognizable interest in the property but who did not register a written appeal may be heard at the Board of 'Adjustment's discretion on only those matters or issues raised by the appellant on his appeal and only to the extent that they affect the legally cognizable right of the person seeking to intervene in the appeal. (2) The Chief Building Official or his designee shall offer relevant testimony to the Board and/or the Chief Building Official may call others to testify who may offer relevant testimony. (3) The appellant or other person with a legally cognizable interest may appear at the hearing in person or through his attorney or other designated representative. (4) The Board, in hearing appeals under this chapter, shall determine whether the decision of the Chief Building Official or his designee as to the unsafe condition of 14 ORD. NO. 47-07 the structure or the remedial action required or his interpretation, administration or enforcement of relevant matters, as related to those matters raised by the appellant, is appropriate under the guidelines of this chapter. With regard to emergency actions, the Board's sole determination shall be to determine whether the costs incurred were reasonably related to the action undertaken. (B) The failure of any person to appear at the hearing set by the Board of ~err~4ppeals Adjustment without permission from the Board shall constitute a waiver of his right to an administrative hearing on the Notice of Unsafe Building/Structure or other matter appealed. 'The Board of Adjustment may, for good cause shown, excuse the failure to appear and set a new hearing date. Section 15. That Section 7.8.18, "Rules of Procedure for Hearing Appeals, Board of Construction of Appeals", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.18 Rules of Procedure for Hearing Appeals, Board of ~~ls Adjustment• (A) Reasonable Dispatch: The Board of C~sti~~eals Adjustment shall proceed with reasonable dispatch to conclude any matter before it. (B) Form of Hearing Notice to Appellant(s): (1) The Hearing Notice shall include, but not be limited to, the following information: (a) The date, time, and place of the hearing; (b) The legal description and/or address of the subject property, as applicable; (c) A statement that persons may be represented by counsel; and (d) A statement that appellants may present all relevant testimony on those issues which they intend to raise in accordance with their appeal request as addressed to the Chief Building Official. (C) Procedures for Hearing: 15 ORD. N0.47-07 (1) The Hearing Notice shall be served personally or by certified mail, return receipt requested, at least 7 days prior to the hearing date unless the appellant waives such requirement. (2) The Board of Adjustment may grant a continuance for good cause. (3) When the hearing is scheduled, the Board of A 'u tmen shall: (a) Hear from the Chief Building Official or his designees or others who may offer relevant testimony as to and as applicable to: (i) The Notice of Unsafe Building/Structure and all attachments thereto or other matters being appealed. (ii) Proof of service of the Notice of Unsafe Building/Structure on the owner of record and on any person determined from official public records to have a legal interest in the property or proof of service or receipt by the appellant(s) of any other written decision which is being appealed. (iii) The time of posting the Notice of Unsafe Building/Structure, including time to vacate, if any, and the location of the notices on the building or structure. (iv) The particulars of the defects and conditions determined to have rendered the building or structure or portion thereof unsafe under the provisions of this chapter, with photographs as necessary. (v) The recommended corrective actions to be taken and the reasons for the recommendations. (vi) Corrective actions, if any, already undertaken. (vii) The reasons and bases supporting the written decision made by the Chief Building Official which is being appealed. (b) Hear from other interested parties present in accordance with requirements of this chapter. 16 ORD. N0.47-07 (4) Evidence: (a) The Hearing before the Board of Adjustment shall not be required to be conducted in accordance with the. technical rules relating to evidence and testimony. (b) In any proceedings under this chapter any member of the Board shall have the power to administer oaths and affirmations and to .certify official acts. (c) Oral evidence shall be taken only on oath or affirmation. (d) Hearsay evidence may be used for the purpose of supplementing or explauung any direct evidence. The further use of hearsay evidence shall be limited to that which would be admissible in civil court. (e) Relevant evidence shall be admitted if it is the type on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of evidence over objection in civil courts. (5) The Board of Adjustment may inspect any building, structure or portion thereof involved in the appeal during the course of the hearing, provided the following are complied with: (a) Notice of an inspection is given to the appellant prior to the inspection; (b) The appellant is allowed to be present during the inspection; and (c) The Board members conducting the inspection state for the record, upon completion of their inspection, the conditions observed and any conclusions drawn therefrom. (6) When an appeal is heard before the Board itself, any member who does not hear the evidence presented shall not vote or take part in the decision. 17 ORD. NO. 47-07 ('7) The Board of Adjustment may be provided independent counsel, including counsel from the City Attorney's office, to advise it during the course of an appeal hearing. (D) Decision of the Board: (1) The Board, if requested, shall determuze whether the finding of the Chief Building Official or his designee that the building or structure is unsafe is proper under the guidelines of this chapter, and whether the mandated corrective action is necessary to render the building safe under the guidelines of this chapter. In cases where demolition has been ordered if repairs are not made, the Board shall, if requested, determine that demolition is proper. The Board may uphold the determination of the Chief Building Official or his designee, may send the matter back for further investigation and review by the Chief Building Official or his designee, or may make a finding that the condition complained of by the Chief Building Official or his designee does not render the building unsafe within the guidelines of this chapter, or that the corrective_action required by the Chief Building Official or his designee is beyond what is required under this chapter to render the building safe. As to any other matter or appeal, the Board may affirm, deny or modify the written decision of the Chief Building Official in accordance with codes and ordinances adopted by the City. (2) The Board shall issue its written decision within 15 working days of the conclusion of the hearing. The decision shall be in writing and shall set forth the evidence presented and the findings of the Board. The effective date of the Board's final decision shall be the date of the written decision. The Board may grant one and only otie extension of the time specified for making repairs and that extension may not exceed 60 days from the date of the Board's written decision to grant an extension. The Board may require the appellant to take actions to ensure the safety of the public or occupants during the extension period. (E) Recourse: If the appellant or the City is aggrieved by the decision of the Board, nothing in this chapter shall be construed to deprive him or the City of seeking redress in a court of competent jurisdiction. The appeal must be filed within 30 days from the effective date of the Board's final written decision and shall constitute a stay of any enforcement by the Chief Building Official or his designee except an order to vacate which was unappealed or upheld by the Board: Section 16. That Section 7.8.19, "Staying of Notice Under