Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
02-17-04 Agenda Reg
City of Delray Beach Regular Commission Meeting Tuesday, February. 17, 2004 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 ~ 1st Avenue Delray Beach, Florida 33~.~.~. Phone: ($61) 24~-7000 Fax: ($61) 243-3774 RULE8 FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to thc start of thc 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 keep'mg. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person mak/ng impertinent or sianderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presid/ng 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 prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to partidpate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commassion Chambers. 2. 3. 4. 5. ROI J. C.~ ~ J-, INVOCATION. PLEDGE OF At.t.~.GIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: February 3, 2004 - Reg,,hr Meeting February 10, 2004- Spee{~! Meeting PROCLAMATIONS: · Recognizing Black History Month - February 2004 PRESENTATIONS: · Model of New Library-John Callahan CONSENT AGENDA: City Manager Recommends Approval. COMBINED PRELIMINARY/FINAL SUBDIVISION PLAT APPROVAL/ BEXLEY PARK1 Approve the subdivision plat for Bexley Park, a 264 unit residential development, located north of Lake Ida Road, between Military Trail and Barwick Road. ACCEPTANCE OF EASEMENT DEED/ENDRES OFFICE BUILDING: Approve and accept an casement deed from Jude A. Endres for the maintenance of a sidewalk, located at 137 N.W. Ist Avenue. RESOLUTION NO. ll-04/TRANSFER OF PROPERTY: Approve Resolution No. 11-04 which transfers property located just southeast of Salina Avenue and Atlantic Avenue to Boston's Inc. to continue to be utilized for parking. CONTRACT ADDITION/AOUIFER MAINTENANCE AND PERFORMANCE SYSTEMS. INC.: Approve contract addition to the Well Rehabilitation and Replacement Project in the mount of $40,000.00 to Aquifer Maintenance and Performance Systems, Inc. for additional production well rehabilitation services due to unexpected well/pump failures. Funding is available from 442-5178-536-61.82 (Well Rehab'ditation/Replacement). COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of a funding agreement with one (1) sub-recipient (Fair Hous'mg Center of the Greater Palm Beaches, Inc.) under the Community Development Block Grant (CDBG) program for FY 2003-2004, with the total funding in the amount of $3,000.00. Funding is available from 118-1961-554-49.17 (CDBG Promotion of Fair Housing). 02-17-2004 EXTENSION/PARKING LICENSE AGREEMENTS; Approve an extension to the current parking license agreements through April 30, 2004. SERVICE AUTHORIZATION NO. 19/MATHEWS CONSULTING. lNG,: Approve Service Authorization No. 19 to Mathews Consulting, Inc. in the amount of $74,445.00 for design of water main upgrades and associated improvements to SW 11' Avenue, $.W. 12' Avenue, and S.W. 3~d Street. Funding is available from 442-5178-536- 65.97 (Water/Sewer Renewal/Replacement Fund/Other Improvements/S.W. 12' Ave., S.W. 11th Ave. and S.W. 3'a St.). HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve Hous'mg Rehabilitation grant/contract awards through Community Development Division in the amount of $21,939.75 to South Florida Construction (820 S.W. 5~h Avenue) and $22,863.75 to South Florida Construction (241 N.W. 7' Avenue). Funding is available from 118-1924-554-49.19 (Community Development/SHIP Grant/Housing Rehal~flitation). PURCHASE ORDER INCREASE/FERRIC CHLQRIDI~; Approve an increase of $12,000.00 to blanket purchase order gt615040 to cover payments for Femc Chloride delivery for November and December, 2003. Funding is available from 441-5122-536- 52.21 (Water/Sewer Fund/Chemicals). PURCHASE ORDER INCREASE/POOL HEATER: Approve an increase of $16,406.60 to purchase order #617399 for an additional pod heater to be installed at Pompey Park Pool. Funding is available from 334-6112-519-46.10 (General Construction Fund/Building Maintenance). REVIEW OF APPEAI. a~LE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 2, 2004 through February 13, 2004. AWARD OF BIDS AND CONTRACTS: Purchase award to Duval Ford in the amount of $33,545.00 via the Florida Association of Counties Bid #25 for the purchase of one (1) 2004 Ford F550 Crew Cab and Chassis Community Service Vehicle to provide improved deployment capability for equipment and supplies needed to assist residents following fires and other destructive incidents. Funding is available from 001- 2315-526-64.20 (General Fund/Automotive) and 115-0000-248-64.00 (Special Projects Fund/Fire Rescue). Purchase award to Vermeer Southeast Sales & Service, Inc. in the amount of $26,800.00 for the purchase of a TS44A Tree Spade for the Parks and Recreation Department. Funding is available from 119-4144-572-64.90 (Beautification Trust Fund/Mactfinet'y/Equipment). Purchase award to Mike Davidson Ford in the amount of $16,479.00 via the Florida Sheriff's Association Contract, Florida Association of Counties Contract, and Florida Fire Chief's Association Contract #03-11-0825, Specification #14 for the purchase of a 2004 Ford E-150 Club Wagon for the 02-17-2004 Fire Dep~U~ent. Funding is available from 001-2315-526-64.20 (General Fund/Automotive). Purchase award to Hector Turf in the amount of $38,424.97 via the General Service Administration (GSA) Contract #GS-07F-8722D for the purchase of two (2) Toro Greensmaster 3100 Tractor Units for the Municipal Golf Course. Funding is available fi:om 446-4761-572-64.90 (Lakeview Golf Course Fund/Other Machinery/Equipment) and 445-4761-572-64.90 (Municipal Golf Course Fund/Other Machinery/Equipment). Contract award to Engineered Environments, Inc. in the amount of $104,704.00 for the Lifeguard Towers Phase II project. Funding is available fi:om 334-6112- 519-62.14 (General Construction Fund/Lifeguard Towers) and 115-0000-248- 80.00 (Special Projects Fund). Contract award to Randolph and Dewdney Construction, Inc. in the amount of $80,596.45 for construction of a cemetery restroom/storage building at the Municipal Cemetery. Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings). RESOLUTION NO. 14-04: Approve Resolution No. 14-04 opposing the proposed constitutional amendment which requires referenda for adoption and amendment of local government Comprehensive Land Use Plans. 9. REGULAR AGENDA: MACARTHUR FOUNDATION GRANT/REVISED BUDGET: Consider approval of the revised consulting contract between the City and JEG & Associates, revised budget, tasks, and the implementation strategy and authorize submission to the MacArthur Foundation. RATIFICATION OF THE SISTER CITIES BOARD OF DIRECTORS FOR 2004: Consider approval and ratification of the proposed slate of Directors for the Sister Cities Committee for 2004. PARKING MANAGEMENT ADVISORY BOARD (PM. AB): Consider approval of a modification to the Parking Management Advisory Board (PMAB) by-laws regarding achieving a quorum. DAVIS CUP TIE: Discuss hosting the 2004 Davis Cup Tie to be held April 9-11, 2004. REOUEST FOR FINANCIAL SUPPORT/S.D. SPADY ADVANCED CHORUS: Consider a request for financial support to send the S.D. Spady Advanced Chores to New York to perform at Carnegie Hall. 02-17-2004 10. PURCHASE AWARD/C.K.'S SECURITY SYSTEM: Consider approval of a purchase award to C.K.'s Security System in the mount of $44,188.00 for security upgrades at the Police Department to meet the Florida Law Enforcement Accreditation. Funding is available from 115-2128-521-64.90 (Special Projects/Other Machinery/Equipment) and 001-2111-521-64.90 (General Fund/Other Machinery/Equipment). APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION ~ Appoint five (5) members to the Public Arts Implementation Committee for a term ending June 30, 2004. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5). APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL.' Appoint one (1) member to the Neighborhood Advisory Council for an unexpired term ending October 31, 2004 for Zone One. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). PUBLIC HEARINGS: ORDINANCE NO. 10-04: An ordinance rezoning from POC (Planned Office Center) to RM-9 (Medium Density Residential-9 dwelling units per acre) for a 5.04 acre parcel of land to be known as Atlantic Palms located on the south side of West Atlantic Avenue, approximately 140 feet east of Whatley Road. (Ouasi-JudicialHeating) ORDINANCE NO. 8-04: An ordinance amending the Land Development Regulations, enacting a new Subsection 2.4.3(K)(6), "Delray Beach Fire-Rescue Dep~lment Fees". ORDINANCE NO. 11-04: An ordinance providing for the adoption and enforcement of the minimum State Fire Code together with local amendments recommended by the Fire DepaxUnent. ORDINANCE NO. 13-04 (FIRST READING/FIRST PUBLIC HEARING~: An ordinance amending Land Development Regulations proposing a four month moratorium on Adult Arcade Establishments. If passed, a quasi-judicial public heating will be scheduled for March 11, 2004. ORDINANCE NO. 9-04 (SECOND READING/SECOND PUBLIC ~ An ordinance amending the Land Development Regulations Section 4.4.17, RO (Residential Office District), Subsection 4.4.17(tl)(2) regarding duplex stmctures. ORDINANCE NO. 12-04: An ordinance amending Ordinance No. 20-03, that adopted Comprehensive Plan Amendment 2003-02, regarding compliance with the Florida Depaitment of Community Affairs (DCA) Objections, Recommendations and Comments (ORC) report. 02-17-2004 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. 12. 13. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ORDINANCE NO. 16-04: An ordinance amending Chapter 35, "Employees Policies and Benefits", Section 35.097, "Retirement Income; Basis Amount and Payment", to provide additional optional forms of benefit. If passed, a public heating will be scheduled for March 11, 2004. ORDINANCE NO. 17-04: An ordinance amending Chapter 33, "Police and Fire Departments", Pensions, Section 33.60, "Definitions", clarifying the definition of earnings to include certain educational supplemental incentive payments and to exclude certification and other payments. If passed, a public hearing will be scheduled for March 11, 2004. ORDINANCE NO. 18-04: An ordinance amending Chapter 33, "Police and Fire Depaitiiients", Section 33.62, "Benefit Amounts and Eligibility", providing an enhanced multiplier benefit option for the Police and Fire Pension Plan. If passed, a public hearing will be scheduled for March 11, 2004. ORDINANCE NO. 19-04: An ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.11, "Definitions", to provide for definitions regarding design-build contracts. If passed, a public hearing will be scheduled for March 11, 2004. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. PO8TED: A. City Manager B. City Attorney City Commission FEBRUARY t 3~ 2004 02-17-2004 FEBRUARY 3~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 3, 2004. 1. Roll call showed: Present- Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle Nubin, Deputy City Clerk The opening prayer was delivered by the City Manager. given. The Pledge of Allegiance to the flag of the United States of America was AGENDA APPROVAL. Mr. Levinson requested that Item 8.K., Ratification of the Sister Cities Board of Directors for 2004 be postponed to thc City Commission meeting of February 17, 2004. Mayor Perlman requested that Item 8.L., Agreement/Horse Drawn Carriages~ Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.I. Mr. Costin moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of January 6, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 02/03/04 Mrs. Archer moved to approve the Regular Meeting of January 13, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to approve the Special Meeting of January 16, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the Special Meeting of January 22, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: 6.A. Recognizing and Commending the Delra¥ Rocks Football & Cheerleading Squads Mayor Perlman read and presented a proclamation hereby proclaiming the Delray Rocks and Cheerleaders to be "Champions among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida." The following individuals came forward to accept their proclamations: Phil Demps - Football Coach Jerome Jackson - Football Coach Walter Stephens - Football Coach Gerrall Lewis - Football Coach Ruby Stevens - Cheerleaders David Ricks & Ben Leonard - Pompey Park 6.B. Celebrating the 100th Year Anniversary of Masonic Lodge #275 - January 2004 Mayor Perlman read a proclamation hereby proclaiming February 3, 2004 as the day for the City of Delray Beach to officially recognize the spirit of community action displayed by Masonic Lodge Number 275 of Delray Beach for the past one hundred years. 6oCo Recounizine Eneineers Week - February 22-28~ 2004 Mayor Perlman read a proclamation hereby proclaiming February 22, 2004 through February 28, 2004 as Engineers Week. -2- O2/03/O4 7. PRESENTATIONS: 7.A. "Sootlieht on Education" - Debra Johnson~ Principal of High Tech Middle School 98-GG Debra Johnson, Principal of High Tech Middle School 98-GG stated the High Tech Middle School is scheduled to open in August 2004 Grades 6-8 and explained the school is very unique in many facets. Ms. Johnson stated they are working with corporate sponsorships to do innovative practices such as providing a wireless network environment for the students in the school, providing surround sound and wireless microphones for both teachers and students in the classroom environment, providing internet access for students as a supplement so that students from the school, the school library, the public library, or their parents can check the students' calendars to monitor their academic progress and their special activities after school. Ms. Johnson stated the 6th grade has now reached a lottery status; however, she is still looking for 7th and 8th graders. Ms. Johnson stated the student capacity is approximately 1,300 and as of yesterday she has received approximately 880 applications. Janet Meeks, Education Coordinator, stated the Palm Beach County School Board will not vote on the final boundaries of the school until their Workshop meeting of February 23, 2004. 7.B. Appreciation for "Read to Students' Daf" - Seacrest Christian Elementary School Linda Kinbacher, School Librarian at Seacrest Christian Elementary School, stated the children presented a "Thank You Booklet" to the person who read to their class last November 19th for Children's Book Week. Listed below are the children and the Reader for their class: GRADE CHILD READER Kindergarten Delaney Cattano Max Proulx Mrs. Jane Trimble-Jackson Nurse Practitioner & Parent Grade Erin Wadhams Mrs. Barbara Garito Delray Beach City Clerk 2nd Grade Emily Kishbaugh Chief Larry Schroeder Delray Beach Fire-Rescue 3~d Grade Taryn Santiago Mrs. Susan Ruby Delray Beach City Attorney 4th Grade Julie Byron Chief Kerry Koen Delray Beach Fire-Rescue -3- 0~03~4 5th Grade Ana Hudson Mr. Jeff Perlman Delray Beach City Mayor 7.C. Gift of Fire Fighter Statue to Fire-Rescue Department - Marcia Hiees~ Urdl's Water Gardening Center, Inc. Kerry Koen, Fire Chief, introduced Marcia Higgs, Urdl's Water Gardening Center, Inc. who presented a statue of a fireman to the Fire-Rescue Department and thanked her for the donation. Marcia Higgs, Urdl's Water Gardening Center, Inc. stated it is her pleasure to donate the statue named "The Fireman" to the Fire-Rescue Department and thanked them for their dedication and stated it is greatly appreciated. 7.9. Glory Awards - Edith Thompson Mr. Shannon Wilson, representing Edith Thompson, stated he is formally requesting seed money in the amount of $11,000 to be reimbursed to the City of Delray Beach in the month of October and noted this is the third year for the Glory Awards. The City Manager gave direction to Mr. Wilson to submit a formal written request including the event budget to the City Manager's office. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of January 15, 2004. 8.B. RESOLUTION NO. 12-04: Approve Resolution No. 12-04 authorizing the appropriation and expenditure of matching grant fimds in the amount of $65,000.00 to the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) for engineering design, permitting, and construction of the next phase of the reclaimed water treatment expansion project. Funding is available from 441-5181-536-63.95 (Water/Sewer Fund). The caption of Resolution No. 12-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF $65,000.00 FROM THE CITY OF DELRAY BEACH'S CONNECTION FEE FUND TO BE USED FOR THE NEXT PHASE OF THE RECLAIMED WATER TREATMENT EXPANSION PROJECT AT -4- 02/03/04 THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT PLANT; PROVIDING FOR DISTRIBUTION; PROVIDING FOR AN EFFECTWE DATE. (The official copy of Resolution No. 12-04 is on file in the City Clerk's office.) 8.C. FINAL PAYMENT/GAMETIME~ INC.: Approve a $7,921.04 decrease to Purchase Order #610147, and final payment in the amount of $150,117.71 to Gametime, Inc. for completion of skate park equipment installation at the Community Teen Center's Skate Park. Funding is available from 117-6111-572-63.40 (Recreation Impact Fees/Recreation Improvements). 8.D. TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve sea turtle monitoring services for FY 2004 with John Fletemeyer in an amount not to exceed $27,304.20. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund). 8ogo SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $15,226.00 to allow the applicant to secure new financing. 8.F. RESOLUTION NO. 10-04: Approve Resolution No. 10-04 and the Maintenance Agreement between the State of Florida Department of Transportation and the City for the beautification of U.S. Highway 1 at Linton Boulevard. The caption of Resolution No. 10-04 is as follows A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM OF AGREEMENT FOR IMPROVEMENTS TO US 1, 1200 FEET SOUTH OF LINTON BOULEVARD TO 1500 FEET NORTH OF LINTON BOULEVARD AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. (The official copy of Resolution No. 10-04 is on file in the City Clerk's office.) 8oGo INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/BUS SHELTERS: Approve an Interlocal Agreement between the Commtmity Redevelopment Agency (CRA) and the City for bus shelters in the amount of $129,120.00. -5- 02/03/04 8.H. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $23,750.00 for new construction on N.W. 13th Avenue. This brings the number to 156 homeowners assisted under the Renaissance Program. Funding is available fi.om 118-1924-554-49.20 (Home Owner Subsidy). 8.I~ SPECIAL EVENT REQUEST/HOWARD ALAN 7th ANNUAL WINTER STREET CRAFT FESTIVAL: Approve a special event request to allow the 7th Annual Delray Beach Winter Street Craft Festival sponsored by Howard Alan Events, Ltd. to be held on February 28-29, 2004 fi.om 10:00 a.m. - 5:00 p.m., including a temporary use permit per LDR Section 2.3.6(H) for street closures of NE/SE 4th Avenue, one block north/south of Atlantic Avenue as well as the north end o£ Hand's parking lot £or vendor parking and staff support for security, with the event sponsor paying all overtime costs. 8.J. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Approve a special event request to allow the 36t" Annnal St. Patrick's Day Parade to be held on Saturday, March 13, 2004 beginning at 2:00 p.m., including temporary usc permits per LDR Section 2.3.6(H) for street closures of Atlantic Avenue from Venetian Drive to the County Courthouse for thc parade and Venetian Drive and Gleason Street for staging of parade entries from 12:00 p.m. to approximately 3:30 p.m., staff support for traffic control and security, barricading, trash removal, and assistance in obtaining the FDOT permit, use and set up of half of the small stage, waiver of LDR's Section 4.6.7(F)(3)(j)(ii) to allow event signagc to be placed no earlier than March 3, 2004 with event sponsor paying approximately $677.50 in overtime costs; contingent upon specified conditions contained in 1/20/00 memo being met, the receipt of a hold harmless agreement and certificate of liability insurance. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.1. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 12, 2004 through January 30, 2004. AWARD OF BIDS AND CONTRACTS: Contract award in the amount of $384,790.00 to Daytech Manufacturing, Inc. for the purchase, assembly and installation of forty-seven (47) bus shelters at selected sites throughout the City. Funding is available from 334-3162-544-65.70 (Bus Shelters). Contract award to RSI of Florida, Inc. in the amount of $77,937.00 for the re-roofing of the Utilities Maintenance Building project. Funding is available from 442-5178-536-62.10 (Water/Sewer -6- 02/03/04 Renewal and Replacement Fund/Buildings). Mr. Costin moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. WAIVER REQUEST/BERMUDA GARDENS: Consider a request to waive Land Development Regulations Section 4.3.4(K) to reduce the lot size and lot width in association with a proposed subdivision at 924 Bermuda Road, located at the southwest comer of Bermuda Road and State Road A-DA. (Quasi-JudicialHearing). Mayor Perlman read into the record the City of Delray Beach procedures for conducting a Quasi-Judicial Hearing for this item and subsequent Quasi-Judicial Hearing items held this evening. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-086 into the record. The subject property is located at the southwest comer of South Ocean Boulevard and Bermuda Gardens Road and currently contains a 1-story single family residence with associated pool and enclosure. The property is currently zoned RM (Multiple Family Residential) and has a Future Land Use Map designation of MD (Medium Density Residential, 5-12 Units/Acre). The applicant is proposing to subdivide the existing lot into two single-family lots. Mr. Dorling stated the applicant is requesting a waiver to the minimum lot standards and noted that within the RM (Multiple Family Residential) zoning district the multi-family development could be accommodated on this parcel which would accommodate three units. The entire street is made up of single family homes. Mr. Doffing stated rather than demolish the existing structure and develop a duplex or a multi-family structure the applicant would like this waiver request so that he can build two single family homes. The required waiver findings to LDR Section 2.4.7(B)(5) are made in the Planning and Zoning staff report and staff recommends approval. Mayer S. Abbo, 766 S.E. 5th Avenue, Delray Beach (Architect), stated he is present this evening to answer any questions the Commission may have and gave a brief presentation of the overall layout of the two homes on the site. -7- 02/03/04 Mayor Perlman asked if anyone from the public would like to address the Commission regarding the waiver request, to please step forward at this time. Mr. Levinson moved to approve the waiver to LDR Section 4.3.4(K) (Development Standards Waiver) to reduce the lot size of Proposed Lot 1 and to reduce the lot width of Proposed Lot 2 to the dimension noted in the table as included in the Planning and Zoning staff report based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUEST/BANKOFF TOWNHOMES: Consider a request to waive the required front setback in the CBD (Central Business District) to allow a front setback of 25' 6" for the Bankoff Townhome project, located on the west side of Seabreeze Avenue, approximately 230 feet north of East Atlantic Avenue. (Quasi- Judicial Hearing) The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-047 into the record. Mr. Doffing stated the property was utilized as the drive-through teller facilities and parking for the Bank of America located to the west on the intracoastal north of Atlantic Avenue. At its meeting of January 7, 2004, SPRAB approved a Class V site development plan for a four unit 2-story development on this property. Pursuant to LDR Section 4.4.13(G)(2)(a), for those properties zoned CBD located east of the Intracoastal Waterway the required front setback is not less than 5' and not greater than 10'. This was to promote a more urban feel and primarily is geared toward non-residential uses. The proposed front setback of the townhomes is 25' 6". The applicant has requested a waiver to exceed the maximum setback of 10'. At its meeting of January 7, 2004, the Site Plan Review and Appearance Board considered the waiver request and recommended approval (6 to 0) of the waiver to allow the increase of the front setback to 25' 6". Staff recommends approval of the waiver based upon positive findings with respect to LDR Section 2.4.7(B)(5). Gary Eliopoulos, Architect, briefly explained the design of the townhomes and stated he feels this project is appropriate. Mr. Eliopoulos stated there are 25' -8- 02/03/04 setbacks and one can enter the two end units from the side and one can enter the two center units through the courtyards. Mr. Eliopoulos stated each unit is a two-story unit and each unit is approximately 4,000 square feet. Mayor Perlman asked if anyone from the public would like to address the Commission regarding the waiver request, to please step forward at this time. Mr. Costin moved to approve the waiver to allow the increase of the required setback to 25' 6" for the Bankoff Townhomes based upon positive findings with respect to LDR Section 2.4.7(B)(5), seconded by Mrs. Amher. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.C. APPRAISAL FOR CITY PARCEL: Consider a developer request to buy a City owned parcel of land, located south of S.W. l0th Street between S.W. 9th Avenue and S.W. 10th Avenue; and authorize staff to proceed with appraisal. After brief discussion, it was the consensus of the Commission to proceed with the appraisal. 9,9. PROPOSAL FOR SETTLEMENT IN CLARA OUTRAM v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $24,999.99 in Clara Outram v. City of Delray Beach. The City Attorney's Office recommends denial. Consider a counter-offer Outram v. City of Delray Beach in the amount of $7,500.00. Mr. Levinson moved to approve the proposal for settlement in the amount of $24,999.99 in Clara Outram v. City of Delray Beach, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No. Said motion was DENIED with a 5 to 0 vote. Mr. Levinson moved to approve the counter-offer in the amount of $7,500.00 in Clara Outram v. City of Delray Beach, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9oEo LAWSUIT: L.L.C. METRON-FARNIER~ L.L.C./AUTHORIZATION TO DISMISS Consider authorization to dismiss the lawsuit against Metron-Famier, The City Attorney briefly explained this item and commended Terrill Pyburn, Assistant City Attorney for a job well done. - 9 - 02/03/04 Mr. Costin moved to approve authorization to dismiss the lawsuit against Metron-Famier, L.L.C., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9oFo EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE (EMPA) GRANT APPLICATION: Approve and authorize the Mayor to execute Emergency Management Preparedness and Assistance grant submittal documents for the City. Dick Hasko, Director of Environmental Services, stated this item is a request to approve and authorize the Mayor's signature on applications for four (4) Emergency Management Preparedness and Assistance Program Grants through the State. He stated staff is planning to submit applications for four (4) projects and will request 50% grant money and a 50% match on each project. Mr. Hasko stated the first project is for Fire-Rescue Headquarters overhead door replacements. The overhead door replacement project would bring the main Fire-Rescue Headquarters facility (which is also the City's Emergency Operations Center) up to current building standards as it relates to hurricane wind capacity. The budgeted cost for the overhead doors is $100,000. In addition, Mr. Hasko stated the second project is a $300,000 budget for stormwater pump station rehabilitation on the barrier island and commented there are a series of pump stations that are approaching ten years in age and because of the environment the pumps and equipment work in, they have a relatively short life span in terms of capital equipment. The third project planned is for drainage improvements and connection to one of the City's stormwater pump stations in the Melaleuca Road/Seasage Drive/Tamarind Road area which has a $520,000 budget. Mr. Hasko stated the fourth project would be to complete the hurricane shutters for the bottom floor of the Police Department and the estimated budget is $50,000. Mr. Hasko stated the City must show proof of the match and commented staff obtained the documentation out of the Capital Plan. He stated the $100,000 for the Fire-Rescue Headquarters overhead door replacement does not appear in the Capital Plan. Therefore, Mr. Hasko asked for approval from the Commission for the City to provide the matching funds for this project if the City is awarded the grant. The Commission directed staff to forward this information to all the members of the Legislative Delegation in addition to Kathy Daley, City Lobbyist. Mr. Costin moved to approve the Emergency Management Preparedness and Assistance (EMPA) Grant Applications and authorize matching fimds as set forth in the memorandum dated January 30, 2004; and, authorize the Mayor to execute the documents for the City of Delray Beach, seconded by Mrs. Amher. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. -10- 02/03/04 9.G.~. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police and Firefightcrs Retirement System Board of Trustees to fill an unexpired term ending April 22, 2005. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Gilbert Forbes as a member to the Police and Firefighters' Retirement System Board of Trustees to fill an unexpired term ending April 22, 2005, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9,Ho APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION COMMITTEE: Appoint four (4) members to the Public Arts Implementation Committee for a term ending June 30, 2004. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4). This item has been postponed due to a request from Glenn Weiss and Carolyn Pendeiton-Parker. This item has been postponed to a date certain of February 17, 2004. 9. I. AGREEMENT/HORSE DRAWN CARRIAGES~ INC.: Approve an agreement between the City and Horse Drawn Carriages, Inc. to continue to provide horse and carriage rides along Atlantic Avenue Wednesday through Saturday until May 2, 2004. Mayor Perlman expressed concern over the horse drawn carriage rides operating after the holiday season. He sees this as something special because it is for a finite period of time associated with the holidays. Mayor Perlman stated this service will lose its novelty if extended through the month of May. Mrs. Archer stated because there are so many visitors who come to Delray Beach, she feels this service adds a great deal of charm to the city. Mr. Costin concurs with comments expressed by Mrs. Archer. In addition, Mr. Costin stated the visitors in town are the ones that take advantage of the uniqueness of the horse drawn carriage rides and overall he feels this is a good service to provide. Ms. McCarthy asked if this is approved for a longer period of time that there be appropriate caretakers for these horses so they do not incur abuse and are not overworked. Mrs. Archer stated as the weather gets warmer and warmer she would like to be sure that the horses have appropriate water and are not exposed to extended periods -11- 02/03/04 of overheating. Mr. Costin moved to approve the agreement between the City of Delray Beach and Horse Drawn Carriages, Inc. to provide horse and carriage fides along Atlantic Avenue until May 2, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - No; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 1 vote, Mayor Perlman dissenting. At this point, the Commission moved to Item ll.A. Comments and Inquiries on Non-Agenda Items from the City Manager. ll.A. Ci~, Manager's response to prior public comments and inquiries. With regard to the inquiry about the model for the new library, the City Manager stated the model for the new library is close to completion and is being done by a local volunteer architect from the community who has been steadily working on the model in his spare time since November. The City Manager stated the model is expected to be ready for display by February 16, 2004 at the latest and will be on display at the City Commission meeting of February 17, 2004. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager stated there was concern expressed about what was being done to help recruit students for the Middle School 98-GG, the City Manager stated on January 5, 2004, the Palm Beach County School District held an informational meeting at Morikami Park Elementary School. The City Manager stated 9,700 invitations were sent to students currently in fifth, sixth, and seventh grades and approximately 300 people attended the meeting. The City Manager stated staff met with Debra Johnson, Principal, who indicated she conducted presentations to all of the fifth grades in Delray Beach except Village Academy. In addition, the City Manager stated applications and brochures were handed out. Staff met with the NAACP to also discuss strategies for recruitment. They are preparing a flyer to hand out at their various meetings and helping to recruit at churches. The City will be delivering a letter, applications, and brochures to all of the churches located in Delray Beach. The City Manager stated staff will ask the Clergy to announce this information at the church services through the month of February 2004. Ms. Johnson will also be following up with telephone calls and City staff will be available to help fill out applications. The applications will be easy to complete and will be available in four languages (i.e. English, Spanish, Portuguese, and Creole) and are being delivered to Pompey Park, the Community Center, and the 505 Teen Center. Ms. Johnson is following up with the site - 12- 02/03/04 managers to explain the program at the middle school and to help provide them with direction in answering student questions about the program. She is also available to attend their meetings and sites to help fill out applications. Debra Johnson, along with School Board member Debra Robinson, Education Board Member Leonard Mitchell and School Police will be doing a walk around the community targeting the Pine Grove area. They will knock on doors to let people know about the school and help fill out applications. The City's Creole speaking Code Enfomement officers will accompany them. The City Manager stated the door-to-door walk-around will be conducted on the weekends in February. The Palm Beach County School District will provide Public Service announcements on Haitian radio. City staff will be giving a presentation at the next "Free to Grow" meeting and applications and brochures will be given to their peer organizers to hand out to their parents. One of the peer organizers is Haitian and speaks Creole and has agreed to help with door-to-door recruitment. Applications will be given to Dorothy Ellington at the Delray Beach Housing Authority for recruitment purposes. As of January 27, 2004, the Palm Beach County School District had received 666 applications, 597 of those indicating that the High Tech School is their first choice and 69 listed the school as the second choice. The City Manager stated there is not a breakdown as to what school the applications had come from, however he had the following statistics: 368 applications for sixth grade, 170 for seventh grade, fifty-nine for eighth grade (92 Hispanic, 395 white, 4 American Indian, 19 Asian, 30 multi-cultural, and 56 African-American). With regard to concerns expressed about bicyclists and loud motorcycle noise, the City Manager stated both of these issues have been areas of concern by residents and visitors. The City Manager stated there is a novice gap by both bicyclists and motorists when it comes to traffic regulations. The Police Department is working on an educational component to better inform both of their responsibilities on the roadways. He stated the Police Officers will also be instructed to take action when violations occur so as to improve the safety of everyone. Motorcycle noise is an on again off again issue and when the weather is good combined with a large number of visitors to the community, we seem more concerned about motorcycle noise. The City Manager stated Police Officers have been instructed to refocus on this problem along with traffic enforcement officers who have been given specific assigmnents to seek out motorcycles in violation. The City Manager stated at both the League of Cities Board meeting and the general membership meeting there were presentations fi.om the Chief Deputy Clerk of Court regarding Article V funding, in particular the $200 filing fee that is in the current law to take effect July 1st. The Clerk's Association is taking the position that they will not oppose the repeal of that fee because it is a fairly small part of their budget. The City Manager stated the Chief Deputy Clerk of Court is of the opinion that the Legislature will not entirely repeal it, but may go to some form of a graduated fee. The City Manager stated tomorrow he will be attending the Florida Manager's Winter Institute in Panama City. -13- 02/03/04 At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 2-04: Privately initiated Future Land Use Map (FLUM) Amendment from CMR (Commerce) in part and GC (General Commercial) in part, to CMR (Commerce) and rezoning fi'om MIC (Mixed Industrial and Commercial) in part and GC (General Commercial) in part, to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel of land known as Delray Depot (formerly the Train Station Depot site), located at the northwest comer of West Atlantic Avenue and 1-95. Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 2-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CMR (COMMERCE) IN PART AND GC (GENERAL COMMERCIAL) IN PART TO CMR (COMMERCE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT IN PART AND GC (GENERAL COMMERCIAL) DISTRICT IN PART TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND INTERSTATE-95 (FORMER TRAIN STATION DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZON1NG MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A quasi judicial 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. - 14- 02/03/04 The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. The Commission had no ex parte communications to disclose. Paul Doffing, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-59 and #2004-60 into the record. Paul Doffing, Director of Planning and Zoning, stated the property contains the train depot which was listed in the National Register in September of 1986 and in Local Register of Historic Places in October of 1988. The building was constructed in 1926 and was most recently used as an office for an interior decorator and furniture repair use. These land development applications have been submitted to allow the establishment of a private warehouse for the storage of automobiles (no vehicle repair, sales or display) and private office space. This use would be permissible under the proposed MIC zoning, but not under the current GC zoning. Mr. Doffing stated this is being processed as a small scale amendment which is exempt from the twice a year requirements for the larger scale amendment process. At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM Amendment and Rezoning requests. There was no public testimony regarding the request. After reviewing the staff report and discussing the proposal, the Board unanimously voted 6-0 (Krall absent) to recommend that the requests be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, LDR Section 3.1.1, LDR Section 2.4.5(D)(5), LDR Section 3.2.2 and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the condition that a site plan modification is processed to provide, but not be limited to, screening of the existing dumpster, upgrading of the landscaping and resurfacing and re-striping of the existing parking area. Staff recommends approval of these land use actions. Michael Weiner with Weiner & Aronson, P.A., Attorney and Agent for Atlantic Group Holdings Corporation, stated there are two procedures being considered; one is a change in the Future Land Use map and the second is zoning. Mr. Weiner stated the applicant agrees with the conditions as presented by staff and meets all of the criteria. Mayor Peffman declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Small Scale Future Land Use Map and Rezoning, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 2-04 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson Yes; Ms. -15- 02/03/04 McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 5-04: An ordinance rezoning fi.om A (Agricultural) to RM-8 (Medium Density Residential-8 dwelling units per acre) for a 1.69 acre parcel of land for Highland Grove Estates located on the north side of Old Germantown Road approximately 1,115 feet west of Homewood Boulevard. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-JudicialHearing) The caption of Ordinance No. 5-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED A (AGRICULTURE ZONE) DISTRICT TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, APPROXIMATELY 1,115 FEET WEST OF HOMEWOOD BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A quasi judicial heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he spoke with Chip Falkanger. Ms. McCarthy, Mayor Peffman, Mr. Costin, and Mrs. Archer had no ex parte communications to disclose. Paul Doffing, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-31 into the record. Mr. Dorling stated the subject property consists of two (2) unplatted lots totaling 1.69 acres containing two (2) single family residences. The site was annexed -16- 02/03/04 into the City in 1988 with an initial zoning designation of Agricultural Residential Transitional (ART). An application has been submitted for a Rezoning from A to RM-8. This application has been submitted with the purpose of constructing a multiple-family residential development on the subject properties. This use would be permissible under the proposed RM-8 zoning, but not under the current A zoning. At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing in conjunction with the rezoning. Four members of the public spoke and expressed concerns relating to traffic and compatibility with the single-family dwellings in the area. After reviewing the staff report and discussing the proposal, the Board unanimously voted 6-0 (Krall absent) to recommend that the request be approved, based upon positive findings with respect to LDR Section 2.4.5(D)(5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I)(3)[that the proposed density is appropriate based upon the FLUM designations of the surrounding properties and prevailing development patterns] and the Goals, Objectives and Policies of the Comprehensive Plan. Jeff Falkanger, Applicant, agrees wholeheartedly with the staff report and is present this evening to answer any questions. Mayor Perlman declared the public hearing open. There being no one who wished to give testimony on the item, the public heating was closed. Mr. Costin moved to adopt Ordinance No. 5-04 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 1-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations Section 4.4.26 LI (Light Industrial) District and Article 4.5 "Overlay and Environmental Management Districts" relating to the Wallace Drive Area Redevelopment Plan. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 1-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT INDUSTRIAL (LI) DISTRICT, SUBSECTION 4.4.26 (F), "DEVELOPMENT STANDARDS" AND SUBSECTION 4.4.26(H), "SPECIAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE WALLACE DRIVE OVERLAY DISTRICT; AMENDING -17- 02/03/04 ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS, BY ENACTING SECTION 4.5.8, "THE WALLACE DRIVE OVERLAY DISTRICT", TO DEFINE AND ESTABLISH SAID OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the Wallace Redevelopment Plan was recently adopted as part of the Comprehensive Plan Amendment 2003-2 by the City Commission. As part of the Plan, Mr. Doffing stated it calls for the area between Wallace Drive and S.W. 9th Avenue to be rezoned from R-1-A (Single Family Residential) to LI (Light Industrial). To allow development on smaller lots in the area, where aggregation of parcels is not possible, the Plan calls for the creation of an Overlay District with modified development area, lot size, lot dimensions and tenant space requirements. The Overlay District increases the front setback to 25' and incorporates the development standards of the MIC zone with respect to minimum development area, lot dimensions and tenant space requirements. At its meeting of December 15, 2003, the Planning and Zoning Board held a public heating regarding this item and there was no public testimony regarding the amendment. After discussing the item, the Board voted 5-0 (Pike and Krall absent) to recommend approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M)(5). Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 1-04, the public hearing was closed. Alice Finst, 707 Place Tavant, Delray Beach, asked what is being done to protect the residential properties in this area and who will be affected by this change in zoning. There being no one else who wished to address the Commission regarding Ordinance No. 1-04, the public heating was closed. Mr. Dorling stated the Comprehensive Plan itself protects adjacent neighborhoods in the fact that it is stepping down in intensity. Mr. Dorling stated the few -18- 02/03/04 single-family homes are non-conforming and would be allowed to continue as long as they are not vacant for more than six months. For clarification purposes, Ms. McCarthy stated she would like to ensure that no one is being forced to move because of the land use change. In response, Mr. Dorling stated no one is being forced to move because of the land use change and the change will likely increase their property values. Mr. Levinson moved to adopt Ordinance No. 1-04 on Second Reading/Second Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 3-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Appendix A "Definitions" to amend the definition of adult entertainment establishment to provide for the inclusion of Adult Novelty Stores and to provide a definition of Adult Novelty Stores. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 3-04 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, AMENDING APPENDIX "A", BY AMENDING THE DEFINITION OF "ADULT ENTERTAINMENT ESTABLISHMENT" IN ORDER TO PROVIDE FOR THE INCLUSION OF ADULT NOVELTY STORES IN THE DEFINITION OF ADULT ENTERTAINMENT ESTABLISHMENT AND ENACTING A DEFINITION OF ADULT NOVELTY STORE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance amends the definition of Adult Entertainment Establishment to include adult novelty stores and provides a definition of adult novelty store. -19- 02/03/04 At its meeting of December 15, 2003, the Planning and Zoning Board held a public heating regarding this item. After discussing the amendment, the Board voted 5- 0 (Krall and Pike absent) to recommend approval of the proposed amendment to Appendix A "Definitions" to amend the definition of Adult Entertainment Establishment and to provide a definition of Adult Novelty Stores, based upon positive findings with respect to LDR Section 2.4.5(M). Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 3-04, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 3-04 on Second Reading/Second Public Hearing, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 6-04: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. Prior to consideration of passage of this ordinance on Second and F1NAL Reading, a public heating has been scheduled to be held at this time. The caption of Ordinance No. 6-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. - 20 - 02/03/04 Kerry Koen, Fire Chief, stated this is not a mandatory annual adjustment but they are attempting to keep the fee structure consistent with the general market area. Mr. Costin asked if this includes the mileage fee. In response, ChiefKoen stated the mileage fee is $7.65 per mile and noted that they have tried to keep the average range for this area. Mayor Perlman declared the public heating open. There being no one who wished to address the Commission regarding Ordinance No. 6-04, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 6-04 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 4-04: An ordinance amending the Land Development Regulations Appendix A "Definitions" repealing the definitions for Residential and Non-Residential Alcohol and Drug Abuse Treatment Facility and enacting new definitions for Residential and Non-Residential Licensed Service Provider and amending Sections 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24, and 4.6.9 to reflect the change in terminology. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. The caption of Ordinance No. 4-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AS FOLLOWS: AMENDING APPENDIX "A", "DEFINITIONS", BY REPEALING THE DEFINITIONS OF "RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND "NON RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND ENACTING THE DEFINITIONS OF "RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY" AND NON- RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY" TO CONFORM TO CHANGES IN FLORIDA STATUTES; AMENDING SECTIONS 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24 AND 4.6.9 TO REFLECT THE CHANGE IN TERMINOLOGY FROM "RESIDENTIAL AND NON- RESIDENTIAL ALCOHOL AND DRUG ABUSE -21 - 02/03/04 TREATMENT FACILITY" TO "RESIDENTIAL AND NON-RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Doffing, Director of Planning and Zoning, stated the proposed ordinance repeals the definitions for "Residential and Non-residential Alcohol and Drug Abuse Treatment Facility" and enacts new definitions for "Residential and Non- Residential Licensed Service Provider", and changes the reference from "alcohol and drug abuse treatment facilities" to "Licensed Service Provider Facilities" to be consistent with the terminology of such facilities in State Statutes. At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing regarding this item. After discussing the amendment, the Board voted 5- 0 (Krall and Pike absent) to recommend approval of the proposed amendment to the Land Development Regulations regarding "Residential and Non-residential Licensed Service Provider", based upon positive findings with respect to LDR Section 2.4.5(M). Mr. Dorling stated staff recommends approval. Mayor Perlman declared the public hearing opera. There being no one who wished to address the Commission regarding Ordinance No. 4-04, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 4-04 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 9-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.17, RO (Residential Office District), Subsection 4.4.17(B)(2) regarding duplex structures. If passed, a second public hearing will be scheduled for February 17, 2004. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 9-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, -22- 0~03~4 AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION 4.4.17(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", BY AMENDING SUBSECTION (B)(2) TO DELETE THE WORDS "AND DWELLING UNITS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE (The official copy of Ordinance No. 9-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this amendment is to provide clarification to LDR Section 4.4.17(B)(2) of the RO (Residential Office) zoning district, which states "Principal Uses and Structures Permitted" (2) Duplex structures and dwelling units. Mr. Dorling stated this reference to "dwelling units" is only included in this specific category of RO and infers that this allows three or more dwelling units. Mr. Dorling stated staff is modifying the ordinance to remove the language "and dwelling units" in order to clarify what duplex structures are permitted. At its meeting of January 26, 2004, the Planning and Zoning Board held a public heating regarding this item. There was no public testimony regarding the proposed amendment and after discussing the amendment, the Board voted 6-0 (Sowards absent) to recommend approval of the proposed amendment to the Land Development Regulations Section 4.4.17(B)(2) regarding duplexes, based upon positive findings with respect to LDR Section 2.4.5(M). Mayor Perlman declared the public heating open. There being no one who wished to address the Commission regarding Ordinance No. 9-04, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 9-04 on First Reading/First Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item ll.B. Comments and Inquiries on Non-Agenda Items from the Public. -23- 02/03/04 11.B. From the Public. ll.B.1. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, suggested that there be a five foot bicycle lane fi.om Linton Boulevard to the North where there is 100 feet of right-of-way and a complete sidewalk on one side of the street. Mr. Smith urged the Commission to support bicycles and sidewalks on A1A. ll.B.2. Herb Gimelstob, 4330 Live Oak Boulevard, Delray Beach~ supports having a five foot bicycle lane and stated Delray Beach needs to remain an All-America City and is a city of the future. Mr. Gimelstob read into the record a quote from Mayor Perlman's speech (From the Mayor's Desk dated January 21, 2004) he gave while attending the U.S. Conference of Mayors in Washington, D.C. ll.B.3. Don Braverman, 27-A Stratford Lane, Boynton Beach, stated he is an avid cyclist and strongly supports five foot bicycle lanes on A1A. ll.B.4. Charles Bonfield, 220 MacFarlane Drivel Delray Beach, stated most of the bicyclists agree with most of the points presented in the A1A consensus proposal with one major exception. Mr. Bonficld stated there is no legal, engineering, financial or rational reason why five foot bicycle lanes and proper sidewalks should not be constructed on both sides of the road from Linton Boulevard to Bucida Road. Mr. Bonfield strongly supports five foot bicycle lanes along A1A and urged the Commission to give full consideration to the FDOT proposal as it represents user groups. ll.B.5. George Martin, President of the West Palm Beach Bicycle Club and also works for the Sheriff's Office as a Bicycle Safety Educator, (speaking for the Bicycle Club this evening), stated presently they are in conflict for limited roadway space which creates some hostile and dangerous conditions. Mr. Martin stated these conflicts will disappear with separate lanes for motorists and cyclists. Mr. Martin stated recently the repaving was completed in Highland Beach and almost immediately they started having problems because they do not have five foot bike lanes. Mr. Martin recommended that the Commission review the website www.criticalmass.com and entered a letter into the record. ll.B.6. Jean Matthews, 3225 Lakeview Boulevard, Delray Beach, (served on the Delray Beach Bicycle/Pedestrian Committee and is also a member of the MPO Bicycle/Pedestrian Committee) stated she is not here this evening in any official capacity but urged the Commission to look at this situation from an emotional basis. Ms. Matthews strongly supports five foot bicycle lanes on A1A. ll.B.7. Alvin Weinstein, 200 MacFarlane Drive~ Delray Beach~ urged the Commission to imagine an image of an All-America City and a Village-by-the-Sea atmosphere and feels it is a place where children and adults can walk, jog, push baby strollers, pull toys and ride bicycles in safety. Mr. Weinstein urged the Commission to approve the original FDOT Plan for five foot bicycle lanes and sidewalks on both sides of A1A. - 24 - 02/03/04 ll.B.8. Anne Richmond, 200 MacFarlane Drive, Delray Beach, thanked the current and past City officials for all the improvements made to Delray Beach in the last 20 years. Ms. Richmond stated the improvements have made downtown Delray a people friendly place to live. She feels adding bicycle lanes and sidewalks to A1A will only make Delray Beach more people friendly. Ms. Richmond urged the Commission to support bicycle lanes and walking paths. ll.B.9. Raphael Clemente, 160 Australian Avenue, West Palm Beach (Bicycle/Pedestrian Coordinator for Palm Beach County.), stated A1A through much of the East coast of Florida is part of what is known as the "East Coast Grecnway" which will connect Key West to Maine and he feels it would be a shame for Palm Beach Connty to be one of the only places that the East Coast Greanway cannot be successfully implemented. He urged the Commission to take advantage of this opportunity because FDOT will do this at no cost to the City of Delray Beach. ll.B.10. John E. Doyle, 5650-D Fox Hollow Drive, Boca Raton, (resident of the Boca Raton Bicycle Club), stated he is a season ticket holder to Crest Theatre and often visits Delray Beach. In his opinion, Mr. Doyle stated Delray Beach has the nicest downtown in South Florida and commented that the Commission has the opportunity to improve it by putting in five foot designated bicycle lanes along A1A. He stated the most popular area to ride a bicycle is along AIA and he feels this could be made safer by a five foot designated bicycle lane. In addition, he stated it is safer and better for motorists that there is a five foot designated bicycle lane because then the motorist does not have to cross over the travel lane into oncoming traffic in order to pass a cyclist. ll.B.11. Eugene Luttenberg, 4423 Regal Court, Delray Beach, stated he is an avid cyclist and moved here from up North so that he could cycle year-round. Mr. Luttenberg encouraged the safety of the pedestrians and the cyclists with five foot bicycle lanes. He stated it would be a dangerous situation for cyclists to be on sidewalks because it causes a potentially dangerous situation between the cyclists and thc pedestrians. Mr. Luttenberg urged the Commission to consider the ftve foot bike lanes from Linton Boulevard north to George Bush Boulevard. ll.B.12. David Kraker, 13690 Via FloraI Delra¥ Beach~ stated he is an avid cyclist and feels no matter what decision is made this evening it will not change thc fact that cyclists will continue to use A1A, the bicycle traffic will continue to increase year after year, and if five foot bike lanes are not approved, traffic conditions will worsen and conflict between motorists and cyclists will continue to increase. Mr. Kraker stated if five foot bicycle lanes are not installed, thc results will be an increasing number of accidents killing or maiming more cyclists, pedestrians and motorists. ll.B.13. Mark Lowe~ 4418 Marks Way, Lake Worth, supports the five foot bicycle lanes along A1A and stated eight years ago he was struck by a hit and run driver and sustained a few broken bones and massive internal injuries. Mr. Lowe stated safety is not a choice but a responsibility. - 25 - 02/03/04 ll.B.14. John McCurdy~ 118 N.E. 22na Street~ Delray Beach~ urged the Commission to look at this from an emotional and human side and stated the safety issues are not being addressed. Mr. McCurdy stated he was struck by a van while tiding his bicycle along A1A and as a result of the accident sustained numerous internal injuries. Mr. McCurdy stated he has recovered physically but still deals with some emotional issues. Mr. McCurdy supports five foot bike lanes and stated this is an opportunity to make it right so that another bicyclist or another person does not get injured. Mr. McCurdy stated people want to know that Delray Beach is a safe place to live, bike, or walk. ll.B.15. Alice Finst~ 707 Place Tavant~ Delra¥ Beach~ representing Progressive Residents of Delray (PROD), stated this is not a landscaping issue but is rather a safety issue for pedestrians, cyclists, and motor vehicles. ll.B.16. Robert Jolle¥~ 702 S.E. 4th Avenue~ Delra¥ Beach~ suggested that there be some kind of alternate transportation system for Delray Beach because he feels there are too many cars and not enough roads. Mr. Jolley stated he does not believe there will ever be a reduction in traffic. ll.B.17. Albert Richwagen~ 251 N.E. 15th Street~ Delray Beach~ stated A1A is a dangerous road for motorists, pedestrians, and cyclists. Mr. Richwagen encouraged the Commission to follow the recommendations of the MPO for full bike lanes to the right- of-way. He stated Delray Beach will not become pedestrian and bicycle friendly without sidewalks and bicycle lanes. He urged the Commission to support the complete sidewalks between Linton Boulevard and George Bush Boulevard and bicycle lanes to the fullest extent of the right-of-way which will cost taxpayers nothing. ll.B.18. Trent Ward~ resident of Delra¥ Beach~ stated he has been riding on A1A for many years and feels it is an extremely dangerous road. Mr. Ward supports the five foot bicycle lanes and urged the Commission to do the right thing. 11.B.19. David Dickler~ resident of Boca Raton~ stated he joined the Boca Raton Bicycle Club (which has members from Delray Beach) and once a week rides to Boynton Beach from Boca Raton and once a week he rides south to Fort Lauderdale. He stated he is terrified to ride except when he is tiding on a five foot bike path. Mr. Dickler urged the Commission to do the right thing for the community and support the five foot bicycle paths for Delray Beach because he feels anything less would not be safe. ll.B.20. Lisa Clark~ 1219 N.W. 8th Collrt~ Boynton Beach~ spokesperson for the S.D. Spady Elementary School advanced chorus, asked the City of Delray Beach for assistance in reaching their financial goal in order to send the chorus to Camegie Hall in spring 2004. The chorus is comprised of 35 students ages 8-13. The group does not have any Board members or Executive Director and supports itself solely through donations and fundraisers. The approximate cost for 35 students, six chaperones, and two accompanists to attend this festival including travel, meals, lodging and festival activities - 26 - 02/03/04 is $53,765.00. Ms. Clark urged the Commission to provide some financial assistance if possible. Mayor Perlman gave direction to Ms. Clark to submit a formal written request to the City Manager's office. ll.B.21. Larry. O'Connor~ 200 MacFarlane Drive~ Delra¥ Beach, avid bicyclist who rides from Delray Beach to Boca Raton everyday stated he does not feel safe until he reaches Boca Raton. Mr. O'Connor stated he is in favor of the five foot bike paths and urged the Commission to support. At this point, the Commission moved to Item 12, First Readings. FIRST READINGS: 12.A. ORDINANCE NO. 10-04: An ordinance rezoning fi.om POC (Planned Office Center) to RM-9 (Multiple Family Residential-Medium Density-9 dwelling units per acre) for a 5.04 acre parcel of land to be known as Atlantic Palms located on the south side of West Atlantic Avenue, approximately 140 feet east of Whatley Road. If passed, a quasi-judicial public hearing will be scheduled for February 17, 2004. The caption of Ordinance No. 10-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT TO RM-9 (MEDIUM DENSITY RESIDENTIAL-9 DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, APPROXIMATELY 140 FEET EAST OF WHATLEY ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated on September 5, 2003, the applicant submitted an application to rezone the subject property to RM-11 (11 units per acre) in order to develop a multiple family residential project. -27- 02/03/04 At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing in conjunction with the RM-11 rezoning request. There was one person fi.om the public that spoke in support of the rezoning and two that expressed concerns. After reviewing the staff report and discussing the proposal, the Board concluded that the proposed density request of 11 units per acre was too intense given the Future Land Use Map designations and prevailing development pattern of the surrounding area. The Board unanimously voted 4-0 (Jill Woehlkens, Diane Borchardt and Joseph Pike absent) to recommend approval of a reduced density ofRM-8. ARer that point, at its meeting of January 6, 2004, the City Commission considered the first reading of the ordinance to rezone the subject property to RM-11. The applicant requested that the application be withdrawn without prejudice and the City Commission approved a waiver to LDR Section 2.4.5(D)(6), which prohibits the City Commission from considering another rezoning application for six months. A request to rezone the property to RM-9 (9 dwelling units per acre) is now before the City Commission for consideration. The new request to rezone the property to RM-9 has not been considered by the Planning and Zoning Board. While the Board's and staffs recommendations were to allow a maximum density of 8 units per acre, the request for a maximum of 9 dwelling units per acre seems to be a reasonable compromise based on the surrounding development pattern and densities. Staff recommends approval of the RM-9 request based upon positive findings with respect to LDR Section 3.1.1(Consistency), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and Goals, Objectives, and Policies of the Comprehensive Plan. Mr. Costin moved to approve Ordinance No. 10-04 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 8-04: An ordinance amending the Land Development Regulations, enacting a new Subsection 2.4.3(K)(6), "Delray Beach Fire- Rescue Department Fees". If passed, a public heating will be scheduled for February 17, 2004. The caption of Ordinance No. 8-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", OF THE LAND DEVELOPMENT REGULATIONS BY ENACTING A NEW SUBSECTION 2.4.3(K)(6), "DELRAY BEACH FIRE-RESCUE DEPARTMENT FEES", TO PROVIDE FOR DEVELOPMENT REVIEW FEES BY THE FIRE DEPARTMENT; PROVIDING A - 28 - 02/03/04 SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING FOR THE RENUMBERING, RELETTERING AND INCLUSION IN THE LAND DEVELOPMENT REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-04 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. Paul Doffing, Director of Planning and Zoning, stated the City's Fire- Rescue Department reviews plans for many different types of construction and renovations and performs inspections of structures at the request of other parties. In order to recover some of the Fire Department's expense, the LDR's are being modified to implement plan review fees which are currently charged by Palm Beach County and several municipalities within Palm Beach County. Mr. Dorling stated the fee schedule is the same as those currently charged by Palm Beach County based upon development value. At its meeting of January 26, 2004, the Planning and Zoning Board considered this LDR change and there was no public testimony regarding the proposed amendment. After discussing the amendment, the Board voted 6-0 (Sowards absent) to recommend approval of the proposed amendment to the LDR's enacting Subsection 2.4.3(K)(6) regarding Delray Beach Fire-Rescue Department Fees, based upon positive findings with respect to LDR Section 2.4.5(M). The City Manager stated during the budget process this year there was discussion about the need to add an additional fire inspector because of the nature of commercial development and establishing a fee such as this will provide a funding source for that position. The City Manager stated this will come back to the Commission at a later date. Mayor Perlman asked if there is an estimate of how much revenue the City can expect. In response, Kerry Koen, Fire Chief, stated the estimate is approximately $75,000-$85,000 per fiscal year. Mayor Perlman stated since the City is currently doing well in terms of development, he asked if the funding source is a consistent source of funds to keep the position fimded. In response, the City Manager stated in this particular case, there is an ongoing need from a public safety standpoint and unless the mix of businesses changes, there is a need for this position. Mrs. Archer moved to approve Ordinance No. 8-04 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -29- 02/03/04 12.C. ORDINANCE NO. 11-04: An ordinance providing for the adoption and enforcement of the minimum State Fire Code. If passed, a public hearing will be scheduled for February 17, 2004. The caption of Ordinance No. 11-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", TO PROVIDE FOR ENFORCEMENT OF THESE REGULATIONS; AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 96.09, "PROCESSES DEEMED HAZARDOUS TO LIFE AND PROPERTY", TO PROVIDE THAT CERTAIN FIRE OFFICIALS MAY ORDER THE IMMEDIATE CESSATION OF AN ACTIVITY THAT IS HAZARDOUS TO LIFE AND PROPERTY; ENACTING SECTION 96.10, "EVACUATION OF OCCUPIED BUILDINGS OR STRUCTURES", TO PROVIDE THAT CERTAIN FIRE OFFICIALS MAY ORDER THE EVACUATION OF OCCUPIED BUILDINGS; REPEALING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", AND ENACTING A NEW SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY ADOPTING STATE LAW AS WELL AS OTHER CODE SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 11-04 on FIRST Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 12-04: An ordinance amending Ordinance No. 20- 03, that adopted Comprehensive Plan Amendment 2003-02, regarding compliance with the Florida Department of Community Affairs (DCA) Objections, Recommendations and Comments (ORC) report. - 30- 02/03/04 The caption of Ordinance No. 12-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 20-03 THAT ADOPTED COMPREHENSIVE PLAN AMENDMENT NO. 2003-2; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the original ordinance (Ordinance No. 20-03) referenced a "WHEREAS" clause stating that the amendment was found to be in compliance and that an ORC (Objections, Recommendations & Comments) Report had not been issued. At second reading, this language was inadvertently left in the ordinance and was not revised to reflect the fact that the State had issued an ORC Report. When the State reviewed the adopted Amendment, the inaccuracy in the Ordinance was noted. Mr. Levinson moved to approve Ordinance No. 12-04 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman -Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Attorney and the City Commission. 13.B. City Attorney. The City Attorney stated staff is working on the scooter issues and she had a conversation today with the Assistant City Attorney from the City of Boca Raton and Boca has taken a certain position by enacting a policy. She stated Cathy Kozol, Assistant City Attorney/Police Legal Advisor, has been in contact with the Police Department with their proposal and the process is ongoing. The City Attorney stated there is a fairly recent opinion of the Attorney General that governs and also points out an apparent conflict of the State Statute. -31 - 02/03/04 13.C. City Commission. 13.C.1. Mrs. Archer Mrs. Archer thanked everyone for allowing the Seacrest Christian Elementary School students to make a presentation this evening and stated the children were ecstatic about coming to City Hall. She stated the cameraman was present this evening to take pictures for the yearbook. Secondly, Mrs. Archer stated at the Metropolitan Planning Organization (MPO) meeting they were anxious to have Delray's submission regarding the A1A proposal. She informed the MPO that this would be forthcoming sometime in February. 13.C.2. Commissioner Costin Mr. Costin had no comments or inquires on non-agenda items. 13.C.3. Commissioner McCarthy Ms. McCarthy stated she is celebrating Black History Month and applauded the newspapers for the interesting and accurate articles written about Black History Month. 13.C.4. Commissioner Levinson Mr. Levinson stated approximately one year ago he had a conversation with the City and the Finance Director about installing a wireless communication system which would be "YFI" enabled. However, the Finance Director expressed concern about the aesthetics and security issues. Mr. Levinson stated the City of Wilton Manors is "YFI" enabled. Secondly, Mr. Levinson stated he too was very interested with Black History Month particularly because of an article he read. He stated in a few months Brown versus the Board of Education 50th anniversary will be here, and particularly in this town because of S.D. Spady and Spencer Pompey, he feels it would be appropriate for the City of Delray Beach and the Palm Beach County School Board to do something unique to celebrate Brown versus the Board of Education. Mr. Levinson commended Ivan Ladizinsky, Public Information Officer and staff for doing a great job on the Annual Report. He suggested that the regular meetings for April be scheduled for April 13, 2004 and April 20, 2004. Mr. Levinson stated State Legislator Carl Domino has come up with a proposal that will allow Homesteaded properties to transfer their homestead value to a - 32- 02/03/04 subsequent home. He stated he feels the Commission should vehemently oppose the proposal because this is just another way to get rich people more money and save taxes. 13.C.5. Mayor Perlman Mayor Perlman stated he had the oppommity to speak to Leadership Palm Beach County which came through Delray Beach last week and stopped at Old School Square. He stated they asked for three keys to the success of Delray Beach. Mayor Perlman stated these are (1) our willingness to invest and reinvest in the community and spoke about the recent pass of the Bond Issue, (2) a consistency of focus and philosophy and, (3) things throughout the community is citizen driven. Mayor Perlman stated he was honored that this group decided to come through Delray Beach. Secondly, the Commission had the chance to host Congressman Shaw at the Chamber of Commeme and the City talked about lobbying dollars needed for the sewer plant. In addition, he will write letters on behalf of the Commission to advocate for some funding through the Congressional Delegation. Mayor Perlman stated he received a call from the President of the Seacrest Association and they are very pleased with the pace of the project and the contractor is doing a good job. However, the Seacrest Association expressed concern about installing speed humps on N.E. 14th Street. The City Manager stated the speed humps would be a less desirable method and stated there are supposed to be splitter islands installed. The City Manager recommended that the City finish what is planned for N.E. 14th Street and then do some traffic studies to see what the counts are and then install speed humps if necessary. Mayor Perlman congratulated Robert Barcinski, Assistant City Manager and Marjorie Ferrer, Downtown Coordinator in coordinating the celebration of the Bond Issue at last week's Art & Jazz on the Avenue. Mayor Perlman requested that the City Clerk prepare a proclamation for Black History Month for the regular meeting of February 17, 2004. It was the consensus of the Commission to hold the regular meetings for April on April 13, 2004 and April 20, 2004 due to Passover with no Workshop meeting. Mayor Perlman expressed concern over the future of the OSSHAD District in terms of development and stated with the real estate in Delray Beach continuing to escalate, it could potentially put pressure on OSSHAD to have larger buildings. Mayor Perlman stated he feels density has its place in the CBD (Central Business District) and commented perhaps the Planning and Zoning Department could look into the preservation of the OSSHAD District. -33 - 02/03/04 Mrs. Archer concurs with comments expressed by Mayor Peflman regarding the OSSHAD District and also expressed concern over the North Swinton Avenue area. Ms. McCarthy suggested that anything relating to budgetary situations should also include sending letters to Congressman Hastings as well. There being no further business, Mayor Perlman declared the meeting adjourned at 8:55 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 February 3, 2004, 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. - 34 - 02/03/04 SPECIAL MEETING FEBRUARY 10, 2004 A Special Meeting of the City Commission of the City of De[ray Beach, Florida, was called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 P.M., Tuesday, February 10, 2004. Roll call showed: Present - Commissioner Patficia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent- None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Garito Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following item: SUBSTITUTE EASEMENT DEED/LAKE WORTH DRAINAGE DISTRICT: Consider approval of the forty (40) foot substitute easement to the Lake Worth Drainage District (LWDD) from the Baxley Park property, located adjacent to the .L-31 canal and just east of Military Trail. Susan Ruby, City Attorney informed the Commission that at their regohr Commission meeting on January 13, 2004, they approved the granting of an easement deed to Lake Worth Drainage District(LWDD) for a forty (40) foot easement for public utilities and requested that she negotiate with LWDD to include language in the easement deed for reclaimed water mains. City staff has met with the LWDD staff and before you is a substitute easement deed which contains language to include public utilities and reclaimed water mares. This easement deed is contingent upon approval by the LWDD at their meeting on Wednesday, February 11, 2004. Mr. Costin moved to approve the substitute easement deed with Lake Worth Drainage District contingent upon approval by LWDD on Wednesday, February 11, 2004, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Cosrin - Yes: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed 5-0. Mayor Perlman declared the Special Meeting adjourned at 6:03 p.m., at which time the Commission convened to the reg~,hdy scheduled Workshop Meeting. City Clerk ATI]~ST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Spec'ml Meeting of the City Commission held on February 10, 2004, which Minutes were formally approved and adopted by the City Commission on February 17, 2004. City Clerk NOTE TO REA.DER; 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 w'fll become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -2- February 10, 2004 WHEREAS, February is designated as black history month and African Americans have contributed immeasurably to the richness of our dynamic, mulficultural society. They embody our Nation's core values, including devotion to family, commatment to hard work and pride m their heritage, and have added to every aspect of our national life; and WI-I~REAS, we must bear wimess to the progress, richness and diversity of African American achievement; and WHEREAS, the preservarion and conservation of African American heritage and culture is important to our history; and WHEREAS, an observance of African American achievement has been recognized since 1926; and WHEREAS, it is important that we share this celebration of the human spirit as demonstrated by the traditions and legades of our African American citizens. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Dekay Beach, Florida, on behalf of the City Commission do hereby proclaim the month of February, 2004 as BLACK HISTORY MONTH and encourage all of our residents to join in this recognition of the accomplishments and contributions made to our community and country by our fellow ALcan Americans. IN WITNESS WHEREOF, ! have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17t~ day of Febma~, 2004. JEFF PERLMAN MAYOR TO: THRU: FROM: SUBJECT: DAV~EIf~HAROIE~, CI~:~ MANAGER PAuLTD y L N rOF-"*' PLANNING AND_Z IN COMBINED PRELIMINARY/FINAL PLAT APPROVAL FOR A 55.178 ACRE 264-UNIT MULTIPLE FAMILY AND SINGLE FAMILY DEVELOPMENT KNOWN AS BEXLEY PARK, LOCATED AT THE NORTHEAST CORNER OF SOUTH MILITARY TRAIL AND LAKE WORTH D~INAGE DISTRICT (LWDD) CANAL L-31 AND EXTENDS NORTHEASTERLY TOWARDS THE SOUTHWEST CORNER OF BARWICK ROAD AND LWDD CANAL L-30. The subject property has an extensive land use history and the following are the most recent land use actions regarding the subject property: At its meeting on June 16, 2003, the Planning and Zoning Board approved a Master Development Plan for the entire development and forwarded to City Commission a recommendation of approval regarding a Conditional Use Request. The Conditional Use Request was for a free standing multiple family development on the 6.79 acre parcels zoned PC (Planned Commercial) located adjacent to South Military Trail. The Board also approved several internal adjustments relating to the development proposal and recommended to the City Commission approval of a waiver request relating to a reduction in street pavement width. At its meeting of July 8, 2003, the City Commission approved the Conditional Use request and at its subsequent meeting of July 22, 2003, the City Commission approved the waiver relating to a reduction in street pavement width. At its meeting of November 19, 2003, the Site Plan Review and Appearance Board approved a Class II Site Plan Modification, Landscape Plan and Architectural Elevations for the development. At its meeting of November 17, 2003, the Planning and Zoning Board recommended to the City Commission approval of the preliminary/final plat for Bexley Park. The plat currently before the City Commission is required for major subdivisions and was listed as a condition of approval by the Planning and Zoning Board with the Master Development Plan. The proposed plat consists of a 264 lot subdivision located on a 55.187 acre site and includes 101 single-family zero lot line homes, 82 three-story townhomes, and 81 two-story triplex villas. The single family zero lot line homes consists of one and two-story structures containing two-car garages and will be developed on lots ranging between 50' and 60' wide by 105' and 139.9' deep. The townhouse structures are four, five and six-unit buildings each containing three bedroom units and will be developed on lots ranging between 22.67' and 36.6' wide by 70.66' and 75.95' deep. The triplex structures contain units with one and two-car garages that range between 996 and 1,468 square feet. The triplex structures are configured to have two units located side by side on ground level with City Commission Documentation Meeting of February 17, 2004 Bexley Park Plat Page 2 garages located to the rear and the third unit will be constructed above the garages. All lots will be sold fee-simple including the two story tdplex villas. The development proposal also incorporates the following: · A publicly dedicated 11.15 acre park site; · A 3.78 acre lake parcel; · Construction of an internal roadway system which includes private alleys; · Construction of 90 on-street parking spaces and 19 additional guest and recreation area spaces; · Construction of several common passive park areas and open spaces tracts; · Construction of 5' sidewalks throughout the development; · Construction of Common Recreational Tracts containing a clubhouse, pool and tot lot; · Installation of a 5" high black vinyl coated chain link fence withy hedging and trees thirty feet on center around the perimeter of the property; and, · Infrastructure improvements and associated landscaping. The Planning and Zoning Board considered the proposed plat at their meeting of November 17, 2003. After reviewing the staff report, the Board voted 6 to 0 to recommend to the City Commission approval of the combined preliminary/final plat of Bexley Park. All technical items have been satisfactorily addressed. By motion, approve the preliminary plat of Bexley Park and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan. Attachments: · Location Map · Reduced Plat · Planning and Zoning Staff Report of November 17, 2003 S:~ P&Z~boards\city commission~Bexley Park Plat-CCdoc. doc CANAL L-30 CANAL L-51 BEXLEY PARK PLA T APPROVAL SITE ADDRESS: N/A MUNICIPAL BOUNDARIES SUPPLEMENTAL INFORMATION PCN#: SEE OFFICIAL SURVEY FOR COMPLETE LISTING APPROXIMA 7'E ACREAGE: 55.252 ABRIDGED LEGAL DESCRIPTION: SEE OFFICIAL SURVEY FOR COMPLETE DESCRIPTION ZONING: PRD (PLANNED RESIDENTIAL DEVELOPMENT) & PC (PLANNED COMMERCIAL) FLUM: LD (LOW DENSITY RESIDENTIAL, 0-5 UNITS/ACRE) & GC (GENERAL COMMERCIAL) EXISTING LAND USAGE: VACANT WITHIN TRAFFIC ANAL YSIS ZONE: #543 WITHIN CENSUS S uJ ~0 - - - i~ . il ~ : ~ ~ ~ ~ ~ ~ ..... :~. . . m ~ . : : ~ ~.: , , I l MATCH UNE / ' i MATCH UNE ~ BL CK I ~ i LINE i MATCH I[ I~IATCH LINE UNE I~ATCH LINE PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: November 17, 2003 V.A. Combined Preliminary/Final Plat for Bexley Park, a Proposed 264 Unit Residential Development, Located North of Lake Ida Road, between Military Trail and Barwick Road (Quasi-Judicial Hearing). GENERAL DATA: Owner ......................................... City of Delray Beach Applicant/Agent ......................... D.R. Horton Homes of Fla. Mr. Carl Albertson Location ...................................... Located at the northeast corner of the L-31 Canal and Military Trail. Property Size .............................. 54.5 Acres Future Land Use Map ................ GC (General Commercial) Current Zoning ............................ PC (Planned Commercial) Adjacent Zoning ................ North: County AR (Agricultural / Residential) & County CG (General Commercial) East: PRD (Planned Residential) South: RM (Multiple Family Residential - Medium Density) West: County AR (Agricultural / Residential) Existing Land Use ...................... Vacant / Single Family Residence Proposed Land Use ....................Construction of 264 unit traditional neighborhood development, consisting of 101 detached single family homes, 82 townhomes and 81 villas. Water Service ............................. Connection available via a 12" water main located within South Military Trail. Sewer Service ............................. Connection available via a gravity system which will drain into the existing lift station in Winterplace PUD. M.A. The item before the Board is that of approval of a preliminary plat and certification of a final plat for a 55.178 acre, 264-unit multiple family and single family development known as Bexley Park. The subject property is located at the northeast comer of South Military Trail and Lake Worth Drainage District (LWDD) Canal L-31 and extends northeasterly towards the southwest corner of Barwick Road and LWDD Canal L-30. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. The subject property consists of eleven unplatted parcels of land totaling 55.187 acres. The parcels were annexed into the City on August 6, 2002 and subsequently rezoned on October 15, 2002. The two parcels nearest to South Military Trail are currently zoned Planned Commercial (PC), while the balance of the subject property is zoned Planned Residential Development (PRD). The subject property has an extensive land use history and the following are the most recent land use actions regarding the subject property: At its meeting of June 16, 2003, the Planning and Zoning Board approved a Master Development Plan which included the entire development. The Board also forwarded a recommendation of approval regarding a Conditional Use request which was for a free standing multiple family development on the 5.79 acre parcels zoned PC (east side of Military Trail) for Bexley Park. The Board also approved several internal adjustments relating to the development proposal and recommended to the City Commission approval of a waiver request relating to a reduction in street pavement width. All of the approvals and recommendations were subject to the applicant addressing various conditions of approval. At its meeting of July 8, 2003, the City Commission approved the aforementioned Conditional Use request, which was to allow a multiple-family development with a density of 10.6 dwelling units per acre within the PC zoning district, subject to conditions. Subsequently, at its meeting of July 22, 2003, the City Commission approved the aforementioned waiver relating to a reduction in street pavement width. A Class II Site Plan Modification, Landscape Plan and Architectural Elevations is currently in process and scheduled on the next Site Plan Review and Appearance Board meeting of November 19, 2003. The plat currently before the Board is required for multiple family/townhouse or single family developments and was listed as a condition of approval of the Master Development Plan. The proposed plat consists of a 264 lot subdivision located on a 55.187 acre site and is comprised of 101 single-family zero lot line homes, 82 three-story townhomes, and 81 two- story triplex villas. P&Z Board Staff Report Bexley Park Plat Page 2 The single family zero lot line homes consists of one and two-story structures containing two-car garages and will be developed on lots ranging between 50' and 60' wide by 105' and 139.9' deep. The townhouse structures are four, five and six-unit buildings each containing three bedroom units and will be developed on lots ranging between 22.67' and 36.6' wide by 70.66' and 75.95' deep. The triplex structures contain units with one and two-car garages that range between 996 and 1,468 square feet. The triplex structures are configured to have two units located side by side on ground level with garages located to the rear and the third unit will be constructed above the garages. All lots will be sold fee- simple including the two story triplex villas. Vehicular access is provided by a 50' wide publicly dedicated access tract, Tract "R-I", which has one access point located on South Military Trail and another access point on Barwick Road. This publicly dedicated road provides access to the front of all lots and functions as the main street system for the entire development. Ingress-egress to the garages located in the rear of each lot will be provided from a 20' wide privately dedicated access tract, Tracts "A-I" through "A-10", which functions as private alleyways. In addition, Tract "R-2" has been dedicated for additional right-of-way for Seagull Drive which was dedicated from an adjacent plat on the east (Plat of Barwick Ranch, PB 75, PGS 61- 62). A 12' right-of-way dedication is proposed along South Military Trail to accommodate the right turn lane into the development and the plan is currently in the design stages. The right-of-way is to be dedicated by this plat and is attached as a condition of approval, in addition, a 20' and a 40' right-of-way dedication along the Lake Worth Drainage District Canal L-31 is currently being finalized and is to be noted on the plat. Pedestrian access will be accommodated via a 5' concrete sidewalk to be located on both sides of the street within the public right-of-way. Listed as a condition of approval on the Master Development Plan for Bexley Park, a pedestrian connection to Palm Ridge Boulevard to the east of the project will need to be provided. The submitted plat does show this connection, however, it will need to be amended to fully accommodate this condition. Open space and landscape areas interior to the site have been dedicated as Tracts "S-1" through "S-18" which includes the tot-lot located on Tract "S-17". Landscape buffer and additional open space areas, located along the perimeter of the site, have been dedicated as Tracts "B-I" through "B-5". Tract "D" has been dedicated for recreational purposes and the new lake feature has been dedicated as Tract "L" for water management purpose. All Tracts mentioned above with the exception of Tract "C-1" & "C-2" (park site) and Tract "R- 1" & "R-2" (public rights-of-way) have been dedicated to the Bexiey Park Homeowners Association for specified purposes including maintenance obligations. Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the P&Z Board Staff Report Bexley Park Plat Page 3 staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Positive findings with respect to Future Land Use Map Consistency Section 3.1.1(C) was made at the time of Master Plan Approval for the Bexley Park development on June 16, 2003. Findings with regard to Concurrency and Consistency with the Comprehensive Plan, Standards for Plat Actions, and Compliance with the Land Development Regulations pertaining to the proposed plat are discussed below. Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: [] Water service is provided to the site via service lateral connections to existing 8' water mains in Military Trail and Barwick Road rights-of-way and will loop these systems through 8" mains internal to the site. [] Sewer service is provided to the site via gravity system which will drain into the existing lift station in Winterplace PUD. Relocation and rerouting of the on-site force main is required and noted on the plat. [] Adequate fire suppression is to be provided to the site via the existing and proposed fire hydrants located throughout the development. A fire safety plan must be provided which assures adequate water/fire suppression exists on site prior to the introduction of combustible construction equipment. This is attached as a condition of approval. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS (Level of Service) at the City's build-out population based on the current FLUM. The 264 unit residential development was factored into the plan; thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic study has been submitted indicating that the proposed 264 single and multiple family homes will generate a net total of 2151 new average daily trips onto the surrounding roadway network. It is anticipated that there is adequate capacity on the surrounding roadway network to accommodate these trips. A northbound turn lane is required on Military Trail and is attached as a condition of approval. An additional 12' right-of-way dedication along Military Trail is to be noted on the plat and be conveyed to the public for right-of-way purposes. P&Z Board Staff Report Bexley Park Plat Page 4 Parks and Recreation Facilities: The proposed 264 residential units will have an impact with respect to level of service standards for parks and recreation facilities. 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 $132,000 will be required of this development for parks and recreation purposes. These fees will be used to develop the park site which is dedicated as part of this plat (Tracts "C-1" and "C-2"). Solid Waste: Trash generated each year by the 264 units is 285.75 tons of solid waste per year (101 single family units x 1.99 tons of solid waste per year = 200.99 tons; 163 multiple family units x 0.52 tons of solid waste per year = 84.76 tons; 200.99 plus 84.76 tons = 285.75 tons). The trash generated by this proposal can be accommodated by existing facilities; therefore, a positive finding with respect to this level of service standard can be made. Draina.qe: Drainage throughout the subdivision will be connected in valley and gutter drainage structures within the rights-of-way, the individual lots drain through swales which connect to valley and gutters which ouffall to the lake (Tract "L"). Schools: The Palm Beach County School District has approved the application for Concurrency Determination for this 264 unit residential project. This concurrency application is valid for one year and expires on June 10, 2004. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 {D) - Compliance with the Land Development Re.qulations: · LDR Section 4.3.3(O)(2) (Plat Required): Each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each unit must be shown on the plat. Alt units to be sold have been shown as a separate lot on the plat and an internal public read (Tract "R-I") has been dedicated as a means of access to all dedicated parcels throughout the entire development. In addition, primary vehicular access will be via an P&Z Board Staff Report Bexley Park Plat Page 5 ingress-egress tract to individual lots by a privately dedicated alleyway system (Tracts "A-I" through "A-10"). The triplex units are configured in a fashion to be sold as "fee-simple" in which the individual units are depicted as individual lots. Units B and C are located on the ground level and shown on the plat as Lots 2 & 3. Unit A is located on the second level above the garages of all 3 units and is being shown on the plat as Lot 1. Special foot access and garage easements have been dedicated to the owners of Lots 2 & 3 across Lot 1 to provide access to their associated garages. LDR Section 6.1.3(B)(1)(Sidewalks): Pursuant to LDR Section 6.1.3(B)(1 ), a five-foot wide sidewalk is required along both sides of the streets throughout the development and a 5' sidewalk has been provided. No additional easements will be required since the Sidewalk is to be installed within the publicly dedicated right-of-way (Tract "R-I"). An additional sidewalk connection is required for a future pedestrian connection at Palm Ridge Boulevard and this is attached as a condition of approval. · LDR Section 5.3.1(Ri.qht-of-Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. As previously mentioned, primary vehicular access to the development will be taken directly from Military Trail and Barwick Road via a publicly dedicated access tract (Tract "R-1 ") having an ultimate right-of-way width of 50'. Ingress-egress to individual lots will be taken via privately dedicated access tracts (alleys) measuring 20' in total width. · Section 6.1.2(B){3)(Pavement Width): Pursuant to LDR Section 6.1.2(B)(3), the required pavement width for a local street is 24'. The development proposal provides a 20' wide asphalt drive aisle width with 2' of valley curb and gutter on both sides of the pavement. Pursuant to LDR Section 6.1.2(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 feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The City Engineer has reviewed the request to reduce the pavement width from 24' to 20' and is in support of the reduction. The reduced pavement width will provide for 20' of drive aisle, which is bordered by a 2' valley curb on each side. The Fire Marshal is in support of the request as long as the full 20' of width remains unobstructed and there is access from two sides. At its meeting of July 22, 2003, the City Commission approved the aforementioned waiver relating to a reduction in street pavement width. P&Z Board Staff Report Bexley Park Plat Page 6 Technical comments from the Planning & Zoning Department and Environmental Services Department are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission. While there are numerous comments, they are minor in nature and will not impact the general plat diagram. This project proposal is not within the geographical area requiring review by the Histodc Preservation Board (HPB), the Community RedeVelopment Agency (CRA) and the Downtown Development Authority (DDA). Courtesy Notices: A courtesy notice has been sent to the following neighborhood and civic associations: [] President's Council [] PROD (Progressive Residents of Delray) [] Country Manors [3 Rainberry Bay [] United property owners [] Sabal Lakes Phase 2 [3 Barwick Ranch [] Rainberry Woods [] Sabal Lakes Phase 3 [] Chatelaine [] Delray Shores [] Pines of Delray [] Lake Forest south Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The development proposal to construct a 264 unit multiple family and single family development is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Goals, Objectives and Policies of the Comprehensive Plan. The plat and engineering plans will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. A. Continue with direction. P&Z Board Staff Report Bexley Park Plat Page 7 Approve the preliminary plat for Bexley Park and certify the final plat based upon positive findings with respect to LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), LDR Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Goals, Objectives and Policies of the Comprehensive Plan, subject to conditions. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. Approve the preliminary plat for Bexley Park and certify the final plat based upon positive findings with respect to LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), LDR Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Goals, Objectives and Policies of the Comprehensive Plan, subject to the following conditions: That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action; and That a fire safety plan be provided which assures adequate water/fire suppression exists on site prior to the introduction of combustible construction equipment. This plan must indicate the following and shall be reviewed by the Fire-Rescue Department and the Environmental Services Department: A. The location of all proposed fire hydrants. B. The projected gallons per minute (GPM) flow at 20 p.s.i, residual available at each fire hydrant. c. The placement of all roadways serving the project and the type of materials used to support the movement and placement of fire apparatus. Roadways shall be delineated during construction so as to facilitate fire suppression operations and parking of construction equipment, vehicles and related apparatus shall be allowed on only one side of said roadways at any given time. 3. That the conveyance of additional right-of-way for Lake Worth Drainage District is dedicated on the plat; and, 4. That the conveyance of additional right-of-way along Military Trail is dedicated on the plat; and, 5. That an irrigation system that is fully rouse compatible is provided. P&Z Board Staff Report Bexley Park Plat Page 8 Affachmen~: · Appendix · Appendix "B" · Location Map · Reduced Plat · Reduced Site Plan P&Z Board Staff Report Bexley Park Plat Page 9 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard Does not meet intent X C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard Does not meet intent X D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard Does not meet intent X F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable P&Z Board Staff Report Bexley Park Plat Page 10 physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard Does not meet intent X G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard Does not meet intent X H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard Does not meet intent X Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard Does not meet intent X J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for inflll projects having fewer than 25 units. Not applicable Meets intent of standard Does not meet intent X P&Z Board Staff Report Bexley Park Plat Page 11 The following comments must be addressed prior to scheduling the plat for City Commission: Planning & Zoning Department Technical Comments: 1. Included with this application was an executed Owners Consent and Designation of Agency form signed by Paul Romanowski, Division President of D.R. Horton, Inc. In addition to this form, please have the Officers of the Corporation execute this form authorizing Paul Romanowski to sign on behalf of D.R. Horton, Inc. 2. Please provide recorded documentation (Articles of Incorporation) for the formation of Bexley Park Homeowners' Association. Planning & Zoning Department Plat Comments: 1. All 5' U.E. in the front of all parcels do not meet minimum standards for service providers, therefore, change the rear 5' U.E. to become a 10' U.E. and change the 5' U.E. along the front of all parcels to become 5' L.E. (Landscape Easements) to accommodate street trees where ever possible. 2. Provide the design plans for the construction of a northbound turn lane at the Military entrance as required in the project traffic study. 3. The 12' Easement recorded in ORB 11181, PG 1012 and ORB 11685, PG 1116 (shown on the survey in favor of the City of Delray Beach to accommodate an existing municipal water main) will need to be shown on the plat with a notation "To Be Abandoned" unless the main has been relocated and replacement easements accepted prior to plat recordation. 4. Additional comments may follow after re-submittal. Environmental Services Department's Plat Comments: 1. Use City Standard language for dedications, acknowledgements, notary, etc. 2. Provide digital copy of approved plat in format per City of Delray Beach Engineering. 3. Please revise dedication language to match City of Delray Beach Standard dedication language. 4. Water and Sewer easement language should match City of Delray Beach Standard language. Sewer and water easements needed on sheet 6. P&Z Board Staff Report Bexley Park Plat Page 12 5. Provide drainage easements for all proposed drainage include City Standard language. 6. Provide a detailed description of how each of these comments has been addressed with next submittal. 7. Additional comments may follow upon provision of requested information. Environmental Services Department's Technical Comments: 1. Palm Beach County permits are required for this project. Provide copies of the County Right-of way permit, drainage permit and utility permit. 2. Health Department permits are required for this project. Provide copies of the water permit and sewer permit. 3. A SFWMD permit is required for this project. Provide copies of permit. 4. Indicate proposed finished floor elevations, existing site grades and proposed site grades. 5. Indicate proposed elevations on proposed roadway. 6. Provide a typical cross section from building to adjacent right-of-way or adjacent property at al_l property lines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades on adjacent property. 7. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria. Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. Provide drainage plans with calculations. 8. Use City of Delray Beach Standards for all drainage structures. 9. Provide paving cross section. 10.On Sheet 3 and 5 remove both force main and 12" water main east to new connection points. Install new 90" bends on both force main and water main. 11. Cleady dimension driveway width. Maximum width of driveway is 24 feet. 12. Vary line type on utilities. 13. Indicate stop bars and signs at egress drives as well as providing interior traffic control markings and signage. Clearly indicate onsite traffic control. 14. Cleady indicate limits of right of way and the center line of the road. P&Z Board Staff Report Bexley Park Plat Page 13 15. Indicate sight distances at all ingress/egress points. Sight triangles should be indicated on landscape plans. 16.Provide current City of Delray Beach standard construction details, VVVV 4.1, NO triple sewer connections allowed. 17. Provide stub with valve and plug for future extension to north on Barwick Road. 18.Provide fill and flush and pig wye at Military Trail connection. 19. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility Department upon building permit application and remove the size indicated on the engineering plans. 