Appeal to Board of Construction Appeals", of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby amended to read as follows: 18 ORD. N0.47-07 Section 7.8.19 Staying of Notice Under Appeal to Board of Adjustment• (A) As to an order to vacate issued in accordance with Section 7.8.9(3)(a) or 7.8.12(C) of this chapter, enforcement of any notice issued by the Chief Building Official or his designee under the provisions of this chapter shall be held in abeyance during the course of an appeal. In the event that an order to vacate was issued pursuant to the aforementioned sections of this chapter, the Chief Building Official shall certify in writing as soon as practicable after the notice of appeal has been filed that, in his opinion, a stay of enforcement of an order to vacate would cause imminent peril to the life or safety of ,natural persons, or the property of persons other than the appellant. The certification shall set forth in detail those conditions causing the peril. An appellant desiring to challenge the order to vacate may request an emergency hearing of the Board of A 'ustment. The hearing shall be held within 72 hours of the appellant's request. (B) As to other matters under appeal, an appeal stays all proceedings in furtherance of the action appealed from, unless the Chief Building Official from whom the appeal is taken certifies to the Board of Adjustment after the Notice of Appeal is filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In this case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment at an emergency hearing of the Board as requested by the appellant, as noted above, or by a court of competent jurisdiction. Section 17. That Section 7.8.20, "Failure to Comply with Final Order of Decision", of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby amended to read as follows: Section 7.8.20 Failure to Comply with Final Order or Decision: (A) Any person who, after the order or decision of the Chief Building Official or his designee or the decision of the Board of Adjustment becomes final, fails or refuses to act in accord with the direction of that order shall be in violation of this chapter and may be prosecuted in accordance with Chapter 37 of the Code of Ordinances of the City or the Ciry may seek relief through a court of competent jurisdiction. (B) Alternatively, where persons fail to comply with the final order of the Chief Building Official or his designee or the Board of Adjustment, the Chief Building Official will require the building to be immediately vacated and demolished or boarded up as provided in Section 7.8.12. Except in emergency situations, the Chief Building Official or his designee shall mail a Final Notice by certified and first class mail 15 days prior to demolition 19 ORD. N0.47-07 or boarding up to all persons who were required to receive Notice of Unsafe Building/Structure and shall post the Final Notice on the effected building/structure. The Final Notice shall state: (1) That the building or structure has been determined to be unsafe by a final order of the Chief Building Official or Board of Eerzst~etieeals Adjustment. (2) That repairs were not effected as required. (3) That all persons having a legally cognizable interest were served with notice that the failure to make the required repairs would result in an order to vacate and/or to demolish or to board-up the building. (4) That the building must be vacated immediately, if it has not akeady been vacated. (5) Advising that the building shall be demolished or boarded up, and stating an approximate date of demolition or boarding up. (G) The approximate costs of boarding up or demolition and that such costs, if not paid, shall be charged as a lien against the property and that other costs incurred will be added to the total cost along with a 10% administrative fee. (C) 'The Chief Building Official shall also execute an Affidavit II to be included with the above Final Notice which shall state that the continued existence of the structure creates a danger to the health, safety, or welfare of the public, or is a danger or detriment to the property of the public, along with the reasons therefor, and the factual support for those reasons. (D) No person shall obstruct or interfere with the implementation of any action required by the Final Notice of the Chief Building Official, his designee or the Board of Adjustment. Any person found interfering with or obstructing such actions shall be in violation of this chapter and shall be prosecuted as provided in Section 7.8.22. (E) Performance of Work: The demolition or board-up of an unsafe building as required in the Final Notice of the Chief Building Official or the final decision by the Board of Adjustment shall be performed in an expeditious and workmanlike manner. Section 18. That Section 7.8.21, "Recovery of Cost of Demolition; Liens", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.21 Recovery of Cost of Demolition; Liens: 20 ORD. NO.47-07 (A) Whenever the Chief Building Official or his designee is required to take emergenry action as described in Section 7.8.12(C) or where compliance with a Final Notice is effected by the City, the City administration is authorized and directed to keep an accurate account of all expenses incurred, including but not limited to photographs, recording notices and affidavits, demolition, vacation, barricading, boarding-up, title searches, mailings, asbestos inspections, septic tank emptying, fencing, asbestos removal, utility disconnections, legal notice advertising or any other expenses necessitated by the demolition or board-up of the building/structure, and based upon same certify the cost involved for that work with respect to each parcel of property. The City shall also add to the total of such costs a 10% administrative charge to cover the expense of administering and inspecting the work performed, overhead, and other contingent expenses. The cost of advertising shall be added to the total costs as a separate expense. (B) If the City has the condition abated and payment is not received within 30 days after the mailing of an invoice for the appropriate expenses incurred together with administrative costs, an invoice requesting payment of the total costs and administrative charges shall be sent to the last known address of the record owner. In the event the invoice remains fully or partially unpaid 30 days after the date of mailing the invoice, the cost shall be reported by the City Manager to the City Commission. Thereupon the City Commission shall, by resolution, assess that cost against the parcel. The resolution shall describe the land and show the cost of effecting compliance, whether by demolition and removal or otherwise, actually incurred by the City and the additional 10% administrative expenses. The assessment shall also include costs of collection and reasonable attorney fees, and shall be legal, valid, and binding obligations against the subject property. The resolution shall become effective 30 days from the date of adoption, and the assessment contained therein shall become due .and payable no later than 30 days after the mailing date of the Notice of Assessment, after which interest shall accrue at the rate of 8% per annum on any unpaid portion. (C) The City shall send an invoice for the total amount due, a copy of the Notice of Assessment along with a copy of the Commission resolution, to the last known address of the record owner. Service shall be by personal delivery or by certified mail, postage prepaid, return receipt requested. In the event that the assessment remains fully or partially unpaid after 30 days of the mailing date or personal delivery of the Notice of Assessment, the City shall cause to be recorded in the official records of the County, against those properties for which payment in full has not been received, an affidavit certifying. that a resolution assessing those costs against the subject property was passed by the City Commission; the amount remaining unpaid including recording costs and any additional administrative costs authorized by City policies; the date the resolution was passed and the number of the resolution; that the assessment remains unpaid as of the date of the affidavit; that interest in the amount of 8% per annum of the unpaid balance shall accrue; and that the affidavit is recorded by the City pursuant to this chapter. In the event payment in full with interest accrued is received, the City shall cause a 21 ORD. N0.47-07 satisfaction for such assessment to be recorded. The Notice of Assessment resolution shall be in substantially the following form: CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT DATE TO: ADDRESS: PROPERTY: You, as the record owner of, or holder of an interest in, the above described property are hereby advised that a cost of by resolution of the City Commission of the City of Delray Beach, Florida, dated 19_, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on that the Chief Building Official had determined that abuilding/structure located on the above described property was unsafe. You were advised in that_notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. You failed to appeal the decision of the Chief Building Official to the Board of C-e~siet3 ~rppeals Adjustment although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Building Official to the Board of Adjustment. You.were given written notification on that you were required to take the corrective action required by the decision of the Board of Adjustment within a stated period of time. You failed to take the action as required by the order of the Board of E~s~et~ee$ls Adjustment. You appealed the decision of the Building Official to the Board of Adjustment on The Board of E~e~ Adjustment upheld the decision of the Building Official. 22 ORD. N0.47-07 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on at a cost of which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty {30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above-described property. THE CITY MAY ENFORCE THE ASSESSMENTS BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk (D) The City may enforce the assessments by either an action at law or foreclosure of the lien, which shall be foreclosed in the same manner as mortgages are foreclosed under state law. In either type of action, the City shall be entitled to interest at the rate of 8% from the date of assessment, collection costs, and reasonable attorney's fees. Such liens shall be on a parity with general City taxes and shall have priority over all other liens and encumbrances, including mortgages. Section 19. That Section 7.8.22, "Violations; Providing for Independent Judicial Proceeding", of the Land Development Regulations of the Ciry of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.22 Violations; Providing for Independent Judicial Proceeding: (A) Any person or his agent, who shall violate a provision of this chapter or fail to comply therewith, including orders and findings of the Board of Adjustment, may be prosecuted and punished in accordance with Chapter 37 of the City's Code of Ordinances. Each person shall be deemed guilty of a separate offense for each and every day 23 ORD. N0.47-07 or portion thereof during which any violation is committed or continued. The administration may alternatively seek enforcement in a court of competent (B) Any person, firm or corporation who violates any provision of this chapter for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment for a term not exceeding 30 days or both. Each day any violation shall continue to exist shall constitute a separate offense. (C) All remedies and procedures in this chapter are not exclusive and shall not prevent the City from instigating an independent legal action in a court of competent jurisdiction. Section 20. 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 21. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 22. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2007. MAYOR ATTEST: CITY CLERK First Reading Second Reading_ 24 ORD. N0.47-07 25 ORD. N0.47-07 ~.; ~~~~,~, t PL`ANNIN~G AND ZONING BOARD MEMORANDUM STAFF REPORT ~:.;. - ,~ MEETING DATE: SEPTEMBER 17, 2007 AGENDA NO: IV. E AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 1.4.1, ARTICLE 2.2.1, SECTION 2.2.4, 2.2.5, 2.4.3, 7.1.3, 7.8.9, 7.8.12, 7.8.14, 7.8.15, 7.8.16, 7.8.17, 7.8.18, 7.8.19, 7.8.20, 7.8.21, AND 7.8.22 TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF CONSTRUCTION APPEALS". .,f ` ~ ... =k~*~~`~ ;~ t .:ITEM`~BEFORE~THErtB0;4RD ~ }~ - ~ ~~;, The item before-the Board is that of making a recommendation to the City Commission regarding: a'' City=initiated amendment to the.-Land Development Regulations (LDR)'. Section.:2.2.4 and 2.2.5 fo amend fhe LDR Section 2.2.4- pertaining to the Board of Adjustment and repealing the'LDR Section 2.2.5 relating to the Board of Construction Appeals to combine both sections to create. a new combined Board. Additional changes are to be made to other sections and articles reference above to remove references made to "Board of Construction Appeals". Pursuant. to .Section 1.1.6, an amendment to the text of the Land Development. Regulations rrtay not be made until a recommendation is obtained from .the Planning and Zoning Board..... r r,.~ ',_ ~:~: ~,~, ~ ~,~ s ~::~ E3AGKGR~UN[77ANA~YSIS ~ _ `" r~ ~~,~F;`;; At the May 8, 2007 City Commission workshop meeting, the City Commission directed staff to review the validity of our current advisory Boards; and to determine whether Commission liaisons needed: to. be assigned and how liaisons would work with the Boards. A review has been conducted and one recommendation to come from that review is that the Board of Construction Appeals and the Board of Adjustment. be combined. Filling the specialized positions required by the two separate Boards has proven difficult. This ordinance has been prepared to create 'a ndv~ combined Board. REQUIRED FlND1NGS LDR Section 2.4.5(M)(5} (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of 'the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are na applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them: IV. E. Planning and Zoning Board Meeting, September 17, 2007 LDR Amendment -Combining the BOA and BOCA ~-t`r T '~ - t .'~: ~` 3'1 rb x ; ~fi . v cti W ~f~ Couctesy Notices: Courtesy notices were provided to the following associations: ^ Neighborhood Advisory Council ^ Chamber of Commerce Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. '~ ~'~"'~ `~'~'`.t~SSES'SME 3". D m C -USI~fJ~~~~"ti'~~=`'; i'~`~Fn~ ~"~ ~ ~~Y; The purpose of this City-initiated LDR text amendment is to eliminate the Board of Construction Appeals and to expand the authority of the Board of Adjustment to include those. enforcement areas previously allocated to the Board of Construction Appeals. This LDR text amendment is consistent. with the Comprehensive Plan and positive findings can be made with respect o LDR Section 2.4.5(M) (5). r ~ x_ r .~~, sz Move a recommendation of approval. to the City Commission for aCity-initiated amendment to the Land Development Regulations (LDR), amending LDR Section 1.4.1, Article 2.2, Sections 2.2.1, 2.2.4, 2.2.5, 2.4.3, 7.1.3, 7.8.9, 7.8.12, 7.8.14, 7.8.15, 7.8.16, 7.8.17, 7.8.18, 7.8.19, 7.8.20,. 7.8.21. and 7.8.22 to substitute °Board of adjustment".:for "Board of Construction Appeals" by.ado~tinWg;;the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: ^ Proposed Ordinance 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASSISTANT CITY ATTORNEY ~~--~-~ THROUGH: CITY ATTORNEY DATE: OCTOBER 10, 2007 SUBJECT: AGENDA ITEM # I ~ • 1~-REGULAR MEETING OF OCTOBER 16, 2007 ORDINANCE 51-07 AMENDING DOCKAGE RATES FOR THE CITY MARINA ITEM BEFORE COMMISSION This item before the Commission is Ordinance 51-07 which amends Section 92.33 of the City Code regarding the dockage rates at the City Marina. BACKGROUND The current ordinance sets forth certain dockage rates and license requirements that are either outdated or not applicable. Ordinance 51-07 provides that the Commission shall set the dockage rate and that current rates shall be located in the City Clerk's Office or the Parks and Recreation Director's Office. Also, Ordinance 51-07 provides for a minimum dockage rate to be charged. RECOMMENDATION Staff recommends approval of Ordinance 51-07. cc: Tim Simmons, Acting Parks and Recreation Director ORDINANCE NO.51-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING SECTION 92.33, "DOCKAGE RATES", TO CLARIFY THE DOCKAGE RATE CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend its Code of Ordinances in order to clarify the dockage rate charged by the City Marina. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 92, "Boats and Boating", Section 92.33, "Dockage Rates", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: Sec. 92.33. DOCKAGE RATES. /1 \ A +,. • F ~ ,- /A\ ,~ , .+~1~. ~ .7 t' 1 f;,~~+ nr,.l ln~ - o i °: ° : :: + +++ .+tL.~~ ..o „t..l crcccc-v .~..~ ....,..........,.. crr9-~iimzvir-vi r ~ rg . . 1 ,............, ... ....,,. , .~ . ,.' ~. a ..~ ., > . > , The dockage rates charged shall be set by the City Commission and a copy of the current rates may be found in the City_ Clerk's Office and the Parks and Recreation Director's Office. These rates may be changed from time to time as determined by the City Commission. The minimum amount char eg d for dockage shall be the fee fora 35 foot non-live aboard boat if a boat is not currently specified on the license agreement or if a boat is listed on the license agreement and is less than 35 feet in length. If the boat listed on the license agreement is less than 35 feet in length and is a live aboard the minimum fee charged shall be the rate charged fora 35 foot live aboard boat. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TERRILL BARYON, ASSISTANT CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: OCTOBER 10, 2007 SUBJECT: AGENDA ITEM # ~ ~ • .D -REGULAR MEETING OF OCTOBER 16.2007 FIRST READING OF ORDINANCE 45-07 -PROPOSED MOTORCYCLE ORDINANCE ITEM BEFORE COMMISSION The item before the City Commission is discussion of a proposed ordinance limiting motorcycle travel on a portion of Atlantic Avenue and providing a cap on motorcycle noise levels. BACKGROUND The City has received complaints about loud and raucous noise emanating from motorcycles on East Atlantic Avenue between Swinton and southbound U.S. Highway No. 1 (N.E. - S.E. 5~' Avenue) due to the large number of outdoor dining facilities. The attached ordinance proposes limiting this noise by not allowing their travel on East Atlantic Avenue if they are traveling east or west between Swinton on the west and U.S. Highway No. 1 (N.E. - S.E. 5`h Avenue) on the east between 7 a.m. and 11 p.m.; however, motorcycles may still travel to downtown Delray Beach on roadways other than East Atlantic Avenue at all times and they may travel across East Atlantic Avenue going north or south at all times; and motorcyclists shall be prohibited from retying their engines and from modifying the exhaust systems of their motorcycles to make them louder. RECOMMENDATION City Commission discretion. ORDINANCE NO. 45-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION (Q), "CIVIL PENALTIES", TO PROVIDE FOR CITATIONS FOR NOISE VIOLATIONS OF MOTOR VEHICLES AND MOTORCYCLES; AMENDING CHAPTER 70, "TRAFFIC REGULATIONS", "GENERAL PROVISIONS", BY AMENDING SECTION 70.02, "TRUCK AND TRAILER PROHIBITION ON CERTAIN PORTIONS OF ATLANTIC AVENUE", IN ORDER TO PROHIBIT MOTORCYCLES ON CERTAIN PORTIONS OF ATLANTIC AVENUE; AMENDING CHAPTER 99, "NOISE CONTROL", BY AMENDING SECTION 99.02, "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS; BY AMENDING SECTION 99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED; EXCEPTIONS", TO CHANGE THE NAME TO "LOUD AND RAUCOUS NOISES ENUMERATED; EXEMPTIONS", BY AMENDING SUBSECTION (A), "CERTAIN ACTS DECLARED UNLAWFUL", (1)(a) AND (14), "MOTOR VEHICLES OPERATING ON A PUBLIC RIGHT-OF-WAY", TO ADD "MOTORCYCLES", "MUFFLERS", AND "RAPID THROTTLE ADVANCE", IN ORDER TO PROVIDE A CAP FOR ALL MOTORCYCLE EXHAUST NOISE AND REQUIRE EPA NOISE LABELS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the City Commission of the City of Dekay Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission enacts this ordinance in the interest of the public health, peace, safety, and general welfare of the citizens of Delray Beach, Florida, pursuant to Article VII, Section 2(b) and (5) of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and WHEREAS, the City Commission desires to reduce adverse health effects and urban blight that occur as a result of excess and raucous noise; and WHEREAS, Congress gave states and their subdivisions broad powers to control motorrycles and motorrycle exhaust systems with respect to vehicle owners who deliberately make their motorcycles loud. See, 42 U.S.C. 4905(e)(2); and WHEREAS, there is no commerce clause violation because there is no discrimination against out-of- state competition and it is not unduly burdensome since this ordinance applies to all motorrycles and it only limits their travel on East Atlantic Avenue if they are travelling east or west between Swinton on the west and Southbound U.S. Highway No. 1 (NE-SE 5~' Avenue) on the east between 7 a.m. and 11 p.m.; however, motorcycles may still travel to downtown Delray Beach on roadways other than East Atlantic Avenue at all times and they may travel across East Atlantic Avenue going north or south at all times; and WHEREAS, the Ciry Commission desires to limit loud and raucous noise on East Atlantic Avenue between Swinton and southbound U.S. Highway No. 1 (N.E. - S.E. 5~' Avenue) due to the large number of outdoor dining facilities in order to protect the health and welfare of the public; and WHEREAS, the Ciry Commission may enforce this ordinance in accordance with the City's civil citation ordinance codified in Section 37.45, which provides for civil penalties for violations of the City's noise control ordinance; and WHEREAS, the Ciry Commission has the authority to restrict the use of streets and to prohibit or regulate the use of heavily traveled streets within the jurisdiction of the Ciry of Delray Beach pursuant to Section 316.008, Fla. Stat.; and WHEREAS, the Ciry Commission desires to update its noise ordinance in order to better protect its citizens' right to an environment free from excessive noise in accordance with new case law and studies including but not limited to the following: A Line in the Sand Florida Municipalities Struggle to Determine the Line Between Valid Noise Ordinances And Unconstitutional Restrictions. An analysis prepared by Paula P. Bentley. Stetson Law Review, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title 3, "Administration", Chapter 37, "Dekay Beach Code Enforcement", of the Code of Ordinances of the Ciry of Dekay Beach, Florida, Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (~, "Civil Penalties", shall be amended to read as follows: NOISE CONTROL 99.03 It shall be unlawful for any person to make, continue, or cause to be made any noise disturbance $150 $225 99.04 (A)(1} It shall be unlawful to permit to be played any radio, musical instrument, phonograph, or other device used to produce sound for purposes of entertainment 2 ORD. NO.45-07 a. If the noise source is located within an automobile, in or on a public access area and can be heard 39'- 25' from the source, or 100' if the noise source is within a building $200 $275 b. If the sound violates the decibel level established by ordinance $200 $275 99.04 (A)(2) Loud speakers/Public address systems within a noise sensitive zone $200 $275 99.04 (A~(14) Violations pertaining to noise and noise prevention standards for motor vehicles. motorcycles and motor-driven cycles. $200 $275 99.05 Sound levels by land use $200 $275 All other violations of Sec. 99 $150 $225 Section 2. That Title 7, "Traffic Code", Chapter 70, "Traffic Regulations", "General Provisions", of the code of Ordinances of the City of Delray Beach, Florida, Section 70.02, "Truck and Trailer Prohibition on Certain Portions of Adantic Avenue", is hereby amended to read as follows: Sec. 70.02. TRUCK AND TRAILER AND MOTORCYCLE PROHIBITION ON CERTAIN PORTIONS OF ATLANTIC AVENUE. jA~ No trucks or trailers, except such vehicles providing emergency services or performuig governmental service on behalf of the City, the County, or the State and further excepting armored car vehicles, shall be permitted at any time on Atlantic Avenue between Swinton Avenue on the west and southbound U.S. Highway No. 1 (N.E. - S.E. 5`s Avenue) on the east. jBl No motorcycles except for authorized law enforcement motorcycles shall be permitted to travel east or west on Atlantic Avenue between Swinton Avenue on the west and southbound U.S. Highway No 1 (N E - S E 5`s Avenue) on the east between the hours of 7 a.m. and 11 p.m. Section 3. That Tide 9, "General Regulations", Chapter 99, "Noise Control", Section 99.02, "Definitions", of the Code of Ordinances of the City of Dekay Beach, Florida, shall be amended to read as follows: Motorcycles. An unenclosed motor vehicle having a saddle for the use of the operator and two (2) or three (3) wheels in contact with the ground, ~ ~ but excluding a tractor or moped. Noise Disturbance. ~ Raucous noises ~iek: 3 ORD. NO.45-07 Person. Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a -State or any political subdivision of a State. Person shall be additionally construed to mean reasonable persons of ordinary sensibilities. Raucous Noise A term which shall mean any sound which, because of its volume level, duration. character and time of day annoys disturbs, inures, or endangers the comfort, health. peace or safety of reasonable persons of ordinary sensibilities within the limits of the Citv. Section 4. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.04, Loud and Unnecessary Noises Enumerated; Exemptions", Subsection (A), "Certain Acts Declared Unlawful", (1)(a) of the Code of Ordinances of the City of Delray Beach, shall be amended to read as follows: (A)(1) (a) Violation will occur if the noise source is located within an automobile, in or upon a public street, highway, building, sidewalk, park, thoroughfare or other public area, or is located in or upon a public access area, such as a shopping mall, parking lot or the like, or on any private property, and the sound can be heard more than €i€t~-~59) twenty-five 25) feet from its source or, if the noise source is in a building or other structure and the sound can be heard more than one hundred (100) feet away from the building or structure or the boundaries of the property surrounding such building or structure, whichever is greater. Section 5. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.04, "Loud and Unnecessary Noises Enumerated; Exemptions", Subsection (A), "Certain Acts Declared Unlawful", (14), "Motor Vehicles Operating on a Public Right-of-Way", of the Code of Ordinances of the City of Delray Beach, shall be amended to read as follows: Sec. 99.04. LOUD AND RAUCOUS NOISES ENUMERATED; EXEMPTIONS. (A)(14) ja), Motor Vehicles Operating on a Public Right-of-[Play. Motor vehicles on a Public Right- of-Way are regulated as set forth in the Florida Motor Vehicle Noise Prevention and Control Act of 1974, as set forth in F.S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended: and jb) Motorcycles All motorcycles manufactured after December 31. 1982 shall be equipped as rewired b~ the Federal Environmental Protection Agency ("EPA"1 noise emissions regulations 40CFR205 parts D&E pursuant to the Noise Control Act ,("NCA") of 1972, to include: (1) labeled exhaust systems, free of 4 ORD. N0.45-07 defects or modifications, that state they meet federal noise ,emissions standards, in accordance to the maximum dBA levels for the model dears listed below: and. ~2_) all other related ecluinment to include chaise mounted labels (as a means to facilitate vehicle and exhaust system aPplicability~, and other integral exhaust stem components Nothing in this section shall prevent the installation of U.S. EPA approved low noise emission mufflers onto these motorcycles. 1 Maximum U.S. EPA noise emission muffler ratings for highway use motorcycles manufactured: a. After 1982 and before 1985: 83dBA b. After 1985 to present: 80dBA ~c,L Mu s Every motor vehicle, motorcycle and motor-driven cycle muffler that fails to limit loud and unreasonably. excessive or raucous noise shall be prohibited. ~d) Ra,~id Throttle Advance Ra.,,pid throttle advance (revvingL of an internal combustion engine of a motor vehicle, motorcycle, or motor-driven cycle resulting in increased noise from the engine. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 5 ORD. N0.45-07 Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2007. MAYOR ATTEST: CITY CLERK First Reading Second Reading ~ ORD. NO. 45-07 shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2007. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. NO. 42-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~'"' I DATE: OCTOBER 16, 2007 SUBJECT: AGENDA ITEM # 1 Z.B. -REGULAR MEETING OF OCTOBER 16, 2007 ORDINANCE NO.45-07 -MOTORCYCLE ORDINANCE ITEM BEFORE COMMISSION Attached please find an alternative motor cycle ordinance that does not prohibit motorcycles on East Atlantic Avenue, see attached Option 1 as well as an amended original ordinance that clarifies the language provided in Section 99.04(A) (14), see attached Option 2. Page 1 of 2 Gaskins, Lanelda From: Barton, Terrill Sent: Monday, October 15, 2007 11:04 AM To: Smith, Douglas; Gaskins, Lanelda Cc: Ruby, Susan; Schroeder, Larry Subject: RE: Motorcycle Ordinance Attachments: Ord 45-07 Prohibiting Motorcycles on portions of Atlantic Ave-TCB RV2.doc; Ord 45-07 Prohibiting Motorcycles on portions of Atlantic Ave-TCB RV2 ALternate.doc I apologize for my failure to attach the ordinances to my earlier a-mail. Thanks. Terrill C. Barton, Assistant City Attorney 200 NW 1st Avenue Delray Beach, FL 33444 (561) 243-7090 From: Barton, Terrill Sent: Monday, October 15, 2007 11:03 AM To: Smith, Douglas; Gaskins, Lanelda Cc: Ruby, Susan; Schroeder, Larry Subject: Motorcycle Ordinance Attached please find an alternative motor cycle ordinance that does not prohibit motorcycles on East Atlantic Avenue as well as an amended original ordinance that clarifies the language provided in Section 99.04(A) (14). Please place both of these ordinances before the City Commission at tomorrow night's meeting. Please call me'if you have any questions. Thank you. Terrill C. Barton, 10/16/2007 ~'> ORDINANCE NO. 45-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION (Q), "CNII, PENALTIES", TO PROVIDE FOR CITATIONS FOR NOISE VIOLATIONS OF MOTOR VEHICLES AND MOTORCYCLES; AMENDING CHAPTER 99, "NOISE CONTROL", BY AMENDING SECTION 99.02, "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS; BY AMENDING SECTION 99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED; EXCEPTIONS", TO CHANGE THE NAME TO "LOUD AND RAUCOUS NOISES ENUMERATED; EXEMPTIONS", BY AMENDING SUBSECTION (A), "CERTAIN ACTS DECLARED UNLAWFUL", (1)(a) AND (14), "MOTOR VEHICLES OPERATING ON A PUBLIC RIGHT-OF-WAY", TO ADD "MOTORCYCLES", "MUFFLERS", AND "RAPID THROTTLE ADVANCE", IN ORDER TO PROVIDE A CAP FOR ALL MOTORCYCLE EXHAUST NOISE AND REQUIRE EPA NOISE LABELS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission enacts this ordinance in the interest of the public health, peace, safety, and general welfare of the citizens of Delray Beach, Florida, pursuant to Article VII, Section 2(b) and (5) of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and WHEREAS, the City Commission desires to reduce adverse health effects and urban blight that occur as a result of excess and raucous noise; and WHEREAS, Congress gave states and their subdivisions broad powers to control motorcycles and motorcycle exhaust systems with respect to vehicle owners who deliberately make their motorcycles loud. See, 42 U.S.C. 4905(e)(2); and WHEREAS, there is no commerce clause violation because there is no discrimination against out-of- state competition and it is not unduly burdensome since this ordinance applies to all motorcycles and it only limits their travel on East Atlantic Avenue if