20. Indicate typical configuration and location of proposed sewer services with cleanouts, NO triple services will be allowed. 21.Applicant is to field verify location, size and depth of existing City of Delray Beach utilities. 22.AII connections to existing water mains shall be made while the water main is under normal working pressure. If this cannot be accommodated, the design shall incorporate special provisions such as line-stops to minimize the impact on existing customers. Clearly show existing water valves. 23.Proposed water main at Sabal Lakes Dr. needs sample point, fill and flush and pig wye at connection point. 24.Minimum size of water main in City of Delray Beach is 8 inches. Material'of proposed water main is to be Ductile Iron Pipe. 25.Sample points and pig wyes as needed throughout system. 26. Show separate irrigation system from Lakes. 27. Provide an overall system sheet for drainage. 28. Existing 12" water main to be removed is not marked properly (sheet 4 of 8) 29.A plat will be required. No building permit will be issued until the plat is recorded. The plat will not be recorded until all permits are received. 30.A certified engineer's estimate will be required for water and sewer improvements. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach Minimum Construction P&Z Board Staff Report Bexley Park Plat Page 14 Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. 31. Provide two copies of a Pollution Prevention Plan. Prior to and dudng construction of all sites, the permitee shall implement and maintain all erosion and sediment control measures included in the required Pollution Prevention Plan. For projects over One (1) Acre in size provide a copy of FDEP Notice of Intent. 32, Provide a detailed description of how each of these comments has been addressed with next submittal. 33.Additional comments may follow upon provision of requested information. [ITY I)F nELRflY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: February 11, 2004 MEMORANDUM TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Easement Deed The following easement deed allows the City to come onto the property and maintain a public sidewalk after it has been constructed by the property owner. The easement deed and sidewalk construction is part of a development approval for the construction of the Endres Office Building to be located at 137 NW 1st Avenue. By copy of this memo to David Harden, our office requests that this item be placed on the February 17, 2004 City Commission agenda for acceptance. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Wendy Shay, Historic Preservation Planner EASEMENT DEED ~ }Ut~. ~r.~..'S · with a madi~g address of 73~:~ 14~/6~_'~: _~ ~aJon,T~.~, patty of the ~ir~ pazt, ~ thc CrgY O1~ bELIRAY BEACIt, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal eorporatio~ i~ Palm Beach County, State o£ Florida, pan'y of the second part: WITNESSETH: That the p~y of the first par~. for and in consideration of the mutual promises herein contained and other good and vah~:O~le considerations, docs hereby grant, b~rgifia, sell and release unto the pm'~y of the second part, its successors and assigns, a fight ot' way and perpetual easement for thc purpose of the construction and maintenance of a public sidewalk with f~l and free right, liberty, ~ud authority to e~me~ upon and to ~,srall and maintain such sidewalk across, through and upon or witl~in the followir~ described property located in Palm Beach County, Fiends, to-wit: See Exhibit "A" Concomitant ~nd Coextensive with this right is the further right in thc party o£the seoon~t i~s successors and sssi~s, ofin~ress aud e~ress over and on that portion of land described to effect the purposes o£the casemenL as expressed hereinai~er. That this easeme~! shall be subject on~y to those easemems, ~estrictio~, and reservations of record. That ~he party of the first pa~ a~rees to provide for the release or subordi~mtion of any a~d ifil mortgages or lions encumbering this casement. The pa~'-y of the tlmt part also agrees to erect no buildin~ or ¢iTect any other kind of construction or improvements upon the desc~bed property. It is understood that upon Completion of sidewalk coaslruction, all lands disturhed thereby as a result of such constru~tiun performed tha'eon, will he restored to its original or like condition without expense to the property owner. Pstty of ~e first part does h~mby fully warrant lhe title to said land and will defend thc s~z~e against th~ law~ claims of all p~rsons whomsoever claimed by, ~hrough or tmd~r it, that i! ~ good right and lawful authority to gra~t t~e above-described easement ~a~d that thc same is uneocumbered except ~s provided above. Whc~ the context of this Euemen! Deed allows or permits, the same shall include the successors or usigns of~ parties, IN WITNESS WHEREOF, the pgties to this Eu~t Deed set their hands and seals the day ~d y~ar fi~t above wti~eu. Ftor; k COUNTY O~ ~e lo.gong ~.t w~ ~l~g~ .fore me ~, ~day of ,~P~i[~~gl~.~e of co.ration), a ~{o~ (SI~ or pl~ of ~nco~o~)-~orafion, on beh~bf &e co~afion. He/She is p~o~ ~ me or n~ proa~a not ~e ~ oa&. . ~-... f~..,.-' Zmlkd T'zm~ ,,9:' A~l~uttc ~m~.3C~.,,~c. (type of identification) a~ jdenlificafion and did/did SiSr~an~ of lq'~ Public - 2 82/85/2884 12:~3 S6~3957~8 E;I3UTI.-F_AST C~NTI~/~T~ PA~E: ~2 Exhibit A TI~ West 5 M ~/~fl~ ~/iowing d/~m~d pm~: Tl~ Smith 1,~ ~ c~Lot i and the No~h 73.5 fe~t ~ [lTV OF DELRI:IV BEI:I[H CITY ATTORNEY'S OFFICE 2°° N,,, .. A,'E.'UE..~E.,A'~.E^C.. ~LO.,..~^ 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: Wdter's Direct Line: 561/243-7091 MEMORANDUM January 30,2004 TO: FROM: City Commission David T. Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Transfer of Property to Boston's Inc. On June 10, 1986 the City Commission adopted Resolution 31-86 that provided for the transfer of a two parcels (10' x 34' and 4' x 45') to the City from Boston's and the transfer of one parcel (5' x 45') to Boston's from the City. All of the parcels are located in the area just southeast of Salina Avenue and Atlantic Avenue. (see attached map) The two parcels were transferred to the City, however, the City did not transfer its property to Boston's. Boston's has been using the property as part of its parking lot. Please place this item on the agenda for the February 17, 2004 City Commission meeting. If you should have any questions, please do not hesitate to contact me. Attachments cc: Barbara Garito, City Clerk I I i I i ! I I' I I I ! ATLANTICAVENU 8ALINA prope ty 'co be acquired by C~ty lO' x :34' 3alina property to ~ bo ncqttired by C~ty Subject Real Estate ~ity prQper~ to e.keq~reQ,oy SALINA · '$' .x 45' " '1 EXI,~'t RESOLUTION NO. 11-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELI{AY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED IN THE VICINITY OF THE INTERSECTION OF ATLANTIC AVENUE AND A-l-A, AS MORE PARTICULARLY DESCRIBED HEREIN, TO BOSTON'S, INC. TO BE UTILIZED FOR PARKING PURPOSES. WHEREAS, the City of Delray Beach, Florida desires to transfer the North 5.0 feet of the South 56.0 feet of Lot 17 and the North 5.0 feet of the South 56.0 feet of the East % of Lot 18, all in Block 1, Ocean Park, Delray Beach, Florida, for the purpose of providing property for parking; and WHEREAS, the City Commission has determined that it is in the best interest of the City to transfer the property described above; and WHEREAS, the City shall only transfer the property to Boston's, Inc. based upon the terms and conditions of the Agreement between the City and Boston's, Inc.; and WHEREAS, the City Commission has determined that the transfer of the property described above will promote the general welfare of the residents of Delray Beach. 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 agrees to transfer the North 5.0 feet of the South 56.0 feet of Lot 17 and the North 5.0 feet of the South 56.0 feet of the East % of Lot 18, all in Block 1, Ocean Park, Delray Beach, Palm Beach County, Florida, according to the map or plat thereof as recorded in Plat Book 5, Page 15, Public Records of Palm Beach County, Florida based upon the terms and conditions, which are hereby incorporated herein, of the Agreement between the City and Boston's, Inc. PASSED AND ADOPTED in regular session on this the __ day of February, 2004. ATTEST: MAYOR City Clerk AGREEMENT THIS AGREEMENT entered into this __ day of ,200, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City) and BOSTON'S, INC., (hereinafter referred to as Boston's), to provide as follows: WHEREAS, the parties agreed to swap parcels of land in the vicinity of the intersection of Atlantic Avenue and A-I-A as provided by Resolution 31-86 adopted by the City on June 10, 1986; and WHEREAS, Boston's deeded to the City those parcels of land as provided by Resolution 31-86; and WHEREAS, thc City has not transferred its parcel to Boston's; and WHEREAS, the City wishes to transfer its parcel to Boston's in accordance with Resolution 31-86. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the parties hereby agree as follows: The above-stated recitals are incorporated herein as if fully set forth The City agrees to transfer to Boston's that parcel of land owned by the City as described in Exhibit "A", attached hereto and incorporated herein, and as provided for by Resolution 31-86, attached hereto as Exhibit "B". The City shall issue a warranty deed in favor of Boston's for the parcel provided that Boston's pays all expenses for the transaction that may be necessary, including, but not limited to, title insurance in the amount of $10,000.00, attorney's fees, survey and documentary stamp fees. If Boston's falls to perform all of the items required for closing the City shall not be required to transfer the parcel of land by warranty deed. 3. Boston's shall hold harmless, defend and indemnify the City, its officers, agents and employees from any and all claims, suits or causes of action that may flow or arise from this property transfer. 4. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 5. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the property transfer. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (Name Printed or Typed) (Name Printed or Typed) CITY OF DELRAY BEACH, FLORIDA By:. JeffPerlman, Mayor BOSTON'S, INC. By:. 2 STATE OF COUNTY OF corporation. The foregoing instrument was acknowledged before me this day of , 200_, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public EXHIBIT "A' The North 5.0 feet of the South 56.0 feet of Lot 17 and the North 5.0 feet of the South 56.0 feet of the East ~ of Lot 18, all in Block 1, Ocean Park, Delray Beach, Palm Beach County, Florida, according to the map or plat thereof as recorded in Plat Book 5, Page 15, Public Records of Palm Beach County, Florida. RESOLUTION NO. 31-86 A RESOLUTION O~ THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING PURSUANT TO THE CHARTER OF THE CITY OP DELRAY BEACH, FLORIDA, AND SECTION OF THE CODE OP ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, THE EXCHANGE OF REAL PROPERTY OWNED BY CITY OF DELRAY BEACH LOCATED IN LOTS 17 AND 18, BLOCK 1, OCEAN PARK, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. WHEREAS, the City of Delray Baseh, Florida ia the ownez of certain property located in Lets 17 and Iit, Block 1, Ocean Park, Dalroy Beach, Pahn Beach County, Flmqda, bainf~ more particularly deacribed as followa: The North 5.0 ft. of the South Sit.0 ft. of Lot l? and the North 5.0 ft, of the South .56.0 ft. of the East Half (E~) of Lot lit, all in Blo~k l, Ocean Park, Delray Beach, Palm Beach County, Florida, according to the plat thereof recozded in Plat Book it at page 15 of the PubLic Re~ord~ of Palm Beach County, Florida. Containing 225 aquare feet. WHEREAS, slalina Realty ia the owner of two parcels of property located in Block l, Ocean Park, Delray Beach, Palm Beach County, Florida, bcing more particu- lazly described a~ follows: Parcel 1 The South 34.0 ft. of the North 41.0 fi. of the West I0.0 ft. of Lot 19, Block 1, Ocean Park, Delray Beach, Palm Beach County, Florida, according to the plat thereof recorded in Plat Book $ at page 15 of the Public Recorda of Palm Beach County, Florida, Containing 340 ~quare feet. Parcel it The South 4.0 fast of the North 45 feet of Lot 19, excluding that portion lying West of the are formed by a 4.0 ft. radius with its center at a point 4.0 feet East of the West boundary of Lot 19 and 4.0 feet North of the South bounciary of Lot 19; and the South 4.0 feet of tha North 450 feet of the West half (W~) of Lot lit, all in Block 1. Ocean Park. Dalr&y Beech. Palm Beach County. Florida, according to the plat thereof recorded in Plat Book it at pale 15 of the Public Racozda of Palm Beach County, Florida. Containing 176.6 square feet. WHEREAS, the City Council of the City of Delray Beach has previously. diacuaaed and ts of the opinion that it would be in the best interest of the City to exchange the above-referenced real property owned by the City for the above-referenced real property owned by Sallna Realty, upon the terms and conditions set forth in this Resolution. Such property to be exchanged on an equal basis with neither party paying any additional consideration with Salina Realty bearing all costs and expenses for such exchange of both piecea of property, including, but not limited to, owners title insurance, documentary stamps on the dasda of conveyance, and re~ording fasa for the deeds of convayance. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELItAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That tho City Council of tho City of Delrey Beach, Florid~ does hereby authorize tho Mayor to execute a standard form ~eneral warranty deed of the above-doec~lbad real p~operty lo~ated in the City of Delray Beach in accordance with the terns of this exchange, as set forth herein. PASSED AND ADOPTED in re~mlar session on this the June , 19S~. ATTEST: 10th MAYOR day of RES. N0.31-86 MI~MORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # <~ - REGULAR MEETING OF FEBRUARY 17. 2004 CONTRACT ADDITION/AOUIFER MAINTENANCE AND PERFORMANCE SYSTEMS. INC. FEBRUARY 13, 2004 This is before the City Commission to approve a contract addition to the Well Rehabilitation and Replacement Project in the amount of $40,000.00 to Aquifer Maintenance and Performance Systems, Inc. for additional production well rehabilitation services due to unexpected well/pump failures. Funding is available fi:om 442-5178-536-61.82 (Well Rehabilitation/Replacement). Recommend approval of the contract addition with Aquifer Maintenance and Performance Systems, Inc. for the Well Rehabilitation and Replacement Project S:\City Clerk\agenda mem~\Conteact Addition. Aquifer.0Z 17.04 City Of Delray Beach Department of Environmental Services M E M 0 R A 1N D TO: FROM: David T. Harden City Manager DATE: SUBJECT: U M www. m},delravbeach, com C. Danvers Beatty, P.E. Deputy Director of Public Utilities February 11, 2004 CONTRACT ADDITION - AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS, INC. Attached is an agenda request for a contract addition in the mount of $40,000.00 for Aquifer Maintenance and Performance Systems, Inc. (AMPS) for well rehabilitation and replacement. On October 10, 2001 a two year contract was awarded to AMPS for raw water well rehabilitation with an estimated annual cost of $75,000.00 (Bid No. 2001-041). The original contract included a provision which allowed a one year extension. Subsequently in July of 2003 the contract was extended with an expiration date of November 11, 2004. The year to date expenditures for this program in Renewal and Replacement is $67,762.00. We have experienced an unexpected number of pump and column failures thus far in the year as well as wells requiring acidization for capacity restoration. Due to the foregoing circumstances, the budgeted amount has been exhausted. Based on the rate of well related failures thus far in the year, we are requesting the additional $40,000.00 contract addition for AMPS in anticipation of further rehabilitation requirements. Funding is from R&R Account 442-5178-536-61.82, Well Rehabilitation/Replacement. (Budget transfer attached.) Please place this item on the February 17, 2004 Agenda for consideration by the City Commission. CC: Richard C. Hasko, P.E., Director of Environmental Services John Bullard, WTP Manager Jackie Rooney, Purchasing Supervisor City Clerk Agenda File C ADocuments and Scttings\bauerkLocal Se~tings\Temporary Interact Files\OLKE l\04Fcb I l-Aquifer Maint.doc AGENDA REQUEST Request to be placed on: X Regular Agenda __ Special Agenda Workshop Agenda Agenda Item Date: February 11, 2004 When: Febma~ 17, 2004 Description of item (who, what, where, how much): Staff requests Commission approval ora contract addition for Aquifer Maintenance & Performance Systems, Inc. (AMPS), in the amount of $40,000.000 for a total annual amount of $110,000.00. Normal annual budget is $70,000.00, however additional costs of unexpected well/pump failures require additional funding. Funding is from R&R Account 442-5178- 536-61.82, Well Rehabilitation/Replacement. (Budget transfer attached.) ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of contract addition for Aquifer Maintenance & Performance Systems, Inc. in the amount of $40,000.00. Department head signature: ~(~_ ~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (real, red on all items involving expenditure of funds): Funding available: 5~_~/NO Funding alternatives (if applicable) Account No. a Description t/~/,7' 5~7~'-~/,-11.Y,,~//-dt.~ ~I~, Accost Balance~/~ r~. a~ / b b~ /~],¢4 -- Ci~ Manager Renew: Approved for agenda: ~O ~ Hold Until: Agenda Coordinator Renew: Received: Placed on Agenda: Action: Approved/Disapproved U:\wwd ata~Forms~Agend a Requests\04Feb 11 -AgendaReq-AMPS.dcc [lTV OF DEUII:IY B~ Community Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director of Community Improvement Kendra W. Graham, C.D. Administrator ~ Febmary 11, 2004 2003-2004 Community Development Block Grant Subrecipient Agreement for Fair Housing Center of the Palm Beaches, Inc. - $3,000 Funding ITEM BEFORE THE COMMISSION: Approval is requested to execute an agreement for funding with the above listed subrecipient under the 2003-2004 Community Development Block Grant (CDBG) Program. BACKGROUND: In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on August 5, 2003, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2003-2004. The Action Plan contains and appropriation for the Fair Housing Center and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to subrecipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. RECOMMENDATION: Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2003-2004. FY 2003 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 1300 West Lantana Road, Suite 100, Lantana, Florida 33462. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration (~f the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal properly other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Three Thousand Dollars and 00/100 ($3,000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse $600.00 per seminar/session. Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit for each seminar/session conducted, the following documentation: a. An agenda displaying the date, time, and location of the session/seminar conducted (the CD Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees/attendees for each session/seminar; c. A request for funds/invoice (using Attachment "D" of this Agreement); d. Proof that each seminar/session was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report); e. An annual report is also due on October 10, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. 2 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2003, to September 30, 2004. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Aqreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Re,qulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub. L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and 4 9.2 9.3 9.4 9.5 b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CiTY pursuant to the terms of this agreement. Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for 5 9.6 9.7 Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. Lobbyin.q Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to Iow-and very Iow-income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the 6 9.8 9.9 qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be 7 9.10 9.11 9.12 9.13 met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. Rene,qotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. Riqht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 8 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested par/les and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: FAIR HOUSING CENTER Of THE GREATER PALM BEACHES, INC. By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 200_, by , who is personally known to me. day of Personally Known Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney NOTARY PUBLIC Sign Print OR Produced Identification CITY OF DELRAY BEACH, FLORIDA By: Mayor 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Fair Housing Center of the Greater Palm Beaches, Inc. under this Agreement will be to provide a minimum of five (5) Housing Industry Provider / Community Education Sessions for residents of Delray Beach, including school-age children and community organizations, upon the following terms and conditions: a. All five (5) seminars and sessions will be accomplished during the effective date of the contract period (October 1,2003 through September 30, 2004). Each seminar or session will be conducted following notification of the CD Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). Each seminar/session must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to CD Division prior to seminar/session). Reimbursement of expenses will be provided upon completion of each seminar/session, at the predetermined amount of $600.00 per seminar/session, with the total maximum reimbursement not exceeding $3,000 (for the five seminars/sessions). e. All seminars/sessions will be open to participants, free of charge f. The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide: Community Education Sessions for civic organizations, community based agencies, social service providers and/or schools within the municipal boundaries of the City of Delray Beach. These sessions shall be designated to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Sessions are to be conducted citywide on an ongoing basis during the program year. A minimum of three (3) sessions shall be conducted during the period beginning October 1, 2003 and ending September 30, 2004. One (1) of the sessions will focus on the education of children about housing discrimination. Housing Industry Provider Education Seminars for developers, real estate brokers, property managers, financial institutions, and the media/advertising industry. The seminars shall provide information on fair housing laws, Community Reinvestment Act regulations and affirmative marketing requirements. A minimum of two (2) seminars shall be conducted during the period beginning October 1,2003 and ending September 30, 2004. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Advertising ~/ Bad debts ~/ Bonding ~/ Communication ~/ Compensation, personnel services ~/ Contingency provisions -] Contributions (to others) ~/ Depreciation, use allowance ~/ Donations (from others) ~/ Employee morale, health, welfare ~/ Entertainment ~/ Equipment ~/** Fines, penalties ~/ Fringe benefits ~/ Fund raising, interest, investment management ~/ Idle facility, idle capacity ~ Insurance & indemnification ~/ Interest Labor relations ~ Lobbying ~/ Losses on other awards ~/ Maintenance, repair ~/ Materials, supplies ~/ Memberships, subscriptions, professional activity ~/ Organization costs ~/** Overtime, shift premiums ~/** Page charges in professional journals (research) ~] Participant support costs ~/** Patent costs ~/ Pension plans ~/ Plant security ~/ Pre-award costs ~/** Professional services ~/ Profits, losses on asset disposition ~/* Public information service V*** Publication and printing costs ~/*** Rearrangement, facility alteration ~/** Reconversion costs ~/ Recruiting ~/ Relocation ~/* Rental ~/ * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Royalties, use of patents, copyrights Severance pay Specialized service facilities Taxes Termination-related costs Training, education Transportation Travel ~/* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his ContractJAgreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda Date: February 11, 2004 When: February 17, 2004 Description of item: Request to approve and execute a subrecipient agreement with the Fair Housing Center of the Palm Beaches, Inc. for funding under Fiscal Year 2003-2004 CDBG Grant Program. Funding will be made available from accounts within the CDBG budget. Total funding is $3,000. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval and execution of the subrecepient agreement for funding. Department Head Signature: ~~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~O~ Funding Alternatives: (if applicable.) Account No. & Des~ption: Account Balance: o~O012, t20 City Manager Review: Approved for Agenda:~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved TO: THRU: FROM: SUBJECT: D T. HARDEN, CITY MANAGER P/t, UL DOR/LING~IRECTOR OF PLANNING & ZONING ~A~ARKING MANAGEMENT SPEC,AUST MEETING OF FERUARY 17, 2004 - REGULAR AGENDA APPROVE THE EXTENSION OF THE CURRENT PARKING LICENSE AGREEMENTS THROUGH APRIL 30, 2004 At the City Commission meeting of December 2, 2004, Staff presented recommended changes to the Parking License Agreements which were scheduled to expire on December 31, 2003. After considerable discussion, Staff was directed to reconsider some of the proposed modifications and to schedule consideration of the changes by the Parking Management Advisory Board (PMAB). A 60 day extension to the agreements was granted to allow time for the Board and Staff to meet and resolve these issues. The Board was unable to achieve a quorum during the December and January meetings. A modification to the PMAB by-laws is being proposed which will enable the Board to reach a quorum more easily. In the interim, an extension to the agreements must be granted so the restaurant valets may operate legally. By motion, approve the extension of all parking license agreements through April 30, 20O4. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # <~ C_. - REGULAR MEETING FEBRUARY 17. 2004 SERVICE AUTHORIZATION #19/MATHEWS CONSULTING. INC. FEBRUARY 13, 2004 This is before the City Commission to approve Service Authorization #19 with Mathews Consulting, Inc. in the amount of $74,445.00 for design of water main upgrades and associated improvements to SW 11m Avenue, S.W. 12~h Avenue, and S.W. 3~ Street. Funding is available from 442-5178-536-65.97 (Water/Sewer Renewal/Replacement Fund/Other Improvements/S.W. 12m Ave., S.W. 11e~ Ave. and S.W. yd St.). Recommend approval of Service Authorization #19 with Mathews Consulting, Inc. in the amount of $74,445.00 for design of water main upgrades and associated improvements to SW 11m Avenue, S.W. 12m Avenue, and S.W. 3~ Street. S:\City Cle'tk\agenda memos\SetviceAuth.# 190Mathews.0Z 17.04 City Of De. lray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden /~ /~ Randal L. Krejcarek, P.E. 10 Feb 2004 SW 1t= Ave, SW 12th Ave, SW 3rd Street Water Main Upgrade Project Commission Agenda Item Project # 2003-053 The attached agenda item is for Commission authorization/approval for Mayor to execute Service Authorization #19 with Mathews Consulting, Inc. for design of water main upgrades and associated improvements along the following streets: · SW 11th Avenue from SW 4th Street to West Atlantic Ave · SW 12th Avenue from SW 4~ Street to SW 2n~ Street · SW 3r" Street from SW 13th Avenue to SW 10M Avenue This project is part of the City's Two Inch Water Main Replacement Program. Sidewalks will also be included along each street. The water main portion of the project is estimated to cost $460,500.00 and the sidewalk portion is estimated to cost $210,000.00. The cost of this Service Authorization is $74,445.00. which is broken down as follows: · $45,832.00 Design · $17,325.00 Survey · $ 3,300.00 Geotechnical · $ 2,188.00 Permitting · $ 3,300.00 Utility Verification · $ 2,500.00 ' Direct Expenses The attached map shows the project location. Please place this item on the 17 Feb 2004 Commission Agenda. Thanks enc cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file S:~EngAdmin~Pmjects~OO3~OO3-O53~OFFICIAL ~O04-02-17 agenda memo. doc ATLANTIC AVENUE ,W, 3RD TH ST, r S,W 5RD CT. 4TH ST AUBURN CIRCLE NORTH S.W. 6TH ST CITY of DELRAY BEACH ENVIRONMENTAL 8EI:WICE8 DEPARt3aENT SW 11TH AVE, SW 12TH AVE, SW 3RD ST. BATE:2-11-21X)~. WATERMAIN IMPROVEMENTS Jw11.12.ovesw3st 2oo3-o5~ 1 of 1 Jan 08 O~ 08:55a Mathe~s Consultinc, Inc. (561~ CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO, 19 FOR CONSULTING SERVICES CITY P.O. NO.. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT, PROJECT NO. TITLE: SW 12TM Avenue, SW 11th Avenue, and SW 3rd Street Infrastructure Imvrovement~ This Service Authorization, when executed, shall bc incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Rn~ineering Services PROJECT DESCRIPTION Thc project involves the installation of 8-inch water main upgrades w/ trench repair, sanitm3~ sewer and/or lateral point repairs w/ trench repair, and neighborhood improvements (e.g. sidewalks on one side of thc road, mailbox relocation, and swale development on both sides of road) within thc project limits. The scope of this Service Authorization is, but not limited to providing geotechnicai services, survey services, final design, permitting, and bidding services for the following work: 1. The water main improvements are as follows; S, I'K, 11th Avenue.. Install approximately 2,600 linear feet of 8-inch water main on S.W, 11th Ave. from S.W. 4~ St. to just south of Atlantic Ave~ Tie-ins are to be made at the interseetion's of S.W. 11th AvedS~W. 4m St., S.W. 11m Ave../S.W. 3ra St., S.W. llth Ave./S.W. 2"a St. and S.W. 11m Ave./S.W, 1st St. A stub-out will be located on S,W. 11t~ Ave,, just south of FDOT Atlantic Avenue right-of-way. This will also include removing approximately 1,480 linaar feet of 2-ineh water main along S.W, 1 lm Ave. from S.W. 2na St. to Atlantic Ave. The existing water services located in the alley between S.W. l Ith Ave. and S.W. l0th Ave. will be reconnected. The City shall provide Consultant with planimetric drawing indicating which houses to reconnect along S.W. 11th Ave. SWl 2thAve/SW 1 lthAve/gW3rdSt01/08/04 1 MATHEWS CONSULTING Jan OB 04 08:55a Nath~ms ConsultinC, Inc. (56~. 478-7964 Il. Install approximately 1,320 linear feet of 8-inch water main on S,W. 12th Ave. from S.W. 4th St. to S.W. 2"d St. Tie-ins are to be made at the interseclion's of S.W. 12th Ave,/S,W. ~.th St., S.W, 12th Ave./S.W, 3~d St, and S,W. 12th Ave./S.W. 2',d St. This will also include removing approximately 600 linear feet of 2-inch water main along S.W. 12th Ave. from S.W. 3~ St. to S,W. 2"d St, The existing water services located in the alley between S.W. 12th Ave. and S.W. 11th Ave. will be reconnected. The City shall provide Consultant with planimetric drawing indicating which houses to reconnect along S.W. 12th Ave. S.W. 3r~ Street Install approximately 800 linear feet of 8-inch water main on S.W 3~d St, from S.W. 13t~ Ave. to just west of S,W. l0th Ave. Tie-ins are to be made at the intersection of S.W. 3r~ St./S.W. 13th Ave., S.W. 3~d St./S.W. 12th Ave., and S.W. 3ra St./just west of S.W. l0th Ave. The sanitary sewer improvements within the project area will be based on the City's TV inspection reports. The City shall provide Consultant copies of TV inspection reports within 30 days of issuing notice-to-proceed. SCOPE OF SERVICES Phase I - Study and Report Phase Not Applicable. Phase II - Preliminary DesiRn Phase Not Applicable. Phase HI - Final Desien Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated June 2, 1999. Field reconnaissance of the proposed pipeline corridor shall be performed. Photograph log walk-through will be included. In addition, potential underground existing utilities will be identified. ,qw 12thAve/SW 11 thAve/SW3rdSt01/08/04 2 MA, THEWS CONSULTING 3an OB 04 OB:SBa Ma~h~s Consultin~ Inc. (SB~ 47B-79B~ p.4 Coordination with utility agencies shall be performed to collect record inisrmation. This Subtask includes r~conciling apparent discrepancies between record in£ormation and existing photographic and field-verification information. Consultant shall prepare construction drawings which shall include: cov~r sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2000 format. Contract documents consisting of "front-end" documents and technical specifications shall conform to City of Delray Beach Stmldards and the FDOT Standard Specifications for mad and bridge work. Drawings and specifications (four copies) shall be submitted for City review at 60% and 90% stages. Consultant shall meet with the City to discuss comments, and incorporate co~mnents into final documents. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of AutoCAD (Version 2000) files in electronic format on CD. Specifications shall be pmvidefl in electronic PDF format. At the 60%, 90% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. _Phase IV - Biddinn/Neuotiation Phase 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide twenty-five (25) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall attend pre-bid conference and provide a written summary of issues discussed. sw 12thAvc/SW 11 thAve/SW3rdSt01/08/04 3 MATHEWS CONSULTING Jan OB 04 OB:SBa Mathe~s Consultinc, Inc. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Phase V - Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit an Addendum to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City. Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-of-way of the established construction limits will be referenced by baseline station with aaa offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. All topographical surveys shall have stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the right-of-way (including 5- feet back on each side of the right-of-way) of the project linfits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. This also includes the front two comers of the building on each lot. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, m',w_hole inverts and direction, rim elevations, laterals, and dean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and tim/grate elevations), and all other accessible structures. SWI 2thAve/SWl I thAveJSW3rdSR)l/08/04 4 MATHEWS CONSULTING Jan 08 04 08:S?a Math~=s Consul~inc, Inc. (561~. 478-?~64 p.6 This will include coordination with Sunshine and City of Delray Beach. Do not use City of Del~ay Beach Atlas for locations. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of- way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade The survey shall include topography of the complete intersection, 25 feet beyond radius returns, at the terminal end of each street. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. The above topographical survey data will be prepared in AutoCAD (Version 2000) · format at a scale of 1"=20', as one continuous file. Other~ Consultant shall furnish the services of a professional geot¢chnical engineer to provide subsurface investigations of the project area that will include: 1. Perform up to ten (10) standard penetration test (SPT) borings to an average depth often (10) feet. 2. Evaluate field data collected and provide geotechnical engineering evaluation report. Other~ At the outset of the Design Phase the Consultant shall meet with the appropriate pennitting agencies to deten~ine potential permitting requireunents. Agencies anticipated to have jurisdiction over the project include: Palm Beach Comity Health Department (PBCHI)). Permit applications shall he completed for PBCHD. Associated permit application fees shall be determined by Consultant and paid by City. SW 12thAve/SW I IthAve/SW3rdgt01/08/04 5 MATIt~WS CONSULTING 2an 08 04 08:57a Math~w$ Consult~n~, Inc. (561~ 478-7964 p.7 In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies, · Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit applications. · Kespond to request(s) for additional information from each agency, Qther - Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording approximate horizontal location of affected utilities within the project limits. It is anticipated that approximately fiReen (15) utility locations will need to be pot-holed. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise ,City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will bc negotiated with City. 1. City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. 2. City personnel will assist in field verification of affected existing City facilities. 3. Consultant can assume that all existing and proposed water main alignments is within City of Delray Beach, Palm Beach County, and FDOT rights-of-way. 4. City will be responsible for acquisition of easements (including temporary), if required. 5. City shall provide Consultant locations of sanitary sower point repairs based on TV inspection reports. ADDITION AL SERVICES Consultant shall provide additional engineering services relating to the provision of sanitary, water, drainage, reclaimed water and roadway improvements to the project area that are not covered m~dcr this Service Authorization. These additional services may be required due to SW 12thAve/SWI. I thAve/SW3rdSt01/08/04 6 MATHEWS CONSULTING Jan 08 04 08:S8a MaYhems Consul~inc, Inc. (561!. 478-7864 p.8 uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acqUisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the fee to be paid in accordance with the Agreement. · A time established for completion of the work. I11. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). ~rvices Survey Phase III - Final DesignO) Permitting Time per Phase Cumulative Time 8 weeks 8 weeks 16 weeks 24 weeks 4 weeks 28 weeks Phase IV - Bidding 6 weeks 34 weeks O) Geotechnical and Field Verification will be cotnplered during Phase III - Final Design time period. IV. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. ~ices Phase III - Fhial Design Phase Phase IV - Bidding Phase Surveying Geotechnical Pemlitting Field Verification Out-of-Pocket Expenses Additional Services TOTAL PROJECT COST Estimated Fees $ 42,683,00 $ 3,149,00 $ 17,325.00 $ 3,300.00 $ 2,188.00 $ 3,300.00 $ 2,500.00(~) $ 15,oo0,00 $ 74,445.00(2) Note,w, (l)Out_of_Pocket Expenses include the following: printing/reproduction and postage. (l)Total project cost does not include the $15,000 for Additional Services (If authorized by the City). SW 12thAve/SW 11 thAve/SW3rdStO 1/08/04 7 MATHEWS CONSULTING 3an OB 04 OB:SBa Mathe~$ Consulting, In~. (SGi~ 47B-~B4 p.8 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the serViCes rendered in the previous phase whereas encompassed by the previous Selwice Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incturing any further liability. The Consultant may not commence work on and Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: Jeff perlman, Mayor MATHEWS CONSULTING, INC. Date: David Mathews, P.E., Vice President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA cOUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of_ ,2004 by David Mathews, Vice president of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (pemonally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement SW12tt~ve/SWI lthAvedSW3rdStOl/08/04 8 MATHEWS CONSULTING Jan 08 04 08:59a Mathe~s Consulting, Inc. (561~ 478-78~4 p. lO Date: 10 Feb 2004 AGENDA ITEM NUMBER: AGENDA REOUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 17 Feb 2004 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute Service Authorization #19 with Mathews Consulting, Inc. for design of water main upgrades and associated improvements along the fo]lowing streets: SW 11th Avenue from SW 4th Street to West At]antic Ave, SW 12th Avenue from SW 4tn Street to SW 2nd Street, SW 3rd Street from SW 13th Avenue to SW l0th Avenue. The cost of this Service Authorization is $74,445.00. · Staff Recommendation: Approval , Department Head Signature: ~-~ ~I~ .~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: (~ No Initials: Account Number 442-5178-536-65.97 Description SW 12th Ave/SW 11th Ave/SW 3rd St. Account Balance: $486,000.00 Funding Alternatives: City Manager Review: Approved for Agenda: ~/No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) S:\EngAdmin\Projects\2003\2003-053\OFFICIAL\2004-02-17 agenda.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 17. 2004 {3RANT AWARD FOR HOUSING REHABILITATION CONTRACT DATE: JULY 8, 2003 This is before the Commission to consider approval of the following housing rehabilitation contract: · $21,939.75 to South Florida Construction for 820 S.W. 5t~ Avenue · $22,863.75 to South Florida Construction for 241 N.W. 7e~ Avenue Funding for the total amount of $44,803.50 for this grant is available from 118-1924-554-49.19 (Community Development/State Housing Initiatives Partnership (SHIP) Grant/Homing Rehabilitation). Recommend approval of the housing rehabilitation grant/contract award as outlined above. S:\City Clerk\agenda memos\CDBG H°usmg Rehab Award.0Z IZ04 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kendra W. Graham, C. D. Administrator ~ Lula Butler, Community Improvement Director February 11, 2004 Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for two (2) Housing Rehabilitation grant awards to the lowest responsive bidders. This request is in accordance with the City's Community Development 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, 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 Community Development 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 Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible 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. RECOMMENDATION Staff recommends awarding the bid for two (2) Housing Rehabilitation projects to the verified responsible low bidders and authorize awards in the following amounts: Case Number Address Contractor Grant Amount 02-013 HR 820 SW 5th Avenue South Florida Construction $ 21,939.75 01-035 HR 241 NW 7th Avenue South Florida Construction $ 22,863.75 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2004-17 SH APPLICANT: Vera Johnson PROJECT ADDRESS: 241 NW 7th Avenue DATE OF BID LETTERS: January 22~ 2004 DATE OF BID OPENING: February 5, 2004 NAME OF CONTRACTORS ABISSET CORPORATION ALPHA SOUTH CONSTRUCTION CRAFTSMAN PLUS, INC. DANIEL MORGAN HENRY L. HAYWOOD PAUL HENSEL CONSTRUCTION PRESTON CONSTRUCTION SOUTH FLORIDA CONSTRUCTION HORIZON ROOFING PETITO ROOFING WRIGHTS WAY ROOFING DO ALL CONTRACTING, INC. AMOUNT OF BIDS $ $ $ $ $ 22,475.00 $ $ 21,775.00 $ IN-HOUSE ESTIMATE $ 21,114.67 CONTRACTOR AWARDED CONTRACT: South Florida Construction BID/CONTRACT AMOUNT: $ 21~775.00 + 5 % Contingency (1,088.75) = $ 22,863.75 FUNDING SOURCE: State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Account No. 118-1924-554-49.19 COMMENTS: Bids reflect the removal of irrigation and landscaping from all bids- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2004-17 SH APPLICANT: Lillie Grover PROJECT ADDRESS: 820 SW 5th Avenue DATE OF BID LETTERS: January 22~ 2004 DATE OF BID OPENING: February 5~ 2004 NAME OF CONTRACTORS ABISSET CORPORATION ALPHA SOUTH CONSTRUCTION CRAFTSMAN PLUS, INC. DANIEL MORGAN HENRY L. HAYWOOD PAUL HENSEL CONSTRUCTION PRESTON CONSTRUCTION SOUTH FLORIDA CONSTRUCTION HORIZON ROOFING PETITO ROOFING WRIGHTS WAY ROOFING DO ALL CONTRACTING, INC. AMOUNT OF BIDS $ $23,225.00 $ $ No Bid $ 20~895.00 $ IN-HOUSE ESTIMATE $ 19~309.82 CONTRACTOR AWARDED CONTRACT: South Florida Construction BID/CONTRACT AMOUNT: $ 20~895.00 + 5 % Contingency (1~044.75) = $ 21,9393.75 FUNDING SOURCE: State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Account No. 118-1924-554-49.19 COMMENTS: Agenda Item No.: ~3~ AGENDA REQUEST Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda __ Consent Agenda Date: February 10, 2004 When:Februaryl7,2004 Description of item: (who, what, where, how much): Case Number Address Contractor Grant Amount 02-013 HR 01-035HR 820 SW 5th Avenue South Florida Construction $ 21,939.75 241 NW 7th Avenue South Florida Construction $ 22,863.75 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends approval of two (2) State Housing Initiative Partnership (SHIP) Housing Rehabilitation Grants and Contract awards from Account 118-1924-554-49.19 in the amounts listed above for a total award of $ 44,803.50. SHIP Total: $44,803.50 Account 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)~ ~,o.~ Funding Available: ~/NO Funding Altematives: (if applica, b21 ,e) City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~-~- - REGULAR MEETING OF FEBRUARY 17. 2004 PURCHASE ORDER INCREASE FEBRUARY 13, 2004 This is before the City Commission to approve an increase of $12,000.00 to blanket purchase order #615040 to cover payments for Ferric Chloride delivery for November and December, 2003. When the purchase order was approved in November, the need for Commission approval was overlooked. Funding is available fi:om 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). Recommend approval of an increase of $12,000.00 to blanket purchase order #615040 to cover payments for Ferric Chloride delivery for November and December, 2003. S:\City Clerk\agenda memoa\PO Increase.0Z 17.04 N MO PURCHASING DIVISION TO: FROM: THROUGH: SUBJECT: DATE: David Harden, City Manager Patsy J. Nadal, Buyer Joseph Safford~nce Director Purchase Order #615040-PVS Technologies, Inc. November 12, 2003 The Water Treatment Plant is requesting approval for an increase of $12, 000.00 to purchase order number 615040 to cover the remainder of November and December 2003 for the purchase of Ferric Chlodde (see attached memo, dated 11/11/03). Funds from account code: 441-5122-536-52.21 If you approve, please sign below and return to Purchasing. City Manager Date ' Attachments: Memo PURCHA EORDER' CHANGE! NO.: 1 C~RNGE DATE: 11/13/2003 VENDOR: PVS TECHNOLOGIES INC 10900 HARPER AVENUE OETROIT MI PURCHASING DIVISION 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7115 SHiP TO: 46213 CITY OF DELRAY BEACH FLORIDA ~ATER TREATHENT PLANT 200 SW 6TH STREET DELRAY BEACH FL 33444 10/15/2003 GARY MCGUFFEY ~ULLAR DJ/G ILL/CONF I RME D 00(:)01070~9 NET 26500.00 * CHANGE ORDER * * CONFIRMATION COPY - DO NOT DUPLICATE * BLANKET PO FOR FERRIC CHLORIDE APROX. DATES - 10/1/2G03 TH~U 12/1/2003 APPROVED 8Y CITY MANAGE~ 10/3/2003 REMARKS: TOTAL CHANGE ORDER ~I-IN(~EASE PO $t2~0D0. REQUEST FOR ON-GOING WTP TEST APPROVED BY CITY MANAGER 11/13/2003 ACCOUNT: 44151225365221 PE~ 1.00 DE T 26500,00 26500.00 BILL TO: CITY OF DELRAY BEACH ACCOUNTS PAYABLE 100 N.W. 1at AVENUE DELI/AY BEACH~ FLORIDA ~ APPROVED ' '- ~,UTHORIZ~ SIG~IATURE PURCHASING PURCI-rASE ORDER- DATE: 10 / C ,~/,. J ~ , PURCHASING DIVISION 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33~-!.~ 56t/243-7115 VENDOR: SHIP TO: PVS TECHNOLOGIES INC 1090~ ttARPER AVENUE DETROIT C~TY ~F ~ELRAY ~EACH FLO~!,OA WATER TREATMENT PLANT ZOO SW ~TH STREET DELRAY ~EA£H FL 33444 14&~1 10/15/Z003 GARY NCGUFFEY ~LULLAR DJ/G ILL/CO NFI RI~E b OOO0107Ob~' NET * C~NFIRMATI~N COPY- DC N~[ DUPLICATE * 1 1~500.00 EA t~LANKET PO EQR FERRIC ~HLQR[DE 1.00 14500.0~ APRQX. DATES'- 10/1/2003 THRU 12/1/2003 APPROVED ~Y CITY MANAGER 10/3/2~03 TOTAL 1~500.00 ACCOUNT: 441512253~5221 BILL TO: APPROVED CITY OF DELRAY BEACH ACCOUNTS PAYABLE 100 N,W. l~t AV~NU~ DELRAY BEACH, FLORIDA 33444 --. , ,~ -'"" A//---, - c~:,W,cA'I'~ NO 6o-om,,,. art) AI~HOaI'Z~D SIGN~UR SUBJI, L'~ FO ~lt~l~ C.~t~'~ION$ AS ON REVERSE OR ATTAC I I I City Of Delray Beach DeparOnent of Ew~ironmental Sen,ices M E M 0 R A N D U M TO: FROM: I I www. delrayesd, com J~kie Rooney - Purc. h?-~ing Manager John M?/~ullard, Manager - WTP SUBJECT: PVS Technologies- Ferric Chloride DATE: November 11, 2003 The Ferric Chloride experimentation over the past year has been successful and the final stage of implementing this process is now scheduled to begin in the New Year. Before going to bid on Ferric Chloride we have to install the tank that has been purchased and delivered. When this has been completed and the necessary permit has been obtained we will be ready to take the final step in piing the bid We therefore request that our blanket P.O. # 615040 be increased by a further $12,000.00 to cover the remainder of November and December's Ferric Chloride purchases. C: [Ooc'un~t~ and .~ttngs~nC,~rr, o~ S~gsWe~ary Interr~ Ptl~lOLKl 7h~n~y F~r~¢ Chl~d~ Nov OS. doc AGENDAITEM NUMBER: AGENDA REQUEST Request to be placed on: February 17, 2004 Date: February 3, 2004 XX Consent Agenda Special Agenda __ Workshop Agenda Deecription of agenda item: Request to increase blanket purchase order number 615040 by $12,000.00, bringing the total purchase order mount to $26,500.00 for the purchase of Ferric Chloride that is used for the purpose of water purification. The Ferric Chloride experimemation over the past year has been successful and the final stage of implementing this process is now in place. The storage tanks are installed and the test stage has been completed. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Staffrecommends approval of an increase of $12,000.00 to blanket purchase order number 615040 to cover payments for the months of November and December 2003 delivery of Ferric Chloride. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: Account Number: t~ Account Description: Account Balance: (if applicable) Cit~ Manager Review: Approved for agenda~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~'- - REGULAR MEETING OF FEBRUARY 17. 2{)04 PURCHASE ORDER INCREASE FEBRUARY 13, 2004 This is before the City Commission to approve an increase of $16,406.60 to purchase order #617399 as an emergency request for an additional pool heater to be installed at Pompey Park Pool. Funding is available from 334-6112-519-46.10 (General Construction Fund/Building Maintenance). Recommend approval of an increase of $16,406.60 to purchase order #617399 for an additional pool heater to be installed at Pompey Park Pool. S:\City Clerk\agenda m~nos\PO Increase. Pompey Park.0Z 17.04 MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Manage~ Joseph Safford, ~Director February 13, 2004 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING FEBRUARY 17, 2004 - EMERGENCY REPAIRS FOR HEATERS AT POMPEY PARK POOL Item Before Commission: City Commission is requested to approve the increase of purchase order #617399 for Symbiont Service Corporation for emergency repairs at the Pompey Park Pool. Background: On January 15, 2004 a purchase order was issued to Symbiont Service Corporation for the replacement of a pool heater at Pompey Park as the current heater was not working. Purchase order #617399 was issued to Symbiont Service Corporation based on quotes received. This purchase was approved by City Manager January 14, 2004 for $14,531.60. In the process of installing this pool heating unit, the other heating unit at the pool has failed twice and the technicians will not guarantee it can be repaired. To be more cost effective, it has been determined that while the vendor is on site changing out the first pool heater, it would save cost of additional reinstallation costs to install this second trait at the same time. The Director of Parks and Recreation is requesting an increase to Purchase Order #617399 of $16,406.60 for this additional unit to be installed for a total amount of the current purchase order to $30,938.20 per the attached memo dated February 05, 2004. Proposal dated February 02, 2004 from Symboint Service Corporation is also attached. This increase was approved by City Manager February 12, 2004 as an emergency repair for Pompey Pool Heaters. Recommendation: Staff recommends the approval for the increase of pumhase order #617399 with Symbiont Service Corporation. Funding from account code 334-6112-519-46.10. Attachments: Memo From Director of Parks & Recreation Memo From Fleet Maintenance Superintendent Proposal from Symbiont Service Corporation Date: subject: Draft Memorandum FEB C- 200/, CITY'MANAGER City Manager - David Harden Director of Parks and Recreation~qoe Weldon Assistant Director of Parks and Recreation - Rich Connell February 5, 2004 Emergen~ repair of Pompey Pool Heaters Please see attached quote from Symbiont Service Corporation for the purchase of an additional replacement pool heating unit, well pump, rack, and installation charges. Initially it was thought we could continue to use the remaining GAC heating unit to save money, but it has now failed twice since the first Symbiont Heater was ordered and technicians will not guarantee they can repair it to keep it operating for any length of time. Due to the larger size of the Symbiont Heating units they will have to be plumbed and mounted in a steel rack one atop the other. To only purchase and install one at this time would mean taking it out and reinstalling it again when the second unit is purchased and installed. Aiter meeting with the service technicians from Symbiont earlier this week it is apparent the most cost effective repair is to change out both units once and the falling pool pump so as to have a completely new pool heating system which is designed to function as a total package. This also saves the cost of an additional reinstallation cost of the first unit as stated above. To daIe the City has purchased 1 Symbiont Model PHH-215 Ceo Thermal Unit including installation for $14, 531.60. I request the purchase of an additional unit at the same price, a $750 custom angle iron rack for installation of both units as described above, end a well pump to replace the inappropriate pool pump to supply well water to the units $1,125.00 for a total additional cost of $16, 406.60. Purchasing advised existing PO ~617399 with your approval will be increased to cover the additional items and charged to the General Construction Fund g334-6112-519-46.10 for Building Maintenance. ~tion Cc: Budget Technician - Alberta Gaum · , - 8';'/84/c'80d 88: 4~ 94'147393D6 SYflBIONT SERVIC[ CO Oelray Beach Parks & Recreation Pompey Park Pool 1102 NW 3rd Street Delray BeaCll, Flori(ia 33444 (941) 474.9306 F~x (941) 4739306 1-800881,.4326 2/4/2004 Pitons; 561-243-725:; Fax: 561-243-7268 Contact: Rlcharcl Connell Replace Existino GAC (195-A-707)Pg01 Heater with ~;~nblont Geo-'lherm;~[ 1 Symblont Model PHH-215 $ Less Cl~angeout Discount: $ $ Installation: Complete installation as replacement of existing heater, inclUding pool and source water piping modifications a~K] Interlock control wiring as required, external digital thermostat, system start, up and balance. I We!dost angle Iron equ preen[ r~ck for tint[ placement 14,695.00 1 ~763 40 12.931.60 $ 750.00 SoUrce Water: From existing well, if adequate. I 100 GPM Wei! Pump Installation as replacement for the exlsitlng pump $ 1,125.oo Electrical: From existing, Included. Optional: 1- RV:6 Fector~ installed reverse Wcie pool coell~g_p~l[~g~ Complete installation i~iuding m~eri~l and labo~ ................................ * LoCa~ pe~it~ ~lt~o~! a~ Warmn~ 1 ~ear S~blont ~cwl~ Co~ all pads a~d labor on tl~e Inslall~i~n. 5 year man~ure¢~ alt p~ds and labor on the ~bio~ Un~. $ 1,600,00 16:406.60 Terms: Balance upon completion of Installation. Submitted By:~ Accepted by: ' PU! R'AS E ORDER DATE: 1/15/200/* PURCHASING DIVISION 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7115 VENDOR: SHIP TO: SYMBIONT SERVICE CORPORATION 3/*8 WEST GREEN STREET ENGLEgOOD FL 3/*~3 617399 I THIS NUMBER MUST ~P~R ON A~ INVOI~8, PACKING LISTS, ~BE~, BI~S OF ~DING AND CORRESPONDENCE+ CITY OF DELRAY BEACH FLORIDA POMPEY PARK 1101 NW 2ND STREET DELRAY BEACH FL 33/*44 14672 1/26/2004~ SANDRA BOWEN GAUM/WELDON 0000109129 NET 14531.60 ER REPLACE POOL HEATER WITH $¥MBIONT. 1.00 GED-THERMAL POOL HEATING SYSTEM-GAC (95-A-?06) POOL HEA'ER. MODEL PHH-215 $14.695.1)0 LESS CNAGEOUT DISCOUNT $ 1,763.,~0 TOTAL $12.931.,i0 INCLUDES MATERIAL AND LABOR WITH COOLING PACKAGE PER STATE HEALTH CODE REIUIREMENTS $ 1~600.~0 TOTAL TOTAL 1/.531.6 REMARKS: FAX ATTN: 9/.1-/.73-9306 NEED WORK Ao$.A.P - THANKS APPROVED BY CITY MANAGER 01/14/0/* ACCOUNT: 53/.6112519/.610 I BILL TO: APPROVED CITY OF DELRAY BEACH ACCOUNTS PAYABLE 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 AGENDAITEM NUMBER: AGENDA REQUEST Request to be placed on: February 17, 2004 Date: February 13, 2004 XX Consent Agenda __ Special Agenda __ Workshop Agenda Description of agenda item: Approve emergency request to increase purchase order #617399 by $16,406.60 for an additional pool heater to be installed at Pompey Park Pool. The new total of the purchase order would be $30,938.20. Emergency request approved by City Manager on February 12, 2004. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve the increase to Purchase Order #617399 of $16,406.60 for as a emergency request to add an additional pool heater to be installed at the Pompey Park Pool for a total amount of $30,938.20 for this purchase order. Funding from account code 334-6112-519-46.10 DepartmentHeadSignature: ~, Determination of Consistency wi~omprehensive Plan:' City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~-unoing available: Yes ,~"'~ No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~ Hold Until: Agenda Coordinator Review: Received: (if applicable) No MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~d~ - REGULAR MEETING FEBRUARY 17. 2004 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: FEBRUARY 13, 2004 Attached is the Report of Appealable Land Use Items for the period February 2, 2004 through February 13, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\agenda memo~\apa~mem.0Z 17.04 TO: THRU: FROM: SUBJECT: D~A~MANAGER PAUL DoRLING, DIF~;:~CTOR OF PLANNING AND ZONING IN ALLEN, PLANNER MEETING OF FEBRUARY 17, 2004 *CONSENTAGENDA* REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 2, 2004 THRU FEBRUARY 13, 2004 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of February 2, 2004 through February 13, 2004. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No meeting of the Planning and Zoning Board was held during this period. A. Approved (6 to 0, Mark Gregory stepped down), the master sign program for Delray Professional Center, an existing office development, located on the north side of West Atlantic Avenue, at Hamlet Drive (4205 West Atlantic Avenue). B. Approved (7 to 0), the installation of fiat wall signs for Congress Commerce Center, an existing mixed-use (office/industrial) development, located at the southeast corner of Congress Avenue and Lake Ida Road. The Board tabled action on the proposed directional signs. C. Approved with conditions (7 to 0), a request for a color change for 355 Office Building Condo, an existing commercial building located on the east side of NE 5m Avenue City Commission Documentation Appealable Items Meeting of February 17, 2004 Page 2 (southbound Federal Highway), between NE 3rd Street and NE 4th Street (355 NE 5t~ Avenue). D. Approved with condition (7 to 0), a request for a color change for Hank May's Tire & Auto, Inc. an existing commercial building, located on the west side of Congress Avenue, north of Marty Fladell Drive (220 North Congress Avenue). E. Approved (7 to 0), the request to delete the inclusion of the new textured stucco treatment along a portion of the north building elevation for Park Avenue BBQ, located at the northeast corner of SE 5th Avenue (southbound Federal Highway) and SE 10th Street (969 SE 5th Avenue). F. Approved (7 to 0), a Class I site plan modification for the construction of a 920 square foot addition to an existing single family residence located within the Delray Lakes Planned Residential Development (PRD) at 1015 Anchor Point. G. Granted (7 to 0), an eighteen (18) month extension for Kilwin's Quality Confections, located on the west side of NW 17th Avenue, south of Fountain Way within the Delray Park of Commerce development. H. Approved (6 to 0), a Class II site plan modification and landscape plan associated with the installation of an ingress/egress point to SW 10~ Avenue for Lakeside at Delray, located th on the east side of SW 10 Avenue, south of Linton Boulevard. Tabled (7 to 0), a Class II site plan modification, landscape plan and building elevations associated with the construction of a 70-room hotel for Hotel Vista Del Mar, located on the west side of Ocean Boulevard (State Road A-l-A), approximately 300 feet south of East Atlantic Avenue. The Board voiced concerns with respect to the traffic circulation on site and traffic impacts on Salina Avenue. Approved (6 to 0 James Keavney absent), a Certificate of Appropriateness associated with the installation of hand railings for Cason Cottage, located at the northeast corner of Swinton Avenue and NE 1st Street (5 NE 1st Street). Tabled (5 to 0, Francisco Perez-Azua stepped down), a Certificate of Appropriateness associated with the addition of tiles to the building fa(;ade for Tapas, located on the south side of East Atlantic Avenue, east of Swinton Avenue (8 East Atlantic Avenue). The Board tabled the item and requested that the applicant provide color samples of the proposed tiles. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - February 17, 2004 LAKE IDA ROAD S.W. 2NDS~ S.P.R.A.B.: A. DELRA Y PROFESSIONAL CENTER B. CONGRESS COMMERCE CENTER C. 355 OFFICE BUILDING CONDO D. HANK MA Y'S TIRE & AUTO, INC, E. PARK A VENUE BBQ F. DELRAY LAKES, LOT113 G, KILWIN'S QUALITY CONFECTIONS H. LAKESIDE A T DELRA Y I. HOTEL VISTA DEL MAR H.P.B.: 1. CASON COTTAGE 2. TAPAS TO: MAYOR AND CITY COMMISSIONERS FROM: SUBJECT: CITY MANAGER AGENDA ITEM # c.X ~ - REGULAR MEETING OF FEBRUARY 17.2004 AWARD OF BIDS AND CONTRACTS DATE: FEBRUARY 13, 2004 This is before the City Commission to approve the award of the following bids: Purchase award to Duval Ford in the mount of $33,545.00 via the Florida Association of Counties Bid #25 for the purchase of one (1) 2004 Ford F550 Crew Cab and Chassis Community Sexvice Vehicle to provide improved deployment capability for equipment and supplies needed to assist residents following fires and other destructive incidents. Funding is available from 001-2315-526-64.20 (General Fund/Automotive) and 115-0000-248-64.00 (Special Projects Fund/Fire Rescue). Purchase award to Vermeer Southeast Sales & Service, Inc. in the amount of $26,800.00 for the purchase of a TS44A Tree Spade for the Parks and Recreation Department. Funding is available from 119-4144-572-64.90 (Beautification Trust Fund/Machinery/Equipment). Purchase award to Mike Davidaon Ford in the amount of $16,479.00 via the Florida Sheriffs Association Contract, Florida Association of Counties Conuact, and Florida Fire Chiefs Association Contract #03-11-0825, Specification #14 for the purchase of a 2004 Ford E-150 Club Wagon for the Fire Department. Funding is available from 001-2315-526-64.20 (General Fund/Automotive). Purchase award to Hector Turf in the amount of $38,424.97 via the General Service Administration (GSA) Contract #GS-07F-8722D for the purchase of two (2) Toro Greensmaster 3100 Tractor Units for the Municipal Golf Course. Funding is awi!~ble from 446-4761-572-64.90 (Lakeview Golf Course Fund/Other Machinery/Equipment) and 445-4761-572-64.90 (Municipal Golf Course Fund/Other Machinery/Equipment). Contract award to Engineered Environments, Inc. in the amount of $104,704.00 for the Lifeguard Towers Phase II project. Funding is available from 334-6112-519-62.14 (General Construction Fund/Lifeguard Towers) and 115-0000-248-80.00 (Special Projects Fund). Contract award to Randolph and Dewdney Construction, Inc. in the amount of $80,596.45 for construction of a cemetery restroom/storage building at the Municipal Cemetery. Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Me~ra~0Z 17.04 [IT¥ DF DELRR¥ BERrH FIRE-RESCUE DEPARTMENT BERVlNO DELRAY BEACH GULF STREAM HIGHLAND BEACH DELRAY BEACH Ail-America City 1993 To: 2001 From: ORANDUM David T. Harden, City Manager Kerry B. Keen, Fire Chief Date: February 3, 2004 Subject: Community Service Vehicle The Fire-Rescue Department is requesting the pumhase of a Community Service Vehicle to provide improved deployment capability for equipment and supplies needed to assist residents following fires and other destructive incidents. The vehicle will be outfitted with power and manual tools and materials, salvage appliances and protective covers needed to assist with emergency board- ups, water removal, roof covering, etc. This vehicle will serve as a "back-up" Special Operations unit which may also be used to create a second Special Operations response vehicle should call load require it on an interim basis. The selection of this size vehicle is based on the necessary towing capacity and GVW for both the trailer itself and the payload of personnel and their personal equipment and supplies needed for an extended deployment on a state-wide basis. This deployment ability is required as a condition of the Department of Justice grant which provided the trailer, extensive instrumentation, decontamination equipment, etc. Funding will he spli,~t ,b~ween municipal funds ($18,000.00 - Account 001-2315-526-64-20) and public donations ($15v~-I~,~0 - Account 115-0000-248-64-00). The total cost of the vehicle $33,~.. 0 and purchased under Florida Association of Counties Bid #25, from Duval Ford. An Agenda request form is attached. Kerry B. Keen Fire Chief CCi Asst. Chief Stravino Asst. Chief Tomaszewski Lt. Wise Lt. Crelin Ellen P. Wickert, Administrative Officer Bill Darty, Fleet Maintenance Supt. Dennis Kelly, Interim Director Public Works FIRE-RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444-2555 (561) 243-7400' FAX (561) 243-7461 Printed on Recycled Paper Community Service Vehicle Fire-Rescue Department Chassis: Ford, 2004 - F550, Crew Cab and Chassis, 2 wheel drive, with 6.0L V-8 Turbo Diesel Engine Base Price $ 24,588 $ 385 Speed Control, Tilt Wheel $ 325 Electric Break Controller $ 610 Duel Fuel Tanks $ 3,992 Crew Cab $ 95 Back Up Alarm $ 325 Shop Manuals $ 2,825 5/75 Extended Warranty $ 400 19,000 GVWR Sub-Total $ 33,545 Purchase under Florida Association of Counties Bid #25, from Duval Ford Drop Ship to Rayside Track and Trailer, West Palm Beach Funding: $18,000.00 $15,545.00 $ 33,545.00 001-2315-526-64-20 115-0000-248-64-00 Date: 2/2/04 AGENDA ITEM NUMBER: ~L-.'~ Request to be placed on: X Consent Agenda When: 2/17/04 AGENDA REQUEST __ Regular Agenda __ Workshop Agenda Description of agenda item (who, what, where, how much): Purchase of a 2004, Ford 550 Crew Cab and Chassis for the Fire-Services Department from Dural Ford under Florida Association of Counties Bid #25 in the amount of $33,545.00. __ Special Agenda Funding ava/laNe in account number 001 2135-526-64-20 and 115-0000-248-64-00. Depaihiient Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Account Number Yes Initials:/~, 001-2315-526-64-20 $18,000.00 d~d 115-0000-248-64-00 $15,545.00 Description Automotive and Paramedic Donation Account Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ~ / No Initials: Hold Until: Agenda Coordinator Review: Received: aT¥ OF DELRII¥ BEg£H DELRAY BEACH AJI-AmeflcaCity 1993 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243~75~[~:~ TO: THROUGH: DATE: Jackie Rooncy, Purchasing Supervisor T~m S{mmons~,. ~ks Superintendent Joe Weldon,~)irector of Parks and Recreation' Febmmy 9, 2004 SUBJECT: Purchase of Tree Spade Attached please find a copy of a letter from Steve Miller, Vermeer Sales Representative, stating that Vermeer Manufacturing is the sole source provider for the TS44A tree spade. We wish to purchase the tree spade for a total amount of $26,800; this was approved in the 2004 Beautification budget. This should be charged to account #119-4144~$72-64.90. Please place this on the agenda for City Commission for consideration. Thank you. TS/sb Attachments THE EFFORT ALWAYS MATTERS Page 1 of 1 Simmons, Tim From: Rooney, Jackie Sent: Thursday, February 05, 2004 5:00 To: Weldon, Joseph Cc: Simmons, Tim Subject: Tree Spade Tim Simmons is requesting a Trailer Mounted Tree Spade. I went on the intemet and did an inquiry for Tree Spades. Vemeer Tree Spades was second one listed behind Home Depot which does have not a ~ailer mounted' tree spade. The third vendor listed was Dutchman's Tree Spades. I celled Dutchmans Tree Spade at 1-800-293-0070 (they are a division of Dutchmaster Nurseries Limited in Ont. Canada) and inquired if they sold a ~'RAILER mounted tree spade". The response was yes. I told him the City was looking for quotes on a model TS-44A trailer mounted tree spade and we didn't know of any other vendors who sold these besides Vemeer. He stated that they sold this trailer mounted tree spade and in addition it also was offered by Vemeer. He stated 'Dutchman does sell these but we would be a higher priced than Vemeer'. He would not give me a quote on this equipment. He then asked what we were quoted from Vemeer and I told him and his response was ~Your price from Vemeer is a good price. Your best bet for price is Vemeer'. As Vemoer is located in Boynton Beach they would be available for sales and service on this tree spade. As far as I could find out, there is no other vendor in South Florida who sales this Trailer Mounted Tree Spade other than Vemeer. Therefore Vemeer would be considered a 'sole source" for South Florida' area and would be close for the City for service and parts. Jaclde Rooney Purchasing Manager City of Delray Beach 561-243-7163 561-243-7166 (fax) 2/9/2004 Vermeer Southeast Sales & Service, Inc. 1060 West Industrial Avenue · Boynton Beach, FL 33426 Phone: 561/742-7400 · 800/455-3811 Fax: 561/742-7448 Sales Quote City of Delmy Beach 320 S.W. 4th Street Delray Beach, Fl. 33444 Contact: Tim $. Prepared By: Steve Miller Date: 01-09-04 Quote/tO 10904 1- TS44A Tree Spade with a 20hp Kohler Command gas includes telescoping tongue, hydraulic rear spade opening, jack, smd, pin type hitch, stop & turning lights, double safety chains, electric brakes, 12 x 16.5 floatafion fires, with spades. Hydraulic Axlestand, Gravity water system. Sale Price $26,800.00 Steve Miller Marietta, GA McDonough, GA Savannah, GA Clearwater, FL Orlando, FL Ft. Myers, FL Jack.~nville, FL 77019734811 678/8854199 912/238-1~00 727/~a~s/207 ~1~7/(~8-1145 941/337-~00 qo¢/¢fig.~nn Vei:, eer Southeast Sales & Service, Inc. 1060 West Industrial Avenue · Boynton Beach, FL 33426 Phone: 561/742-7400 - 800/455-3811 Fax: 561/742-7448 December 9, 2004 City of Dekay Beach 320 S.W. 4* street Delray Beach, FI. Dear Tim Simmons: This is to advise you that Vermeer Manufacturing is the sole source provider for the TS44A tree spade. To the best of our knowledge this is the only tree spade in this class and size that is trailer able. Vermeer Manufacturing offers a one year limited warranty on this iree spade. As your local Vermeer dealer we can provide all your parts and service needs. We apprecmte your business and look forward to continuing our relationship throughout this next year and for many years to come Thank you Steve Miler Sales Rep Marietta, GA McDonough, GA Savannah, GA Clearwater, FL Orlando, FL Ft. Myers, FL Jacksonville, FL 770/973-8811 678/583-0199 912/238-1300 T'~/299-9267 4/17/f~Jl.1118 o~.'1 I,a-l-/_i:ac~ aha ,,~,~ , .,.~, Date: February 10, 2004 AGENDA ITEM NUMBER:~' ~'- AGENDA REQUEST Request to be placed on: x Consent Agenda Regular Agenda Workshop Agenda Special Agenda YtPllen: February 17, 2004 Description of Agenda Item (who, what, where, how much): Request approval to purchase a tree spade from Vermeer I~ianufactur±ng, a sole source provider, in the amount of $26,800.00. This will be funded out of account #119-4144-572-64..90 and was approved in the 2004 Beaut±fication budget. D.epartment Head \ ~.~ (3(~ , S~gnature: ~ ~ ~ City Attorney Revie~v/Reconunendation (if applicable)' Budget Director Renew (required on all ite~ involving expenditure of funds): Funding Available: ~/No I~ti~s: ~. ~ · Account Number !If- q/ -5 4 ' z (if app~cable) Account Balance: Funding Alternatives: City Manager Review: for Agenda: ~/No Initials: Approved Hold Until: Agenda Coordinator Review: Received: CITY DF I]ELRRY BEACH FIRE-RESCUE DEPARTMENT SERWNG DELR^¥ BE^CH RE I NED FEB § - 200/ CITY MANAGER GULF STREAM HIGHLAND BEACH NI-Amertca City ® To: David T. Harden, City Manager 1993 From: 2001 Date: Kerry B. Koen, Fire Chief February 4, 2004 Subject: Additional Vehicle - Fire Inspector Position Pursuant to your direction I met with Mr. Darty to review the various options involved with an additional vehicle for the new Fire Inspector position. Funding for the personnel expense, as well as the purchase of this vehicle, is to be added to the Departmental budget during the Mid-Year Budget review/adjustment process. Prior to meeting with Mr. Darty I asked Assistant Chief Adams to review his overall Divisional vehicle needs with staff. As a result of that review, it was determined that a mini-van style vehicle would best suit the current and anticipated needs within the entire work unit rather than by using a sedan, which in the past had been the standard type vehicle for this level of work. By providing this vehicle design, our flexibility of use increases dramatically by being able to transport larger, bulky objects used in public education, CPR training classes, etc. Discussions with Mr. Darty indicated that the best mini-van choice would be a Ford E- 150 Club Wagon partly due to the rear wheel drive fea~tj~e&~d increased payload. The cost of this vehicle, with recommended accessories will be $.J,-~¢~.t The purchase price for a sedan (Taurus) on state contract would be $13,745. Our estimate for an additional vehicle in our last budget submittal was $18,000. A detailed description of the recommended vehicle is attached, along with an Agenda Request. It is recommended that this item be placed on the February 17, 2004 Regular City Commission agenda. Ke~B. oen Fire Chief CC: Bill Darty, Fleet Maintenance Supt. Dennis Kelley, Interim Director Public Works Robert Barcinski, Assist. City Manager Joseph Safford, Finance Director Asst. Chief Adams Ellen P. Wickert, Administrative Officer Attachment: 2 FIRE-RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444-2555 (561) 243-7400 · FAX (561) 243 7461 Printed on Recycled Paper Ford E-150 Club Wagon Fire and Life Safety Division Delray Beach Fire-Rescue 2004 Ford- E-150 Club Wagon- Fleet White Specification # 14 Base Price $14,639 Shop Manuals 295 5/75 Extended Warranty 1,545 Total FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION (8 Passenger - RWD) The Ford E-150 Club Wagon (Ell) purchs~ed through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufacturer by specification by zone. ZONE: ~k Western ~ Northern ~ Central BASE PRICE: $14,500.00 $14,550.00 $14,539.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Associa//on have attempted to identify and include these equipment items mest often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our progrmm, we have created specific add/dclete options which allow the purchaser to tailor the vehicle to thcir particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cest of any of the fol/owing equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An ofl~tcial listing of all add/delete options and their prices should be obt2tned from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Specification Low Bid LEGEND FOR D~-~/ADD OPTION~ Every I/ne will requhe a DOLLAR VALUE ~ = ~,~acturcr'sst~mdardequip. I~l. = lndudedwtth base spec~. NC = no add/flonsi charge -- = option not bid b~ vendor Bid Award Announcement (03-11-0825) 439 Date: February 4, 2004 AGENDA ITEM NUMBER: ~' ~-~' ~ Request to be placed on: __ Consent Agenda 'fi, then: February 17, 2004 AGENDA REQUEST X Regular Agenda __.Workshop Agenda Special Agenda Description of agenda item (who, what, where, how much)..' ~ Purchase a Ford E-150 Club Wagon from contract in the amount of ' 00 ~ Signature: ~"-~ ! City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Imtials: Yes Account Number 001-2315-526-64-20 Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved forAgenda: ~/ No Initials: ~ Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: FROM: THROUGH: David Harden, City Manager Jacklyn Rooney, Purchasing Manage~ Joseph Safford, ~ce Director DATE: February 10, 2004 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING FEBRUARY 17 - PURCHASE AWARD PURCHASE OF TWO (2) GREENSMASTER MOWERS FROM HECTOR TURF VIA GSA CONTRACT Item Before Commission: City Commission is requested to approve award to Hector Turf for the purchase of two (2) Toro Greensmaster 3100 (18HP) Tractor Units via the GSA (General Services Administration) Contract #GS-07F-8722D for the total amount of $38,424.97. Background: The Delray Beach Municipal Golf Course is in need of two (2) greensmowers for the Delray Beach Municipal Golf Course. The two mowers being replaced have 3,600 to 4,000 hours of use and will be moved to cutting tees at Delray Municipal and Lakeview and the existing mowers currently used for cutting tees will be used for spares and parts. One of the two new mowers will be fitted with additional grooming reels which is a necessity for maintaining the new greens at Delray Municipal Golf Course. See attached memo dated January 29, 2004 from the Golf Course. These greensmowers are available from Hector Turf via the GSA (General Service Administration) Contract #GS-07F-8722D at $13,625.74 (plus accessories) which was awarded to Century Equipment Inc. - Toro. Hector Turf is the local dealer for the Toro products in South Florida Area and the vendor (Hector Turf) has agreed to extend the GSA Contract to the City of Delray Beach per attached memo dated February 09, 2004. See attached pricing schedule fi.om the GSA Contract and the documentation from GSA Federal Supply Service showing the award to Century Equipment Inc. - Toro (The GSA contract has been extended to February 28, 2006). Recommendation: Purchasing staff recommends award to Hector Turf for the purchase of two (2) Toro Greensmaster 3100 (18HP) Tractor Units plus accesssories at a total amount of $38,424.97. Funding from account code 446-4761-572-64.90 for $5,000 and 445-4761-572-64.90 for $33,424.97. Attachments o o ~ ~o~o~o H H 0 H H Memo CC: SharOn Painter We need to purchase two greens mowers These machines will be put into service at the Delray course. The existing machines ~1~ be moved to cutting tees at Delray and Lakeview The existing tee mowers wilt be. moved to back-up and parts. The two machines we. are roplacing have 3,600 and 4000 hours of use. We will use these units for spares and parts. Our present parts units will be dL%oosed of as scrap. We recommend purchasing two Toro 3100 greens mowers. One of these machines will be f'~ted with grooming reels (a necessity for mainb3ining the new greens). We have used this model (Toro 3100) for years and are veo, pleased with the performance of the machine. We have many valuable spare parts for this model. Also, we have very expensive attachments that used for special maintenance work. We have spare sets of cutting reels These sets are worth thousands and would have to be purchased extra with any oilier model grcc,qs mower. The quality of cut these machines provide is excellent and up to the high standard we are maintaining on our new greens. The machines can be purchased under GSA contract #GS.O7F-8722D. The following is a list of items which must be purchased to complete the machines configum'~d to the set-up we need. · Page I GREENS MOWER 1 TRACTION UNrT 04356 GREENSMASTER 3100 (18 HORSEPOWER) CUTTING UNITS THREE UNITS-04450 11 BLADE CUTTING UNIT, SINGLE POINT ADJUSTMENT - COST EACH ~ >$1,139.82 ROLLERS 04426 ALUMINUM WlEHLE ROLLER KIT (SET OF THREE) ACCESSORIES 04455 GROOMING REEL (SET OF THREE) 92-4953 GROOMING PULL ARMS (COMPLETES ONE MACHINE) TOTAl COS~ MACHINE ONE GREENS MOWER 2 TRACTION UNIT 04356 GREENSMASTER 3100 (18 bp) CU-I-I-ING UNITS THREE UNITS-04450 11 BLADE CUTTING UNIT, SINGLE POINT ADJUSTMENT COST EACH - $1,139.82 GSA PRICE $13.625.74 TOTAL $ 3419,42 $ 487.37 $ 3175.18 $ 184.69 $20,892,40 $13,625.74 TOTAL- $ 3.419.46 ROLLERS CAS r IRON WlEHLE ROLLER KIT (SET OF THREE) $ 487.37 TOTAL COST MACHINE TWO $17,532757 'fOTAL PURCHASE PRICE- BOTH MACHINES -- $38,424.97 · Page Feb 10 04 09:23a Sales 9547258701 P- ! February 9, 2004 Mr. Jackie Rooney City of Delray Beach Purchasing Department 434 South Swinton Avenue Delray Beach, FL 33444 Fax # 561-243-7166 Dear Mr. Rooney: We are pleased to inl~>m~ that we will honor thc GSA Contract prices for $38,424.97 for the 2 Greensmasler 3100 If you have any qucslions or require additional information, please contact me at (954) 429 320(/, 12xlcnsion 305. Wc appreciate your interest and look fmwxard to doing business with you. Sincerely t t ECTOR TURF Michael J. Leising Senior Account Representative Commercial and Irrigation Products M.IL:ja GENERAL SERVICES ADMINISTRATION FEDE1LAI, SUPPLY CONTRACT GS-07F-8722D GSA PRODUCT PRICE BOOK Modification# AS21 CONTRACT EFFECTIVE DATE MARCH 01, 1996 THRU FEBRUARY 28, 2006 On-Line access to contract ordering information, terms and conditions, up-to-date pncmg, and the option to create an electronic delivery order is available through GSA Advantage!, a menu-driven database system. The INTERNET address for GSA Advantage! is; http://www, gsa.gov Mo~el NumbC~ Descr~p6on Price List: Golf & Grounds Golf Course Mgmt ! Grounds & Spo~s Tud ' effective.__~9/lr2002 ~ Greensmaster® 3050 / 3100 Main Components - Must choO~ one or more from each Traction Unit 04351 Greensmaste~3050 (16ttP) 04356 Greensmaste¢~3100 (18 Cutting Units 04404 8 Blade Heavy Duty Cutting Unit, 4 Bolt,Adj. 14O659 04406 04408 04450 O4468 5 Blade Heavy Duty, Reel Assembly 11 Blade Cutting Unit 4 Bo~t Adjustment 8 Blade Cutting Unit, 4 Bolt Adjustment 11 Blade Cutting Unit, SPA 8 Blade Culling Unit, SPA Rolle~s 04412 04414 04424 04426 21 ~6540 Full Roller (Set of 3) Swaged Relief Kit (Set of 3) Cast Iron V~ehle Roller K~t (Set of 3) ~' Aluminum Wlehle Roller KJt (Set of 3) (Recommended with Groomers) VViehlo Roller (economy - one) Ot~er Optional Accessories/C°mp°nents ACCeSsorieS 04493 Thatching Reel Kit (Set of 3) 04494 Greens Spiker K~ (Set of 3) 00~5_SS___C~ens Tfi Roller Kit (Set o~f 3). (92-4~3 Groomer Puli Arrn5 Recommendc:~l Wlm ~,oomerj 04422 Variable TraclJon Speed 105-3848 Light Kit 100-6441 3VVD Kit (OR3100 - 04356) 11~)070 Scraper Comb AsSembly (1) (Als all cutting units except w/Groomer) 231-124 TradOon T~re (2 ply) 26-0900 Basket Reinforcement Kit 28-2150 Individual Reel Shut-Off (fo~ front 2 reels) 33 1000 Scraper f3rush (1) (~t5 all cutting units except w/Groomer~ 65~330 Groorner Rotabng Brush (1) 886870 Groomer Pull Arm Extension (1), C/U interc.hange 92.4953 Groor~ng PullArms (Completes One Machine) 92 9656 Backlapping Kit (Set of 3; hose quick connect) 93--9932 Trad~on Return Kit (GR 300. 3000, 3100) 94-1870 BacklaPl~ng Kit (Set of 3, two.speed motorS) $11.5o0.o3 / $13,625 74 $1,103.49 $194.23 $1,094.80 $981.~ $1,139.82 $1,110.60 $293.05 $3~ ,51 ~87 ~87.37 $104,65 $Z,655.62 $2,772.86 $2,458.07 ,,~~" $355.74 $147.78 $1.783~50 $30.75 $8o,29 $77.07 $270&0 $27.70 $160.59 $721 $751.03 $44.15 $1~04.53 31 AGENDAITEM NUMBER: AGENDA REQUEST Request to be placed on: February '17, 2004 Date: February 10, 2004 XX Consent Agenda __ Special Agenda __ Workshop Agenda Description of agenda item: Approval for award to Hector Turf for the purchase of two (2) Toro Greensmaster 3100 (18HP) Tractor Units for the Delray Beach Municipal Golf Course via the GSA (General Service Administration) Contract #GS-07F-8722D for a total of $$38,424.97. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve award to Hector Turf for the purchase of two (2) Toro Greensmaster 3100 (18HP) tractor units for a total amount of $38,424.97 via the GSA (General Service Administration) Contract #GS-07F-8722D. Funding from account code 44~-'4761-572-64.90 for $5,000 and 445-4761-572-64.90 for $33,424.97. 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 Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~) Hold Until: No Agenda Coordinator Review: Received: City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www. mydelraybeach.com David Harden, ~r Victor Majteny[, Construction Manager BEACIt LIFEGUARD TOWERS, PHASE II (P/N 2003-045) Commission Agenda Item, Contract Award FEBRUARY 13, 2004 Attached is an Agenda Request for City Commission to approve award of contract to Engineered Environments, Inc. for the construction of the next two lifeguard towers at the municipal beach. The towers are N-1 and S-1, and will mirror the first two in appearance. On Wednesday, February 4, 2004, the City opened bids for this project. There were only two bids received; the lowest at $104,704.00 from Engineered Environments, Inc., the next at $143,409.00 from GTE Builders. A copy of the bid tabulation is attached for your review. In August 2002, we received three bids for the previous two towers, the lowest from Engineered Environments Inc. at $96,882 and the highest from Republic Construction at $99,300. After value engineering, we were able to omit items to reduce the project scope and negotiate costs reductions on these items. Republic Construction offered the most cost savings, $18,506.00, for a total award of $80,794.00. These revisions have been incorporated in the current towers. The surfboard storage under each tower and the plastic decking previously omitted is now included in these next two. Another consideration for the increase in cost, the distance from the beach access point at Casuarina Road to the project locations is greater, adding to project logistics/mobilization. Staff recommends award of contract to Engineered Environments, Inc. in the amount of $104,704.00, for the construction of the Beach Lifeguard Towers, N-I and S-1 project, PIN 2003-045. Funding is available from 334-6112-519-62.14, General Construction Fund/Lifeguard Towers ($53,500.00), and 115-0000-248-80.00, Special Projects Funds ($51,200.00). CC: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Dir. of Construction Joe Weldon; Director of Parks & Recreation Agenda File; 02/17/04 File 2003-045(A) S:~EngAdmin~Projects~2003~2003 -045\CONSTP, CT~agda memo Eng Env 02.17.04.doc Beach Lifeguard Towers, N-1 and S-1 P/N 2003-045 Bid Tab ITEM EST. DESCRIPTION UNIT NO. QTY. 1 Construct Beach Lifeguard Tower, EA 2 complete per plans and specifications. 2 Demolition and disposal of existing toy EA 2 3 Contingency Allowance L.S. 1 4 Grading and Landscape Restoration L.S. 1 Allowance 5 Indemnification L.S. 1 TOTAL BASE BID Engineered Environments, Inc. EXTENDED UNIT PRICE TOTAL PRICE $44,270.00 $88,540.00 $3,077.00 $6,154.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $10.00 $10.00 $104,704.00 GTE Builders EXTENDED UNIT PRICE TOTAL PRICE $62,999.50 $125,999.00 $3,700.00 $7,400.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $10.00 $10.00 $143,409.00 AGENDA REQUEST Agenda Item No.: ~'],-'~'~ Request to be placed on: DATE: February 13, 2004 X __ Regular Agenda Special Agenda __ Workshop Agenda When: February 17, 2004 Description of item (who, what, where, how much): Award of contract to the lowest responsive bidder, Engineered Environments, Inc., in the amount of $104,704.00 for the construction of two Lifeguard Towers, N-1 and S-1, at the municipal beach, P/N 2003-045. The funding for this project will be provided from the following account: Funding Source General Construction Lifeguard Towers. Account Number Special Projects Fund Amount Fund/ 334-6112-519-62.14 $53,500.00 115-0000-248-80.00 $51,200,00 Total $104,700.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: construction of two Beth Lifeguar~L.Tower (N:I and S-1), PIN 2003-045. /.,/"7 Department Head / Signature: \~.,,.,~,, Determination of Consistency with Comprehensive Plan: Staff recommends award of contract to Engineered Environments, Inc. for the City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items ~nv.olying expenditure of funds): Funding ava ila bl~[.~Y E..~.~N O Funding alternative'g-"- (if applicable) Account No. & Description See above Account Balance See above City Manager Review: ~ Approved for agenda:/YE~NO /~ Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2003-045(A) S:~EngAdmin~ProjectsX2003~003-045\CONSTRCTXagnd rcq Eng Env 02.17,04.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D TO: FROM: SUBJECT: DATE: David Harden, City Manager Victor Majten~truction Manager CEMETERY RESTROOM FACILITY (P/N 2003-042) Commission Agenda Item, Contract Award FEBRUARY 10, 2004 U M www. mydelraybeach, com Attached is an Agenda Request for City Commission to approve award of contract to Randolph & Dewdney Construction Inc. for the construction of a new restroom/storage building at the Municipal Cemetery. The project includes construction of the new 500s.f. CBS structure with standing seam metal roof. On Wednesday, February 4, 2004, the City opened bids for this project with the lowest bid at $80,596.45 from Randolph & Dewdney Construction Inc. In addition to the building structure, the project includes installation of a septic tank and drain-field, as on-site utilities are not available, and the construction of a 20' concrete driveway. The Merritt Park Restroom building, similar in appearance and size, was awarded in August 2001 for $76,997. A copy of the bid tabulation is attached for your review. Staff recommends award of contract to Randolph & Dewdney Construction Inc. in the amount of $80,596.45, for the construction of the Cemetery Restroom Facility project, P/N 2003-042. Funding is available from 334-6111-519-62.10, General Construction Fund/Buildings. CC: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Dir. of Construction Joe Weldon; Director of Parks & Recreation Agenda File; 02/17/04 File 2003-042(A) S:~EngAdmin~Project S~2003~2003-042\CONSTRCT~agda memo Randolph 02.17.04.doc O~ AGENDA REQUEST Agenda Item No.~::~]-'~ Request to be placed on: DATE: February 10, 2004 X Regular Agenda __ Special Agenda __ Workshop Agenda When: February 17, 2004 Description of item (who, what, where, how much): Award of contract to the lowest responsive bidder, Randolph and Dewdney Construction Inc., in the amount of $80,595.45 for the construction of the Cemetery Restroom building, P/N 2003-042. The funding for this project will be provided from the following account: Funding Source General Construction Fund/Capital Outlay, Buildings. Account Number 334-6111-519-62.10 Amount $80,596.45 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to Randolph and Dewdney Construction Inc. for the construction of the_Cemetery Restroom Facility project, PIN 2003-042. Department Head /2 ~-~ Signature: ~.~ t.__~ '~ ~ Z-io- O~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding availabl~qO'''~-~ Funding alternatives (if applicable) Account No. & Description See above Account Balance See above City Manager Review: ApprovedHold Until:f°r agenda: i~/NO ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2003-042(A) S:~EngAdmin~Projects~2003~2003-042\CONSTRCTxagnd rcq Randolph 02.17.04.doc RESOLUTION NO. 14-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE PROPOSED AMENDMENT TO FLORIDA'S CONSITUTUION KNOWN AS THE FLORIDA HOMETOWN DEMOCRACY CONSITUTIONAL AMENDMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, there is an effort to thwart representative democracy by adopting an amendment to the Constitution that would require referenda to adopt or amend local government comprehensive plans; and, WHEREAS, the potential ramifications of the proposed amendment will increase the costs to local governments and taxpayers, thwart private property rights, disturb a uniform process and laws governing land use that is well established, but most importantly, the proposed amendment thwarts representative democracy. WHEREAS, the proposed amendment will encourage land use by plebiscite rather than encourage a careful analysis of environmental impacts, stormwater and solid waste issues and a myriad of issues that should be and are currently considered; and, WHEREAS, the proposed amendment will only make the land use process more prolonged, unpredictable and expensive; and, WHEREAS, only those citizens voting will make the decisions, not the elected officials chosen to represent all citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The recitals are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach opposes the proposed constitutional amendment that requires referenda on the adoption or amendment of local government comprehensive plans. Section 3. That the City Manager and the City Clerk are directed to file this resolution with appropriate governmental and other authorities and entities in order to make public the City Commission's declaration in opposition to the proposed amendment as set forth herein above. Section 4. This resolution shall be effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the __ day of Februa~, 2004. ATTEST: MAYOR City Clerk Menlo Tm David Harden, City Manager . i.~_ Frm~: Lula Butler, Director, Community Improvement Dat~ Februa~ 13, 2004 Re: MacArthur Foundation GrantJRevised Budget ITEM BEFORE THE COMMISSION: Approval of the proposed revised Consultant Contract, budget line items and project tasks associated with the implementation of activities under the MacArthur Foundation Grant awarded in the amount of $150,000 payable over a two-year period. BACKGROUND: City Commission approved the execution of the Grant Agreement between the City and the MacArthur Foundation on December 2, 2003. The attached revised budget, activities and implementation strategy is now submitted for consideration and approval. Once approved by the Commission, a revised grant will be forwarded to the MacArthur Foundation as a formal amendment to the scope of the work to be performed. Staff is also recommending the approval of the contract between the City and JEG & Associates, Inc. as the consultant responsible for the overall coordination of actions items identified under the grant, which includes working with the expanded groups of residents and other stakeholders for continuous engagement in the implementation phase of the SW Neighborhood Plan. We have attached, for your reference, the revised grant proposal, which includes revisions to cedain tasks and budget as follows: Incorporates expanding the community participants from the established management team to include representation from organized homeowners associations, residents and other stakeholders. Deletes budget allocation and requirement for training retreat incorporating a series of workshops throughout the year with community participants focusing on leadership development skills. · Eliminates the actions and budget items for Foundation Committee Session and Keynote speakers for Village Academy. Incorporates City Commission direction related to changes to budget focusing on creating incentives for pdvate investments, expanding community outreach and participation, and incorporating the use of a contracted consultant for coordination of the implementation process. RECOMMENDATION: Staff is recommending approval of the consulting contract between the City and JEG & Associates, revised budget, tasks and implementation strategy as outlined in the attached document and authorize the submission of the same to the MacArthur Foundation. LB:DQ CONSULTING AGREEMENT THIS AGREEMENT made this day of , 2004 by and between the CITY OF DELRAY BEACH (hereinafter called City) a Florida Municipal corporation and JEG Associates Inc. (hereinafter called Consultant). WITNESSETH: WHEREAS, the parties desire to enter into an agreement to provide particular labor and employment services to the City; and, WHEREAS, the Consultant is experienced in providing the services required by this agreement; and, WHEREAS, the parties understand that the Consultant, as an independent contractor, will control the hours of work necessary to perform the services set forth herein; and, WHEREAS, the City will provide an office for the use of the Consultant only while the Consultant is performing services on-site; and, WHEREAS, the Consultant will provide all supplies necessary to provide the services contained herein without reimbursement; and, WHEREAS, the Consultant is engaged to perform the specific tasks contained herein. NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: Recitals. That recitals set forth above are hereby incorporated, as if fully set forth herein. 2. Performance. The Consultant shall perform all services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner. 3. Duties. Consultant's duties are as follows: a.) Consultant shall provide the following services to the City: i) coordination of action items and continuity of involvement of residents and stakeholders as they relate to the implementation of the Southwest Neighborhood Plan, including, but not limited to the coordination of workshop meetings with residents and other stakeholders ii) developing and disseminating communication pieces directed at keeping implementation process; a newsletter and other residents engaged in the iii) coordinate with the City's Planning and Zoning Director to develop required amendments to the Land Development Regulations that would allow certain components of the Southwest Neighborhood Plan to move forward. The Consultant also agrees to perform and accomplish the required tasks within the timeframes outlined in Attachment "A" to this Agreement. b.) Additional services may be agreed upon, in writing, from time to time. 4. Term. This agreement shall commence on March 1, 2004 and shall expire one year from the date of execution of the agreement. This agreement may be terminated by either party by giving thirty (30) days written notice to the other. 5. Compensation. During the term of this agreement, the Consultant shall be paid a total amount of $66,500.00 in 12 equal monthly payments during the effective date of this agreement, payable upon Consultant's submission of an invoice to the City. If the agreement is terminated, the City shall only be responsible to compensate Consultant for fees billed up to the date of termination. The parties may extend this agreement beyond the one year term, however, in no event shall this agreement extend beyond December 31, 2005. If the City wishes to extend the agreement beyond the one year period it shall notify Consultant of its intent to extend the Agreement at least 30 days prior to the expiration of the initial one year period. The Consultant shall be responsible for continuing to perform all of the tasks as outlined in this agreement. The cost and expenses paid to Consultant for this time period shall be in the amount of $48,500.00 paid in equal installments over a 10 month period. 6. Relationship of the Parties. The parties intend that the Consultant, in performing services specified in this agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City of Delray Beach for any purpose. Consultant shall have sole control of the work and the manner which it is performed. Consultant shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. Consultant is not entitled to participate in any pension plans or other benefits provided by the City. 7. Compliance with Law. Consultant shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable. 8. Taxes. Consultant shall be responsible for all federal, state or local taxes of any kind which Consultant now or hereafter shall be liable for or required to pay either on its own behalf on behalf of his employees or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 9. Assignment. This agreement is a personal service contract. An assignment of the duties to be provided under this agreement shall require the prior written consent of the City. 10. Indemnification. Consultant shall indemnify, defend and save the City, its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this agreement by Consultant or his officers, agents or employees, and Consultant shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney's fees at the trial or appellate levels. 11. Insurance. Consultant shall at his own expense, provide forms of insurance and amounts of insurance as may be required by the Risk Manager for the City. 12. Notices. All notices shall be effective when mailed at the following addresses: ,lEG Associates, Inc. City of Delray Beach David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 13. Governing Law~ Venue. This agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 14. Non-Discrimination. Consultant shall not discriminate on the basis of age, religion, race, sex, marital status, or handicap in the performance of this Agreement. 15. Non-Exclusive. The provision of the services provided for herein is non- exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 16. Entire Agreement~ Modifications. This agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings between the parties. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding, unless in writing and duly executed by the parties. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (Type or Print Name) (Type or Print Name) CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor JEG ASSOCIATES, INC. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of ., 200~, by ., as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped Title or Rank Serial Number, if any A'I'I'ACHMENT "A" SCOPE OF SERVICES JEG & Associates shall provide consulting services which shall include, but not be limited to, the following tasks and which shall be completed within the specified timeframes: Tasks Outcome Timeframe Resident/Staff Training Working knowledge of Plan, build 3 months Multiple Sessions consensus, define roles Coordination of workshop Enhance working knowledge of planning Annual sessions over 2- meeting with residents and process and develop implementationyear grant other stakeholders (quarterly) strategies Provide outreach marketing Creation of quarterly newsletter, 2 months (on-going strategies to include thecommunity outreach strategies, meeting, activity) development and etc. dissemination of a quarterly newsletter directed at keeping residents engaged in the implementation process Community Land Trust Explore program, develop final decision 4 months and recommendation *Resident/StakeholdersProject Define priorities, create incentives to On-going Implementation encourage private investments Annual Report Document success and processes used On-going * Anticipates these initiatives to be conducted annually over the two year grant period. Southwest Neighborhood Development Plan Management Team Grant Introduction This grant application is being submitted to obtain funding to maintain and enhance the involvement of residents and other stakeholders in the implementation phase of the Southwest Area Neighborhood Redevelopment Plan. A primary goal is to provide specialized technical assistance and training to the collaborative group organized as the Southwest/Northwest Resident & Stakeholders Teams, responsible for the overall governance, public involvement and information dissemination in support of the comprehensive Southwest Area Neighborhood Redevelopment Plan. The Plan adopted by the City Commission of the City of Delray Beach in July, 2003 reflects the community stakeholders, long-range vision for the area. The study area is the home of eighty percent of the City's African American residents; it is within the defined boundaries of the Community Development Block Grant (CDBG) Program and Pocket of Poverty, indicating that a majority of these residents are within the Iow to moderate- income category. The study area houses the highest concentration of African American, Haitian, Bahamian and Jamaican minority groups. Prior to the development of the Downtown Delray Beach Master Plan, the southwest area residents and other key community stakeholders formed a collaborative alliance to ensure that they played a major role in the planning and implementation of any redevelopment projects in southwest Delray Beach. The SW/NW Management Team was organized under the direction of the Village Foundation, originally founded as MAD DADS in 1992, to serve as a vehicle for the active engagement of community stakeholders for the Southwest Area Neighborhood Redevelopment Plan. The thirty-one (31) member SW/NW Management Team is a collaborative structure comprised of residents, representatives from the area's sixteen (16) neighborhood associations, local faith based leaders, City and Community Redevelopment Agency (CRA) officials, public housing officials, the business community, local CDC's (Community Development Corporation), service providers and other community organizations. The team is structured to ensure that local residents have an opportunity to "drive" the planning and decision-making process regarding any major redevelopment activity in and around core West Delray Beach neighborhoods. The Management Team initiated and drove the planning process, coordinating outreach efforts, community meetings and workshops, worked closely with the consultant team to craft and edit the plan document and provided valuable insight and clarity regarding community issues and priorities. The principles and conceptual design schemes and strategic recommendations adopted in the Southwest Area Neighborhood Redevelopment Plan were based on the collective input of the members of the Management Team and input received from community stakeholders that attended community meetings and workshops. Southwest Neighborhood Redevelopment Team Grant Page 2 Project History In April 2000, a grant application was formally submitted to the John D. and Catherine T. MacArthur Foundation to support the development of the Downtown Master Plan. In July of 2000, the Foundation awarded a grant of $150,000 to the project partners, which included $30,000 towards the completion of various elements of the Southwest Area Neighborhood Redevelopment Plan. Other participants in the project included the University Of Florida College Of Law, the FAU/FIU Joint Center for Environmental and Urban Problems and the Treasure Coast Regional Planning Council. The Downtown Delray Beach Master Plan was formally recommended for adoption by the Steering Committee on February 4, 2002 and adopted by City Commission in March of 2002. With the completion of the Downtown Plan the focus shifted to completion of the Southwest Neighborhood Plan. A consultant was selected to develop the Southwest Neighborhood Plan in February 2002. Since that time, the consultant has worked with the Management Team and residents to glean their vision for the redevelopment of the neighborhood. This vision was gathered through many outreach activities including a half day Neighborhood Livability Workshop, multiple planning and design workshops and other small group meetings and has resulted in the Southwest Neighborhood Redevelopment Plan which was formally adopted by the City Commission on June 3, 2003. The Plan identifies core strengths and assets that will move the Southwest neighborhoods towards stability and stimulate private sector investment in the area. Implementation of the Plan is expected to have profound short-term and long-term impacts on the community, which could potentially determine the quality, quantity, and costs of housing and types of businesses and services located in the area in the future. Automobile and pedestrian circulation patterns could be altered based upon recommendations included in this plan. The Plan also includes detailed strategies to improve landscaping, parks and other public spaces. The Plan primarily focuses on physical improvements, but also addresses other elements of community livability, such as public safety, economic development and service delivery strategies. The Management Team has experienced both the benefits and challenges of being engaged in the development of a comprehensive neighborhood plan. The organization's structure that promotes and has demonstrated that local residents and stakeholders can "drive" the planning and design process now has the opportunity to govern through the implementation of all phases of the approved plan. They experienced many challenges along the way, such as how to keep residents engaged in a process that took almost a year and a half to develop, being able to address conflicts and respect differences of opinions and learning the multiple elements of the planning process. They learned to effectively address difficult issues, such as identifying specific actions that would be necessary to enhance and protect neighborhoods, and discussed 2 Southwest Neighborhood Redevelopment Team Grant Page 3 and supported ways to minimize displacement of current residents and the destruction of the community's culture while promoting reinvestment in the neighborhood. The next phase of the Plan is to have implementation. As the Management Team is largely made up of volunteer residents and local stakeholders, training is imperative if they are to succeed in governing and/or being able to continue to prioritize and "drive" the implementation of the Plan. There is a need to expand the number and diversity of residents participating in the planning process. Description of Project Area The project study area for the Southwest Area Neighborhood Redevelopment Plan is bounded by SW 1st Street at the north, which generally follows the defined edge of the existing commercial overlay district identified in the adopted West Atlantic Avenue Redevelopment Plan that spans between SW 1st Street and NWIst Street along Atlantic Avenue. The study area's western limit is Interstate 95 and the eastern limit is Swinton Avenue. The southern limit begins at the intersection of 1-95 and SW 10th Street, turns south at SW 8th Avenue, turns east at the southern boundary of Ridgewood Heights subdivision to SW 4th Avenue, then continues east along Southridge Road to its intersection with Swinton Avenue. The formal boundaries of the study area do not include the Atlantic Avenue commercial district, but the impact that neighborhood serving businesses have on overall livability conditions have prompted the inclusion of those areas in the proposed neighborhood improvement strategies. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. These sub- areas include: 1. Northwest Quadrant This sub-area encompasses the northwestern section of the study area, extending from 1-95 to SW 8th Avenue, and from Atlantic Avenue to SW 3rd Street. 2. Frog Alley This sub-area includes a large portion of the historic Bahamian settlement dating back to the 1800's that got its name as a result of marshy conditions and the resultant large frog population. The planning boundaries extend from SW 4th Avenue to SW 6th Avenue and from Atlantic Avenue to SW 4th Street. 3. Village Center This sub-area links the public service and education facilities within a service corridor that extends from SW 3rd Street to S.W. 10th Street. Agencies currently 3 Southwest Neighborhood Redevelopment Team Grant Page 4 based within the corridor include Village Foundation (formerly MAD DADS), the Full Service Center, Village Academy, the Boys and Girls Club, Head Start, the Delray Beach Housing Authority, and other service providers that have satellite operations in the area. 4. Industrial Corridor This sub-area is zoned for industrial uses and extends from 1-95 to SW 13th Avenue and from SW 7th Street to SW 10th Street. 5. Infill Area This sub-area includes all of the land area not included in the above sub-area. This sub-area represents the majority of the study area's land mass. No major redevelopment projects are proposed in this sub-area. Inflll development, housing rehabilitation, and code enforcement are the recommended tools to enhance and protect the stability of the neighborhoods in this area. Current Needs As outlined below, many of the recommendations put forth in the plan embrace the Management Team as the vehicle for ongoing stakeholder engagement. While technical assistance will be provided from the associated government agencies such as the City and the CRA, the Management Team will need to have a good working knowledge of what the recommendations mean in order to be able to assist with their implementation. In addition, some of the strategies include very complicated issues such as land banking and urban design concepts that the general layperson (stakeholders) would not understand without extensive training. Below is a list of the recommendations that the Management Team will be engaged to implement: · Continue to develop and nurture collaborative relationships among community stakeholders through vehicles such as the Community Management Team, Neighborhood Associations, and WARC (West Atlantic Avenue Redevelopment Coalition). · Continue to cultivate the Community Management Team as a vehicle for ongoing stakeholder engagement in the planning and implementation of community redevelopment projects and initiatives. · Develop mechanisms to keep the community informed about implementation progress, changes, or setbacks. · Develop partnerships between the City, the County, the CRA, the Delray Beach Housing Authority, and other appropriate community stakeholders to provide for maximum leveraging of public resources. · Cultivate and coordinate resources for property acquisition and land banking to accommodate the infill development and redevelopment strategies outlined in the plan. 4 Southwest Neighborhood Redevelopment Team Grant Page 5 · Develop an aggressive infill development program that gives priority to residents in areas slated for redevelopment when selecting potential tenants and/or home owners for infill units. · Work with residents, homeowners associations and stakeholders to create and enforce design standards for new development and infill/rehabilitation projects, consistent with the conceptual schemes included in this document. · Develop and promote an incentive-based fa(;ade improvement program for existing commercial and residential structures. · Develop a structured, collaborative process and proactive outreach, education, and case management strategies to address displacement, relocation, and individual capacity development issues. · Continue to work with non-profit developers (CDCs) to maintain the affordability of infill housing units. · Include clear language about urban design parameters and affordable unit set- asides in all Requests for proposals and contracts. · Focus on the development of neighborhood-serving commercial enterprises and neighborhood compatible office and public use facilities. · Develop fa(;ade improvement programs to encourage existing businesses to improve the appearance of commercial buildings to be consistent with the proposed new development. · Set strict design standards (possibly utilizing overlay districts) to ensure that any new development in the targeted areas is consistent with plan design schemes. · Phase the implementation of proposed redevelopment projects to provide for the gradual relocation of current residents and to minimize displacement. · Redevelop the Northwest quadrant of the study area (I-95 to SW 8th Avenue, Atlantic Avenue to SVV 3rd Street) with a neighborhood serving commercial activity center along Atlantic Avenue, and a mixture multi-family housing (apartments/town homes), single family homes, and amenities green spaces. · Redevelop the Frog Alley corridor (SVV 4th Avenue to SW 6th Avenue / Atlantic Avenue to SW 4th Street) as a mixed use and residential area, consistent with the historic Bahamian architectural and urban design themes. · Continue to develop the Village Center service corridor (SW 3rd Street to SW 10th Street) to create a seamless service network linking education, social, and recreation services and facilities to meet the needs of Southwest area neighborhoods. · Incorporate the proposed parks and green spaces, and other infrastructure improvements into current and long-range City department plans and budgets. · Develop a detailed financing plan and implementation schedule to follow up on the funding strategies included in the Plan. 5 Southwest Neighborhood Redevelopment Team Grant Page 6 The Management Team is already up and running. As there is an overlap between the Southwest Neighborhood Redevelopment Plan and the Downtown Master Plan, members from the Team have been selected to participate on the Downtown Master Plan Steering committee so efforts are not duplicated. The existing Management Team consists of various community residents, business leaders, agency representatives, and board members, most of whom reside, work, own a business or own property in the Plan area. Together these stakeholders will help guide the implementation of the Plan. The Management Team and Steering Committees will help encourage public participation and communication throughout the process. The following are the Project Management Team Leaders, City & CRA assigned staff: JEG & Associates, Inc. Consultant 141 SW 12th Avenue Delray Beach, FL 33444 (561) 276-6755 Joseph Gray City of Delray Beach Community Improvement 100 NW 1 st Avenue Delray Beach, FL 33444 561-243-7203 Lula Butler Delray Beach CRA Atlantic Avenue Delray Beach, Florida 33444 (561) 276-6755 Diane Colonna Objectives & Desired Outcomes The key component of the Southwest Neighborhood Plan is building a cadre of leaders trained to provide the oversight and governance for the implementation of the Plan. To fulfill this role the team members need to understand the principals of the Plan and will need to master the key skills essential for group facilitation and community action as identified in the Implementation Strategies subsection listed above. In addition, they will need a general understanding of planning processes, fiscal management, urban design concepts, how to sustain collaborative partnerships and community engagement. Strong leadership development training is an essential first step for effective implementation of the Plan. Some of the key components of the training should include: Provide residents, representatives of organized homeowners associations and other stakeholders with a guided review of the Redevelopment Plan itself to make sure there is consensus, desired working knowledge and familiarity with the Plan and to explore the concepts and discuss the strategies to help facilitate the approach to implementation. 6 Southwest Neighborhood Redevelopment Team Grant Page 7 Give participants opportunities to practice some of the skills critical to carrying out the project's work, including community relationship building, group facilitation, and community assessment and planning. · Enhance the group's knowledge of the planning processes, fiscal management, urban design concepts, land banking, and the land trust process. · Provide sufficient consultant and technical assistance to resident associations to build capacity and effectiveness. Create a structure that will allow the community participants to continue to sit at the table and be engaged in the process for the long term, capable of considering and recommending any necessary changes that will help facilitate implementation of the Plan. Demonstration and documentation of a process by which divided segments of a community have come together to make important decisions about the future of their surroundings and by which residents can take control of their communities, working in partnership with government, private business and other organizations. Specifically, participants will learn to analyze how their relationships with one another impede or support the overall goals and activities of the group. This skill is critical to helping community action groups to weather the inevitable conflicts and transitions that occur in the life of a functioning group. The end result of this training process will be the knowledge needed to move the Plan into the implementation stage. The strength of neighborhood associations will determine the success of the plan. In addition, several of the outcomes of from the Plan will have an impact on Public Policy. One example is that the infill housing recommendations will most likely be implemented in other parts of the community including infill housing size, architectural design and neighborhood compatibility. These are major issues that generally impact most of the older areas. Secondly, the global issue of the CRA taking the leadership role as the financial vehicle for revitalization within residential neighborhoods will certainly change and impact future policy for this agency. Some of the specific work products and outcomes will include: 7 Southwest Neighborhood Redevelopment Team Grant Page 8 Task Outcome Timeframe Responsibility Resident/Staff Working knowledge of 3 months Contracted Consultant Training* Plan, build consensus, Multiple sessions define roles Resident/stakeholder Enhance working Annual Contracted Consultant and HOA workshops knowledge of planning sessions City & CRA (quarterly) process and develop over2-year implementation grant strategies Selection of ConsultantOverall coordination of4 weeks City/CRA activities Outreach Marketing Creation of quarterly 2months Consultant/community Strategies newsletter, community (on-going padicipants outreach strategies, activity) meetings, etc. Community Land Trust Explore program, 4 months Community develop final decision participants, City, CRA, and recommendation Contracted Consultant *Resident/Stakeholders Define priorities, create On-going Consultant, Community Project Implementation incentives to participants, City & encourage private CRA investments *Expanding Introduce new On-going Residents/Stakeholders Collaborative residents/stakeholders, Teams Partnership business partners into the process Annual Report Document success On-going Consultant, City & CRA and processes used * Anticipates these initiatives to be conducted annually over the two year grant period. 8 Southwest Neighborhood Redevelopment Team Grant Page 9 Project Sources Amount 1. Delray Beach CRA $18,000 2. City of Delray Beach $6,000 3. City of Delray Beach $7,000 (In-Kind) 4. MacArthur Foundation $150,000 Total $181,000 Project Uses Amount 1. Project Administration/Consultant Services $85,000 (includes equipment, office supplies, refreshments) 2. Leadership Development (residents & other $10,000 stakeholders) 3. Outreach/Marketing (newsletter, notices, reports) $20,000 4. Community Land Trust Consultant $12,000 Service/Technical Asst. 5. Project Implementation Incentives $54,000 Total $181,000 Notes: Project Sources Information 1. Delray Beach CRA- amount allocated as match dollars for the contracted consultant services. 2. City of Delray Beach - amount budgeted in FY 2004 budget for consultant services associated with the SW Neighborhood Plan. 3. City of Delray Beach (in-kind) - estimated cost of staff technical assistance to include Community Improvement Staff, City Engineer, and Planning Director associated with the implementation of the SW Neighborhood Plan. 4. MacArthur Foundation - requested Grant amount for projects listed above. Project Uses: 1. Allocates dollars for consultant services to coordinate community workshops, develop and carry out implantation strategies and other identified tasks pursuant to the scope of service contracted for; includes allocation supplies, equipment and resources associated with neighborhood meetings. 2. Supports residents and other partner involvement in the redevelopment and revitalizations strategies, planning meeting and action activities. Funds attendance for annual Neighborhood Conference, enhancing working knowledge of residents and foster relationship building between resident, City/CRA staff and business partners. 3. Allocate dollars to create and disseminate information on the implementation process and plans utilizing a variety of communication tools to reach residents. 4. Contracted service of an experience consultant to explore and educate residents on the concept of a Community Land Trust. 5. Allocates dollars to the resident group to create incentives that will attract developers to invest in this community and to keep residents engaged in the implementation process. 9 Southwest Neighborhood Redevelopment Team Grant Page 10 Description of Organizations Involved Although the City of Delray Beach is the applicant for the grant, all funds will be spent in support of the SW/NW Management's Team governance process. The Community Redevelopment Agency (CRA) and MAD DADS (Men Against Destruction Defending Against Drugs and Social Disorder) doing business as the Village Foundation will participate in this initiative. The following is a brief description of each of these entities. City of Delray Beach The City of Delray Beach is located in southern Palm Beach County, between the cities of Boca Raton and Boynton Beach. It is 15.4 square miles in size of which over 95 percent is developed. Over 58 percent of the existing land use inventory is residential while only 14 percent is commercial or industrial. Residential development is split evenly between single family and multi-family units and over two-thirds of the units are owner occupied. There is a resident population of about 62,500 with a racial mix of approximately 69 percent white and 29 percent black. In 2000, the median age of a Delray resident was 44 and the median household income was $43,371. The City utilizes a Commission-Manager form of government. The City Commission consists of a Mayor and four Commissioners. This year's general fund budget is approximately 71 million dollars. MAD DADS, doin.q business as the Villa.qe Foundation of Delray Beach MAD DADS, founded in 1991 is a national grassroots movement of local autonomous organizations. The national vision for MAD DADS is to help youth of all backgrounds, particularly those from disadvantaged circumstances, develop the qualities needed to become responsible citizens and to protect and maintain a safe environment for their families and neighbors. The Delray Beach chapter of the organization was founded in 1992 by local residents Charles "Chuck" Ridley and Ben Bryant. Throughout the last ten years, the grassroots agency programs have developed into three main components: Neighborhood Stabilization, Family Strengthening and Youth Development. Collectively called the Drug and Crime Free Community Program, these programs, have been strategically designed to address the most pressing needs of community residents of all ages. MAD DADS began doing business as the Village Foundation in 2000, strengthening its ability to raise dollars in support of the Village Academy Elementary School and the Beacon Extended Day School Program with its associated wrap around services. The service community for this agency is defined by Lake Ida Road to the north, Swinton Avenue to the east, Linton Boulevard to the south, and 1-95 to the west, an area that is also knows as the Delray Beach Community Development Block Grant Target Area. The organization has undergone some changes this past year, the founder Chuck Ridley, resigned as the Executive Director, the new Interim Director is Joe Gray, who has been working within the neighborhood as the contracted consultant for the SW Neighborhood Plan. We are recommending that the Management Team be 10 Southwest Neighborhood Redevelopment Team Grant Page 11 reorganized to include representation from the 17 neighborhood associations existing within the planning area. This will serve to strengthen communication, the number of residents engaged and participating in the governance of the plan and to encourage the development of new leaders. The goal is to educate and sustain citizen involvement. Community Redevelopment A.qenc¥ (CRA) The CRA was established in 1985 to guide the City in its redevelopment efforts. The purpose of the Agency is to revitalize the physical environment and the economy of the City's older, blighted areas. The impetus to create the CRA grew out of the work of the Atlantic Avenue Task Force which was commenced in 1984 to study the Atlantic Avenue Corridor and make recommendations for improvement. The CRA's budget is derived from the use of "Tax Increment Financing (TIF)". A "Finding of Necessity" for the initial 1,812 acre Community Redevelopment Area was adopted by the City Commission May 14, 1985. An additional 103 acres, located along North Federal Highway, were incorporated into the CRA on November 24, 1987. The agency is governed by seven commissioners appointed by the City Commission. Day-today operations are overseen by an executive director and staff. This year's tax increment revenues were increased by 17 percent. The total TIF's are now are $3,773, 248. 11 Date: February 11, 2004 Agenda Item No. '~lqu[ AGENDA REQUEST Agenda request to be placed on: X Regular __ Special When: February 17, 2004 Description of Agenda Item: MacArthur Foundation Grant - Revised Budget Ordinance/Resolution Required: Yes / No Workshop __Consent Recommendation: Approval Department Head Signature: Draft Attached: Yes / No City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: City Manager Review: HoldAppr°veduntil:f°r agenda: ~/No ~ Agenda Coordinator Review: Received: Action: Approved / Disapproved (if applicable) £1T¥I)RRI:I¥ 8EI:I£H DELRAY BEACH Ail-America City 1993 2001 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager DATE: January 27, SUBJECT: Agenda Item City Commission Meeting February 2, eOO~ Ratification Sister Cities Committee Board of Directors ~00~ ACTION: City Commission is requested to ratify the slate for the Board of Directors for the Sister Cities Committee for calendar year ~0o~ as attached. At their annual meeting held on January 262, 200~, the membership of the Sister Cities Committee unanimously approved the proposed slate of Directors for calendar year ~00~. Per their By-laws there may be up to twenty-one (~1) Directors. The Executive Committee agreed to reserve seven (7) positions for the Miyazu Committee, seven (7) positions for the Moshi Committee and seven (7) at large positions. The slate presented included nineteen (19) appointees with two (2) vacancies remaining for the Miyazu Committee. RECOMMENDATION: Staff recommends ratification of the proposed slate of Directors for the Sister Cities Committee for s00~ as per the attached. RAB:ags Attachment File: AHen/Asmemos THE EFFORT ALWAYS MATTERS Delray Beach Sister Cities Established 1977 Nominating Committee Recommendations for 2004 The organization is governed by a Board of Directors with board positions for ~1 members. The organization has continuing committees for each of its affiliate sister cities and other special committees. The affiliate sister cities are Miyazu, Japan and Moshi, Tanzania, East Africa. 1.) Nominations for appointment to the Board of Directors for year ~00~: John Bennett (T) Charlotte Durante (T) Daisy Fulton (T) n'Detenga n'Gurumo ((T) Charles Hardiman (J) Nancy King (AL) Beth Johnson (AL) Theodore Marshall, Jr. (T) Ngozi Mensah (T) James Mihori (J) Clovis Moodie (AL) Peggy Murphey (AL) Morton Noble (J) Rebecca O'Connor (AL) Larry Rosensweig (J) David W. Sehmidt (AL) Bonnie Seltzer (T) William F. Wilsher (J) Kathy Weigel (AL) e.) Nominations for the officers of the Board of Directors for year ~00~: David W. Schmidt, President Ngozi Mensah, Vice President William F. Wilsher, Secretary Becky O'Connor, Treasurer TO: THRU: FROM: SUBJECT: A T. HA DE , CITY MANAGER P?UL D. ORU.G, pRECTOR OF PLA". .G & ZO" "G SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST MEETING OF FEBRUARY 17, 2004 - REGULAR AGENDA APPROVE MODIFICATIONS TO THE PARKING MANAGEMENT ADVISORY BOARD BY-LAWS WITH REGARDS TO ACHIEVING A QUORUM Recently the Parking Management Advisory Board has not been able to achieve a quorum to hold their regularly scheduled meetings. The current by-laws defined a quorum as 50 % + 1 of the filled positions of the Board. The Board, having 11 filled positions requires the attendance of seven (7) members (50% of 11 = 5.5 +1 = 6.5 rounded up to 7) to achieve a quorum. During the January meeting the Board had seven members present but during agenda item V.C Modifications to the Parkin.q License Agreements, one of the members, being an agreement holder, had to excuse himself due to a voting conflict. By reducing the number of voting members for this item to six (6) the Board was unable to take action and the item was deferred for a second month. Attached for your review is a proposed modification to the PMAB by-laws, prepared by the City Attorney's office, reducing the number of Board members required to achieve a quorum from 50% +1 to a simple majority of filled positions of the Board (6). This simple majority is the amount of members required of most other Boards. By motion, approve the recommended modifications to the Parking Management Advisory by-laws to require a quorum to consist of a majority of filled positions of the Board. BY-LAWS THE CITY OF DELRAY BEACH PARKING MANAGEMENT ADVISORY BOARD ARTICLE I - GENERAL GOVERNING RULES: The Parking Management Advisory Board (hereinafter the "Board") shall be governed by Resolution 54-89 of the City of Delray Beach, Florida (hereinafter the "City"), as and if amended, and the Rules of Procedure hereinafter set forth (hereinafter the "Rules"), as adopted by the Board and approved by the City Commission. ARTICLE II - OFFICERS, COMMITTEES: 1. The Board shall elect a Chair and Vice Chair annually at its first regular meeting in the month of February from among its members by a majority vote of its members present and voting. 2. The Chair (or in his/her absence, the Vice Chair) shall preside at all meetings of the Board and rule on all points of order and procedure. 3. The Chair shall appoint any committees which may be deemed necessary. 4. The Staff Liaison shall act as Recording Secretary. The Recording Secretary shall take and transcribe the minutes of each meeting of the Board, conduct all correspondence of the Board, keep a minute book recording attendance and the vote of each member upon each question (or, if a member is absent or fails to vote, indicating such fact), maintain records of examinations and hearings and other official actions, and carry out such other official duties as may be assigned by the Board. ARTICLE I11 - MEETINGS, QUORUM, CONFLICTS: 1. REGULAR MEETINGS: The Board shall conduct its regular meetings every fourth (4th) Tuesday of each month at 5:30 p.m., unless there is no cause to hold such a meeting, 'J.".!ccc or if such regular meeting date falls on a holiday as dc__.!~ncd b:,' o_f the City of Delray Beach. The Recording Secretary of the Board shall notify each Board member, not less than one (1) day prior to any regularly scheduled meeting, of the time and place of each meeting. 2. SPECIAL MEETING: A special meeting may be called by the Chair subject to compliance with statutory notice provisions. 3. QUORUM: A quorum is required in order to hold a meeting. A quorum shall consist of 50% ~-! a majority of filled positions of the Board. All findings and orders of the Board and vot~ng~ ,. ........ r, ......... that require a vote of the majority of its members present ' · .....~'~'~ .......... ncr !cc~ than 50% '-! mcmbcrs cf thc_v_._=""-'~ ....... .... * '"'*"~.v ... ~'' ~,-.~. ...... ~.~ _.. .... _ ...... *;'-'- for the action to be official. 4. REPRESENTATION, PERSONAL INTEREST: No member or alternate member, if any, of the Board shall appear or represent before the Board a person in any matter pending before the Board. No member of the Board shall hear or vote upon any matter before the Board in which she or he is directly affected in a financial way. Whenever a member or alternate member of the Board has a direct personal, private or personal interest in any matter which comes before the Board, which interest creates a conflict of interest, that member or alternate member shall disclose said conflict before discussion and vote and shall, within fifteen (15) days after the vote occurs, file the proper form with the Board Secretary pursuant to the provisions of Chapter 112, Florida Statues. 5. CONDUCT OF MEETINGS: All meetings shall be open to the public, and the formal agenda posted in the Lobby of City Hall three (3) days prior to each regularly scheduled meeting. The Chair may, at his or her discretion, change the order of business at any meeting. 6. ADJOURNED MEETINGS: The Board may adjourn a regular meeting, if all business cannot be disposed of on the day set, to a time and date certain; however, notice of the time and date of postponement shall be given at the time of adjournment and shall not be changed prior to resumption of the postponed meeting. ARTICLE IV - ABSENCES, RESIGNATION, VACANCIES: 1. ABSENCES: If any regular Board member fails to attend three (3) consecutive regular meetings, the member's office shall be deemed vacant and the City Commission shall promptly fill such vacancy. The Board member may appeal the decision and reapply in writing to the City Commission. 2. RESIGNATION: Except as otherwise provided in Paragraph 1, above, of this Article IV, a Board member may resign from the Board by filing a written statement of resignation with the Clerk of the City. 3. VACANCY: Vacancies on the Board shall be filled pursuant to Section 32.10 of the City Code of Ordinances, as amended. ARTICLE V-PARLIAMENTARYPROCEDURE: Roberts Rules of Order shall be the final authority on all questions of parliamentary procedure. ARTICLE VI - AMENDMENTS - EFFECTIVE DATE: 1, These Rules may be amended by a concurring vote of ~noL ~.~ ,.~ ~;ll~,~ ,...;*;,..o a majority of the Board members present recommending such amendment to City Commission; provided, however, that the proposed amendment(s) has/have been presented in writing to the Board at least three (3) days prior to its adoption. 2, Prior to any such amendment becoming effective, it must first be approved by the City Commission. 3. These Rules shall be reviewed by the Board not less than every two (2) years, 4. These Rules shall become effective fifteen (15) days following their approval by City Commission. These Rules are hereby adopted by the Parking Management Advisory Board this of ,20__. day Chair, Parking Management Advisory Board Passed and approved by the City Commission in regular session this __ day of ,20__. AI-I'EST: By:. City Clerk CITY OF DELRAY BEACH, FLORIDA By: Mayor, Jeff Perlman A Division of Dubin & Associates FEB 1 2 200 CITY Golf & Tennis Management, Development & Consultation The City of Delray Beach in partnership with Palm Beach County is submitting a bid to host the April 9-11, 2004 Davis Cup Tie between USA and Sweden at the Delray Beach Tennis Center. We believe that we have a very good chance of being successful for the following reasons: 1. City of Delray Beach was successful in winning the bid to host the December 1998 Davis Cup "Finals" at the Delray Beach Tennis Center. 2. 8200 Permanent stadium which hosts annually an ATP men's event and the Chris Evert Pro Celebrity. 3. April is the height of season in Florida. 4. 3 International airports within 1 hour drive. 5. Strong local community support. The USTA is requesting a $200,000 financial commitment as per the Bid Document. The USTA allows the $200,000 to be divided up a maximum of three sponsorships. We are selling one Gold Sponsorship at $85,000 and one Silver Sponsorship at $57,500 or a combination of the two at $142,500 utilizing the combined inventory of benefits as per the attached. The City of Delray Beach and Palm Beach County will contribute the additional $57,500 in cash and in-kind services. The deadline for submitting a Bid, as per the USTA is Wednesday, February 18, 2004. I apologize for the short notice, if you are able to assist us in submitting a formal bid to the USTA please respond to Brahm Dubin, President of JCD Sports Group at 561-265-0255 by Monday, February 16, 2004. 2/12/2004 aW/Bid Request Form 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 SILVER LOCAL SPONSOR Benefits A. One (1) 3' x 9" banner within the stadium, but not within ESPN camera view. B. One (1) 3' x 9" banner in concourse area C. Twenty (20) Level One seats (value $450 each) D. Twenty (20) Level Two seats (value $375 each) E. One (1) booth for promotional purposes F. Forty (40) official Davis Cup programs G. One (1) full page, four color advertisement in the Official Davis Cup program H. Four (4) invitations to the Official Davis Cup banquet that includes players and captains of each nation along with international and national dignitaries. Approximately 150 people only attend this prestigious event. I. Sponsor Board recognition J. Ten (10) VIP Parking passes K. Logo representation in all print media generated by the USTA L. Local product category exclusivity M. Four (4) invitations to the USTA hospitality area Cost to Sponsor $57,500 2/12/2004 aW/Gold and Silver Local Sponsor GOLD LOCALSPONSOR Benefits A. Six (6) 30 second spots on the ESPN National telecasts (two per telecast) B. One (1) 3' x 9" banner within ESPN camera view C. One (1) 3' x 9" banner concourse area D. Forty (40) Level One seats (value $450 each) E. Forty (40) Level Two seats (value $375 each) F. One (1) Booth for promotional purposes G. Eighty (80) official Davis Cup programs H. Two (2) full page, four color advertisements in the official Davis Cup program I. Eight (8) invitations to the official Davis Cup banquet that includes players and captains of each nation along with international and national dignitaries. Approximately 150 people only attend this prestigious event. J. Sponsor Board recognition K. Twenty (20) VIP Parking passes L. Logo representation in all print media generated by the USTA M. Local product category exclusivity N. Eight (8) invitations to the USTA hospitality area Cost to Sponsor $85,000 2/12/2004 aW/Gold and Silver Local Sponsor Menlo To{ City Commission From~ David Harden ~ CC.' Date~ Re{ February 13, 2004 Request for Financial Support to S.D. Spady Advanced Chores Dudng Public Comments on Non-agenda Items on February 3, 2004, a request was presented for financial support to send the S.D. Spady Advanced Chorus to New York to perform at Camegie Hall. Commission direction was to have the request presented in writing. The written request is attached. At this time the Commission has $13,530 remaining in the Contingency line of our grants budget. Recommendation: While a grant may be apprepdate, some funds should be retained for requests which may be received later in the year. For example, we may receive a request again to help support the Glory Awards February 10, 2004 I:lrgl 1 2 2006 Dear Mr. Harden, CiTY Attached please find a letter explaining the mission and goals of the S.D Spady Advanced Chorus. I presented this information at the February 3, 20004 Commission meeting. We hope that the city of Delray Beach will support us in our fundraising effort in any way possible. Thank you for your consideration in this matter. Contact information: Kurt Clark, Director S.D Spady Elementary School 321 N.W. l0th Avenue Delray Beach, FL 33444 (561) 330-8814 S. D. SPADY ELEMENTARY MONTESSORI MAGNET Martlm K. O'Hare Princit~al 321 N. W. 10th Avenue - Delray Beach, FL 33444 (561) 243-1558 Fax: (561) 243-1540 Susan Beck Montesson Maenet Coordinator Bradley Henry Assistant Princit~al 2-3-04 The S. D. Spady Elementary Advanced Chorus is seeking donations for our performance at Carnegie Hall on Sunday, April 25, 2004. The following information will explain the history, philosophy, and goals of our young choir. My name is Kurt J. Clark and I am the director of the S. D. Spady Elementmy Advanced Chorus. The chorus was formed in the fall of 2001 to facilitate educational and performance opportunities for promising young vocalists of various ages, economic backgrounds, ethnicity, and musical ability in the Delray Beach Florida community. The chorus is comprised of 35 students ages 8-13. The group does not have any board members or an executive director. The group supports itself solely through donations and fundralsers. Parent contributions are only requested in emergencies. The students in this group could not afford to participate if parent contributions financed our chorus activities. In 2002, the S. D. Spady Elementary Advanced Chorus auditioned and was invited to participate in the 2003 National Choral festivals at Carnegie Hall and Lincoln Center with the National Children's Choir. Our students sang in a mass choir comprised of approximately 230 singers. This year the S. D. Spady Elementary Advanced Chorus auditioned and was selected to perform at the 2004 National Choral Festivals at Carnegie Hall and Lincoln Center as the Featured Elementary Choir. Our students will sing by themselves, as the featured performers. Delray Beach will proudly be displayed on the Carnegie Hall marquee and in the playbill for the evening's program. The city of Delray Beach will also receive publicity in the form of newspaper and television media. The approximate cost for 35 students, 6 chaperones and 2 accompanists to attend this festival, including travel, meals, lodging, and festival activities, is $53,765.00. The director's time is donated and the rehearsals are held at Spady Elementary free of charge. The students purchase their own uniforms and music. As of 12-12-03, Office Depot is our only major contributor with a donation of $10,000. The S.D. Spady Advanced Chorus has shown their support of the city of Delray Beach in the following ways: · Performing at the lighting of the Christmas tree in Old School Square · Performing at annual magnet fair · Holding performances at the Crest Theater in support of downtown Delray' s revitalization · Performances at the Caring Kitchen · Performances at Office Depot Employee Night at Old School Square We are asking the City of Delray Beach, Florida for your support in allowing us to reach our fundraising goal and allow our students have their dreams come true; to sing on the stage at Carnegie Hall as the Featured Elementary performing group. Your generosity will allow our advanced chorus students to live a dream by traveling to New York to perform at Carnegie Hall. We will be honored if you choose to support us financially and make our goal a reality. Kurt J. Cla/k, Chorus Director FESTIVALS November, 2003 Linda Torres Festival Artistic Director Bonnie Slattery Assistant Director 61 Mont~iew Drive Asheville, NC 2880 ! Phone: (800) 232-2988 Fax: (B28) 251-5781 Kurt Clark S. D. Spady Elementary Chorus 321 NW 10th Avenue Delray Beach, FL 33444 It is my distinct privilege to announce the Festival 2004 featured el~oirs selected to perform at Carnegie Hall in New York City. On March 6, 2004, the featured choirs will be: Pearl Chamber Singers Rocklin High School Honor Choir On March 20, 2004, the featured choirs will be: Roanoke College Children's Choir Ashbrook High School Concert Choir On April 25, 2004, the featured choirs will be: S. D. Spady Elementary Chorus Timpview A Cappella We appreciate all of the quality choirs that auditioned and will be participating in these fine festivals at Carnegie Hall. The featured choirs were selected by taking the top numerical scores over 90, as determined by the adjudicators. A copy of your adjudication sheet is enclosed (if applicable). Featured choirs, please plan for your repertoire to be approximately 10 to 15 minutes. Your repertoire must be submitted to me no later than eight weeks prior to your performance and is to include the name and length of each piece. Congratulations, Linda M. Torres Festival Director DR-'~ 4' Il. 01102 Co.sumer's Ce..ioate o, ×emp o. II Issued Pursuant to Chapter 212, Florida Statutes 60-22- ! !3432-53C Cedificale Number IEfleclive Dale IExp~ralion Dale This certifies that THE SCHOOL BOARD OF PALM BIEACH COUNTY 3366 FOREST HILL 6LVD STE A-323 WEST PALM BEACH FL 33406-5870 is exempt from the payment of Florida sales and use tax on real property rented, transient rental propedy rented, tangible personal property purchased or rented, or services pumhased. Important Information for Exempt Or ganizations .. 6+ You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchaSes. See Rule 12A-1.039, Florida AdministCative Code (FAC): Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. Purchases made by an individual on behalf of the o~-ganization are taxable, even if the individual will be reimbursed by the orgapization. This exemption applies only to Purchases your organization makes. The s~,le or leash t° others by your organization of tangib e personal property Sleeping accommOdationS or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transacti°ns. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FAC). It isa criminal Offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used'lot the personal benefit Of any individual. Violators will be liable for payment of the sales tax'plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487-4130. The mailing address is 5050 West Tennessee Street, Taflahassee, FL 32399-0100. TO: FROM: THROUGH: MEMORANDUM David Harden, City Manager Jacklyn Rooney, Purchasing Manager<~ Joseph Safford, Finance Director DATE: February 11, 2004 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING FEBRUARY 17, 2004 - PURCHASE APPROVAL SECURITY UPGRADE TO POLICE DEPARTMENT PROPERTY TO C.K.'S SECURITY SYSTEM Item Before Commission: City Commission is requested to approve award to C.K.'s Security System for the upgrade to the security system at the rear area of the Police Department for a total amount of $44,188. Background: The Police Department is being reviewed by the Commission for Florida Law Enforcement Accreditation and as part of this accreditation a level of facility security is required to meet the requirements of Chapter 20, Unusual Occurrences. This upgrade will consist of four (4) electrical operated gates, an addition of eight (8) cameras, re-key the entire building, an elevator disabling system and a beam wire system on the fences surrounding the rear of the Police Department. Quotes were requested from local vendors based on the availability of a local vendor mm around time for follow-up maintenance and issues that may arise. In the past the Police Department has experienced problems with non-local vendors and the turn around response time. Only two local vendors interested in the project submitted bids as follows: C.K.'s Security System at $44,188 and Security One at $43,157.90. See attached quotes received. The Police Department is requesting award to C.K.'s Security System at a total of $44,188 per attached memo dated February 05, 2004. Security One's bid did not include all requirements requested by the Police Department. Recommendation: Staff recommends award to C.K.'s Security System for the security upgrades at the rear of the Police Department to meet the Florida Law Enforcement Accreditation. Funding from Annual Block Grant Project #LLEB03, account code 115-2128-521-64.90 for $40,380 and account code 001-2111-521-64.90 for $3,808. Attachments: Joseph L. Schroeder Chief of Police Delray Beach Police Department 300 West Atlantic Avenue, Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 ?E~L oP~Y. BEA.cH~ Ali-America City 1993 2001 MEMORANDUM TO: FROM: DATE: SUBJECT: Jackie Rooney Purchasing Superv~r David Junghan~' Administrative Se/~Director February 6, 2004 AGENDA RECIUEST Enclosed please find our Agenda Request for the secudty upgrades to the rear of the Police Department property. The upgrade will be funded from the Police Department's Annual Operating Budget, account number 001-2111-521-64.90, and the Local Law Enforcement Block Grant (LLEB), 2003, account number 115- 2128-521-64.90. In the case of the LLEB Grant, the expenditures have met all Federal grant requirements. The Department has been able to find only two local vendors that were interested in bidding on the project, C.K.'s Security Systems, Inc. and Secudty One Systems. The Department has determined it is necessary to have the equipment purchased and installation preformed by a local company. It is easier for a local company to handle any follow-up maintenance issues/requirements that may arise. Our major concern with a non-local vendor is the turn around time necessary for any repair/maintenance of the equipment. The Department has experienced this problem in the past with our Keycard entry system. The company that we have selected to handle the upgrade is C.K.'s Secudty Systems, Inc. While C.K.'s Secudty Systems is not the Iow bid, they are the most complete bidder. C.K.'s Security Systems was able to provide a pdce quote on all five of the security upgrades, electric gates, cameras, rekey of the building, security system for the wall around the rear of the property and an elevator disabling system. There bid for the complete project was $44,188.00. Serving with P.R.LD.E. Professionalism, Respect, Integrity, Diversity and Excellence Security One Systems only provided a bid on the electdc gate, cameras and the wall security system. Additionally, please note that the electric gate system quoted by Security One Systems did not include a secondary gate that would prohibit additional vehicles to follow the prior vehicle past the electric gate as it was closing. There bid for the partial project was $39,244.02. The enclosure to this memorandum lists pricing by vendor. Additionally, the Department selected C.K.'s Security Systems because of our long history of successfully and satisfactory work preformed by the company. C.K's has successful completed several security upgrades, and regularly provides the Department with outstanding day to day service. In each and every case their service was exceptional, timely and always professional. Currently the Police Department is being reviewed by the Commission for Florida Law Enforcement Accreditation. The second enclosure explains the Commission and briefly describes the benefits to the Department. Chapter 20, Unusual Occurrences, requires a level of facility security that will be met by this upgrade. In order for us to meet the requirement, it is imperative that the upgrades be placed on the February 17th Consent Agenda. If approved at that meeting, it will allow sufficient time for the project to be completed before the March 24th deadline. Should you have any questions, or require additional information, please call or e-mail me and I will provide the necessary information. DJ/ Enclosure CO P~¢lofl Rooney, Jackie From: Junghans, David L. Sent: Wednesday, February 11, 2004 9:31 AM To: Rooney, Jackie Subject: security quote list This should do it. CO. GATES CAMERAS REKEY BEAM ELEV TOTAL WIRE DISABLE ~ecur. $18,315.58 $12,627.37 N/A $12,214.95 See Gates $43,157.90 One quote C K's $19,000.00 $11,488.00 $7,205 $3,850 $2,645 $44,188.00 Locks 2/11/2004 COMMISSION OF FLORIDA LAW EMFORCEMENT ACCREDITATION The Commission for Florida Law Enforcement Accreditation reviews all aspects of an agency's policies and procedures, management, operations and support services to determine compliance with 276 accepted law enforcement standards of excellence. Agencies are required to have a Mock assessment done to determine what needs to be corrected before having their final On-site assessment which is the "final exam" to award their state accredited status. Additionally, our agency is pursuing state accreditation with national recognition, which means that there are specific standards we have to additionally meet that are acknowledged by the national accrediting body (CALEA). C.K.'S SECURITY SYSTEMS, INC 301 S.E. 4TH STREET BOYNTON BEACH, FL 33435 561-330-9838 Estimate DATE ESTIMATE NO. 4/4/2003 l ! 319 Customer PROJECT DELRAY BEACH POLICE DEPT. GATE PROJECT DESCRIPTION UNIT UNIT PRICE TOTAL EIqTRY GATE 9,500.00 9,500.00 1-ELITE SL3000 HIGH TRAFFICE GATE OPERATOR 2-SAFETY BEAMS I-PEDESTAL 1-ELITE OPTIONS BOARD 1-BATTERY BACKUP BOARD I-BARRIER GATE OPERATOR 1-15 FOOT ARM WITH STR1PE 1-COUNTER BALANCE & I-CONTACTOR TO TRIP GATE 1 -CLOSING LOOP 1-L~BOR TO INSTALL *NO SAFETY LOOP ON BARRIER GATE PER INSTRUCTIONS OF DBPD TO PREVENT TAILGATING* EXIT GATE 7,300.00 7,300.00 1-ELITE SL3000 HIGH TRAFFIC GATE OPERATOR 2-SAFETY LOOPS 2-EX1T LOOPS 1-BAI IERY BACKUP BOARD 1 -I-3~BOR TO INSTALL-INCLUDING SAW CU 11tNG & ASPHALT REPAIR REPAIR & PREPARATION OF GATES FOR AUTOMATIC OPERATION 2,200.00 2,200.00 Any alteration or deviation from above specifications involving extra cost, will be executed only upon written orders, and will become an extra charge over and above the estimate. Owner to carry fire, tornado and other necessary insurance upon above work. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed fit a substantial workmanlike manner. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are anthorized to do the work as specified. WARRANTY I-YEAR PARTS 90-DAYS LABOR TOTAL Approvat Signature C.K.'S SECURITY SYSTEMS, INC 301 S.E. 4TH STREET BOYNTON BEACH, FL 33435 561-330-9838 Estimate DATE ESTIMATE NO. 4/4/2003 11319 Customer PROJECT DELRAY BEACH POLICE DEPT. GATE PROJECT DESCRIPTION UNIT UNIT PRICE TOTAL 1 -SUPPLY AND INSTALL 40 FT. OF HEAVY DUTY V-TRACK & V-WHEELS FOR BO2~I THE EAST AND WEST GATE. (DBPD TO SUPPLY CONCRETE PADS) 2-SUPPLY & INSTALL ALUMINUM PRIVACY PANELS ON BOTH GATES. 3-REPIAkCE THE EXISTING TRACK WHEELS WITH HEAVY DUTY MALLEABLE STEEL WHEELS ON BOTH GATES4 TOTAL 4-REPLACE RUBBER WHEELS ON BACK GATE. ( 1 SET OF I-IF~VY DUTY PNUEMATIC WHEELS) PAYMENT SCHEDULE 50% DEPOSIT 50% DUE WlTIfllq 30 DAYS OF JOB COMPLETION Sales Tax EXEMPT NEW CONSTRUCTION 0.00% 0.00 Any alteration or deviation from above specifications involving extra cost, will be executed only upon written orders, and will become an extra charge over and above the esfmmte. Owner to ca~ry fire, tornado and other necessary insurance upon above work. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. WARRANTY 1-YEAR PARTS 90-DAYS LABOR Page 2 TOTAL Approval Signature $19,000.00 C.K.'S LOCKSHOP & SECURITY 301 S.E. 4TH STREET BOYNTON BEACH, FLORIDA 33435 561-265-1t01 OR 561-732-9418 fax 561-737-1347 1001 ESTIMATE Customer ~ ame DELRAY BEACH POLICE DEPT. I ~Date ddress ~uRV~!~LA~CE CAMERAS J I Order No. ity State FL ZiP IRep hone ..... _ .......... J [,,FOB 4/4/03 .... ~HANS ~ ~ _Description ,SUPPLY AND INSTALL 8 SURVEILLANCE CAMERAS [TO VIEW THE PERIMETER OF THE BUILDINGS. THE MONITOR AND MULTIPLEXER UNIT TO BE LOCATED IN THE DISPATCH AREA. ANY NECESSARY SHELVING FOR THE MULTIPLEXER TO BE PROVIDED BY D.B.P.D. 50% DEPOSIT WITH SIGNED PROPOSAL, 50% DUE WITHIN 30 DAYS OF COMPLETION. Payment Details ~) OTHER © Check 0 Credit Card Name CC # Expires $11,488.00 SubTotal Shipping & Handling Taxes FL Unit Price TOTAL $11,488.00 TOTAL $11,488.00 $0.00 $0.00 $11,488.00 iOffice Use Only JOB APPROVAL. STATE ELECTRICAL LICENSE # EFA 00070~1 IT IS UNLAWFUL TO PERFORM THIS INSTALLATION WITHOUT AN ELECTRICAL LICENSE!!! C.K.'S LOCKSHOP & SECURITY 301 S.E. 4TH STREET BOYNTON BEACH, FLORIDA 33435 561-265-1101 OR 561-732-9418 fax 561-737-1347 IiCustomer ame DELRAY BEACH POLICE DEPT. ddress ity ~ FL hone 243-7852 FAX 243-7816 ZIP 1004 ESTIMATE -- (Date I Order No. IRep L.FOB 4/4/03 DAVID JU~NGHAN~S_ Qty Description SUPPLY AND INSTALL MEDECO KEYMARK HIGH !SECURITY CYLINDERS ON ALL DOORS. ALL LOCKS ITC BE MASTERKEYED. KEYMARK KEYS ARE $4,00 EACH AND ARE NOT INCLUDED IN THIS QUOTE. 