they are travelling east or west between Swinton on the west and Southbound U.S. Highway No. 1 (NE-SE 5~' Avenue) on the east between 7 a.m. and 11 p.m.; however, motorcycles may still travel to downtown Dekay Beach on roadways other than East Atlantic Avenue at all times and they may travel across East Atlantic Avenue going north or south at all times; and WHEREAS, the Ciry Commission desires to limit loud and raucous noise on East Atlantic Avenue between Swinton and southbound U.S. Highway No. 1 (N.E. - S.E. 5~' Avenue) due to the large number of outdoor dining facilities in order to protect the health and welfare of the public; and WHEREAS, the Ciry Commission may enforce this ordinance in accordance with the City's civil citation ordinance codified in Section 37.45, which provides for civil penalties for violations of the City's noise control ordinance; and WHEREAS, the Ciry Commission has the authority to restrict the use of streets and to prohibit or regulate the use of heavily traveled streets within the jurisdiction of the City of Delray Beach pursuant to Section 316.008, Fla. Stat.; and WHEREAS, the Ciry Commission desires to update its noise ordinance in order to better protect its citizens' right to an environment free from excessive noise in accordance with new case law and studies including but not limited to the following: A Line in the Sand Florida Municipalities Struggle to Determine the Line Between Valid Noise Ordinances And Unconstitutional Restrictions. An analysis prepared by Paula P. Bentley. Stetson Law Review, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Tide 3, "Administration", Chapter 37, "Dekay Beach Code Enforcement", of the Code of Ordinances of the City of Dekay Beach, Florida, Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (~, "Civil Penalties", shall be amended to read as follows: NOISE CONTROL 99.03 It shall be unlawful for any person to make, continue, or cause to be made any noise disturbance $150 $225 99.04 (A)(1) It shall be unlawful to permit to be played any radio, musical instrument, phonograph, or other device used to produce sound for purposes of entertainment a. If the noise source is located within an automobile, in or on a public access area and can be heard ~ 2~`' from the source, or 100' if the noise source is within a building $200 $275 b. If the sound violates the decibel level 2 ORD. N0.45-07 established by ordinance $200 $275 99.04 (A)(2) Loud speakers/Public address systems within a noise sensitive zone $200 $275 99.04 (A~.(14) Violations pertaining to noise and noise prevention standards for motor vehicles, motorcycles, and motor-driven cycles. X200 X275 99.05 Sound levels by land use All other violations of Sec. 99 $200 $275 $150 $225 Section 2. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.02, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended to read as follows: Moto~zycles. An unenclosed motor vehicle having a saddle for the use of the operator and two (2) or three (3) wheels in contact with the ground, , rimes but excluding a tractor or moped. Noise Disturbance. ~ Raucous noises s~~-~ielq: Person. Any individual, association, partnership or corporation, and includes any officer, employee, department, agenry or instrumentality of a State or any political subdivision of a State. Person shall be additionally construed to mean reasonable persons of ordinary sensibilities. Raucous Noise A term which shall mean any sound which, because of its volume level duration character_ and time of day annoys disturbs, injures or endangers the comfort. health, peace or safet~of reasonable persons of ordinary sensibilities within the limits of the CitvT ection 3. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.04, Loud and Unnecessary Noises Enumerated; Exemptions", Subsection (A), "Certain Acts Declared Unlawful", (1)(a) and Subsection (14), "Motor Vehicles Operating on a Public Right-of-Way", of the Code of Ordinances of the City of Delray Beach, shall be amended to read as follows: Sec. 99.04. LOUD AND RAUCOUS NOISES ENUMERATED; EXEMPTIONS. 3 ORD. N0.45-07 (A) Certain Acts Declarrd Unlawful. The following acts, and the causing thereof, among others are declared to be unlawful and in violation of this Chapter: (1) Noise for Entertainment Purposes It shall be unlawful for any person or persons to play, use, operate or permit to be played, used or operated, any radio, musical instrument, phonograph or other machine or device for the producing or reproducing of sound if such sound is for the purpose of entertainment or is used for that purpose and can be heard from the distances stated in subsection (a) or violates the parameters set forth in subsection (b). (a) Violation will occur if the noise source is located within an automobile, in or upon a public street, highway, building, sidewalk, park, thoroughfare or other public area, or is located in or upon a public access area, such as a shopping mall, parking lot or the like, or on any private property, and the sound can be heard more than fi€~-{58~ twen -five (25) feet from its source or, if the noise source is in a building or other structure and the sound can be heard more than one hundred (100) feet away from the building or structure or the boundaries of the property surrounding such building or structure, whichever is greater. (14) Motor Vehicles Operating on a Public IZsght-of--Way. ~ Failure to operate 1+~4 motor vehicles on a Public Right-of--Way ire-te~a~ed as set forth in the Florida Motor Vehicle Noise Prevention and Control Act of 1974, as-~e~-€er~ rovi a in F.S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended; i (b Moton~cles Failure for all motorcycles manufactured after December 31, 1982 as gquired b~, the Federal Environmental Protection Agenc,~("EPA") noise emissions regulations 40CFR205 parts D&E, pursuant to the Noise Control Act ("NCA") of 1972. to include: (11 labeled exhaust systems, free of defects or modifications, that state they meet federal noise emissions standards in accordance to the maximum dBA levels for the model years listed below and,,, j2~ all other related equipment to include chaise mounted labels (as a means to facilitate vehicle and exhaust system applicability, and other integral exhaust system components Nothing in this section shall ,prevent the installation of U S EPA approved low noise emission mufflers onto these motorcycles 1. Exceeding the maximum U S EPA noise emission muffler ratings for highway use motorrycles manufactured: ~ After 1982 and before 1985: 83dBA b. After 1985 to present: 80dBA 4 ORD. N0.45-07 (c) Mrr~lers Failure to limit loud and unreatonahly excessive or raucous noise of every motor vehicl motorcycle, and motor-driven cycle muffler ( i~_Ra~id Throttle Advance Rapid throttle advance (revving) of an internal combustion engine of a motor vehicle motorcycle, or motor-driven cycle resulting in increased noise from the engine 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. ~on 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2007. ATTEST: MAYOR CITY CLERK First Reading Second Reading 5 ORD. N0.45-07 C) ORDINANCE NO. 45-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION (Q), "CNIL PENALTIES", TO PROVIDE FOR CITATIONS FOR NOISE VIOLATIONS OF MOTOR VEHICLES AND MOTORCYCLES; AMENDING CHAPTER 70, "TRAFFIC REGULATIONS", "GENERAL PROVISIONS", BY AMENDING SECTION 70.02, "TRUCK AND TRAILER PROHIBITION ON CERTAIN PORTIONS OF ATLANTIC AVENUE", IN ORDER TO PROHIBIT MOTORCYCLES ON CERTAIN PORTIONS OF ATLANTIC AVENUE; AMENDING CHAPTER 99, "NOISE CONTROL", BY AMENDING SECTION 99.02, "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS; BY AMENDING SECTION 99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED; EXCEPTIONS", TO CHANGE THE NAME TO "LOUD AND RAUCOUS NOISES ENUMERATED; EXEMPTIONS", BY AMENDING SUBSECTION (A), "CERTAIN ACTS DECLARED UNLAWFUL", (1)(a) AND (14), "MOTOR VEHICLES OPERATING ON A PUBLIC RIGHT-OF-WAY", TO ADD "MOTORCYCLES", "MUFFLERS", AND "RAPID THROTTLE ADVANCE", IN ORDER TO PROVIDE A CAP FOR ALL MOTORCYCLE EXHAUST NOISE AND REQUIRE EPA NOISE LABELS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission enacts this ordinance in the interest of the public health, peace, safety, and general welfare of the citizens of Dekay Beach, Florida, pursuant to Article VII, Section 2(b) and (5) of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and WHEREAS, the City Commission desires to reduce adverse health effects and urban blight that occur as a result of excess and raucous noise; and WHEREAS, Congress gave states and their subdivisions broad powers to control motorcycles and motorcycle exhaust systems with respect to vehicle owners who deliberately make their motorrycles loud. See, 42 U.S.C. 4905(e)(2); and WHEREAS, there is no commerce clause violation because there is no discrimination against out-of- state competition and it is not unduly burdensome since this ordinance applies to all motorcycles and it only limits their travel on East Atlantic Avenue if they are travelling east or west between Swinton on the west and Southbound U.S. Highway No. 1 (NE-SE 5s' Avenue) on the east between 7 a.m. and 11 p.m.; however, motorcycles may still travel to downtown Delray Beach on roadways other than East Atlantic Avenue at all times and they may travel across East Atlantic Avenue going north or south at all times; and WHEREAS, the City Commission desires to limit loud and raucous noise on East Atlantic Avenue between Swinton and southbound U.S. Highway No. 1 (N.E. - S.E. 5~' Avenue) due to the large number of outdoor dining facilities in order to protect the health and welfare of the public; and WHEREAS, the City Commission may enforce this ordinance in accordance with the City's civil citation ordinance codified in Section 37.45, which provides for civil penalties for violations of the City's noise control ordinance; and WHEREAS, the City Commission has the authority to restrict the use of streets and to prohibit or regulate the use of heavily traveled streets within the jurisdiction of the City of Dekay Beach pursuant to Section 316.008, Fla. Star.; and WHEREAS, the City Commission desires to update its noise ordinance in order to better protect its citizens' right to an environment free from excessive noise in accordance with new case law and studies including but not limited to the following: A Line in the Sand Florida Municipalities Stn ale to Determine the Line Between Valid Noise Ordinances And Unconstitutional Restrictions. An analysis prepared by Paula P. Bentley. Stetson Law Review, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title 3, "Administration", Chapter 37, "Delray Beach Code Enforcement", of the Code of Ordinances of the City of Delray Beach, Florida, Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (~, "Civil Penalties", shall be amended to read as follows: TRAFFIC REGULATIONS 70.02 ~B) Violations of motorcycle prohibition on Atlantic Avenue between Swinton Avenue on the west and southbound U.S. Highway No. 1 ~1V.E.- S.E 5s' avenues on the east between the hours of 7 a.m. and 11 p.m. $200 $275 2 ORD. N0.45-07 NOISE CONTROL 99.03 It shall be unlawful for any person to make, continue, or cause to be made any noise disturbance $150 $225 99.04 (A)(1) It shall be unlawful to permit to be played any radio, musical instrument, phonograph, or other device used to produce sound t~ for purposes of entertainment a. If the noise source is located within an automobile, in or on a public access area and can be heard ~' 2 'from the source, or 100' if the noise source is within a building $200 $275 b. If the sound violates the decibel level established by ordinance $200 $275 99.04 (A)(2) Loud speakers/Public address systems within a noise sensitive zone $200 $275 99 04 (A)f14) Violations pertaining to noise and noise prevention standards for motor vehicles, motorcycles. and motor-driven cycles. 5200 5275 99.05 Sound levels by land use $200 $275 All other violations of Sec. 99 $150 $225 c ' n 2. That Title 7, "Traffic Code", Chapter 70, "Traffic Regulations", "General Provisions", of the code of Ordinances of the City of Dekay Beach, Florida, Section 70.02, "Truck and Trailer Prohibition on Certain Portions of Atlantic Avenue", is hereby amended to read as follows: Sec. 70.02. TRUCK AND TRAILER AND MOTORCYCLE PROHIBITION ON CERTAIN PORTIONS OF ATLANTIC AVENUE. ~, No trucks or trailers, except such vehicles providing emergenry services or performing governmental service on behalf of the City, the County, or the State and further excepting armored car vehicles, shall be permitted at any time on Atlantic Avenue between Swinton Avenue on the west and southbound U.S. Highway No. 1 (N.E. - S.E. 5`h Avenue) on the east. 3 ORD. N0.45-07 (,B) No motorcycles except for authorized law enforcement motorcycles shall be permitted to travel east or west on Atlantic Avenue between Swinton Avenue on the west and southbound U.S. Highway No. 1 (N.E. - S.E. 5`s Avenue) on the east between the hours of 7 a.m. and 11 p.m. Section 3. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.02, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended to read as follows: Motorcycles: An unenclosed motor vehicle having a saddle for the use of the operator and two (2) or three (3) wheels in contact with the ground, , ~s but excluding a tractor or moped. Noise Disturbance. ~ Raucous noises sehiek: Person. Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State. )arson shall be additionally construed to mean reasonable persons of ordinary sensibilities. Raucous Noise. A term which shall mean any sound which. because of its volume level, duration. character, and time of daK annoys. disturbs. inures, or endangers the comfort. health,~peace or safety of reasonable persons of ordinary sensibilities within the limits of the Citv. Section 4. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.04, Loud and Unnecessary Noises Enumerated; Exemptions", Subsection (A), "Certain Acts Declared Unlawful", (1)(a) and Subsection (14), "Motor Vehicles Operating on a Public Right-of-Way", of the Code of Ordinances of the City of Delray Beach, shall be amended to read as follows: Sec. 99.04. LOUD AND RAUCOUS NOISES ENUMERATED; EXEMPTIONS. (A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among others are declared to be unlawful and in violation of this Chapter: (1) Noise for Entertainment Purposes: It shall be unlawful for any person or persons to play, use, operate or permit to be played, used or operated, any radio, musical instrument, phonograph or other machine or device for the producing or reproducing of sound if such sound is for the purpose of entertainment or is used for that purpose and can be heard from the distances stated in subsection (a) or violates the parameters set forth in subsection (b). 4 ORD. N0.45-07 (a) Violation will occur if the noise source is located within an automobile, in or upon a public street, highway, building, sidewalk, park, thoroughfare or other public area, or is located in or upon a public access area, such as a shopping mall, parking lot or the like, or on any private property, and the sound can be heard more than ~A} twen -five (251 feet from its source or, if the noise source is in a building or other structure and the sound can be heard more than one hundred (100) feet away from the building or structure or the boundaries of the property surrounding such building or structure, whichever is greater. (14) Motor Vehicles Operating on a Public I~tght-of-Way. ~ Failure to operate ~ motor vehicles on a Public Right-of--Way ~re~egtdated as set forth in the Florida Motor Vehicle Noise Prevention and Control Act of 1974, ~-~`~: rovi ed in F.S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended;~n~l Motorcvcks. Failure for ~ motorcycles manufactured after December 31. 