50% DEPOSIT WITH SIGNED PROPOSAL, 50% DUE WITHIN 30 DAYS OF COMPLETION. ~-- Payment Details ~) OTHER O Check O Credit Card Name CC # Expires SubTotal Shipping & Handling Taxes FL Unit Price TOTAL - ~f~b~.do ~6'~ioo' TOTAL $7,205.00 $0.00 $0.00 $7,205.00 Office Use Only JOBAPPROVAL- STATE ELECTRICAL LICENSE # EFA 00070'1 IT IS UNLAWFUL TO PERFORM THIS INSTALLATION WITHOUT AN ELECTRICAL LICENSE!!! C.K.'S SECURITY SYSTEMS, INC 301 S.E. 4TH STREET BOYNTON BEACH, FL 33435 561-330-9838 Estimate DATE ESTIMATE NO. 4/4/2003 38525 Customer PROJECT DBPD-PER1METER BEAMS PERIMETER BEAMS DESCRIPTION UNIT UNIT PriCE TOTAL BFdkM SYSTEM 3,850.00 3,850.00 3-SETS OF 500 FT. OPTEX DUAL PHOTO BEAMS 1 -ANNUNCIATOR * 110 VOLT POWER TO EACH GATE OPERATOR TO BE SUPPLIED BY DB.P.D. PAYlviENT SCHEDULE 50% DEPOSIT 50% WITHIN 30 DAYS AFTER COMPLETION Sales Tax 6.00% 0.00 Any alteration or deviation from above specifications revolving extra cost, will be executed only upon written orders, and will become an extra charge over and above the estimate. Owner to carry ftre, tornado and other necessary insurance upon above work. All material is guaranteed to be as specified, and the above work to bo performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. WARRANTY 1 -YFakR PARTS 90-DAYS LABOR TOTAL Approval Signature $3,850.00 C.K.'S LOCKSHOP & SECURITY 301 S.E. 4TH S'[REET BOYNTON BEACH, FLORIDA 33435 561-265-1101 OR 561-732-9418 fax 561-737-1347 1002 ES TIMA TE IiCustomer '] (Date ame DELR,~ Y REACH POLICE DEPT. ddress ELEVATOR IOrder No. ity - - - ~tate'~=L..~ Zl~ IRep hone [,.FOB 4/4/03 DAVE JUNGHANS Qty Description 1 DISABLE EXISTING ELEVATOR CALL STATIONS ON 1STAND 2ND FLOORS. SUPPLYAND NSTALL 2 KEYSWITCHES WITH CYLINDERS IN PLACE OF. RUN EMT P P NG AND W R NG FROM ELEVATOR HOISTWAY TO THE DESIGNATED LOCATION AT WINDOW FOR REMOTE CALL STATION. 50% DEPOSIT WITH SIGNED PROPOSAL, 50% DUE WITHIN 30 DAYS OF COMPLETION. r Payment Details Name CC # OTHER Check Credit Card Expires _U_nit Price $2,645.00 TOTAL $2,645.00 SubTotal ....... $__2,~?z5.00 Shipping & Handling $0.00 Taxes FL TOTALI $2,645.00 Office Use Only JOBAPPROVAL. STATE ELECTRICAL LICENSE # EFA 00070'1 IT IS UNLAWFUL TO PERFORM THIS INSTALLATION WITHOUT AN ELECTRICAL LICENSE!!! Delray Beach Police Department 300 W .Afl,nile Ave Dclray, FL 33444 CCTV Proposal Delray Beach Police Proposal: 3726-1 10/20/2003 Prel~md For: 1029 N. Florida Mango Rd. West Palm Bo~h, FL 33409 5614584-1771 General System Description The following package represents the scope of work being proposed by Security One Systems (SOS) for the Delray Beach Police Deparlment. SOS is an authorized dealer for products listed. 1. In addition, eight black & white cameras have been provided for in this scope of woflc and they will be located in the following areas. East Light pole (2 cameras) Light pole near range and kermel (2~ Light pole in SE corner of parking 1~(2 ca~ra~ ~ Light pole in tbe SW comer of the , ( 2. One new Robot black & white mulitiplexer with a black & white moniter will be installed in the dispatch area. The monitor will be mounted and suspended from the ceiling ALL CONDUIT/POWER SUPPLIES AND TRENCHING WILL BE SUPPLIED BY THE DELRAY BEACH POLICE DEPARTMENT OR THE CITY OF DELRAY BEACH. 3. All cable, installation and ~ermination of products will be provided by SOS. 4. There is a one-year wan'amy on all parts and labor comained in this proposal. Draft Pago 3 of 11 3726-1 Scope: CCTV Video Head End [lead End #1: 2nd Floor Disuatch Office Desktop (l) Panasonic - V~MON-WV-BMI790 - 17" B/W Rack Monnmhl~ Monitor (14) TDK- V-ACC-T-120- Ta~s-St~liil~ VCR Ta~s ~ ~r~ Customer to furnish and install (as .eq~all c'~afic,~g~S~y~, ~o~ connections, and telephone lines to each CCTV Head End location. Power Suoulies Power Suooiv #1 1st Floor Closet (1) Pelco - V-PSU-MCS 16-20SB - 16 Camera Power Supply W/Cir. Breakers Cnstomer to furnish and install (as requital) all electric connection to each CCTV Power Supply location. Cqmera Location Lens: Tanuon Industries - V-LEN- 13VG550-SQ - 5-50mm Varifocal A/1 Lens Honsin~: Pelco - V-HSG-EH3512/M'r - EH3512 With F3ff14503ffount Other notes regarding this camera: Camera to be mounted on SE light pole and will face N. Camera ~2 SE Light Pole-S Camera: Panasonic - V-CAM-WV-BP334 - Camera-l~3 Lens: Tammn Industries- V-LEN-13VG550-SQ- 5-50mm Vari£ocal Al1 Lens Honsin~: Pelco- V-HSG-EH3512/MT - EH3512 With F2~1450Mount Other Rotes regarding this ~amera: Camera to be mollnted on SE light pole and will face south. P~c4 of 11 3726-1 Scope: CCTV Camera #3 Raa~e & Kmnel Cmera #1 Camera to view: Camera: Panasonic - V-CAMoWV-BP334 - Camera-Il3 Lens: Tammn Indnstfies - V-LEN-13VG550-SQ - 5-50mm Varffocal A/1Lens Housing: Pelto - V-HSG-EH3512/MT - EH$512 With EM1450Mount Other notes reganting this camera: Camera will be mourand on light pole on the east side and will face north. Camera: Panasonic - V-CAM-WV-~ CamWPa-l/$ Lens: Tamron Industries - V-LEN-13VG550-$Q - 5-$Omm Varffocal A/1Lens I-Iousin!~: P¢lco- V-HSG-EH3512/MT - EH$512 With EM1450Mount Other notes regarding this camera: Camera to be mounted on the light pole on the east side near kennel. The camera will face south. Camera ~ SE Lip~ht Pole-N Camera to view: Camera: pananonic - V-CAM-WV-BP334 - Camera-I~3 Lens: Tarpon Industries- V-LEN-13VG550-SQ- 5-50mm Varffocal Ali Lens Housing: Pel¢o - V-HSG-EH3512/MT - EH3512 With EArl1450 Mount Other notes regarding this camera: Camera will be mounted on the SE pole and will face no~h. Camera to view: Camera: pananonic - V-CAM-WV-BP334 - Camera-Il3 Lens: Tammn Industries- V-LEN-13VG550-SQ- 5-50mm Varifocal Ali Lens Housing: Pck:o - V-HSG-EH3512/MT - EH3512 With EM1450Mount Other notes regarding this camera: Camera will be mounted on SW light pole and will face east. Cmera t18 SW Light Pole Camera to view: Camera: pmmnonic - V-CAM-WV-BP334 - Camera-Il3 Lens: Tammn Industries - V-LEN-13VG550~ - 5-50mm Varifocal A/ILens Homing: Pelco- V-HSG-EH3512/MT - EH3512 With EM1450Mount Other notes reganling this camera: Camera will be mounted on the SW light pole and will face Pa~e 5 of 11 3726-1 Equipment List 0~' ~{dr, e- Modd I Pelto - MRSOOOM 14 TDK- V.,ACC-T-120 Fti= Per U~ ~- $205.91 $205.91 $4.00 $56.00 O~ ~mke - 8 Pelco- V-HSG-EH3512/MT Price Per Unit Ext. Pdce $110.08 $880.64 O~ [V~ke - .Model 8 Temron Industries - V-~EN-13VG550-EiQ Unit Ex[ P~ce $210.00 $1,680.00 I Panasonic- V-MON..VVV-BM1790 Per Unit Ext. P~ce $428.75 $428.75 I Pelco- V-MUX..M~4016MD $1,300.18 $1,300.18 I Peleo - V-PSU.MC$16-205B $323.75 $323.75 Pag~ 6 o'~' 11 3726-1 Financial Summary Proposal Number. 3726-1 m~r~ Addre~: l~jec~ Locaaon: Delray Beach Police Department Delray Beach Police Depamnent 300 W Atlantic Ave 300 W Atlantic Ave Delmy, FL 33444 ])eh-ay, FL 33444 .23 Maleriais $2,114.00 Labor $3,760.35 Wanamy $4O9.27 Project Management $272.85 Engin~ing $204.64 Training $0.00 Systean Total $13,582.34 TOI.~I Summa~v CCTV System Systems Total System Dis~ount Total $13,582.34 $13,582.34 -$954.97 Pago 10 of 11 3726-1 Delray Beach Police Department 300 W 3!l~mic Ave Del'ay, FL 33444 Gate Reader/Elevator Control System Proposal: 3726-2 10/20/2003 ~~, Dave Jungb?. s 1029 lq. Florida Mango Rd. West Palm B~a~h, FL 33409 561-684-1771 .lanua~ 23, 2004 Dave Sun~lmn~ Delray Beach Police Department 300 W Aflan'Ac Ave Delray, FL 33444 Re: Access -Proposal Dear Mr. ~.n.~h~n~- Draft 561-684-1771 www.secur~tyone.com Thank you for allowing Security One Systems, lac. the oppommity to present this proposal for your consideration. This proposal is based on our discussions, meetings, si~e surveys, and bid documents created by your org~ni~alon~ Our company is uniquely qualified above referenced security system. of installing budget requirements. required for the sand Our e._gineefing and project m~ngement staff have worked together with me to creale this proposal. This team will be pre~ to deliver your in~nlln~ion in an orgnnized and professional rammer. Our instalhfion crows ami service technicians will be unifom~d, trained, and in company stocked vehicles. In addition, upon completion of the in~allation, our senrice degatmaent staff will be ready to provide you with same day sewice utilizing om'unique compu~rized dispatch system. Finally, although most of the woflc to be done will be executed by other team members, I will be commiOed ~o monitori~ the process and making sine that your system meels or exceeds your expectafiom. Sincerely, Joe Dominguez Security Sales Advisor P~ge 2 of 11 3726-2 General System Description The following package represents the scope of work being proposed by Security One Systems (SOS) for the Delmy Beach Police Deparlme~. SOS is an authorized dealer for products 1. One access control pn)ximi~ reader has been provided for in this scope of world, The reader will be mourned to a pedestal and will be iostalled on the east enlrance side of the pauking lot. All gale operators and loops for gate closing and opening on the east/west sides have been provided for in this scope The west ~ for egress and two loop detectors have been ALL CONDUIT/POWER SUPPLIES AND TRENCHIlqG WILL BE SUPPLIED BY THE DELRAY BEACH POLICE DEPARTMENT OR THE CITY OF DELRAY BEACH. 2. All cable, installation and termination of products will be provided by SOS. 3. There is a one-year wan~anty on all par~s and labor contained in this proposal. Draft Pago 3 of 11 3726-2 Scope: Access Control Computers Location: 2nd Floor Mail Room Desktop Customer to furnish and install (as required) all electric, UPS systems, netwofl~ connections, and telephone lines to each compuler 1~ ~ Access Pand #1 Cobol nanel(s'~ will be located at the followin~ location: 1st Floor Dismtch Office. Notes: Panel is ex,ting ami Js a NexGen~'y 4100 with a micro 16/8. NexLine module AD4302 powerline aclnp~er existing. Customer to furnish and install (as required) all electric, nawoflc connections, and telephone lines to each Access Panel location. Draf Page 4 of 11 3726-2 Equipment List Make - IV~lel l%iee Per U~it Ext. Priee HousingCompany-X-ACC-PCl-1091 $173.25 $173.25 Housing Company-X-ACC-P$O42Y $166.25 $166.25 NexWetch - DR4020, ~ proximily $788.38 $788.38 mader Draf Pa~e 5 of 11 3726-2 Clarification a) AI~ Door(s) and as~mciated door hardware a~ed, unie"-s speof-=ally id~ ~tt~ sc°m ~ ~ a~r equtpmer~ list ~q~ ~ b) Cod ~ ~ new or e~is~ ~ doors required for i~fifled'lJ~dnl~l~l'a~$ibllity°f °them. C) Modification o f any new o r existing fire doo~nc~ld. ~EIb~x~aT~c~ md~ppI'j~ECURITY ONE d) Proper Idoo r ali~nr rle~ a nd rTleChan leal ~~~ required due to faro m beyond our cor~rol, will be[~oiced ~ur <~Ha~l~ ~. dudng roue run and system inMaflafion ~ ~;~: ~ ~ h) All LANtWAN connections. ~ddrer, sing and ~naior~lly~re th~t~TA¥ ~ the'O'rant. i} Any t~lep~one lines or [ANtWAN conneetior~ rr~t be inst~lled ~nd operational prior to 8ecudly One Inc~ ~ommenoinfl work. lhe local ~ecurity ~ bh/st~m$, Ino. represerflative will Yedfy th~ ~v~Jl~bilily ~nd [unotitmality P~* 6 or'Il 3?26-2 Financial Summary Proposal Number: 3726-2 lDelray Beach Police Depat 300 W Atl~tic Ave D~lmy, FL W~ ~j~t T~ S~t~ To~l Access 3~ P~ Creator S~t~s Tot~ S~t~ Diseo~t To~ Pro~e~t Lo~ation~ I I Delray Beach,Police Department 300 W Atlantic Ave Delray, FL 334z~, · : :~$1,1,:81.83 "$~.60 $70.91 $47.27 $35,45 $0.00 $2,35:2,29 $2,352.29 $16,128.75 $18,451.0~ -$165,46 $18,315.5S 'This ptOf3oeal d~s not In~uUe ~1~ ~ Page 9 of 11 3726-2 3rd Party Contractors Company: Gateaystema Unlimited, In,~. Type of Work: Gate Cost: $8,gg8.75 Company: Gateaystems Unlimited, Inc. Type of Work: Gate Cost: $7,130.00 Page 11 of 11 3726-2 Delray Beach Police Department 300 W Aflami¢ Ave Delray, FL 33444 Perimeter Protection System Proposal: 3726-3 10/20/2003 1029 lq. Florida Mm~o Rd. West Palm B~ach, FL 33409 56t-684-1771 Janumy 23, 2004 Delray Beach Police Depamnent 300 W ^tl~nfi¢ Ave Delray, FL 33444 Re: Alarm - Proposal Dear Mi'. J~m~hans: Draft 5~1-~84-1771 Thgnk you for allowing Security One Systems, Inc. the oppommity Io present this proposal for your consideration. This proposal is based on our discussions, meetln~s, site stm, eys, and bid documenls created by your organization. Our company is uniquely qualified above referenced security system. of installing budget requirements. requLred for the Our engineering and project mnna~mem staff have worked together with mc to create this proposal. This team will be prcpued to deliver your instRll:~tion in an organized and professional mariner. Our installation crews and service technicians will be uniformed, trained, and in company stocked vehicles. In addition, upon completion of ~he insmllalion, our service department staff will I~ ~ady to provide you with same day senfice utilizing our unique computerized dispa~h system. Finally, although most of the work to be done will be executed by other team members, I will be committed to monitoring the process and making sine that your system mee~s or exceeds your expectations. Sincerely, JOe Domin~mlez Securily Sales Advisor Pa~e 2 of 12 3726-3 General System Description The following package represents the scope of work being proposed by Security One Systems (SOS) for the Delmy Beach Police Depmtmem. SOS is an authorized dealer for preducts 1. Three sets of photo-elec~ic beams will be installed along the perimeter of the office ~ag area. Tlie three sets will be locat~l in tl~ following areas. East wall to the South wall South wall to the West wall SW corner to the NW comer of the ~ DELRAY BEACH POLICE DEPARTMENT OR THE CITY OF DELRAY BEACH. 2. An alarm lmml will be installeal in the Dispatch Area and the perime~r beams will connect directly to this cortroller. In addition, the Imnel will have an alpha-numeric keypad coanect~d to it to able and disable the system. Also, an external buzzer will sound wben a zon~ of one of the beams is crossed. 3. All cable, imlallafion and termination of products will be provided by SOS. 4. There is a om-year warranty on all parts and labor comnlned in this proposal. Draft Pag~ 3 of 12 3726-3 Scope: Alarm System Panel Location Alarm Panel Location #1 Dispatch Center Control: Napco - B-CI'L.GEM1B200 - Gemini 3200 Control Panel-Commercial Prima~ Conununicator. Mo&flar Devices - B-COM-DC3112 - RJ31X/620 Cord for Communicator Batteries: Yuasa - X-BAT-NP712 - ~ 7.~tBatte~y ~ ,~ Customer to furnish and install (as ~~~~and telephone lines at each panel location. Alarm Device Locations Location #: 1 Dismtch KeYI~:I: (1) Nailco - B-KPD-GEMRP ICAE2 - Kevpad-Delu~e LCD 2 Line Display Draft P~e 4 of 12 3'/26-3 Equipment List I Napco - B-KPD-GEMRPICAE2 $135.85 $135.85 I ModularDevices-B-COM-~C3112 $3.00 $3.00 O~ [~e - M~I~ Price ~er Ualt E]t. PHee I Nepco- B.CTL-GEMP3200 $236,25 $236.25 I Pelco-MRSOOOM $205.91 $205.91 14 TDK- V-ACC-T-120 $4.00 $56.00 8 Pene~nic- V-CAM-WV-BP334 $243.25 $1,946.~0 8 Pelto - V-HSG-EH35124i4T $110.08 $880.64 Otv Make - Mmld PHee Per Ua# ~ 8 Ternton Industries- V-LEN-13VG550-SQ $210.00 $1,680.00 Pa~e 5 of 12 3726-3 Equipment List 0~- l~d~- Modd P~e Per Unit E~ Price I Panasonic- V-MON-WV-BM1790 $428.75 $428.75 I Pelco- V-PSU-MC$16-2OSB $323.75 $323.75 I Altmnix-X- X-PSU-ALIO12ULACM 1 NexVVatch -DR4020, 20-in pmxirrd~y reader 2 Pulnix- PBINIOOHF I Pulnix- PBIN2OOHF PH~ ~ Unit Ext. Pd~e $525.00 $525.00 $788.38 $788.38 $579.27 $1,158.54 $613.22 S613.22 Draft Psgc 6 of 12 3~26-3 Financial Summary Proposal Number: 3726-3 Delmy Beach Police Department 300 W Atlantic Ave Delmy, FL DeL, ay Beach Police Delamtmem 300 W Atlantic Ave Delray, FL 33444 $435.36 $161.81 $107.87 $80.91 $0.00 Labor Warra~ Projec~ Mana~emem Training System Total $3,593.76 To~ S~m~ ~ Sy~ P~ ~or ~ces $8,998.75 Sy~ T~ $12,592.51 Sy~ Di~ -$377.56 To~ Draft Png~ 10 of 12 3726-3 3rd Party Contractors Company: Gatesysterns Unlimited, Inc. Type of Work: Gate Cost: $8,998.75 Draft Draf Pase 12 of 12 3726-3 ACE.D^ITEM.U.BER: AGENDA REQUEST Date: February 6, 2004 Request to be placed on: X Consent Agenda Special Agenda Workshop Agenda When: February 17, 2004 Description of agenda item: This request is for City Commission approval of the security upgrade to the rear area of the Police Department. The cost of the upgrade will be $44,188.00, and funded through the use of the Annual Block Grant and the Department's F/Y 2003-04 Operating Budget, funding is in the Administrative Services budget. The upgrade will consist of the following, four electrical operated gate, the addition of eight cameras to be located in the rear parking area and on the east side of the building, rekey the entire building, an elevator disabling system and a beam wire system on the fence that currently surrounds the rear of the Police Department. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO X Recommendation: Approval Depa,'bltent Head Signature: Determination of Consistency with Comprehensive Plan: N/A City Attomey Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X No Funding altematives (if N/A applicable): Account Number:. 11 $-2128-521-54.90, Project Number, 001-2111-521-64.90, Other Mach/Equipment Account Description: Annual Law Enforcement Block Grant, 2003 City's Operating Budget Account Balance: Unk. City Manager Review: Approved for Agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM g ~:~ ~.~- REGULAR MEETING OF FEBRUARY 17, 2004 APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION COMMITTEE FEBRUARY 13, 2004 At the December 9, 2003 meeting, City Commission approved extending the Implementation Committee through June 2004. Five members (James Anella, Blanc De St. Croix, Cary Glickstein, Sally Gonzalez and Richard McGloin) have resigned creating vacancies for an unexpired term ending June 30, 2004. The following have submitted applications for consideration: Diane Allerdyce Dorothy Beck Digby Bridges Daisy Fulton Sharon Koskoff Albert Moore Norbert Poli Seabron Smith Juliana Steele Richard Tobias Sarah Wilkinson Educator Marketing Manager Architecture Director Artist Pastor Director Director Assistant Director (accounting background) Artist Landscape Architect Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). The Mayor shall appoint a chair person. The appointments are scheduled for City Commission meeting of February 17, 2004. Recommend appointment of five (5) members to the Public Arts Implementation Committee for a term ending June 30, 2004, and appointment of chair person. Mr. Badesch stated there is potential ability to raise money that people would like to see stay in Delray for human services. Mr. Badesch stated Mr. Cohen has suggested developing a concept called "Dollars for Delray" whereby donations would stay in Delray Beach for Delray Beach residents. It was the consensus of the Commission to proceed to work with the United Way. 7oCo Public Arts Needs Assessment - Glen Weiss Glen Weiss, representing the Delray Beach Public Art Implementation Committee, gave a brief overview of the Public Arts Needs Assessment. Sarah Wilkenson, member of the Public Art Implementation Committee, gave a brief overview of the Master Plan. Carolyn Pendelton-Parker, member Public Art Implementation Committee, requested Commission approval for the following six (6) items: To approve the Master Plan process as outlined by the Committee To reauthorize the loan of $15,600 Extend the Implementation Committee through June 2004 Appoint a new Committee Chair Appoint two (2) new Committee members Empower the Implementation Committee to assist the City of Delray Beach with public art projects that may improve the ongoing city constmcfion After brief discussion, it was the consensus of the Commission to approve all six (6) items as recommended by the Public Art Implementation Committee. 7.9. Residential Design Guidelines - Beach Property Owners' Associatio- Cary Glickstein, Trustee of the Beach Property Owners' Association (BPOA), expressed concern over the single family homes in the beach area being torn down and rebuilt in a manner that is generating frustration for many beach area residents. Mr. Glickstein briefly discussed the residential design guidelines. guidelines. Hank Schakowsky, Urban Design Studios, briefly discussed the residential design Mayor Perlman commended the effort of the BPOA. After brief discussion, it was the consensus of the Commission to authorize the Beach Property Owners' Association to move forward with staff support. -3- 12/09/03 01/23/04 PUBLIC ARTS IMP!.F. MENTATION COMMITTEE RESOLUTION NO. 26-03, ADOPTED April 15, 2003 Accomplishment date of October 1~ 2003 TERM EXPIRES NAME & ADDRESS TELEPHONE 06/30/04 Home: Work: 06/30/04 Nancy Davila Home: 496-0220 Appt 05/06/03 2750 Windham Court Work: 243-7226 Delray Beach, FL 33445 Fax: 06/30/04 Home: Work: Fax: 06/30/04 Home: Work: Fax: 06/30/04 Joan Goldberg Home: appt 05/06/03 16712 Sweet Bay Drive Work: Delray Beach, FL 33445 Fax: 06/30/04 Home: Work: Fax: 06/30/04 Carolyn Pendelton-Parker Home: 274-4081 Appt 05/06/03 510 Gardenia Terrace Work: 441-1113 Delray Beach, FL 33444 Fax: 274-72S1 06/30/04 Home: Work: Fax: 06/30/04 Glenn Weiss Home: Appt 05/06/03 2070 Homewood Blvd #416 Work: Delray Beach, FL 33445 Fax: S/City Clerk/Board 04/Public Arts Implementation Committee CITY OF DELRAY BEACH BOARD MEMBER APPLICATION //- n5 -d9/ This ,,ppli~tion wgl ~*;,~ o~ file ~t the CAzy o~zk's Or, cc ~o~ · l~ziod of 2 ye~s f~om ~c dste *~ '~ ,ubrm,tecL It'~ill be t,~ ~plicmCs ,,,:spo,, ~,'~ty u~ cm,~'c d~, · .,~.=~ ap~lie~,~ i~ on 6lc. ~.iTY Curriculum Vitae Diane Allerdyce, Ph.D. 506 SE 3fd Avenue Delray Beach, FL 33483 (561) 266-9099 (561) 573-6321 (cellular) Professional Objectives I am pursuing a career of educational leadership and writing, with emphasis in social action, educational reform, community service/service learning, and poetry therapy. Education Ph.D. in English from the University of Florida (1988) MA in English from Florida Atlantic University (1983) B.A. in English from Florida Atlantic University (1982) Teaching/Administrative Experience Chief Academic Officer: Toussaint L'Ouverture High School for Arts & Social Justice 95 NE 1st Avenue. Delray Beach. FL 33444 (561 ) 243-3136; (561 ) 243-4070 (fax) dallerdyce('~.toussain tlouverture.orq Co-Founder of school and of parent organization: Center for Educat!on, Training, & Holistic Approaches, Inc, (CETHA) 501 ( c ) 3 Corporation founded 1999 Charter High School established 2001 Professor and Administrator: Lynn University 3601 N. Military Trail, Boca Raton, FL 33431 (561) 237-7200 dalterdvceC~lvnn.edu Distance Learning Adjunct Professor 2002-present Professor of Department Chair of English 1996-200;) Honors Program Co-Chair 1996-2002 Associate Professor, Assistant Professor, Instructor 1985-1996 Special Skills and Training Grantwriter; Successful grantwflter and director of Federal. State, and Private Grants. including Florida 13epartrnent of Education, Community Foundation of Palm Beach and Martin Counties, Palm Beach County Cultural Council, and others. Certified Poetry Therapist (CPT): National Association for Poetry Therapy (CPT earned 2000) Diane Allerdyce World of Difference~ Training Specialist for the Anti-Defamation League of Palm Beach County (2000-present) National Endowment for the Humanities Summer Seminar, Cornell University (1993) Community and Organizational Service Founding board member: Vice President of Palm Beach County Alliance of Charter Schools (2001-present) Founding board member: Chairman of The IMAGINE School, West Palm Beach, Florida (2001 -present) Board member: National Association for Poetry Therapy (2000-present) Milagro Center, Delray Beach, FL 33444: paid consultant and volunteer grantwriter/youth leadership director/poet-in-residence (July 1999-April 2000) Unitarian Universalist Fellowship of Boca Raton, Religious Education and Social Action teacher (1997-2001 ) Publications Book: Anais Nin and the Remaking of Self: Gender, Modemism, and Narrative Identity. DeKalb: Northern Itlinois University Press, 1998. Articles in Anais: An International Journal (1995), D_ H. Lawrence Review (1996), Feminist Issues (1994), and a book chapter in Compromise Formations: Current Directions in Psychoanalytic Criticism, ed. Vera Camden (KSU Press, 1989). Essay and play excerpt: ~A Literary Sou/mate"in Anais: A Book of Mirrors, ed. By Paul Herron (Sky Blue Press, 1999). Poems in American Poets & Poetry (2001), Boca Raton News (1998). Candelabrum (2001), Dead or Alive Poets Society (2002), Midwest Poetry Review (2001), SPSM&H (2000), Fresh Water (Pudding House, 2002), Poetic Medicine (John Fox, 1997), Quest (1998. 1999). Featured poet on Unitarian Universalist Poets Cooperative Website: http://www.puddin§house.com/unitarian.htm (November 2002). Reviews in Studies in the Novel. Newsletter of the Freudian Field, South Atlantic Review Conference Presentations: Numerous presentations given 1987-2001 National Association for Poetry Therapy, International Narrative Society, Popular Culture Association, etc. Full list available upon request Awards: Faculty Awards for community service and teaching excellence at Lynn University 1996-2000; Phi Beta Kappa 1988-present; National Endowment for the Humanities 1993. Kenneth R. Williams Award for Scholastic Achievement at FAU, 1983 (valedictorian) Credentials and References Available Upon Request CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 199J ~001 2. Hon~ Addrc.: Nme: This app~_-,_-_ wi~ r,'~-~ on. flJe in risc City C'lex'k's Office for a p~Jod of 2 ~ from the d~e it ~ subrzfit~ed. It ~ be ~e appl~cant*s responst'b~v/m ensu~ t]x~t · o~,,.~t, tppl~:ttlon is on file. RECEIVED AU$ 2.=-~ 2002 CITY CLERK 1993 2001 GITY OF DELRAY BEAGH BOARD MEMBER APPLICATION 2. Last N~me: BRIDGES N~me ~ 1. DIGBY C 36 Sabal Island Drive Ocean Ridge FL 33435 36 Sabal Island Drive Ocean Ridge FL 33435 4. ~ B~ Ad~s: ~ S~ ~ ~ 124 N.E. 5th Avenue Delray Beach FL 33483 5. H~ Phone: B~ Ph~ ~ A~css: ~ Ph~: F~: (561)369-0857 561-278-~ 388 ~~l~.n ~t 371-5149 278-7841 6. ~ you a ze~agd +uiuP lf~,wh=e =e you te~tmd? Ocean Ridge 7. ~at B~d(0 ~e you ~t~ted ~ sm~ Pl~se ~st ~ ~ of~ef~c~ Public Arts Task Team 8. ~t ~ ~ty Bo~ds on ~ch you ~e ~d)' sem%g or ~ve ~s~' s~ed: ~lme hdude &res) S~, ~ a Dip1. ~ons. a NCARB 10. ~t ~y ~ted p, uf¢ssio~ c~fi~s ~d hc~ses wM& you hold: . AIA~ Charter Architect. ~ 1~. G~e y~ pz~s~aL ot most ~c~t ~plo~, ~d ~om Dtobv Brtdo~g. Mar~h ~ A~n~a~_ P a - Presiden~ ,~ IZ ~ ~c~, ,~ ~ ~e~ ~& q~ you m ,~e ~ ~ ~d: ~se am& a ~ef~s~e) I ~ ~n a ~olg~r~ ~ ~chi~ f~ dO ~ar5 ~ ~ ay ~s ~a ~ ~t a ~11~o~ a ~ ~ ~s~ible for %, / - l / on file in the City Clerk% Office fc~ia~q~l:~{fl~ from the date it was submitted. It will be the applicant's tespon.~'bility to ensure that a current application is on file. I//3 /m AUG 2~:/2002 ,o,,~.o,.~.~,.o, CITY CLERK DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. Delray Beach O~ce 124 Northeast 5' Avenue Defray Beach, FL 33483 Palm Beach O~ce BRIDGES, MARSH & CARMO, INC. 18 Via Milner palm Beach, FL 33480 FIRM OVERVIEW The Practice Digby Bridges, Marsh & Associates provides a complete ranEe of services, fxom conceptual and maker l~lnnning dcsigl3 tO 8a--~hite~ttlra] contract management. The firm was founded in 1977 by Digby Bridges with Marsh joining the firm two years later. The design sea'or of the firm ranges from land development to planning, bui]tllng design and interior design, including so/~ thmishi-Es. The faro also is sldlled in the creation of"company images". The principals hnve been ~pons~ole for award winning Ixu3dlngs dmingtheir ca. fa These include multi-stcr~a~-,-~,-~ poticer'~l+~'~ Delray Beach, Ver° Beach nnd West pntm Beach, as well as, the Delray Beach Tennln Centre. In addition they have designed schools, churches, shopping centers, and many luxury ocean front homes. The partners also ~inli?e in'the design ofautomob~e dealerships having designed and completed over ten dealer~h¥s. Bridges and Marsh nlso designed a new golf clubhouse for the City of Delray Beach. n Fire Station for the Town of palm Beach, nnd the headquarters for the Northern Trust Bnnk of Chicago, in Delray B.h-r-~% Jamaica, St. V'mcent ..d Honduras. A unique aspect of the fa~ is ~he use of a QuantiD' Surveyor (Cost Engineer), allowing accurate cost estimating of projects at early stages of projects. Therefore the majority ofthe projects that the practice--dertakes are oW ww Philosophy extensive on site experience, with B~lges holdl-g a Florida 6eneml Contractor' s license. The ~m' s expertise includes threshold as well as on-site inspections for the most complex structures. Attention to ~onstruction methods emures that tight cost control is established at the design stage. This control is continued throughout rig buildi%o process, resulting in a minimum of cost ovorruns. Team Approach The team approach is one of the fundamental belief~ of the principals. When necessary, experts in each field are brought onto the'team The team cons/Sts ofthe client, consulumts to the client, ~ChitecttPhnners,~%.oheers, aCostl~.nglneer ((~nitySurveyor), nature Of the project, and lastly, the contractor. The construction team is supervised by one ofthe f~m's principal architects, who rer~in in constant contact with the client, and follow the project flora the design stage to completion ] ] ] Land Development and Planning Full services from sketch design to final P.U.D. aiapioval are offered. The practice is experienced in environmemalimpact studies and has a high level bfexpertise in obtainln~ approval for ocean and intracoastal propel~ies through the Dept. of Environmental Protection. In addition, commttnity redevelopment studies, land rise plzn% ~nd downtown revitalization studies are areas o fexpertise }IRM OVERVIEW Feasibilily Studies One of the most ~ficant se~ices offered is accurate feasibl~fity studies, a fundamem~ requi~ment for most owner/developers. The principal developmenI experience enable them to produce sketch designs and pro-forma feasibility studies for projects of all as well as for negotiations with len~n~ insti'%tions. Project Criteria, Budgeting and Programming construct a study schedule, aRer selecting the best site. Space r _equirements for the client's needs as well as a cost budget are the .bm']d~n~ while considering the projected life span of the structure. This service is ;,-., ortant, as it is the crlieria for which the Inter-Professional Coordination Pxhuary emphasis is placed on the practical aspect of how the building "fits together" together With the ;,, ~ ,lementation of concise design methods. The visual appearance of projects is a priority. Services offered span the'spec tn lin of building de~?. from single- family homes to large industrial complexes as well as athletic and governmental lhcilities. Architectural Services Projects require input fromnumerous professio-.~% requir~ team jeadersh'.m as well as learn msns~oement sidll~, The practice hag an Outs~naln8 r~putation in this area. Skilled professional team management saves the owner/developer considexabl¢ time and ] ] ] ] ] ] ] 1 ] Computer-Aided Design Services Interior Design Construction Inspections Digby Bridges, Marsh & Associates, has integrated CAD into office operations for all projects provkllnE the client with an accurate, but also malleable set of drawings. They have chosen the popular AutoCAD program. ~nd have extensively added to the base program The fi,m cout~o-Ily endeavors to slay "ahead of the curve" where emerging technology and architecture are concerned, and have gathered a team that is fully capable of tacklln~ even the largest projects with 100°4 CAD produced drawings. ..This enables the finn to provide the client with an accurate a.t.hase for use in facilities msn~gement. I( also enables the production of three dimensional drawln~. The interior design section of the practice works closely with the architectural section.in the initial stages ofprogr~,~-~i-?, and desism; paying close attention to space requirements and layouts. The of the interior are addressed, ran~ng from color and material selectiong, tO' the furniture and equipment hyout. As a result there is an efficient foundation for a comprehensive interior design, This is a vital segmen~ of the pratt/ce. The practical experience of the principals enables them to deal with contractors and subcoulxactors, ensuring that the finished product meets the specifications of the des/g~ 'Architectural Construction Management Construction management is a key to the success of any project, regardless of scope. In large projects, a full time Construction Manager is on-site, allowing high standards of construction as well as cost conU'ol throughout the bnHalng process. ] Budget Costing and Bills of Quantities The Quantity Surveyor is one of the principals, ensuring an accurate'budget costing in the ~ stages of the project. This produces a Bill of Quantifies enabling the client to arrive at an accurate final cost estir~te and provkllng detailed checldng of various sub-contract bids. T'~ht analysis based on strong practical .building backgrounds enables owners to achieve earlier occupancy ' while cutting budgets. Insurance The practice carries one million dollars for errors and Omi.~sions insurance cove~iiig both the preparation ofcouhact documents and 1 J ] ] ] ] DIGBY CARSWELL BRIDGES A~I.A, RH.B.A., FRSH, NCARB Certified Licensed Florida General Contractor EDUCATION The Architectural Association, London 1956 - 1961, AA Diploma with Honours EXPERIF~NCE Digby Bridges is a registered architect in the Sta~ of Florla~ New York, North Carol~ and the United ]~inEdom. Bridges was educated at fl~e Arc~ Association in London, where he graduated withHonours. His preporatory education was at Hilton College, South Africa. Prior to formi%o the Bridges Farrow Parme~h'.m of London, he Worked for the Oreater London Council in the Architects and Planning Department on high and low-rise housing projects, as well as hotels.' During his tenure with George Wi .mpey Construction Co, Ltd., he worked on pi~nnlng large housing developments. Representative projects carried out by Bridges Farrow Pamm~hip include: Luxury Homes in Spain Vacation Apa~tuznts in Jamaica Geodesic domeinLondon for PaulMcCartney Bridges ha~ designed ~na built his personal homes in Florida, and w~merous other homes for developers. WhenBridgeswas employed by B~k~, A,-.~..,~ and Whimey. F~rid~ he de.'?ed two hi,h-rise COndOmlr. h~m-~-, a racquet ball club, a number of luxury homes, as well as vnmerous land development project. ] ] ] ] ] ] ] EXPERIENCE co.tinued Digby Bridges is a member of the American In~tlt~e of Architects, the Royal Institute of British Architects, the Architectural Association of London, and is certified by the National Council of Architectural Registration Boards in the United States. In addition, Bridges holds a Florida General Conlractors'license and has constructed over sixly residences in thi.~ state. Digby Bridges is past Chairman of the pbnnln~ and Zoning Board and former Cl~irman of the Comm~mity Appearance Board of the City of Delray Beach. In addition he is past President of the American Institute of Architects, palm Beach Chapter, as well as, a former D/rector of the Florida State American Institute of Architects. Presently he is Co- ~,.~-~s~ner of the Town of Ocean Ridge having previously served as the town's Mayor. j PROJECT LIST DIGBY BRIDGES~ MARSH & ASSOCIATES, P.A. PROJECT TYPE Delray Beach Police Law Facility ~nforcement Vero Beach Police Law Facflity Enforcement West pMm Beach L~w Police Facility Enforcement Delray Beach, Florida Veto Beach, Florida West palm Beach,Fl Town of Mzr~k~m Fire Markhsm, Station No. 2 Protection C~_.~a~ Town of Pslm Beach Fire South Fire Station Protection ?ahnBeach, J.C. Nrltchell School Education Boca Raton, Florida PUBLIC ADMINISTRATION City of Delray Beach Cityof Vero Beach C~of West Palm Town of Town of palm Beach Palm Beach County School Board Deh~y Beach Municip~ Deb-ay Beach, C~ of City Hall Flolida Delray Beach Veto Beach Municipal Veto Beach, City of Veto City Haft Florida Beach $3,800,000 $2,500,000 $15,200,000 $1,300,000 Sl,500,000 $2,000,000 $800,000 ] ] J ] ] ] ] ] PUBLIC RECREATION ~ Recreal~_.~onal ])eh'ay Beach, City of $835,000 Florida Dekay Beach Baseball, Soccer Fields, and Concession Stands Currie ~m Bas~bail, Soccer Fields, Child~ns Phyground, ~na Concession Stand Recreational Delray Beach, City of $835,000 Florida Delray Beach To'mis Stadium. Courts, Maintenance Bldg. and Clubhouse Recreatio~ Delray Beach, City of $3,400,000 Florida Delray Beach Deiray Beach ~off Re~fional Delray Beach, City of $3,400,000 Clubhouse Florida Delray Beach OFFICE/COMMERCIAL · C.,:c~heam Building Pineland ph~n Northern Trust Bank Blue Anchor Pub E~li~h Pub Delray Beach, Florida Boymon Beach, Fl Palm ]~ach Gardens, Fl Delray Beach, Florida Delray Beach, Florida Richard MacCracken Kin Rom of Florida John Bills Northern Trust Bank Roy Foster $670,000 $1,300,000 $650,0O0 $1,500,000 $80,000 AUTOMOBILE DEALERSHIPS Sherwood Honda F.A Morse SaIm-n Ed Morse Toyota FA Morse Buick Morse C9_ dfllnc Borton Volvo Delray Beach Motors Wallace Nissan AutomolKle Delray Beach, Sherwood $1,700,000 Deal~h'.,p Florida Sheehan Automobile Delray Beach, Ed Morse $2,500,000 Automobile DeL, ay Beach, Ed Morse $900,000 Deal~'~h'? Florida Autor~b~le Delmy Beach, Ed Morse $2,700,000 Auto.mobile Delray Beach, Ed Morse $400,000 Dea!~h'.m Florida Automobile Delray Beach, Ir.jell tkngh $2,100,000 Automol~ Delray Beach, W'dliam $1,700,000 Dcalcr~V;.m P]orkla Cbsmherlain Atttomobl~e Deb'ay Beach, Willinm $2,200,000 ~i? Florida Wnllace Automob~e IVllnml. Robert $8,000,000 Dealership Florida Bemstein PRIVATE PRIVATE RECREATIONAL Gulf Stream Bath & Tennis GulfStream C,-olf Club Briny Breezes Recreation Clubhouse Recreation Gulf Stream; Board of Florida Directors Recreation Cmlf Stream; Board of Florida Directors Townof Briny Breezes, FL Town Board $2,500,000 $650,000 $920,000 PRIVATE SCHOOLS Seacrest School $620,000 pRIVATE MEDICAL Hospital Medical Boynton Beach, Bethesda Florida Hospital $100,000 APARTMENT BUILDINGS Californlal The Aegean Luxury Residential Boca Raton, Michael Apa,~ Low Rise Florida Stasinos $8,000,000 $1,7O0,O00 PRIVA TE RESIDENTIAL CUSTOM HOMES Ocean Ridge, Florida. Boca Raton, Florida Gulf Stream, Florida Hobe Sound, Hobe Sound, Florida Palm Be~ch, Florida p~n Be~h, Flodda P~m Be~h, Florida P~Un BeacU, Fl~da Palm Beach, Florkla Palm Beach, Florida Palm Beach, Flodda OWNER Mr. & Mrs. Thomas Bran~sc~io Mr. & Mrs. loseph Baczko Mr. & Mrs. Jo~ M~w ~. ~ Y~ ~. ~n V~ Wo~ ~. & ~, Fr~ ~ ~. & ~. Io~ ~ge ~. & ~. K~n~ H~ ~. & ~. ~ ~0~ ~. & ~. A~h~ UM~ ~. l~n ~o~ Jan, 90 04 10:54a 1993 .2OO1 E P O C CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Plc~sc tTpc or print the foUow~g Ln~ormadoa: 1. LastN~'nc: ~ __ NL 2. Home Address: Citv~ 3 3 5/'y~5 - 3. Legal Residence: State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mall Address: Cell Phone: Fax: 6. Are you, rcgSstc,cd voter}/t~' If so, where are you registered,~/,,.,~,,.,/,j~(,~ 7. LVha~ Board(s) arc you interested in serving? Please lls~ in order or'preference: .... . 8.. list ,11Ci3T l~o~ds on which you are ~unc~tly serving or have pre~ously ~er~ed: 10. ~st ~y rel~ed professidn~ ce~caaons ~d ~cense~ wNch you hold: I. ~ive your p~esenh or most recur employer, ~d .~idon: I hereby c~' ~at ~ ~c a~vc s~t~cn~ ~c ~ ~d I ~cc ~d ~ders~d ~at ~y ~ss~tcment ofmate~ facu con.ed h ~s a~cafio~ may cause foffd~e upon my p~ of ~y ap~e~ 1 may ~eive. ' SI~NA~ DA~ Pt remain on file in thc City Clerk's Office for a period of 2 ycaxs from thc date it was submitted. It will be the applicant's responsibility to ensure tl~l~l~5~t}~l~[~on is on ~e ,lAN 3.0 2004 CITY CLERK CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 1. ~;t Namc 4,. px~c~pal Business Address: 5. Hom~ Phone: Business ~hon~ ~t Bo~ C~ Sm~ Zip Cod= Ci~7 S=te Zip Cod~ you i~tcrcs~ed in serving~ Pk~sc ~ in o~d~' o f l~fet'e~ce: 8. List ~ll City Bo=ds on which you ar~ cun~dy se~in~ ox hav~ l~eVi~UStj, served: (Please ~ndude (hce~) Sharon Kosko 3R5 S.W. 29t~ Avenue Delray Be~ch, FL 33445 Phone & Fox 561 ~R76-9995 shar°nk@adelphia.net SHARON KOSKOFF 325 SW 29TM Avenue Delray Beach, Florida 33~,~,5 Phone & Fax (561) 276-9925 To Whom It May Concem: I hereby submit my application to the Public Arts Implementation Committee of Delray Beach. I attended meetings for the Public Art Task Force Committee and helped to write the recommended Ordinance that resulted from those mcctings. Delray Beach has been my home for seventeen years. I have been active in public art from designing the Odginal Art & Jazz poster, to eight Community Mural Projects, to the First Night Puppet Sculptures to the most recent Toussaint L'Overture Flower Festival. (See Attached Bio.) I have worked closely with Marjorie Ferrer on many projects. I have served as a sculpture judge for the Delray Affair for the past ten years and I am currently teaching art classes to youth at Old School Square. I am president of the historic preservation organization, the Art Deco Society of the Palm Beaches and recently led a highly successful walking tour on the first day of Spring, entitled Deco in Delray. I am one of seven chosen artists to work with Rick Lowe on Pineapple Grove's Cultural Loop Project initiated by Glenn Weiss and managed by Lod Duranta. I have been matched with Old School Square and will Create the Open Door Project. Community participants will paint and collage their personal histories and ideas on dozens of donated ~open doors" that will be displayed on the four comers of the Cultural Loop in November! Please consider my application for the Public Arts Implementation Committee of Delray Beach. SHARON KOSKOFF 325 SW 29TM Avenue Delray Beach, Florida 33445 Phone & Fax (561) 276-9925 On Site - Cell Phone (561) 702-0238 Email - sharonk@adelphia.net heron Koskoff is a full time professional artist kn°wn for her Decometric murals, giant puppets, environmental designs, children's programming and love of architecture. As a fine arts major of sculpture and photography, she received a cum laude Bachelor of Arts degree from Brooklyn College, and a second degree from the New York School of Interior Design. Koskoff taught at the Armory Art Center for the past f"dteen years and is currently teaching at Old School Square. She is also well known as a lecturer on the architecture and stylings of Twentieth Century design. Koskoff is the founding president of the historic preservation organization Art Deco Society of the Palm Beaches, and a past vice president of the Artists' Guild of the Norton Museum. Koskoff enjoys working on both public and private commissions while designing needlepoint for her own company, New York Needlecraff! Sharon Koskoff has received eight consecutive grants from the Palm Beach County' Cultural Council for the Neighborhood in Artist Residency Program (NARP). This programs funds group art projects in multicultural areas. The results of these efforts have been the public murals in Delray Beach entitled the community mural projects. Koskoff has also painted over seventy murals in nineteen public schools throughout Palm Beech County. For New Years Eve Celebration "First Night' 2002 and 2003, Koskoff worked with ten community school/organizations, each creating a fourteen-foot tall giant puppet for the People's Procession in Delray Beach. In 2000, Koskoff appeared on the nationally televised Home & Garden network program Modem Masters. The Coney Island themed mural environment she designed in a nine- seat 'home theatre" in Admiral's Cove, Jupiter was the focus for the Sunday evening show. She receives continuous, coverage of her latest projects and has been repeatedly represented on the cover of every major publication known to South Florida. Koskoff has taught art classes and workshops in many educational facilities as the Norton Museum of Art, the Boca Museum of Art, the Edna Hibel museum, PBCC, PBICA, Art Institute of Fort Lauderdale, Lynn University, and public libraries, etc. Sharon and her family moved from Brooklyn, New York to Delray Beach, Florida 17 years ago, Her father, Rubin Koskoff, works as her assistant. Sharon Koskoff PUBliC COMMISSIONS American Heart Association - Signature Artist, Wellington ARC - 4 Murals - WPB Armory Art Center - 'Artists BalF 5 Years - WPB tN1 & J~ on the Avenue - Poster, Delrey Beach Artigras - 2 Murals - Jupiter ~%tlantic Community High School -2 Murals - Delray Beach Belvedere Elementary School - 7 Murals - WPB Boca Raton Elementary School - 2 Murals - Boca Raton C.W. Gerstenberg Hospice - Children's Bereavement Mural - WPB Carver Middle School - 2 Murals - Delray Beach Cezanne J~7:, Club at Sheraton Hotel - Mural - WPB City of Aventura - 3 Murals - Founders Day Festival - Aventura Coffee Gallery Caf~ - 3 Murals Lake Worth / 4 Murals - Stuart Conn0r Moran Children's Cancer Foundation - Murals - WPB Del Prado Elementary School - Cafeteria Murals - Boca Raton Delray Beach Flower Festival - Millennium Project - 2000 - 15,000 Flowers Delrey Beach Flower Festival -Toussaint L'Overture H. S. 2003 - 15,000 Flowers Delray Beach Multicultural Festival - Mural - 2002- Delray Beach Delray Full Service Center (Old Carver Middle) - Murals - Delrey Beach Eagles Landing Middle School - 7 Murals - Boca Raton Environmental Resources Management Of Palm Beach County - Murals - WPB First Night 2002 and 2003 - 10 Puppets on Wheels - Delray Beach Galilee Retirement Village - 7 Murals - North Palm Beach Good Samaritan Hospital Kids ER Lobby - WPB HRS Lobby & HRS Pediatric AIDS - Riviera Beach JCC - Theatre Production Mural and 6 Sculptures - WPB Jefferson Davis Middle School - Murals - WPB Loggers Run Middle School - 4 Murals - Boca Raton Love's Drug Building - 1 ~ Community Mural Project -Delray Beach March of Dimes - 8 Murals Panels -WPB Mado's Market - Exterior Murals - Delray Beach Morikami Park Elementary School - Murals - Delrey Beach Norton Museum of Art - 2 Murals on Canvas, 2 Wood Cutouts - WPB Northmore Elementary School - 2 Murals and 1 Collage Mural - WPB Odyssey Middle School- 10 Murals - Boynton Beach ~Dffice Depot Corporate Headquarters - Murals - Delray Beach Palm Beach County Millenium Council - 3-D Mural Collage - Time Capsule' Travel Exhibit Palm Beach Gardens Hospital - 10 Murals - Palm Beach Gardens Palm Beach International Airport - 2 Murals - B & C Terminals - WPB Palm Beach Public School - 2 Murals - Palm Beach Palm Beach Zoo at Dreher Park - 4 Murals - WPB Palm Springs Elementary School - 2 Murals - Palm Springs Palmetto Elementary School - Murals - WPB Parker's IC~tchen Building - 2 Murals - Delray Beach Pine Grove School of the Arts - 15 Murals & 5 Metal Sculptures - Delray Beach Post Card Murals Sent to the US Troops In Saudi Arabia Sharon Koskoff PUBLIC COMMISSIONS ¢CONTINUED~ Quest Theatre - Theatre Design and Murals - WPB Ranger Construction Corporate Office - 3-D Mural Collage - WPB Robert Montgomery's Home Safe Project - 3 Murals - Lake Worth Royce Hotel ' Murals- Fort Lauderdale mD Spedy Elementary School - 11 Murals - Delray Beach ~olid Waste Authority PB County - 'Do the Right Thing' Campaign South FlOrida Science Museum -2 Murals - WPB St. Mary's Hospital - Murals - WPB Sugar Sand Science Playground - 4 Murals - Boca Raton Sunfest Banner Project - 3 Years - WPB Sunrise Park Elementary School -3 Murals - Boca Raton United Way Day Care - 5 Murals - Pembroke Pines Washington Elementary School - Murals and Gardens - Riviera Beach West Palm Beach Centennial - Murals - West Palm Beach West Palm Beach Children's Museum - Mural - VVPB Whispering Pines Elementary School - 12 Wood Cut outs - Boca Raton 3oca Raton Nex tar / Issue 14 THE LEADER IN LOCAL NEWS Nt'VV NIGI Iray's Fast Night celebration has a different look this year DECO ¥1SlON .J .S~.a~on Koesk~ pos~s w~h her pai~ing ~f De,ray's Boyd B~lding. ~h~ work is o~ d i~a¥ at Cason ~'l~ad t~ the ~er. Sl~a~l~ [(os~off is ~w, ~ ff y~ ~ t ~ow ' ~ ~ ~ ~ ~ ~ ~ement~ zw~n~. You ~ t '~' ~e ~'h~ I~ for a hid- ~ a ~e~ ~ ~ ~ gent ~hll~t~ ~y~ of ~ ~en's ~ old ~ ~ ~ b~ a new one. ~y ~ ~ Ad~ M~er. ~ ~ ~ ~fl~ ~ ~ ~ LOCAL EWS iARTIsT AT WORK ~ ~ '~"~Y~"~"~' DELRAY BEACH - Sharon KOskoff fills in ~eta# for ' palntin8 on the old~em~.-~-.,,~ the mural she and other volunteers have been Secon~ -- . :.. ~e~_.~ mw b-~re on Northeast ~venue. Ine ll~ree panels are nearly done. Mural has Delray dancing in streets PIn~'~ (lefl). 39, and MaryOw~_ s,~5, botho~ DelmyBeach, dotheElecelc~ide wffhabou 20o~her Peo~e o~ ,~u~vest Eighth Avaeae in De,ray Beac~ during Ihe Mural Madness ~tm~ Dance o~ Sum~y. Party celebrates W. Atlantic artwork his ~'s famGy. Dv~Jhe ~ hc's K~ the cJ~ chmge, ~ ~ · ~t. it's ~ ~ ~e W. A~k l~, ~ ~ K~~m~ pay p~n. -- "d~g d~e, .--~A~.~--~ ~r ~y~"Y~m "Wehad;o fight mgetltap- I[~... The ~ty didn't want m ~o Deb.ay ~e~a. The board re~n'md flnue W~t Atlantic Avenue · ~ .... . ~~.~ Ma~ Ow~s, 25, of De]my pru~.n~s. :~ sa~d she'd I~e m IL 22, !696 Mural, mural On the wall? Delmy Beach m~ral artist Sharon Koskoff, along with some helpful volunteer, put tl~ finL.ehing ~es on a mural ,The mural themecl, parent, teacher and student involvement in the Montessori Method Above: Koskoff (left) and Sue Brainard,(rlght) mural last Thursday. Right: Daniel Fe~edo, 8, earefUt~ lends a finish painting on the side of the Whe!l ~ commL~k~ned dramatic I'o~ the Palm Beach lt~ternati°n~l ~Sharon was to images Airlx~, ~ g~al was to pottra¥ the essence ~.H the Palm Beaches. Her first m~rdl, an um:leneatef coral n.~:f (above). is located r~r the Io~nge on Concourse B. After d~etching an initial design. Kt~ekt'~l' to work using 45 hand-mixed colon. "~(xne murals have as few as eigl~t colo~ but l kne~* thu one had srectacular,' she R~r thc other, located on (~.w~cour~ C, J~oskoff d~w her inspiratjc~l from the thousancl~ cd' patron.~ who pass through the airport each da.~. '*1 tried to inuq[[ine where they'd be il'they wems~'t nt the airlx~? With a str~e her L'~sh, Ko~koff transports wear~' travelers fi~m the busx., airport to more serene sumxmdinRs -- aboard sail Ixrats on ttc~ical se~s. "For that m~zral, I used a lot ~ blu,~ and grays, talcing advantage' cd' the :,~thing effects of thr c~l~," Kos~o~explains. The airport L'~ n~l Ihe onh/locale to disph¥ this Pclray Beach mural anm's v,x~. You can c~ch a glimpse of the tr~'~cal rain fo~ she paimed on an exterio~ s~ll of Palm Bt'ach Eiemenrar~. School on (~ounty R~d in Palm Beach t~' the Oriental mural at ~rvet Middle School on Barwiclc Road in l~elray Beach. Other wofics, c~mipleted as a pan cd' d~ countyg Neighborhood Anist.~ in Resideney Program, grace the exterit~, ~f Parker's Kitchen at 700 ~. Atlantic Ave., and Old Carver Middle School at 301 S.W. 14 AYe., Delra¥ Beach. K¢~sktd'f is also an itn4n,ctor n! the Armory At~ Center, a participant in Project Le~ (a program designed to help teachers inc'c,~x~rate an into their cunicula) and the president of the Att Deco Socie~' of the Palm Ko~k~'f ~:u a bit of a thrill ~ch time she sees her wod:. "h's really an htme,~' to have two murals in an imer- Itatio~'d airlx~n, h feels really good.' And the murals make travelen feel L'oed, giving them a las(lng impression of the Palm I~eache~. - Keeey BEACH ILLUSTRATED o~ DELRAY BEACH 1993 2001 C.. tT'Y CcE. a.g.L~ ~g'Ft ~-. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~le~se ~ or p~Lnt ~e £oHowin~ in£om~don: 2. Home Address: City State 3. ~ Re~dence: - O~ /' S~te ~p ~e 4. P~dp~ Business Address: O~ / 3~ ~p ~e 5. Home Phone: Business Phone: BM~ Ad'ess: t ~ Phone: F~: 6. Are you a re~stered voter? ~$ If so, where arc you re, stored? 7. ~at Board(s) ,,e you intuited: ~ Berg? Please ~t ~ order ofpref~c~ 10. ~st my related pmfessionfl ceffificadons md ~censes w~ch you hol& 11. Give you~ psesen~ ot most ~ecent ~plo~e~, ~d ~si~om 12. Des~be ~fienc~, s~* or ~e~ w~ch ~ you m I h~by cc~0 ~t ~ ~e a~vc smtcmcn~ ~c ~c, md I ~ ~d con~ ~ ~s app~cafiOn may cause foffd~e u~n my pm of~y ap~t I ~y r~e. Note: This application will remain on file in the City aerk's Office for i~ltfa-/~, lafllff~laq-fFom the date it was submitted. It will be the applicant's responsibility to ensure that 'a 'ca~rr~-'a~p]i~'6'~ is on file. JAN 3fl 20Ot~ CiTY CLERK i 993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2. Home Addn:s~ [.7 %t~A/~T/~./~ ~)~. City ~~ S~t~ ~ · 4. ~dDfl Bu~s Address: ~ _.. 5. Home Phone: Bu~css Phone: E-~ ~d&css: ~ Phone: F~: 6. ~e you a ze~s~ed voter? ~ If so, ~ere ~ you ! 7. ~t Bo~d(s) ~re you ~t~ted ~ s~? Ple~e ~t ~ o~ of~ef~ 8; ~st ~ ~q' B'o~ds 0n w~ch ~u ~ ~, s~ or have p~ou~ s~: ~se ~dMe ~es) i0~ Ust ~y ~t~ pmfessiOnfl cemficafions md ~ceases w~ch yOu hold: M~ ~ ~ ~'~ 11. G~c your pge~enh or most rCc~t ~plOy~, ~d ~si~on: ' ~ed ~ ~ app~don~y ~U~e f~d~ ~n my p~ of ~y ~mt I ~y ~e. SlG~A~j~ re: pplication will remain on fie in the City Clerk,s Office £or a period of 2 years f~om the date it was submitted. It will be the applicant's responsibility to ensure that a current ~pplication is on file. 12:50 FR01~-561-265-8806 561£650806 T-Bg4 P~2/~5 B-7~8 ,i!!~ CI~OF DEL~Y BEACH ~ ~ · OA~D MEM.ER AppLICATIoN` /? ~ ,, N~m¢ l~. I. ~mi rh Seabrou 2. Home Address: 7.5~0 Arisen Gr. ke Worth FL 33467 ...... 1510 Anson ~. L~k~ ~orch .FL 33~67 4. P~dpflBu,i~essAd~ess: T.'E.D. Center· 33 SE l~t Avenue~ ste. !02. Delray Beach FL 33444 5, Home Phone: ' Bu~ncss ~one: ~-~ Ad~s; ~ Phone: F~: X20'2' 5{1-968-7205 561-265-3790 Sea~'on'10a~'l'.com' 361-573.1202 561-265-0801 6. · ~e you, rc~s,ered x'O~z? ' If so, ~he~ ~ you ~t~cd? 7. ~zt Bo~(s) a~ 3ou ~te~cs~d ~ 3~? PI~ ~t ~'~ American Dlabete~ A~soci'ati~on 8. ~t'~ Ci~' Boa~ds: ~ ~ch you ~ ~.