1982 as required by the Federal Environmental Protection Agency ("EPA") noise emissions regulations 40CFR205 parts D&E, pursuant to the Noise Control Act ("NCA") of 1972. to include: (,1) labeled exhaust systems, free of defects or modifications, that state thev meet federal noise emissions standards, in accordance to the maximum dBA levels for the model years listed below: and. (21 all other related equipment to include chaise mounted labels (as a means to facilitate vehicle and exhaust system applicabilit,~l, and other integral exhaust system components. Nothing in this section shall prevent the installation of U.S. EPA approved low noise emission mufflers onto these motorcycles. 1. Exceeding_the maximum U.S. EPA noise emission muffler ratings for highway use motorcycles manufactured: a. After 1982 and before 1985: 83dBA b. After 1985 to present: 80dBA (c) Mufflers. Failure to limit loud and unreasonably excessive or raucous noise of every motor vehicle, motorcycle, and motor-driven cycle muffler. (d)id Throttle Advance. Rapid throttle advance (revving) of an internal combustion engine of a motor vehicle, motorcycle, or motor-driven cycle resulting in increased noise from the engine. 5 ORD. N0.45-07 Section 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. e ti n 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ction 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2007. ATTEST: MAYOR CITY CLERK First Reading Second Reading 6 ORD. N0.45-07 V~~~ ~~ v _ CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING -TUESDAY. OCTOBER 16, 2007 6:00 P.M. -COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS: 7. PRESENTATIONS: E. Presentation of Ceremonial Checks from the South Florida Waste Management District (SFWMD) for the Alternative Water Supply (AWS) grant -Dick Hasko, Director of Environmental Services 9. REGULAR AGENDA F. DESIGNATION OF VOTING DELEGATE/NATIONAL LEAGUE OF CITIES ANNUAL BUSINESS MEETING/CONGRESS OF CITIES: Consider designating a voting delegate and an alternate to the National League of Cities Annual Business Meeting/Congress of Cities to be held at the Ernest N. Morial Convention Center in New Orleans, Louisiana on November 17, 2007. ******************************************************************************** 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. To strengthen and promote cities as centers of opportunity, leadership, and governance. National league of Cities 1301 Pennsylvania Ave., N.W. Washington, DC 20004-1763 202-626-300D Fax: 202-626-3043 vvvvw.nlc.org zoDi on~~ars President Bart Peterson Mayor Indianapolis, Indiana First Vice President Cynthia McCollum Council Member Madison, Alabama Second Vice President Kathleen Novak Mayor Northglenn, Colorado immediate Past President James C. Hunt Councilmember Clarksburg, West Virginia Executive Director Donald J. Borut Recycled Paper ~; September 28, 2007 ~~~ Q MEMORANDUM ~~`~~ COY ~~.f~fC TO: Direct Member Cities FROM: Donald J. Borut, Executive Director SUBJECT: Congress of Cities Voting Delegates The National League of Cities Annual Business Meeting will be held on Saturday, November 17, 2007, at the conclusion of the Congress of Cities and Exposition in New Orleans. As a direct member city, your city is entitled to vote at this meeting. Based on population, each member city casts~ietween one and twenty votes. The number of votes for each population range can be found on the table on the reverse of this memorandum. To be eligible to cast a city's vote, a voting delegate and alternate must be officially designated by the city using the enclosed credentials form. This form will be forwarded to NLC's Credentials Committee. NLC bylaws expressly prohibit voting by proxy. City elected officials should be made aware of this request so that decisions can be made as to who will be the voting delegate and alternate(s). At the Congress of Cities, the voting delegate must pickup the city's voting card at the credentials booth before the Annual Business Meeting and must be present at the Annual Business Meeting to cast the city's vote. Alternates should also visit the credentials booth before the meeting to pick up their stickers which identify them as alternate voting delegates. The credentials booth will be open throughout the Congress of Cities. Please return the completed form to NLC by fax at 202-626-3043 on or before October 31, 2007, and keep the original for your own files. If you have any questions or concerns, contact Ken Rosenfeld, NLC policy manager, at rosenfeld@nlc.org or 202-626-3027. Thank you. Past Presidents: Clarence E. Amhony, Mayor, South Bay, Florida • John DeStetana, Je, Mayor, New Haven, Connecticut • Brian J. 0"Neill, Councilman, Philadelphia, Pennsylvania • DireMers: R. Micheal Amyx, Executive Director, Virginia Municipal League • Susan Burgess, Mayor Pro Tem, Charlotte, North Carolina • Thomas Carlson, Mayor. Springfield, Missouri • Susan Cave, Executive Director, Ohio Municipal League • Deborah Denard Delgado, Councilwoman, Hattiesburg, Mississippi • Jasaph Donaldson, Mayor, Flagstaff, Arizona • Pet Eklund, Council Member, Novato, California • Ted Ellis, Mayor, Bluffton, Indiana • Makia Epie, Council Member, Cedar Hill, Texas • Margaret Finlay, Councilmemher, Duarte, California • Rene Flowers, Councilmember, St. Petersburg, Florida • John Franklin, Councilmemher. Chattanooga, Tennessee • Gary Graham, Mayor, O'Fallan, Illinois • Donald A. Graesser, Mayor, Ralston, Nebraska • Jeanne Harris, Councilmember. Vancouver, Washington • Daun S. Hester, Council Member, Norfolk, Virginia • Charles Hughes, Councilman-At-Large, Gary. Indiana • Steven Jeffrey, Executive Director, Vermont League of Cities and Towns • Michael E. Johnson, Council Member, Phoenix, Arizona • Martin Jonas, Council Member, Conyers, Georgia • Jennifer L Nim, Council Member, Austin, Texas • Daisy W. Lynum, Commissioner, Orlando, Florida • Margaret Mahery, Executive Director, Tennessee Municipal League • Cymhia Mangini, Councilman-Al-Large, Enfield, Connecticut • Marcia Marcoux, Councilmember, Rochester, Minnesota • Henry MarraHa, Jc, Councilman, Gaithersburg, Maryland • Tom Ed McHugh, Executive Director, Louisiana Municipal Association • Darryl Moss, Mayor, Creedmoor, North Carolina • James Perkins, Jc, Mayor, Selma, Alabama • Daniel Pocek, Mayor, Bedford, Ohio • Richard Radcliffe, Councilman, Greenacres, Florida • Lynn Rex, Executive Director, League of Nebraska Municipalities • Julie Aberg Rohison, Council Member-At-Large, Cary, North Carolina • Shirley Scoff, Council Member, Tucson, Arizona Anne Sinclair, Council Member, Columbia, South Carolina • Walter Skowron, Council Memher. Loveland, Colorado • Connie Spryncrynatyk, Executive Director. North Dakota League of Cities • Nen Strobeck, Executive Director, League of Arizona Cities and Towns • Lynne Whalen, Council Woman, Casper, Wyoming • Dennis Zine, Councilman, Las Angeles, California-~ Pm ~• NATIONAL LEAGUE OF CITIES 2007 CONGRESS OF CITIES. NEW ORLEANS, LOUISIANA Number of Votes -Annual Business Meeting Direct Member Cities Article IV, Section 2 of the National League of Cities bylaws specifies the number of votes that each NLC direct member city is entitled to cast at the Annual Business Meeting at the Congress of Cities. Member cities are required by the bylaws to cast unanimous votes. CITY POPULATION (per 2000 Census) NUMBER OF VOTES Under 50,000 1 vote 50,000 - 99,999 2 votes 100,000 - 199,999 4 votes 200,000 - 299,999 6 votes 300,000 - 399,999 8 votes 400,000 - 499,999. 10 votes 500,000 - 599,999 12 votes 600,000 - 699,999 14 votes 700,000 - 799,999 16 votes 800,000 - 899,999 18 votes 900,000 and above 20 votes z O a V3 z a 0 =i 6/S w H V ~ O Iii a ~ ~z. rA~ ~ W p~ d a N cnn F U w 0 z 0 z C ~ la O v () J O =Z `~- d .O. N O V d X ~a~ d m d~ a~ d 'o N ~ N! of J O Z C w C ~ L ~~~ d V ~ ~ C d 'y O d~~ N ++ ~_ CI ~ 'O ~ .a = o = ~ ~ ea c O N ~_ ~ ~ H °c ca N ~ ~ r ~ H v ~N,~ m !Q C d ~+ d O d R Za~~ c c ~oR• ~``-°"m ..3~ ~ ~dti do O V! ~ N C ~ C M +' v p ~- Cd ~ , G ~ ~ O ~• M ,M m °a~O C 7 ~ ~ C 3 d R ~ m ~ ~ ~ t0 ~ ~Ct M a ; ~~ N +' N ~ N Qa~.+~N W ~Q Zy o Oy ~ M ~ Z .N +-~ V ~ ~ LPL ~ 0 3 ~ ~ `- N N ~o . ~ - ~ LL Z 0 0 ~ W J ~_ H W J ~_ H .~ . . W Q ` V W J W D ~ W Z ~ O J W W ~ ~ W Z W ~ C7 g ~ Z ~ J Z Z O ~ ~ Q N M O 0 N M Z m F" V H Oa m V ~ O M Zdo ~~~o C F N OC N oar H=X H Y LL Q W DZ QO ~~ N ~ a W N W d m O c a~ N Q .~ t 0 c t O di