~dy se~g or hsve.p~ously s~ed: ~1~ ~de Sas Attached . Albany State Coil~fie~ Albany~ GA - Bachelor Business Administration · Plor~a, Cpmmunity College: Jacksonville, FL '~ssociat~s of Arts I0. ~st ~y r~te~ profe~flo~ ~mfi~ons ~d 5cen*~ ~M~ you hol& ~. Give ~ ~es~ or most rec~z empl~er, ~d po~g0m Th~ Cm~te9 for Te. chgolofiv~ En'terprise & Development, .Inc.'Executive 12. D-~ ~en~, s~s ~ ~o~ ~ ~ you ,o See A~achea '. ~IGNA~ ~ubmitted. It will be ~e appl~csnt's'xesponsibllivy ppacaaon ~s e,n file. JAN 3 0 2004 CITY CLERK · 01-3B-'~4 12:51 FR0[%561-265-~806 5612659806 T-084 PB3/B5 U-705 SEABRON A. SMITH 7510 ANSON COURT LAKE WORTH, FLORII)A 33467 (561) 968-7205 Email: seabronl~aoLcom SUMMARY A Professional with a history of creating and maintaining successful linkage between the private and public sectors. Demonstrated strengths in Program Development and Business Management, involving the provision of services to thousands of displaced professionals and non-professionals that requires complex business sta~-up procedures that will promote job creation, which will result in economic development, growth and COmmunity revitalization. Demonstrated strong intergovernmental and interorganizational relations with expertise in researda and development of s~ategies to achieve organizational goals. HIGHLIGHTS OF QUALIFICATIONS Experienced in program development and project management; Resourceful in solving problems and maximizing resources~ Skilled in relating to the public with professionalisan and sensitivity. Excellent written, .verbal, and computer skills. Talent for balancing long-range vision with attention to details. Able to set and achieve goals, and manage multiple tasks simultaneously. PROFESSIONAL EXPERIENCE Center for Technology, Enterprise & Development, Inc., Delray Beach, FL Executive Director Private Industry Council, West Palm Beach, FL Service Center Manager 1994 - 1996 Lake Davis Apartment, Orlando, Florida Manager/Leasing Agent Adelphia Cable, West Palm Beach, FL Sales Supervisor Pen3' Cable TV, Palm Beach Gardens, Florida Marketing/Sales Supervisor 1987-1991 1984- 1987 1981 -1983 1997-Present 1991-1997 ~1-30-'f~4 12:51 FI~-561-265-8806 56126508~6 T-~84 P04/85 U-708 Seabron A. Smith Biography Seabron A. Smith, Executive Director of the Center for Technology, Enterprise, and Development, fondly known as the TED Center, is the youngest of 8 children and a native of North Florida. He's a graduate of Albany S~ate College, Albany Georgia with a Bachelor of Business Administration with emphases in Business Management. Seabron was employed 6 years with the Palm Be_~h County Private Industry Council as Service Center Manager, specialiTing in job training and employment selwices. After the unfortunate death of Sam McGhee, the founder of the TED ~2enter, Seabron was hired as Director and given the task of continuing Mr. McGhee's vision, which was to provide Affordable Housing and Small Business assistance services to residents of Palm Beach County. Seabron has done just that. Since his employment with the TED Center, he has exceeded all of the specific goals set for him by the Organization, and also his personal goals of developing new programs and Projects to meet the uee~ of the entire community. HoWever, one challenge still remains outstanding and that is to implement a pJan to build a facility large enough to expand our services to the neighboring ceanmunities. Those plans include the construction of a 1,200 sq. ft "Economic Development Center" that will house the TED Center's Operation, provid~ affordable lease ~ace for start-up businesses, and a state of the art Technology Center that will be available for use by unskilled individuals. Those plans also include the creation of a youth graphics company that will produce graphic designs (websites, brochures, newsletters), for our member companies and local businesses. Seabron has extensive involvement with communities and organizations throughout Palm Beach County. He's a member of several boards, including The Business Loan Fund of the Palm Beaches and the Palm Beach County's Overall Economic Development Program. 81-38-'94 12:52 Elint-561-265-8886 5612658886 T-884 P05/05 U-788 SEABRON A. SMITH PAGE n EDUCATION Bachelor Busine$~ Administration, Albany State College, Albany, GA Associates Of Arts, Florida Community College, Jacksonville, FL PROFESSIONAL MEMBERSHIPS Chamber Of Commerce/Boca Raton, Delray Beach, Boynton Beach Delray Merchant Assoc/ation Housing Partnership, Inc. Small Business Incubator Steering Committee (Palm Beach County) The Business Loan Fund of the Palm Beaches, Inc. (Board of Directors) National Business Incubator Associat/on (NBLaJMember) Florida Business Incubator Association (FIBIA/Stecring Committee Member) Northwest~Southwest Community Plan Management team Overall Economic Development Program Member of the National Register's Who's Who in Executives and Professionals BOARD MEMBER APPLICATION 1993 2001 in~orm~ gon: N~me M. L 4. P~dpfl Bus.ess Address: ~ ~ S~te ~p ~e 5. Home Phone: Bu~ess Phone: ~ Ad&ess: ~ Phone: F~: 6. ~e ~u a re~steted vote? 7. ~at'B~d(s) ~e you ~r~ted m se~? 'W ~ds on wN~ you ~e ~ ~g or have p~ ' · es) ' 8. ~t ~ Ci 9~ ~fio~ qu~fi~fiom: -~ I d~fe ' 'tiff d~ w~yo h Id 11. Give yo~ v,e~.~ or most iec=a ~ploy~, ~n~ed ~ ~ ~ppgmfion may mine f~ ~n my pm of my sp~t I may ~ve. DA~ q )ffice for a pexiod of 2 years from the date it was submitted, It will be the applicant's responsibility m ensure that a current application is on file. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION , Please type or print the £ollo~ infonmdom 2. Home Address: . -- 3. Legal Residence: City State Zip Code 4. Prindpal Business Address: City State Zip Code 5. Home Phone: Business Phone: ' -E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? If so, where are you registered? 7. What Board(s) *re you interested in serving? Please list in order of preference: 8. List all Git), Boards on which you ~r¢ currently serving or ha~e previously served: (plc~ase include dates) 9, Educasiona] qualifications: 10. List any related professional certifications and licenses which yom hold: 1 I. Give your'present, or most recent employer, and position: 12. Describe expenences, skills or knowledge which qualify you m serve on this board: (Please attach a brief resume) I h¢,'~.b! ce. rfi~.~_,~t ~ the above statements ?e true, and I agree and understand that any misstatement of material facts This application will remain on file in the City Clerk's Officet~ll~.iig~gfl~l'~ju-s fi'om the date it was submitted It will ' ' '" '-- ....... · be the applicant s responsthility to ensure fl~'firrent applicauon is on file. JAN 2 3 2001 CITY CLERK RICHARD TOBIAS 59 Franklin Street New York, NY 10013 Tel 212/431-4223 Fax 212/966-7226 October 1997 1952 1970-72 1973-75 1975 Bom NewYork, NY Palm Beach Junior College, Lake Worth, FL The Whitney Museum of AmeriCan Art, Independent Smdy Pmgrara. New York, NY BFMPainting, Pratt Institute, Brooklyn, NY AWARDS 1987 1986 National Endowment for the Arts The Pollock-Krasner Foundation, Inc. ONE-PERSON EXHIBITIONS 1991· "Selected Paintings, 1983-91," Brooke Alexander, New York, NY 1987 Brooke Alexander, New York, NY 1986 Brooke Alexander, New York, NY 1984 Brooke Alexander, .New York, NY GROUP EXHIBITIONS 1997 "Florida Artists: Series 3," Uribe Brown Fine Art, Delray Beach, FL 1995 "The Avocet Portfolio," Kenfler International Drawing Space, Brooklyn, NY "On The Wall," TIAA-CREF, New York, NY (curated by Art Advisory Service, The Museum of Modem Art) 1992 "Visiting Artists: 10th Anniversary Exhibition," Ewing Gallery, The University of Tennessee, Knoxville 1991 "Geometric Perspectives," Pfizer, Inc., New York, NY (curated by Art Advisory Service, MOMA) 1989 ...... Geometric Abstracuon: The Private S~de, RealArt, New York, NY 1988 "Columnar," The Hudson River Museum, Yonkers, NY "Logical Foundations," Art Advisory Service, MOMA, New York, NY "Visiting Artists," Ewing Gallery, The University of Tennessee, Knoxville 1987 . "Abstract Painting," Asher Faure Gallery, Los Angeles, CA "Art Against AIDS," Brooke Alexander, New York, NY "Art For Your Collection," Rhode Island School of Design, Providence Generanons of Geometry, The Wh~mey Museum of Amertcan Art, The Equitable Center, New York, NY 1986 "Art On Paper," Weatherspoon Art Gallery, The University of North Carolina, Greensboro Baldessan, Goodman, Nechvatal and ToMas, B~ooke Alexander, NewYork, NY "Black & White," Art Advisory Service, MOMA, NewYork, NY "Painting & Sculpture Today," The Indianapolis Museum of Atr, 1N . "Major Works," Brooke Alexander, New York, NY "Nine Artists from New York," Asher Faure Gallery, Los Angeles, CA "Central Images," Brooke Alexander, New York, NY "Drawings," Brooke Alexander, NewYork, NY "Joseph Neehvatal/Richard Tobias,!' Brooke Alexander, New York, NY "Invitational Exhibition," Skidmore College Art Gallery, Saratoga Springs, NY "Summer Group Exhibition," Betty Parsons Gallery, New York, NY 198'5 1984 1983 1979 BIBLIOGRAPHY 1991 Peri, Jed. "Where Do We Come From? Where Are We Going?.," Modern Painters (Autumn) Staff. "Goings On About Town," The New Yorker (july l) 1988 McConnell, Kate. "Artist Shares Beginnings," The Daily Beacon, The University of Tennessee (April 12) 1987 B rody, Jacqueline. "Richard Tobias," The Print Collector's Newsletter(SepremberlOctober) Laz~i, Margaret R. "The Erosion of Abstraction," Artweek (May 9) McKenna, Ktistine. "Review," LosAngeles Times (May 8) 1986 Adams, Brooks. "Richard Tobias at Brooke Alexander," Art ln America (July) B rody, Jacqueline. "Richard Tobias," The Print Collector's Newsletter (NovembedDecembe0 Peri, Jed. "Versions of Pastoral," The New Criterion (june) MISCELLA 1990 1989 1988 1983 NEOUS Visiting Artist, Illinois State University, Non'nal Residency, Yaddo, Saratoga Springs, NY Visiting Artist, The University of Tennessee, Knoxville Residency, The Edward F. Albee Foundation, Montauk, NY 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~e or print the following information: 2. Home Address:~'~ ,] . S~ 3. ~ Residence: ~ State ~p Code 4. P~dpfl Bus'ess Address:~l~ ~ O~ S~te Zip Code 5. Home Phone: Busbess Phone: E-M~ Address: .~O~ Ce~ Phone: F~: 6. Are you a re~stered vote? ~0. If so, where ~e you ~e~stered? 7. ~at Board(s) are you interested ~ se~g? Please ~st ~ order of preference: 11. Give your presenh or most recent employer, md position: 12. D~be experiences, s~s o~ ~led~ w~ ~ yo9 to ~e on ~s ~d: ~l~se a~ch a brief res~e) I he.by ce~ ~t ~ ~e a~ve s~temen~ ~e ~e, ~d I ~e ~d ~de~d ~at ~y ~ss~m~t of mat~ fac~ ' con.ed ~ ~s app~cafion may cause foffd~e upon my p~ of my appo~ent I may receive. SIGNA~ DA~ Note: This appl/cation will remain on file in the City aerk's Office fo[e~ ~:t~o[x2~ty~a~t~rom the date it was submitted, It will be the applicant's responsibility to ensure that] ~.tt~l~lt~'l~n is on file. APR 29 2003 ~.ITV CLi:RK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff~ # C~, REGULAR MEETING OF FEBRUARY 17, 2004 AGENDA ITEM APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL FEBRUARY 13, 2004 On September 9, 2003, Ordinance No. 27-03 establishing the Neighborhood Advisory Council 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 was passed and adopted. The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student members. Twelve (12) members are residents with two (2) residents 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. Ms. Sandra Keener has forwarded her resignation due to her moving out of state creating a vacancy for an unexpired term ending October 31, 2004 for Zone One. The following individuals from Zone One have submitted applications for consideration: Applicant Occupation Subdivision Frances Chassen Alice Finst Hansford Higginbotham Jayne King William Milner Scott Zubek NA High Point #7 NA Chatelaine Management Consultant Lake Forest South Teacher Chatelaine Field Representative (US Census Bureau) Chatelaine City Planner Waters Edge (City Employee) A check for code violations and/or municipal liens was conducted. None were found with the exception of Hansford Higginbotham who is currently behind in his water utility payments and has had consistently late payments. Voter registration verification was done and all are registered. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Recommend appointment of one (1) member to the Neighborhood Advisory Council for an unexpired term ending October 31, 2004 for Zone One. 2 3 crT'Y MAN, AGaR. January 21, 2004 City of Delray Beach Mr. David Harden City Manager 100 NW 1~t Avenue Delray Beach, FL 33444 It is with much regret that I resign from the Neighborhood Advisory Council Board due to the fact that I will be moving out of state the end of January. Thank you for the opportunity to be involved on the Board and I wish you and all the Board Members much success for the year 2004. Sincerely, ~S~L. Keener DELItAY BraCH 'iII) CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 / PI~s¢ ~ or pzint the followin~ in.~, _,io-' ~/,~ in the d tiLrel~d of 2 yem fi-om thc date it was submitted. It will be ~e spplicant~s mspon~"u'li~ cut~nt Ipplicagon Li on ~ SEP 1 2 2003 :' ~ CITY CLERK CITY OF DELRAY BEACH BOARD .MEMBER APPLICATION ~_~n,~ / RECEIVED SEP 2.6 2003 cl'r'Y CLERK Resume' Alice Finst 707 Place Tavant Delray Beach. 33445 Application for Neighborhood Advisory CoUncil #12 Describe experiences skills or knowledge which qualify you to serve on this board. Listed below are some of my civic experiences since moving to Delray Beach in 1971. Please note that 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 Hin~oric Preservation Board 1987 Education Board 1990 NorthWest/SouthWest Neighborhood 2002- sidewalk/Beautification Committee Cultural Loop Walldng 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 BOARD MEMBER APPLICATION "~/) ~ / 4.. P~a~ B~ess A~: ~i~ State 5. Home Phon~l' B~s Phone ~ Ad~s: ~ Phone: F~: 6. ~e you a r~ter~ voter? ~ ~ If so, ~ere ~e you Fo, 7. ~t ~M(s) ~e you ~r~t~ ~ ~ PI~ ~t~ ord~ ~referen~ 8. ~t ~ Ci~ Bo~ds on w~ you ~e c~fly se~ ~ ~ve pr~o~ly s~ ~l~e ~d~e 9~~ q~c~ . l~t ~ r~mdpr~sio~ 5~fimfi~ md ~c~ ~ you boM: 11. ~e y~ pr~q qr most r~t ~ploy~, ~ ~sifiom~ 1~ ~ e~fie~w, ~ or ~~l~g you ~ se~e on ~ ~d: ~l~e PP rema~non file in the City Clerk% Office forapetiodof2years from the.~teitwas~ , . on SEP ~:3 2003 HANSI~ORD N. tHGGINBOTHAM 920 SUNFLOWER AVENUE (561) 499-8331 DELRAY BEACH, FL 3~45 CORPORATE FINANCE & INVESTMENT MANAGF, bH~NT EXECUTIVE 1990-Present Independent consultant to private and public companies, advising on matters including capital structure, debt and equity financing, management dynamics, mergcrs and acquisitiun% strategic planning and marketing. Record of achievement introducing new concepts and services to clients, turning money-losers into money-makers and capital creation approximating $70 million, Concurrently have held contractual relationships wRh 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, Qnestar Capital, Round Hill Securities, Northeast Securities and J.W. Genesis. Client assets under manngement have exceeded $36 million. A~E CAPITAL, INC. Regional Manager 2000-2001 Responsible for man~ement and sales growth of this public, international company' s Southern Region. I was credited with building the Region's annual sales volume to over $23 million prior to the Company's decision to consolidate its operations and close this office. PIONEER PRODUCTS 1988-1990 Marketing Manager Assumed marketing and P & L responsibility for the 150+ consumer and institutional 'j)roducts of this General Milt~ manufacturer. Credited with the creation and introduc- tion of five new brands (11 sku's) during an aggressive line expansion. My efforts contributed to two years of record company revenues achieved within profit guidelines. EXECUNET COMPANIES 1984-1988 Partner/General Manager Created and developed unique enterprises providing consumer and business services through these successful companies: Execunet, Home Office and Memorybanc Inventory. HANSFORD N. HIGGINBOTHAM, Page 2 DEL MONTE/R.J.'REYNOLDS FOODS 1980-1984 Region Manager and Division Manager ultimately responsible for $50 million in · annual sales of a 500+ item product line through direct and food broker sales forces. Wrote and implemented op~t~ budgets which included personnel, operations, local advertising and markefin~ trade shows and trade promotion. Managed the regional merger of RJR Foods with Del Monte. PROCrER & GAMBL~ 1973-19~0 Distti~ Field P. epresentative and Unit Manager in the food products division. Managed sales of up to $15 million through direct representatives and account managers. Recognized as my district's Top Unit Manager in 1977 and 1979. 'Consistently ranked among the company's top managers in introducing new items and brands. Developed successful college recruiting programs at South Carolina, Clemson and Furman Universities. ~I~I~H.I, LYNCH, PIKRC~, FENNER & SM1TH 1970-1973 Account Executive Sold inveshuent securities including equities, fixed income, options, mutual funds and commodities. Branch office leader in opening new accounts. KDUCATION/CERTIFICATION B.A., Liberal Arts, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee Series 7, General Securities License Series 63, Uniform Securities Agent State License 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION This applicagon ~ mmifl on file in ~he C~ Cia's years CITY CLERK F 1993 Hease r~e or print ~e following 3. ~ Residtnge: I .~ ,/ · ~ld Business Address: I City ] Sure Z~p Code 5. Home Phone: Bugness Pho~' , E,' ,l~l' Address: . Cell Phone: F~x: ?. WI~ l~o=d(O ~ ~ ~:~ i ' 10. ~*t my ~ehted p~fe~o~ c~fi~fi~ ~d ~em~e, ~ ~u hold: 11. ONe your p~scnt o~ most ~mt mploy~, SlG~ DA~ (pplic~tion ~ ~mam on file in the ~ Oak's Office fxl~m~:df~2 E~ flora the date it ,ubm~tted. It ~ be me sl~licsnt's s~xmsibility Io ~ tl~ts~'Ct~'~ ~:~l~cstion is on me. SEP 0 ~1 2003 - ' - "~ CITY cLERK Bill Milner 3400 Place Valencay Delray Beach, FL 33445 561-637-8896- 2001 -Present 1999-Present 1996-1999 - 'Professional History US Census Bureau- Field Representative Pre-Paid Legal Services, Inc. - Independent Associate Mustapha's Wadi Catering Services- Co-Owner Education B.A. InterdisciPlinary Social Sciences, USF, Tampa, FL I can make a meaningful contribUtion to the Neighborhood AdvisorY Board for the following reasons: · I understand the need for and the mechanics of building consensus · Ability to work effectively with people from ali 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 BOARD MEMBER APPLICATION '1993 2001 Please type or print the following information: 2. Home Address: City .,, State Zip Code 3. Legal Residence: State Zip Code 4. Principal Business Address: City State Zip Code loo ,~.v~. If2' /4vogue. tO¢l,'~.-y IJ~,,cln 5., 'Home Phone: Business Phone: E-Mail Address: I Cell Phone: Fax: 6. Are you. registered voter? yES If s6, whet~ are you registered?og,/,,.,~.~,,, 7. What Board(s) are you interested in serving?. Please list in order ofpreferen,ce: 8. List all~i, ty Boards on which you are olrrenfly serving or have previously served: (Please include dates) 9. Educational qualifications: ~ 10. List any related professional certifications ~d l[cens'es which you hold: ! 11. Give ydur present, or most recent employer, and posffion: 12_ De~caJl~e experiences, skills~or knowledge Which qualify you to se~re on this board: (Please attach a brief resume) hereby cezllfT/th~at ~ll the~a6o~telllents are tt'uc, and I ~ and understand that any misstatement of material facts contained ill this application may cause forfeiture u~on my pat of a-~ly a~pointment I may receive, $IGNA;FUI~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's respons~ility to emure that a~t[arlgx~alap~i.i~ on fde. I-I, r- ~ r- I V r'- OCT :~i2 ~fl113 CITY .CLERK MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGEN~DA ITEM # ~ (~ ~ ORDINANCE - REGULAR MEETING FEBRUARY 17, 2004 NO. 10-04 (PRIVATELY INITIATED REZONING/ATLANTIC PALMS) DATE: FEBRUARY 13, 2004 This ordinance is before Commission for second reading and a quadjudidal hearing for rezoning from POC (Planned Office Center) to RM-9 (Medium Density Residential-9 dwelling un/ts per acre) for a 5.04 acre parcel of land for Atlantic Palms located on the south side of West Atlantic Avenue approximately 140 feet east of Whatley Road. The subject property consists of Lots 1 and 2 of the Carlson/Black plat. The property is currently vacant. At its meeting of July 14, 1999, the Site Plan Review and Appearance Board approved a site plan for the subject property that included 76,314 square feet of medical and professional offices. The offices were never constructed. At its meeting of January 7, 2004, the Site Plan Review and Appearance Board approved the third of three site plan extensions, which extended the expixation date to July 14, 2004. On September 5, 2003, the applicant submitted an application to rezone the subject property to RM-11 (11 units per acre) in order to develop a multiple family residential project. The City Commission considered the first reading of the ordinance to rezone the subject property to RM-11 at its meeting of January 6, 2004. The apphcant requested that the apphcation be withdrawn without prejudice and the City Commission approved the waiver to LDR Section 2.4.50D)(6), which prohibits the City Commission from considering another rezoning application for six (6) months. The applicant has modified his rezoning request to reflect RM-9 (9 dwelling un/ts per acre). The Planning and Zoning Board held a public hearing in conjunction with the RM-11 rezoning request. There was one person from the public that spoke in support of the rezoning and two that expressed concerns. After reviewing the staff report and discussing the proposal, the Board concluded that the proposed density request of 11 units per acre was too intense given the future land use map designations and prevailing development pattern of the surrounding area. The Board voted 4-0 to recommend approval of a reduced density of RM-8, based upon positive findings with respect to Land Development Regulations Section 3.1.1 (Required Findings), Section 2.4.5(1))(5) (Rezoning Findings), and the goals, objectives, and policies of the Comprehensive Plan. The new request to rezone the property to RM-9 has not been considered by the Planning and Zoning Board. While the Board's and staff's recommendations were to allow a maximum density of 8 units per acre, the request for a maximum of 9 dwelling units per acre seems to be a reasonable compromise based on the surrounding development pattern and densities. At the first reading on February 3, 2004, the City Commission passed Ordinance No. 10-04. Recommend approval of Ordinance No. 10-04 on second and final reading. &\City Clerk\agenda memos\Ord. 10.04 0Z17.04 Rez°nmg Atlantic Palms TO: THRU: FROM: SUBJECT: PAUL d~)RLING, DIREC~'O'I~ OF PLANNING AND ZONING SCOTT PAPE, SENIOR PL~ANNER~ MEETING OF FEBRUARY 3, 2004 CONSIDERATION OF A PRIVATELY SPONSORED REZONING FROM POC (PLANNED OFFICE CENTER) TO RM-9 (MEDIUM DENSITY RESIDENTIAL WITH A DENSITY SUFFIX OF 9 DWELLING UNITS PER ACRE) FOR A 5.04 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE~ APPROXIMATELY 140' EAST OF WHATLEY ROAD. The subject property consists of Lots 1 and 2 of the Carlson/Black plat and contains 5.04 acres. The property is currently vacant. At its meeting of July 14, 1999, the Site Plan Review and Appearance Board approved a site plan for the subject property that included 76,314 square feet of medical and professional offices. The offices were never constructed. At its meeting of January 7, 2004, the Site Plan Review and Appearance Board approved the third of throe site plan extensions, which extended the expiration date to July 14, 2005. On September 5, 2003, the applicant submitted an application to rezone the subject property to RM-11 (11 units per acm) in order to develop a multiple family residential project. The City Commission considered the flint reading of the ordinance to rezone the subject property to RM-11 at its meeting of January 6, 2004. The applicant requested that the application be withdrawn without prejudice and the City Commission approved a waiver to LDR Section 2.4.5(D)(6), which prohibits the City Commission from considering another rezoning application for 6 months, The applicant has modified his mzoning request to reflect RM-9 (9 dwelling units per acm). Additional background and analysis of this request is found in the attached Planning and Zoning Board Staff Report, A request to rezone the property to RM-9 is now before the City Commission for consideration. At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing in conjunction with the RM-11 mzoning request. Them was one person from the public that spoke in support of the rezoning and two that expressed concerns. After reviewing the staff report and discussing the proposal the Board concluded that the proposed density request of 11 units per acre was too intense given the future land use map designations and prevailing development pattern of the surrounding ama. The Board unanimously voted 4-0 (Jill Woehlkens, Diane Bomhardt and Joseph Pike absent) to recommend approval of a reduced City Commission Documentation Meeting of February 3, 2004 Rezoning for Atlantic Palms Page 2 density of RM-8, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. The new request to rezone the property to RM-9 has not been considered by the Planning and Zoning Board. While the Board's and staff's recommendations were to allow a maximum density of 8 units per acre, the request for a maximum of 9 dwelling units per acre seems to be a reasonable compromise based on the surrounding development pattern and densities. By motion, approve on first reading the ordinance to rezone the subject property from POC (Planned Office Center) to RM-9 (Medium Density Residential with a density suffix of 9 dwelling units per acre) based on positive findings with respect to LDR Section 3.1.1 (Consistency), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: P & Z Staff Report of October 20, 2003 & Proposed Ordinance ORDINANCE NO. 10-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT TO RM-9 (MEDIUM DENSITY RESIDENTIAL-9 DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, APPROXIMATELY 140 FEET EAST OF WHATLEY ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned POC (Planned Office Center) District; and WHEREAS, at its meeting of October 20, 2003, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 4 to 0, to recommend that the property hereinafter described be rezoned to RM-8 (Medium Density Residential -8 dwelling units per acre), based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM-9 (Medium Density Residential - 9 dwelling units per acre) District for the following described property: Lot 1 and Lot 2, Carlson/Black Plat, recorded in Plat Book 93, Pages 58 and 59 of the Public Records of Palm Beach County, Florida. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,200__. ATTEST M A Y O R City Clerk First Reading Second Reading 2 ORD NO. 10-04 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: ---STAFF REP( October 20, 2003 IV. B. Rezoning From POC (Planned Office Center) To RM-11 (Multiple Family Residential-Medium Density With a Density Suffix of 11 Units Per Acre) For a 5.04 Acre Parcel of Land to be Known as Atlantic Palms (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ......................... B.C. Properties & Investments, EEC. Agent .......................................... Weiner & Aronson, P.A. Location ...................................... Located on the south side of West Atlantic Avenue, approximately 130 feet east of Whatley Road. Properly Size .............................. 5.04 Acres Future Land Use Map ................ TRN (Transitional) Current Zoning ............................ POC (Planned Office Center) Proposed Zoning ........................ RM-11 (Multiple Family Residential - Medium Density, 11 units / acre.) Adjacent Zoning ................ North: POC (Planned Office Center) East: POC (Planned Office Center) & A (Agriculture) South: PRD (Planned Residential) West: GC (General Commercial) & Unincorporated Palm Beach County Enclave (Country Club Acres Subdivision). Existing Land Use ...................... Vacant Proposed Land Use .................... Rezoning from POC (Planned Office Center) to RM-11 (Multiple Family Residential- Medium Density, 11 units / acre) for a 5.04 acre parcel of land. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. W. ATLA AVE. IV. B. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from POC (Planned Office Center) to RM-11 (Multiple Family Residential - Medium Density with a density suffix of 11 units per acre) for Atlantic Palms, pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property consists of Lots 1 and 2 of the Carlson/Black plat and contains 5.04 acres. The property is located on the south side of West Atlantic Avenue, approximately 140' east of Whatley Road. On December 12, 1989, the subject property was annexed into the City and assigned the POC (Planned Office Center) zoning designation. At its meeting of July 14, 1999, the Site Plan Review and Appearance Board approved a site plan for the subject property that consisted of 76,314 square feet of medical and professional office. The offices were never constructed and the site plan extension is set to expire on January 14, 2004. The applicant has submitted a zoning district map change, which is now before the Board for action. The proposal is to change the zoning designation of the property from POC (Planned Office Center) to RM-11 (Multiple Family Residential - Medium Density with a density suffix of 11 units per acre). The appl~ant has indicated that proposed rezoning is requested in anticipation of future development of the property as a multiple family residential project. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 2 application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a TRN (Transitional) Future Land Use Map designation and is currently zoned POC (Planned Office Center). The proposed RM-11 (Multiple Family Residential - Medium Density) designation is consistent with the TRN Future Land Use Map designation. Pursuant to the LDR Section 4.4.6(B)(3), multiple family structures with a base density of 6 units and a maximum density of 12 units per acre subject to performance standards are allowed as a permitted use in the RM zoning district. The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (i.e. RM-8 limits the density to eight units per acre). The provision of the suffix of 11 does not imply that 11 units per acre will be approved on this site. Any approval over 6 units per acre will require compliance with Performance Standards. The 11 unit per acre suffix will, however, represent the upper density cap. Based upon the above, a positive finding can be made with respect to consistency with the land use map designation. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Water & Sewer: Water service is available via service lateral connection to the existing 8" water main along West Atlantic Avenue. Adequacy of fire suppression will be evaluated during the site plan review process. Sewer service is available via service lateral connection to the existing 8" main along West Atlantic Avenue. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 3 Drainage: With a rezoning request drainage plans are not required. The storm water retention will be reviewed dudng the site plan application process. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management Distdct permit. Traffic: The applicant has submitted a trip generation comparison based on the approved medical/professional offices and 54 townhomes. This analysis indicates that the proposed rezoning and development of townhomes at 11 dwelling units per acre will result in a reduction of 96 am peak hour trips and 98 pm peak hour trips and a reduction of 855 average daily trips. Parks and Recreation: The applicant will be responsible for the City's Parks and Recreation requirements during the site plan review process. Based on the 11 units per acre, the subject property has a development potential of 55 dwelling units (5.01 acres x 11 du/ac = 55 units) under the proposed RM-11 zoning designation. Consequently, the applicant would be required to pay a recreational impact fee of $27,500 (55 x $500 = $27,500) for City parks and recreation if the property were developed to its maximum potential. Solid Waste: The development of the property under the RM-I 1 zone district should not create an adverse impact on this level of service standard. The approved master plan for the subject property containing 76,314 square feet of office area would have generated 206 tons of waste per year. The 55 unit multiple family development would generate 28.6 tons per year, a net reduction of 177.4 tons per year. School Concurrency: The consideration for school concurrency needs to be addressed during the rezoning application. The applicant has not submitted the required forms for consideration by the Palm Beach County School Board. Therefore, a condition of approval is attached that the applicant provide a positive finding from the School Board prior to approval by the City Commission. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 4 COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Obiective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. The intensity of a residential development would generally be less than a commemial development under the current zoning requirements. Housing Element Policy A-3.2 - The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. This policy relates to areas which are designated stable residential on the Residential Neighborhood Categorization Map (including this site). There is a concem with respect to the compatibility of the rezoning request with the existing development patterns. The following table identifies the neighboring residential developments and their respective densities: Development Type Density County Club Acres Single Family 3.5 du/ac Highland Trailer Park Mobile Home 10.5 du/ac Sunset Pines Condominium 8.53 du/ac Legacy at Sherwood Forest Multiple Family 7.93 du/ac Sherwood Forest ! Single Family .~4.45 du/ac The table indicates that the surrounding single family development are less than 4.5 dwelling units per acre. The two multiple family developments have a density less than 8.53 dwelling units per acre. Based on this development pattern, the 11 multiple family dwelling units per acre zoning proposed by the applicant is in appropriate. The Legacy at Sherwood Forest development is the most recently approved multiple family project which has a density of less than 8 dwelling units per acre. Therefore, a rezoning of the subject property with a maximum density cap of 8 (RM-8) would be more consistent with Housing Element Policy A-3.2 as it would be more consistent with the development pattern in the area. Future Land Use Element Policy A-1.5 - As the City has an ample supply of housing designed to accommodate its seasonal and retirement population, P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 5 new residential developments shall be designed for a balanced demographic mix of permanent year-round residents. This shall be accomplished through the implementation of policies from Objective B-2 of the housing element. Housin.q Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The implementation of these two policies will be addressed dudng the site plan review process. Section 3.2.2 (Standards for Rezonin.q Actions): Standards B, C and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property is proposed to be rezoned from POC to RM-11. The surrounding area is designated as stable or stabilization neighborhoods. Therefore, based on the analysis previously mentioned under Housing Element Policy ^-3.2, the RM-8 classification is more appropriate given the existing residential pattern. (D) That the rezoning shall result in allowing }'and uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The rezoning of the subject property to RM-8 would result in a designation that is compatible with the existing residential developments in the area. However, the rezoning of the property with a greater density as requested by the applicant would result in an incompatibility with the existing residential development pattern of the area. P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 6 The following zoning designations and uses border the property: Direction Zoninq Uses North South East West POC Vacant PRD Sherwood Forrest PC & Ag. Bank and Nursery GC & Palm Beach County Retail & Single Family As noted previously, the proposed RM-11 would result in a development potential that is more intense than the neighboring single family' and multiple family developments. The rezoning of the property to RM-8 would be the maximum density cap to retain consistency with the development pattern. This would also provide an appropriate transition of density between commemial uses and the adjacent single family neighborhoods. Section 2.4.5(D)(5) (Rezonin.q Findin.qs): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; b= That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement for-the proposed rezoning. The full narrative is provided as Exhibit "A." The following are excerpts from that narrative: "Pursuant to Section 2.4.5(D)(2), the valid reasons for approving the rezoning are that there has been a change in circumstance which makes the current zoning inappropriate and that the requested zoning is of similar intensity as allowed under the Future Land Use Map which is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The area has seen a shift to residential zoning as evidenced by the Legacy at Sherwood Forest to the east of the property and the rezoning to P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 7 the west for Coconut Key to a zoning designation of RM-8. The property is bordered to the west by Country Club Acres which is a future annexation area consisting of single family homes. ...The RM designation is more appropriate than the POC designation in this area. This is evidenced by the fact that although our client obtained site plan approval for an office building, our client was unable to market the office use to the commercial community. The change in circumstances of the neighborhood makes the current zoning inappropriate. The rezoning to RM-11 is also supported by the following Policies and Objectives of the Comprehensive Plan of the City of De/ray Beach: Future Land Use Element: Policy A-2.3: Development of remaining vacant properties shall occur in a manner, which is consistent with and complementary to adjacent development regardless of zoning designations. The property is surrounded by similar residential density subdivisions and thus would be consistent with and complimentary to adjacent developments. Objective A-l: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. The development of the property will be complementary to adjacent land uses as discussed in the above policy. The product type will be affordable and fulfills a remaining land use need.' Comment: The basis for which the rezoning is being sought most closely relates to Items "b" and Uc'. There has been a change in cimumstances which makes the current zoning inappropriate. It appears that the demand for new office space in Delray Beach has diminished, while the demand for residential has increased. While the stock of land zoned for office use will be reduced, there should be sufficient opportunities available elsewhere in the City particularly in-fill developments within existing commemial areas such as Congress Park. As noted previously RM-11 zoning designation proposed by the applicant would be more intense than the surrounding residential neighborhoods. Therefore, staff is recommending approval of the zoning change to RM-8. This would assure that future developers of the property are aware that development of between 6 and 8 units per acre would be the density considered consistent with the prevailing P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 8 residential development pattern and would be more appropriate given applicable Comprehensive Plan Policies. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. This is an application for rezoning and therefore a development proposal is not being considered at this time. Therefore, there is no analysis with respect to the City's Land Development Regulations. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency, DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: [] PROD [] Sherwood Forest HOA [] Hamlet HOA [] Sunset Pines El Hanover Square [] Windy Creek [] Highland Park [] Greensward Village [] High Point 5 [] High Point 6 [] High Point 7 [] Beach Properties Assoc. [] Via Marina HOA [] Manor House [] President's Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The rezoning from POC (Planned Office Center) to RM-11 (Multiple Family Residential - Medium Density with a density suffix of 11 dwelling units per acre) is not consistent with the Comprehensive Plan policy, Housing Element Policy A- 3.2 nor LDR Section 3.2.2 (A) & (D) and LDR Section 2.4.5(D)(5). Therefore, positive findings cannot be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.2.2 (A) & (D), nor the Comprehensive Plan P & Z Board Staff Report' Rezoning from POC to RM-11 for Atlantic Palms Page 9 policies as proposed. The mzoning of the property to multiple family residential is not inherently at odds with the development pattem of the neighborhood. Such a rezoning would provide a transition between more intense uses such as adjacent commercial and West Atlantic Avenue and the single family neighborhoods to the south and west. However, the development pattern of this area (approximately 8 du/ac or less) does not provide the required justification for allowing the proposed 11 dwelling units per acre. Ao Continue with direction. Recommend approval of the rezoning request from POC to RM-8 for Atlantic Palms, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2,4.5(D)(5). Recommend approval of the rezoning request from POC to RM-11 for Atlantic Palms, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Recommend denial of the rezoning request from POC to RM-11 for Atlantic Palms, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. By motion: Recommend to the City Commission approval of the rezoning from POC to RM-8 for Atlantic Palms, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5), subject to submittal of a positive finding of concurrency from the Palm Beach County School Board prior to approval by the City Commission. Attachments: El Exhibit "A"- Project Narrative 13 Location/Zoning Map El Boundary Survey Prepared by: Scott Pape, Senior Planner EXHIBIT A Pursuant to Section 2.4.5(D)(2), the valid reasons for approving the rezoning are that there has been a change in circumstance which makes the current zoning inappropriate and that the requested zoning is of similar intensity as allowed under the Future Land Use Map which is more appropriate for the property based upon cimumstances particular to the site and/or neighborhood. The area has seen a shift to residential zoning as evidenced by the Legacy at Sherwood Forest to the east of the property and the rezoning to the west for Coconut Key to a zoning designation of RM-8. The property is bordered to the west by Country Club Acres ,which is a future annexation area consisting of single family homes. The requested zoning of RM-11 does not require a Future Land Use Amendment as RM is a corresponding zoning designation with the transitional land use designation as provided in Table L-7 of the City of Delray Beach Land Development Regulations. The RM designation is more appropriate than the POC designation in this area. This is evidenced by the fact that although our client obtained site plan approval for an office building, our client was unable to market the office use to the commercial community. The change in circumstances of the neighborhood makes the current zoning inappropriate. Pursuant to LDR Section 4.4.6 (A), the RM District provides a residential zoning distdct with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre. We are requesting a rezoning to RM-11. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. In support of this request, we are submitting copies of the site plan and other items which are customarily provided along with the site plan application to show you the supedor product that ourclient intends to develop on this property. The project meets and exceeds the Performance Standards dictated 15y LDR Section 4.4.6(I). The development substantially complies with the performance standards listed in this section and mitigates the impacts of the additional density both internal and external to the site. The performance standards and a discussion of how they are me~ are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The traffic circulation system is designed to control speed by the use of traffic calmed paver areas located at the entrance, community pool and tot lot. The road width is 20', a width designed to encourage safer slower speeds through out the development. The relative short segments of straight runs will reinforce safe Iow speeds. (b) Buildings are placed throughout the development in a mannerthat reduces the overall massing, and provides a feeling of open space. Providing a generous amount of space between each building reduces the overall massing of the buildings. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer'between the properties. The building setbacks along single-family zoning have been increased by more than 25% of the minimum required by providing a 25'-2" setback where the minimum required is 15'-0". Landscape along this increased set back will exceed the required height at time of planting. The landscape buffer will exceed the minimum code requirement. (d) The development offers a vaded streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The development offers a varied streetscape and building design by: 2. 3. 4. 5. 6. 7. o Staggering setbacks between units; Varying roof heights; Alternating the use of hip, gable and shed roofs; Alternating the use of single and double garage doors; Alternating the use of decorative wood shutters; Alternating the use of balconies; " Alternating the use decorative arches, stucco base and stucco sills; and Alternating the use of outlookers and decorative wood brackets. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached)will ata minimum offer a mixofthree and four bedroom units with varying floor plans. Exhibit "B" - Page 2 Three different unit types, sizes and floor plans are available within the development. The units are available with two, three and four bedrooms. The two bedroom units offer a single car garage. The three bedroom units are end units, which offer a two-car garege. The four-bedroom unit also includes a two- car garage and it is a 3-story unit with a loft area upstairs. In addition, an optional 5th bedroom will be offered in the 3-story unit. The variety of unit size and floor plans will encourage households of various ages and sizes. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. There are not any existing natural areas within the site. However, a new 77'x131' natural preserve area is provided at the south west corner of this project. The 131' length of the preserve is adjacent to the single family zoned district to the west, and the Sherwood Forest subdivision to the South. Additional natural landscape will be provided in the open spaces through out the development. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The project includes a complete network of pedestrian sidewalks along the street in front of each building. The sidewalks continue to Atlantic Avenue on both sides of the development entrance. The sidewalk leads to the recreation areas within the development, which include a pool, a tot lot, and a beach volleyball court. The rezoning to RM-11 is also supported by the following Policies and Objectives of the Comprehensive Plan of the City of Delray Beach: Future Land Use Element: Policy A-2.3: Development of remaining vacant properties shall occur in a manner, which is consistent with and complementaryto adjacent development regardless of zoning designations. The property is surrounded by similar residential density subdivisions and thus would be consistent with and complimentary to adjacent developments. Objective A-1: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Exhibit "B" - Page 3 The development of the property will be complementaryto adjacent land uses as discussed in the above policy. The product type will be affordable and fulfills a remaining land use need. Housing Element: Objective B-2: Redevelopment and the development of new land shall result in the provision of a vadety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies that will implement this objective include: Policy B-2.2 - The development of new adult oriented communities within tl~e City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. Policy B-2.3 - New housing developments shall inclu§e a range of housing types that offer variety in size, color, and style. The project is not geared as an adult oriented community. The housing development is designed to accommodate families with children. This is accomplished by providing a townhouse product with a garage, large room sizes and several floor plans that could appeal to different age groups and household sizes. Exhibit "B" - Page 4 ATLANTIC PALMS - REZONING - FROM: POC (PLANNED OFFICE CENTER) TO~: RM-11 (MUL TIP!.~ FAMILY RESIDENTIAL, MEDIUM DENSITY- 11 UNITS/ACRE) ADDRESS: N/A SUPPLEMENTAL INFORMATION APPROXIMATE ACREAGE; 5.04 ABRIDGED LEGAL DESCRIPTION: CARLSON BLACK PLATS 1 & 2 CURRENT FLUM: TRN (TRANSITIONAL} EXISTING LAND USAGE: VACANT TRAFFIC ANALYSIS ZONE: ~579 S GUL STREAM B . STBLZ ~"~ ~ RESIDENTIAL NEIGHBORHOOD ~ATESORIZATION ~AP "'~ I MAP ~22 LEGEND: STB - STABLE RH8 - REHABILITATION P~NING ~ ZONING DEPARTMENT STBLZ - STABILIZATION RDV - RED~ELOPMENT AUGU~ 1999 EVZ - R~ITALIZATION HO - 22 = L-30 CANAL STB STB LAKE IDA RVZ STB STB STB STBLZ STB LOWSON BOULEVARD STB UNTON BOULEVARO STB STB RHB STB STB STB CANAL C 15 CANAL RE51DENTIA~ NEIBHBORHOOD EATEBORIZATION Il~lAP LEGEND: tVlAP #22 STB - STABLE RHB - REHABILITATION STBLZ - STABILIZATION RDV - REDEVELOPMENT RVZ - REVITALIZATION HO - 22 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~C) ~ - REGULAR MEETING OF FEBRUARY 17. 2004 ORDINANCE NO. 8-04 (AMENDING LAND DEVELOPMENT REGULATIONS. ENACTING A NEW SUBSECTION 2.4.3(K)(6). "DELRAY BEACH FIRE-RESCUE DEPARTMENT FEES") FEBRUARY 13, 2004 This ordinance is before Commission for second reading to amend the Land Development Regulations, enacting a new Subsection 2.4.3(K)(6), "Delray Beach Fire-Rescue Deparunent Fees", providing for fees to be charged by the Fire Depfutment for review of development plans. At the first reading on February 3, 2004, the Commission passed Ordinance No. 8-04. Recommend approval of Ordinance No. 8-04 on second and final reading. S:\City Clerk\agenda memos. Ord 8.04.Fire Rescue Fees 0Z17.04 TO: THRU: FROM: SUBJECT: DAVID T. HARD'EN'~TY ~AI~GE~cl -' PAUL DORU. , DIRECTaR OF JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRE~ MEETING OF FEBRUARY 3, 2004 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS ENACTING A NEW SUBSECTION 2.4.3(K)(6), "DELRAY BEACH FIRE-RESCUE DEPARTMENT FEES". The City's Fire Department reviews plans for many different types of construction and renovations and performs inspections of structures at the requests of other parties. In order to recover some of the Fire Department's expense and time in reviewing plans and making these inspections it is in the public's interest to charge for some of these services. Therefore, the request is to amend the Land Development Regulations to include Fire Department plan review fees. The City's Community Improvement Department reviewed Fire Department plan review fees which are currently charged by Palm Beach County as well as several municipalities within Palm Beach County having similar populations as the City. The proposed fee formula is based on project value, which is consistent with the methodology used by Boynton Beach, Jupiter, Palm Beach Gardens and Palm Beach County. Some City's base their fees on square footage of a project and assign a cost per square feet. The fees are comparable whether they are based upon project value or cost per square feet. The proposed fee schedule is the same as those currently charged by Palm Beach County. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 26, 2004. There was no public testimony regarding the proposed amendment. After discussing the amendment, the Board voted 6-0 (Sowards absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations enacting Subsection 2.4.3(K)(6) regarding Delray Beach Fire-Rescue Department Fees, based upon positive findings with respect to LDR Section 2.4.5(M). By motion, approve on first reading the ordinance amending the Land Development Regulations enacting Subsection 2.4.3(K)(6) regarding Delray Beach Fire-Rescue Department Fees, based upon positive findings with LDR Section 2.4.5(M), and set a public hearing date of February 17, 2004. Attachment: Proposed Ordinance Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Delray Beach Fire-Rescue Department Fees Page 2 ORDINANCE NO.8-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", OF THE LAND DEVELOPMENT REGULATIONS BY ENACTING A NEW SUBSECTION 2.4.3(K)(6), "DELRAY BEACH FIRE-RESCUE DEPARTMENT FEES", TO PROVIDE FOR DEVELOPMENT REVIEW FEES BY THE FIRE DEPARTMENT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING FOR THE RENUMBERING, RELETTERING AND INCLUSION IN THE LAND DEVELOPMENT REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fire Department reviews plans for many different types of construction and renovation and performs inspections of structures at the requests of other parties; and WHEREAS, in order to recover some of the Fire Department's expense and time in reviewing plans and making these inspections it is in the public's interest to charge for some of these services. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on January 26, 2004, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K), "Fees", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by the enactment of a new Subsection 2.4.3(K)(6), "Delray Beach Fire-Rescue Department Fees", to read as follows: (6) Delray Beach Fire-Rescue Department Fees: (a) The following formula, which is based on the valuation of the proposed work, shall be used to determine plans review fees. $0.00 up to $25,000.00 Charge 0.5% total valuation of work. With a minimum of $20.00. (This works out to $5.00 per thousand dollars of value.) Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Delray Beach Fire-Rescue Department Fees Page 3 $25,001.00 to $100,000.00 Charge $125.00 for the first $25,000.00 and then charge 0.25% of the balance of the value. (This works out to be $2.50 per thousand dollars value for the balance.) $100,001.00 to $500.000.00 Charge $312.50 for the first $100,000.00 and then charge 0.125% of the balance of value. (This works out to be $1.25 per thousand dollars of the value for the balance.) $500,001.00 to $1,000,000.00 Charge $812.50 for the first $500,000.00 and then charge 0.0625% of the balance of the value. (This works out to be $0.625 per thousand dollars of value for the balance.) $1,000,000.01 and up Charge $1,138.50 for the first million and then charge 0.03125% of the balance of the value. (This works out to be $0.3125 per thousand dollars of value for the balance.) (b) Set forth below are examples of valuations and estimated correlating fees, ESTIMATED VALUATION $4,000,00 and under 100,000.00 PLAN REVIEW FEES $20.00 312.50 200,000.00 437.50 300,000.00 562.50 400,000.00 687.50 500,000.00 600,000.00 700,000.00 812.50 875.00 937.50 800,000.00 900,000.00 1062.50 1,000,000.00 1125.00 1,100,000.00 1169.75 1,200,000.00 1201.00 1,000.00 (c) Design Review. A fee of fifty ($50.00) dollars will be charged for design review of drawings or specifications. This amount shall not be refunded. (d) Civil Drawings. A fee of twenty-five ($25.00) dollars will be charged for the plans review of all civil drawings. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Delray Beach Fire-Rescue Department Fees Page 4 (e) Plan Revisions. The following fees shall apply to the various revisions and related services: 1) Pre-Permit Minor Revision: No charge. 2) Pre-Permit Major Revision: 10% of the original fee. 3) Post-Permit Revision: $5.00 per page, with a minimum fee of $20.00, except when value increases (then see schedule). 4) Restamp: $2.50 per page with a minimum fee of $10.00 5) Invalid Permits: 30% of the original fee. If construction has commenced, payment of a fee for the remaining construction is based on the original schedule. (f) Water Flow Tests. A fee of seventy-five ($75.00) dollars shall be paid for all flow tests performed by Delray Beach Fire-Rescue on wet hydrants. (g) Fire Watch. A fee equal to the overtime cost incurred by Delray Beach Fire-Rescue shall be paid for any Fire Watch (as defined by the Florida Fire Prevention Code) required by the Florida Fire Prevention Code or by the Fire-Rescue Department. (h) Fire Department Survey (Water Supply). There shall be a twenty-five ($25.00) dollar charge for any survey conducted by Delray Beach Fire-Rescue to establish the adequacy of water supply, distance to closest fire station, and/or any other pertinent insurance information, (i) Permits for fire-related operations. There shall be a twenty-five ($25,00) dollar permit charge for hazardous operations included in section 1-16.16 of the Florida Fire Prevention Code, and identified by Delray Beach Fire-Rescue as requiring a permit. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. The provision of this ordinance shall become and be made a part of the Land Development Regulations of the City of Delray Beach, Florida. The Sections of the ordinance may be renumberad or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Delray Beach Fire-Rescue Department Fees Page 5 Section 5. and final reading. That this ordinance shall become effective upon its adoption on second PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_. ATTEST: MAYOR City Clerk First Reading Second Reading MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ O~. - REGULAR MEETING OF FEBRUARY 17. 2004 ORDINANCE NO. 11-04 (PROVIDING FOR THE ADOPTION AND ENFORCEMENT OF THE MINIMUM STATE FIRE CODE) FEBRUARY 13, 2004 This ordinance is before Commission for second reading to provide for the adoption and enforcement of the minimum State Fire Code together with local amendments recommended by our Fire Department. At the first reading on February 3, 2004, the Commission passed Ordinance No. 11-04. Recommend approval of Ordinance No. 11-04 on second and final reading. $:\Cit~ Clerk\agenda metm~Orfl 11.04.State Fire Code 0Z17.04 £1TY OF DELRflY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: January 23, 2004 MEMORANDUM Writer's Direct Line: 56~1/243-7091 TO: FROM: City~ Commission Bdan Shutt, Assistant City Attorney SUBJECT: Adoption of the Florida Fire Prevention Code Florida Statutes have provided for the minimum fire code that must be followed by all local governments. However, local governments are allowed to enact more stringent requirements. The attached ordinance provides for the adoption of the Florida Fire Prevention Code, along with some amendments to the code (providing for more stringent requirements), as the minimum fire safety code for the City. The ordinance also provides for the enforcement of the code as well as granting authority to the fire department to take certain actions if there is an immediate hazard to persons or property. By copy of this memo to David Harden, our office requests that this item be placed on the February 3, 2004 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager. Barbara Gadto, City Clerk Kerry Koen, Fire Chief Bill Adams, Asst. Fire Chief ORDINANCE NO. 11-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", TO PROVIDE FOR ENFORCEMENT OF THESE REGULATIONS; AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 96.09, "PROCESSES DEEMED HAZARDOUS TO LIFE AND PROPERTY", TO PROVIDE THAT CERTAIN FIRE OFFICIALS MAY ORDER THE IMMEDIATE CESSATION OF AN ACTIVITY THAT IS HAZARDOUS TO LIFE AND PROPERTY; ENACTING SECTION 96.10, "EVACUATION OF OCCUPIED BUILDINGS OR STRUCTURES", TO PROVIDE THAT CERTAIN FIRE OFFICIALS MAY ORDER THE EVACUATION OF OCCUPIED BUILDINGS; REPEALING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", AND ENACTING A NEW SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY ADOPTING STATE LAW AS WELL AS OTHER CODE SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City follows certain National Fire Protection Association codes in relation to minimum fire safety standards and the Florida Fire Prevention Code; and WHEREAS, Florida Statute Chapter 633 provides for a uniform fire safety standard and code to be followed by all local governments; and WHEREAS, the City wishes to modify certain portions of its code to provide greater safety standards for the public; and WHEREAS, the City Commission deems it to be in the public interest to adopt State Law, as it may be amended, as well as other amendments to the Fire Prevention Code as it relates to minimum fire safety standards and the Florida Fire Prevention Code. 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", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 37.45. SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES. (A) The provisions of this section are additional and supplemental means of enforcing the City's ordinances and may be used for the enforcement of any non- criminal ordinance, or for the enforcement of all non-criminal ordinances. Nothing contained in this section shall prohibit the City from enforcing its codes or ordinances by any other means. (B) A Code Enforcement Officer and/or Fire Safety Inspector is authorized to issue a citation to a person when, based upon personal investigation, the officer/inspector has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the County Court will hear the charge. (C) Prior to issuing a citation, a Code Enforcement Officer and/or Fire Safety Inspector shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be not more than thirty (30) days. If, upon personal investigation, a Code Enforcement Officer and/or Fire Safety Inspector finds that the person has not corrected the violation within the time period, a Code Enforcement Officer and/or Fire Safety Inspector may issue a citation to the person who has committed the violation. A Code Enforcement Officer and/or Fire Safety Inspector does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the Code Enforcement Officer and/or Fire Safety Inspector has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (D) A citation issued by a Code Enforcement Officer and/or Fire Safety Inspector shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or Section of the code or ordinance violated. (6) The name and authority of the Code Enforcement Officer and/or Fire Safety Inspector. (7) The procedure for the person to follow in order to pay any civil penalty or to contest the citation. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty if the person elects not to contest the citation. (lO) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (E) After issuing a citation to an alleged violator, a Code Enforcement Officer and/or Fire Safety Inspector shall deposit the original citation and one copy of the citation with the County Court. (F) A violation of an ordinance enforced in this manner shall constitute a civil infraction. The person receiving the citation may within ten (10) days from the date of the citation elect to appeal the citation to County Court or pay the penalty imposed. Should the person fail to pay the penalty or appeal the citation within the ten days or fail to appear in court to contest the citation, they shall be deemed to have waived their right to contest the citation and a judgment up to the maximum penalty may be entered against them. (G) The classes and schedule of fines shall be as follows: (1) Class I - $50.00 fine shall be assessed for: (a) All violations not specifically enumerated in other fine classes; and (b) Violations of Chapter 91, "Animals", excluding sea turtle previsions. (2) Class II - $75.00 fine shall be assessed for: (a) Repeat violations of Class I violations; (b) Violations of the Land Development Regulations of the City of Delray Beach; (c) Violations of Chapter 90, "Abandoned Property"; (d) Violations of Chapter 98, "Litter"; (3) (e) (0 Class (a) (b) (c) (d) (e) Violations of Chapter 99, "Noise"; and Violations of Chapter 131, "Offenses Against Property". III - $125.00 fine shall be assessed for: Repeat violations of Class II violations; Violations of Chapter 91 regarding sea turtles; Violations of Chapter 96, "Fire Prevention and Fireworks" (The requirements of Florida Statute Section 633.052 shall be followed prior to the issuance of a citation); Violations of Chapter 97, "Health and Safety"; and Violations of Chapter 101, "Parks, Beaches, and Recreation". (4) Class IV - $250.00 fine shall be assessed for: (a) Repeat violations of Class III violations; (b) Violations of Section 51.02, "Dumping on Property Owned by Others Prohibited"; (c) Violations of Section 51.20, "Industrial and Hazardous Waste Disposal"; (d) Violations of Section 51.57, "Contagious Disease Refuse and Hypodermic Needles"; (e) Violations of Section 51.59, "Offensive Deposits; Burying and Depositing in Waterways"; and (f) Violations of Chapter 53, "Sanitary Sewers", pertaining to discharges into sanitary sewer system. (H) Any person who willfully refuses to sign and accept a citation issued by a Code Enforcement Officer and/or Fire Safety Inspector shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. Sections 775.082 or 775.083. Section 2. That Chapter 96, "Fire Safety and Emergency Services", Section 96.09, "Processes Deemed Hazardous to Life and Property", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: Sec. 96.09. PROCESSES DEEMED HAZARDOUS TO LIFE AND PROPERTY. (A) The Fire Chief, Fire Marshal or Fire Inspector or any Fire-Rescue Department Officer may order the immediate cessation of any activity, operation or process when such activity, operation or process is in violation of the State Prevention Code, or other fire safety ordinance, or when, in the iud.qment of any of those named above, such operation, activity or process constitutes a severe and immediate hazard to persons or property. (B) Any person, who, after being served with either a verbal or written order to cease such severe and immediate hazardous activity, operation or process, willfully fails or refuses to comply with such an order shall be subject to immediate arrest. Section 3. That Chapter 96, "Fire Safety and Emergency Services", Section 96.10, "Evacuation of Occupied Buildings or Structures", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: Sec. 96.'10. EVACUATION OF OCCUPIED BUILDINGS OR STRUCTURES. The Fire Chief, Fire Marshal, any Fire Inspector or any Fire-Rescue Department officer may order the immediate evacuation of any occupied buildinq or structure or assembly area when such building, structure or assembly area is deemed hazardous due to fire hazard, obstruction to exits, overcrowdin.q of the premises, or any other hazard or potential which presents immediate danger to the occupants. The premises, or any portion thereof, may not be reoccupied until it has been examined and deemed free of the hazard or potential which caused the evacuation to be ordered. Persons refusing to obey either a verbal or written order of any of the Fire-Rescue Department officials named above shall be subject to immediate arrest. Section 4. That Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed and a new Section 96.16, "Certain Codes Adopted by Reference", is hereby enacted to read as follows: Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE. (A) The city adopts by reference and incorporates into this Code as though fully set out herein, that certain code, as it may from time to time be amended, known as the Florida Fire Prevention Code, Chapter 36 of the Florida Building Code (2001), and the incorporated standards. 5 (B) The city adopts by reference and incorporates into this Code, as though fully set out herein, those specific codes and standards, from the Florida Fire Prevention code, Chapter 36 of the Florida Building Code (2001). In addition to the codes adopted by the Florida Fire Prevention Code, the City of Delray Beach adopts National Fire Protection Association codes listed below and as they may be amended: NFPA 18 1995 Wetting Agents NFPA 22 1998 Water Tanks for Private Fire Protection NFPA 50 2001 Bulk Oxygen Systems at Consumer Sites NFPA 50A 1999 Gaseous Hydrogen Systems at Consumer Sites NFPA 53 1999 Oxygen-Enriched Atmospheres NFPA 92B 2000 Smoke Management Systems in Malls, Atria, Large Areas NFPA 101B 1999 Means of Egress NFPA 102 1995 Assembly Seating, Tents, and Membrane Structures NFPA 105 1999 Smoke Control Door Assemblies NFPA 115 1999 Laser Fire Protection NFPA 140 1999 Motion Picture and TV Production Facilities NFPA 160 2001 Flame Effects Before an Audience NFPA 170 1999 Fire Safety Symbols NFPA 203 2000 Roof Coverings and Roof Deck Construction NFPA 204 1998 Smoke and Heat Venting NFPA 258 2001 Research Test Method for Determining Smoke Generation of Solid Materials NFP^ 287 200'1 Flammability of Materials in Clean rooms NFP^ 302 1998 Pleasure and Commercial Motor Craft NFPA 306 1997 Control of Gas Hazards on Vessels NFPA 326 1999 Safeguarding Tanks and Containers NFP^ 408 1999 Aircraft Hand Portable Fire Extinguishers NFPA 423 1999 Construction and Protection of Aircraft Engine Test Facilities NFPA 496 1998 Purged and Pressurized Enclosures for Electrical Equipment NFP^ 502 1998 Road Tunnels, Bridges, and Limited Access Highways NFPA 513 1998 Motor Freight Terminals NFP^ 560 1995 Ethylene Oxide for Sterilization and Fumigation, Storage, Handling, and use of NFP^ 601 2000 Security Services in Fire Loss Prevention NFPA 720 1998 Household Carbon Monoxide Warning Equipment NFP^ 780 1997 Installation of Lighting Protection Systems NFPA 801 1998 Facilities Handling Radioactive Materials NFPA 820 1999 Fire Protection in Wastewater Treatment and Collection Facilities NFPA 914 2001 Fire Protection in Historic Structures NFPA 1141 1998 Planned Building Groups NFPA 1962 1998 Care, Use and Service Testing of Fire Hose Including Connections and Nozzles NFPA 1961 1997 Fire Hose The City hereby adopts the following amendments to the Fire Prevention Code of the National Fire Protection Association, N.F.P.A. Pamphlet No. 1, included in th~, Florida Fire Prevention Code, Chapter 36 of the Florida Building Code (2001), adopted in this article: (1) Section 7-3.2 is amended to include the following language: Approved automatic fire sprinkler systems as hereinafter defined shall be installed throughout hereinafter constructed buildings and structures or appropriate sections thereof: (a) The following buildings of an institutional or educational character: all hospitals, ambulatory, surgical or treatment centers, nursing homes, homes for the aged, convalescent centers, rehabilitation facilities, day care centers caring for more than 12 clients under 1 year of age, adult congregate living facilities, and all occupancies and uses of similar nature, to those herein stated, without regard to the type of construction or heiqht of the building or structure involved. (b) All wood or partial wood frame buildings or structures which are 2 stories or more than 20 feet in heiqht as measured from finish ground floor grade to the underside of the topmost roof assembly. Single- family homes, duplexes and townhouses shall be exempt from this requirement, except as provided in section (d) below. (c) All buildings or structures regardless of the type of construction which are 3 stories or more in height or all buildings or structures in excess of 30 feet in height as measured from the finish ground floor grade to the underside of the topmost roof assembly, 8 (d) All buildings or structures regardless of the type of construction which are in excess of 12,000 square feet per floor, or an aggregate of 12,000 square feet if there is unprotected communication between floors or intermediate spaces. (e) All portions or sections of buildings or structures which are below grade or which constitute the basement area of a building or structure regardless of square footage of floor area or type of construction. The automatic fire sprinkler systems herein referred to and the installation thereof which is required by this ordinance shall be as contained in and provided for with the applicable standard specified for this section under appendix A of this Fire Prevention Code. (2) Section 7-2.2.2 is amended to include the following language: All hereafter constructed buildings and structures more than 3 stories in height or 36 feet in height or all buildings more than 2 stories in height and more than 30,000 square feet per floor level, shall be equipped with approved Class 1 standpipes to provide reasonable safety to persons and property. For purposes of this section, height is measured from finish ground floor grade to the underside of the topmost roof assembly. (3) Section 7-2.3 is amended to include the following language: All systems, equipment, tanks, piping, devices, appliances, controls, or storage facilities over which the code contains regulatory provisions, or which are required by any other law, shall be maintained in operative condition at all times to provide the service for which installed. All fire sprinkler, standpipe, and fire pump systems shall be annually inspected, serviced, and maintained under a written service contract with service companies licensed by the State of Florida to provide such services and which possess a current occupational license for the City of Delray Beach providing for regular maintenance and testing of the systems in accordance with the applicable standards specified under Appendix A of this Fire Prevention Code and NF.P.A. 13A, N.F.P.A. 14A and N.F.P.A. 25. The service company performing the maintenance and tests shall forward a written report to the Fire-Rescue Department indicating the nature of any repairs, modifications, and/or corrections completed by the service company, the date and time of such tests and inspections and any other information which may be required by the fire-rescue services department. In addition, a copy of the 9 service report must be maintained on the premises, and it shall be subiect to inspection by the Fire-Rescue Department at any time. (4) Section 7-3.4.2 is amended to include the followin.q lan.cluacle: Valves on connections to water supplies, sectional control and isolation valves, and other valves in supply pipes to sprinklers and other fixed water- based fire suppression systems shall be supervised by an approved Central station si.qnalin.q service. Section 7-7 is amended to include the followin.q lan~lua.cle: Any off-site monitoring of required fire alarm/detection devices shall be done at an approved UL Listed Fire Protection Siqnaling Systems Central Station. It shall be the responsibility of the buildin.q owner to provide and maintain a current valid UL Fire Alarm Certificate on the buildin.q's fire alarm system. 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. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective upon its adoption on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this day of ,200_. ATTEST: MAYOR City Clerk First Reading Second Reading ]0 TO: FROM: SUBJECT: PAUL DORLING, DIRECTOR OF PLANNING AND ZONING MEETING OF FEBRUARY 17, 2004 PROPOSED MORATORIUM ON ADULT ARCADE ESTABLISHMENTS. FOUR MONTH On December 15, 2003 the Planning and Zoning Board considered a conditional use request to establish an adult arcade amusement center within 4,200 square feet (three bays) of the shopping center at the southeast corner of Military Trail and Linton Boulevard. Dudng the analysis of that request the issue of whether this type of use would be considered gambling or not was discussed. The applicant's accompanying narrative attempted to explain how the coin operated amusement facility met the definition of "Arcade Amusement Center" as described in Florida State Statute 846.161. Pumuant to Florida Statute 846.161, an Arcade Amusement Center is a business that contains machines that operate by means of the insertion of a coin and which by application of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played. The "STOP" buttons described in the applicant's narrative are construed to be the skill, wherein, the operator decides when to stop icons on a screen. The statutes relating to prohibition of gambling are not applicable to facilities that meet this definition. Given the current regulations the City Commission approved the Spinners Arcade request at their January 6, 2004 meeting. However, similar operations in the State of Florida, more notably in the County of Sarasota are currently being reviewed by the courts to determine whether they meet the definition of Arcade Amusement Facility and are therefore exempt from Florida's prohibition on gambling. If the courts find that the proposed machines are not exempt, the recently approved conditional use will become null and void. Given the ongoing legal review of this type of use it would appear prudent to implement a four month moratorium to allow adequate time for the courts to render their decision. The authority to implement such a moratorium is granted to a municipality under general home rule powers pursuant to Flodda Statute 166.021. The Planning and Zoning Board considered the moratorium request at their meeting of January 26 2004. There were no public comments and after a brief discussion the Board voted unanimously (6-0) (Jess Sowards absent) to recommend approval of the Moratorium request. Recommend approval of a four mouth moratorium on adult arcade establishments. ORDINANCE NO. 13-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELR_AY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM ON ARCADES AS FURTHER DEFINED HEREIN FOR A PERIOD OF FOUR (4) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING FOR PENALTIES PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, provides municipal services to its citizens, including regulation and licensing of businesses and issuance of permits; and WHEREAS, the City Commission has learned of certain activities related to "adult arcades" within the City of Delray Beach, being proposed or considered which activities would harm the City's economic and redevelopment activities and otherwise significantly and adversely affect the public health, safety, morals and wdfare, said activities which may include forms of gaming or gambling which could lead to illegal activities; and WHEREAS, the operation of games of chance, those which requke no skill in order to play, may result in illegal gambling activities; and WHEREAS, the City needs a period of time to address the different types of arcades and games utilized at arcades in order to determine the appropriate permitting criteria for each; and WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041 (c). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section I. TEMPORARY BUll.DING MORATORIUM UPON THE ISSUANCE OF PERMITS FOR ARCADES. All activities relating to the acceptance, review and action upon permit applications for arcades are temporarily suspended in order for the City of Delray Beach. through its officials and staff, to have adequate time and opportunity, to determine the adequacy of application criteria, standards and other approval processes related to the issue of said permits within the City. of Delray Beach. Based upon the foregoing, there is hereby imposed a temporary, moratorium on the review and action upon permit applications for arcades and ~tvame rooms. During the time the temporary. moratorium is in effect, the Ci.ty will accept no applications for pen-nits for the operation of arcades. Section 2. ARCADE. Arcade shall be defined as any house, booth, tent. room. shelter or any other place which permits any person to play a _tame on a machine for money or Section 3. GEOGRAPHIC AREA COVERED. A temporary, moratorium established in this ordinance shall be effective in the co,orate and municipal boundaries of the Ci.ty of Delray Beach. Section 4. DURATION OF MORATORIUM/EXTENSION. The temporary moratorium set forth in this ordinance shall take effect immediately upon the effective date of this ordinance and shall terminate four (.4) months after the said effective date. The City. will accept no applications which are subject to the moratorium until the moratorium has expired. (b) The City. Commission may extend the temporary, moratorium established in this ordinance by enactment of an ordinance one (1) time for a period not to exceed nine.n, (90) days upon a finding by the City Commission set forth in the ordinance that the problems ~ving rise to the need for the temporal, moratorium established herein continue to exist. Section 5. PENALTIES. Any individuak entity, or agent, who shall violate any provision of this ordinance or who fails to comply therewith, or with any of the requirements thereof, shall be fined in an amount not exceeding five hundred dollars ($200.00) or be imprisoned for a period of not exceeding sixty. (.60) days. 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. 2 ORD. NO. 13-04 Section 8. That this ordinance shM1 become effective immediately upon its passage on second and final reading. of PASSED AND ADOPTED in reg~,lar session on second and final reading on this · 2004. ATItiST: MAYOR CITY CLERK First Reading Second Reading 3 ORD. NO. 13-04 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~{D~-: - REGULAR MEETING OF I~'~BRUARy 17. 2004 ORDINANCE NO. 9-04 (AMENDING LAND DEVELOPMENT REGULATIONS SECTION 4.4.17. (RESIDENTIAL OFFICE DISTRICT, SUBSECTION 4.4.17(B)(2) REGARDING DUPLEX STRUCTURES) FEBRUARY 13, 2004 This is second reading and second public he, ring for Ordinance No. 9-04 amending the Land Development Regulations Section 4.4.17, RO (Residential Office District), Subsection 4.4.1703)(2) regarding duplex structures to provide clarification by deleting "and dwelling units" from the description. Ordinance No. 140-85, which created the RO (Residential Office) zoning district listed "duplex structures, subject to Site and Development Plan Approval" as a permitted use. There were no changes made to this language until October, 1990, when the current language referenced above was adopted as part of the Land Devdopment Regulations (LDR). In 1990, the description was modified to eliminate the approval process, as the approval process for uses in the RO district are listed in another subsection. Based upon staff's research and City records, it is clear that when the language was changed the intent was to only list duplex structures. At that time, there was no discussion with regard to adding multiple family dwelling units to the RO zoning district. If multiple family dwellings (three or more dwelling units) were permitted in the RO district, they would have been listed as a separate subsection consistent with the manner in which other types of residential uses are listed in the LDR's. In order to provide clarification and alleviate any confusion, "and dwelling units" should be deleted from Section 4.4.1703)(2). The Planning and Zoning Board held a public hearing regarding this item. There was no public testimony regarding the proposed amendment~ The Board voted 6-0 to recommend approval of the proposed amendment to LDR 4.4.1703)(2) regarding duplexes, based upon positive findings with respect to Land Development Regulations Section 2.4.5(M) (Amendment to Land Development Regulations), and while the amendment does not spedfically further the goals, objectives, and policies of the Comprehensive Plan, it is not inconsistent with them. At the first reading on February 3, 2004, the Commission passed Ordinance No. 9-04. Recommend approval of Ordinance No. 9-04 on second and final reading. S:\Cit~ Cl~k\agenda meano~.Ord 94)4.1~1ex~.02.17.04 TO: THRU: FROM: SUBJECT: JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECT(~ MEETING OF FEBRUARY 3, 2004 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.17(B)(2) REGARDING DUPLEXES IN THE RO (RESIDENTIAL OFFICE) ZONING DISTRICT This amendment is to provide clarification to LDR Section 4.4.17(B)(2) of the RO (Residential Office) zoning district, which states the following regarding duplexes: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the RO District as a permitted use: (2) Duplex structures and dwelling units. Recently, there has been some questions as to why "and dwelling units" is included in the description of duplexes in the RO zoning district, and if it could be determined that it infers that multiple family dwelling units (three or more dwelling units) are also permitted. Duplexes are currently listed in the RL (Low Density Residential), RM (Medium Density Residential), PRD (Planned Residential Development) as "Duplex structures.'~ while in the OSSHAD (Old School Square Historic Arts District) they are listed as "Residential uses of single family detached dwellings and duplexes." Ordinance No. 140-85, which created the RO (Residential Office) zoning district listed "Duplexes structures, subject to Site and Development Plan Approval" as a permitted use. There were no changes made to this language until October 1990, when the current language referenced above was adopted as part of the Land Development Regulations. In 1990, the description was modified to eliminate the approval process, as the approval process for uses in the RO district are listed in another subsection. Based upon staff's research and City's records it is clear that when the language was changed the intent was to only list duplex structures. At that time, there was no discussion with regard to adding multiple family dwelling units to the RO zoning district. If multiple family dwellings (three or more dwelling units) were permitted in the RO district, they would have been listed as a separate subsection consistent with the manner in which other types of residential uses are listed in the LDRs. In order to provide clarification and alleviate any confusion, "and dwelling units" should be deleted, and Section 4.4.17(B)(2) modified as follows: (2) Duplex structures. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for clarification purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. P&Z Board Staff Report LDR Amendment - Duplexes in the RO zoning district Page 2 The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 26, 2004. There was no public testimony regarding the proposed amendment. After discussing the amendment, the Board voted 6-0 (Sowards absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations Section 4.4.17(B)(2) regarding duplexes, based upon positive findings with LDR Section 2.4.5(M). By motion, approve on first reading the ordinance amending the Land Development Regulations Section 4.4.17(B)(2) regarding duplexes in the RO (Residential Office) zoning district based upon positive findings with LDR Section 2.4.5(M), and set a public headng date of February 17, 2004. Attachment: Proposed Ordinance ORDINANCE NO. 9-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION 4.4.17(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", BY AMENDING SUBSECTION (B)(2) TO DELETE THE WORDS "AND DWELLING UNITS"; 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 January 26, 2004, and voted 6 too to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.17, "Residential Office (RO) District", Subsection 4.4.17(B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the RO District as a permitted use: (1) Single family detached dwelling tm/ts. (2) Duplex structures (3) Business and professional offices. (4) Abused spouse residence limited to forty (40) or fewer residents. (5) Funeral parlors, funeral homes. (6) Parking lots not associated with a use, pursuant to an adopted 1 ORD. NO. 9-04 neighborhood or redevelopment plan. (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). Section 2: That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,200 ATTEST M A Y O R City Clerk First Reading_ Second Reading 2 ORD. NO. 9-04 SIEMON & LARSEN, P.A. Mizner Park 433 Plaza Real, Suite 339, Boca Raton, Florida 33432 Telephone (561) 368-3808 - Facsimile (561) 368-4008 E-Mail - info@siernonlarsen.com CITY MANAGER February 17, 2004 David Harden, City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, Florida 33444 Dear Mr. Harden: We understand that the City Commission agenda packages for tonight's meeting have already been delivered. Your administrative assistant has advised us that you have the discretion to provide the Commission with additional documents when they arrive at the meeting. Accordingly, we respectfully request that you provide the Mayor and Commissioners with the attached letters. Thank you in advance for your assistance in this matter. Todd Messen RECEIVED FEB 1 7 2OO~' CiTY cLERK SIEMON & LARSEN, P.A. Mizner Park 433 Plaza Real, Suite 339, Boca Raton, Flodda 33432 Telephone (561) 368-3808 - Facsimile (561) 368-4008 E-Mail - info(~.siemonlarsen.corn February l7,2004 Hon. Mayor JeffPerlman Hon. Vice Mayor Jon Levinson Hon. Deputy Vice Mayor Patricia Archer Hon. Commissioner Bob Costin Hon. Commissioner Alberta Perry McCarthy Delray Beach City Hall 100 NW 1 st Avenue Delray Beach, Florida 33444 RECEIVED FEB 1 7 200 · CITY CLERK Dear Mayor and Commissioners: We respectfully submit this letter on behalf of Mr. William Andrews with regard to proposed Ordinance No. 9-04, which is on the City Commission agenda for second reading on Tuesday, February 17, 2004. Mr. Andrews is the owner ora parcel of land located in the R-O District and his existing development expectations would be materially impacted by the proposed ordinance for no discernible public purpose. Mr. Andrews urges you to either defer any action on this proposed ordinance or to defeat the ordinance for the masons set out in this letter. We respectfully submit that the proposed Ordinance materially changes the R-O District in a manner which is not consistent with the good planning, and the City's planning established objectives, as expressed in its Comprehensive Plan, Community Redevelopment Plan, and the Seacrest/DeMda Park Neighborhood Plan ("Neighborhood Plan"). You have already been given a staff report regarding the proposed amendment. The staff analysis states that: Recently, there has been some questions as to why "and dwelling units" is included in the description of duplexes in the RO zoning district, and if it could be determined that it infers that multiple family dwelling units (three or more dwelling units) are also permitted. The staff analysis suggests that the deletion of the words "and dwelling units" from the list of permitted uses in the RO District (Section 4.4.17(B), City of Delray Beach Land Development Regulations ("LDRs")) will only serve to clarify the land development regulations. According to the staff, at the time the "and dwelling units" language was added to the land development regulations: "the intent was to only list duplex structures." The assertion is made without support and flies Hon. Mayor JeffPerlman, et al Page 2 of 5 February 17, 2004 directly in the face of the plain language of the Code and well-established principles of statutory construction. We respectfully submit that: 1. The proposed Ordinance is inconsistent with the City's Comprehensive Plan; The present language of the City's Land Development Regulations does permit multiple family dwelling units, just as the City's Comprehensive Plan and well-considered Neighborhood Plan recognize; and The inclusion of multi-family dwelling units in the RO District, especially in vertically mixed-use buildings, implements the Comprehensive Plan, the Community Redevelopment Plan, and the Neighborhood Plan. I. The Proposed Ordinance Is Inconsistent With The Seacrest/Del-Ida Park Neighborhood Plan. Regardless of the way the staff characterizes the "intent" of the 1990 language, the City has officially recognized that the "and dwelling units" language in the list of permitted uses in the RO District allows multi-family dwelling units. The City incorporated this policy into its Comprehensive Plan when it adopted the Seacrest/Del Ida Park Neighborhood Plan on March 3, 1998. The Neighborhood Plan repeatedly states: Within the Del Ida Park RO and RL zoning districts, low density multi-family and/or duplex development will continue to be permitted under the control of the Historic Preservation Board. Neighborhood Plan at iv and 20 (emphasis added). Because it is a component of both the Comprehensive Plan and the Community Redevelopment Plan, the City is obligated to ensure that its land development regulations implement the Neighborhood Plan. The proposed Ordinance undermines the Neighborhood Plan, which was the result of an extensive collaborative effort between the City's Planning and Zoning Department, the Connnunity Redevelopment Agency, the Seacrest Neighborhood Association, and the Del-Ida Park Neighborhood Association. Hon. Mayor JeffPerlman, et al Page 3 of 5 Februmy 17, 2004 II. The Comprehensive Plan Anticipates Multifamily and Vertically Mixed-Use Commercial/Residential Development in the RO District. The RO District is a zoning district which, according to the Comprehensive Plan, implements the "Transitional" and "Commercial Core" Future Land Use categories. The Comprehensive Plan provides that: [The "Transitional Land Uses"] designation applies to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. * * * Residential development at a density between five and twelve units per acre, mobile home parks and apartment develooment in addition to condominimn~, Continuing Care Facilities, A.C.L.F., and various types of group homes are appropriate under this designation. Nonresidential development at an intensity equivalent to that associated with medium densit~ residential land uses is also appropriate. City of Delray Beach Comprehensive Plan at FL-42 (emphasis added). Similarly, The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper story apartments .... City of Delray Beach Comprehensive Plan at FL-42 (emphasis added). Except for three tiny areas elsewhere in the City, the RO District is currently applied to lands located entirely within the DeMda Park Neighborhood and the Southeastern edge of the Seacrest Neighborhood, just north of Pineapple Grove. The RO District serves a transition function between GC (General Commercial) to the East and RL or R-1-AA (both residential districts) to the West, and between CBD and CBD-RC (both downtown districts) to the South and RL or R- 1 -AA to the North. The attached map shows the position of the RO District in relation to the other districts. Hon. Mayor JeffPerlman, et al Page 4 of 5 February 17, 2004 The City's Official Zoning Map shows that of the seven zoning districts which surround the principal RO District area, four (4) permit multiple family development, either as a stand alone use or part of a mixed-use project. One (OSSHAD) permits multifamily development as a conditional use. Only two (2) of the Districts do not permit multi£amily - R- 1-AA, a detached single- family residential district located to the Northwest (away from Downtown), and CF, the community facilities district located to the West (which does not allow any residential uses). The proposed Ordinance conflicts with the purported function of the Transitional Future Land Use District and the RO District itself. The Comprehensive Plan and Land Development Regulations, implementing time-tested principles of good urban planning, anticipate that uses in the RO District will "transition" between the uses, densities and intensities of the City's downtown and the uses, densities and intensities of the residential neighborhoods to the north. In this context, the proposed amendment makes no sens~e because: The RO District is supposed to allow development at a higher density and intensity than the RL District that abuts it to the North and West. Yet while the Ordinance proposes to "clarify" the RO District by removing multifamily uses from it, the RL District specifically allows "multiple family structures." §4.4.5(B)(3), LDRs. The proposed Ordinance would prohibit multifamily in the RO District, even though it is allowed immediately north (in RL), south (in CBD, CBD-RC, and conditionally in OSSHAD), east (in GC), and west (in RL) of the District. See §§4.4.5(B)(3), 4.4.13(B)(4), 4.4.28(B)(1) and (D)(5), 4.4.24(D)(1), 4.4.9(B)(5), LDRs. The RO District regulations permit a mix of uses in the same structure. See § §4.4.17(G)(2) and (H)(2), LDRs.~ As an implementing District for the Commemial Core and Transitional Future Land Use Districts, vertically mixed-use buildings with commercial/office on the first floor and multifamily on the second floor is the only construction of the RO District language that makes sense. ~ Section 4.4.17(G)(2) provides, "Parking required for business and professional offices shall be at the standard of .... However, this requirement may be reduced.., when there is a mix of residential and office use in the same structure." (emphasis added). Section 4.4.17.(It)(2) provides, "A building or structure in the RO District may contain either a residential use, an office use, or a mix of uses." (emphasis added). Hon. Mayor JeffPerlman, et al Page 5 of 5 February 17, 2004 HI. Any Amendment to "Clarify" the RO District Regulations Should Specifically, Include Multiple Family Dwellings. Given the City's planning objectives, as reflected in its Comprehensive Plan, Community Redevelopment Plan, and Seacrest/DeMda Park Neighborhood Plan, if there is any confusion with regard to the language in the RO District regulations, we respectfully submit that the City should remedy the confusion with the following amendment to Section 4.4.17: (B) Principal Uses and Structures Permitted: The following t/pcs of nsc are allowed within the RO District as a permitted USe: (1) (2) Single family detached dwelling units. Duplex dwellings. ~t~,,~¢~¢s/aid d,-¢llhig anita. Multiple family dwellings. Business and professional offices. Abused spouse residence limited to forty (40) or fewer residents. Funeral parlors, funeral homes. Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. Group home, Type I, pursuant to restrictions set forth in Section 4.3.3(I). As such, we urge you to either send this proposed ordinance back to Staff for further review or vote "no" on Ordinance No. 9*04. submitted, CC: City Manager David T. Hardin Director of Planning and Zoning Paul Dorling City Attorney Susan Ruby R-l-AA Single-Family (7,500 ft.2 lots) RL Various residential, including Multi-family at 3-6 units/acre fGC General Retail/Office/Business Multi-family in Mixed-Use at 12 units/acre Ac 1 Auto and motorcycle dealers and body shops CF Churches, Day Care, Recreation, Government -- CBD City's Downtown Multi-Family 30 units/acre base; actual can be much higher CBD-RC (Pineapple Grove) CBD uses and light industry multifamily at > 30 du/acre OSSHAD Mix of uses; multifamily as part of mixed-use project is permitted as conditional use RO Comp. Plan allows up to 12 units/acre Zoning provides for mixed use MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # [~ - REGULAR MEETING OF FEBRUARY 17. 2004 ORDINANCE NO, 12-04 (AMENDMENT OF ORDINANCE 20-03 ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-02) FEBRUARY 13, 2004 This ordinance is before Commission for second reading to amend Ordinance No. 20-03, that adopted Comprehensive Plan Amendment 2003-02, regarding compliance with the Florida Department of Community Affairs (DCA) Object/ohs, Recommendations and Comments (ORC) report. At first reading of Ordinance No. 20-03, Comprehensive Plan Amendment 2003-02, the adopting ordinance included a WHEREAS clause stating that the amendment was found to be in compliance and that an ORC Report had not been issued. At second reading, this language was inadvertently left in the ordinance and was not revised to reflect the fact that the State had issued an ORC report. When the State reviewed the adopted amendment, the inaccuracy in the ordinance was noted and we have been requested to revise the ordinance to accurately reflect the facts. At the first reading on February 3, 2004, the Commission passed Ordinance No. 12-04. Recommend approval of Ordinance No. 12-04 on second and final reading. $:\City Clerk\agen& memos. Ord 1Z04.Amending Ord. 20-03 0Z17.04 TO: THRU: FROM: SUBJECT: MEETING OF FEBRUARY 3, 2004 AMENDMENT OF ORDINANCE 20-03 (ADOPTING ORDINANCE FOR COMPREHENSIVE PLAN AMENDMENT 2003-2) Comprehensive Plan Amendment 2003-2 was approved on first reading of the Ordinance (Ordinance 20-03) on August 5, 2003 and transmitted to the Flodda Department of Community Affairs (DCA) for review. After review by the State, an ORC report was issued requesting additional data and analysis to support two of the proposed FLUM amendments. A response to the ORC report was prepared and the Plan Amendment was adopted on second reading on January 6, 2004. The Amendment and all the supporting materials, including the adopting ordinance were transmitted to the State for compliance review and Plan certification. At first reading, (the transmittal hearing) the adopting ordinance (Ordinance 20-03) included a WHEREAS clause stating that the amendment was found to be in compliance and that an ORC Report had not been issued. At second reading, this language was inadvertently left in the Ordinance and was not revised to reflect that fact that the State had issued an ORC report. When the State reviewed the adopted Amendment, the inaccuracy in the Ordinance was noted and we have been requested to revise the Ordinance to accurately reflect the facts. By motion, approve on first reading, Ordinance No. 12-04, amending Ordinance 20-03 and set a public hearing date of February 17, 2004. Attachments: · Ordinance 20-03 · Letter from Department of Community Affairs · Ordinance 12-04 ORDINANCE NO. 12-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 20-03 THAT ADOPTED COMPREHENSIVE PLAN AMENDMENT NO. 2003-2; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2003-2, Ordinance No. 20-03 was held and adopted on January 6, 2004, in accordance with statutory requirements; and WHEREAS, Ordinance No. 20-03 included a "WHEREAS "clause that provided Comprehensive Plan Amendment 2003-2 was in compliance that there was not an (Objections, Recommendations & Comments) ORC report regarding Comprehensive Plan Amendment 2003-2, when in fact, the Comprehensive Plan Amendment was not found to be in compliance and an ORC report was issued by the Florida Department of Community Affairs on Amendment 2003-2; and WHEREAS, the City Commission desires to amend Ordinance No. 20-03 in order to remove the language in the "WHEREAS" clause regarding the compliance statement and ORC report and to provide that in response to the ORC report issued, additional documentation and analysis has been transmitted to the Department of Community Affairs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the "WHEREAS" clause providing that the Comprehensive Plan Amendment was in compliance and that no ORC report had been issued is deleted from Ordinance No. 20-03 and that in response to the ORC report issued, additional documentation and analysis to support the amendment has been transmitted to the Department of Community Affairs. All other aspects of Ordinance No. 20-03 remain in full force and effect. 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. the PASSED AND ADOPTED in regular session on second and final reading on this day of ., 200 ATTEST: MAYOR City Clerk First Reading_ Second Reading ORDINANCE NO. 20-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; bl I. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLF. D "COMPREHENSIVE PLAN AMENDMENT 2003-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document enfided "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the ComPrehensive Plan entitled "Comprehensive Plan Amendment 2003-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public heating on July 21, 2003, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public heating, the Planning and Zoning Board, as Local Planning Agency, recommended to the City ComnUssion that the proposed Comprehensive Plan Amendment 2003-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2003-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public heurln~ on Comprehensive Plan Amendment 2003-2 was held by the City Commission on August 5, 2003, at which time it was authorized to be transmitted to thc Department of Community Affaks for required review; and WHEREAS, Comprehensive Plan Amendment 2003-2 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public heatings on Comprehensive Plan Amendment 2003-2 was held on January 6, 2004, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section I of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2003- 2, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the doCUment entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2003-2. 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 the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 20413 ATI'I~T PASSEI~AND ADOPTED in £egnlar session on second and final reading on this the day of~ ., 2004. Fi~t Reading [~~'. ~L~ Second ReadingS' 3 ORD. NO. 20-03 0i/25/20B4 22:58 B50488330g O0~M PLANNING PAGE 82/02 STATE OF FLORI/DA DEPARTMENT OF COMMUNITY AFFAIRS 'Dedicated to making Florida a better plece to cell home" m BU~H COLLEEN CA~I1U.E Gowmor .~' 26, 2004 ~W Mr. lion HoWard Scmior Planner Ci~ of Il=bay Beach Phmni~ and Ze-i-8 D=pt. I00 N.W. 1a Avmu¢ Delmy Beach, FL 33444 Re: Delray Beach 03-2 Adopted Comp~ivc Plan Amendm~t ~ Mr. Hoggard: We ha~ received ~e adopted Amcndm=n to the Cites comprehensive plan. as submitted with the City's I~ler d=r,,d January 14, 2004. The City's ordinance for tl~ adopt~ ameadmmt co,tamed song inaccum~ langua~c rr. lativ~ to the Dvparlrncnt finding th¢ amemlment ia compliance and the Depar~cnt issuing an Objections.. Recommendation, and Commits Report without any objections. Due to the inaccetate language coraai_ned in the ordinance: we are unable to process ~¢ amendment at this time. This Ictmr serves as a followup to a conversation that you had with Lavoise Whiltington by pho~ on Friday, January 23, 2004. Plez.se foroeard thc following information: An ordinance that accurately indicates what happened aftcr the City's Objections, Rceomm~xla- tions and Comments Rq:~t (ORC) was issued. The oniimmce should accurately reflect thc action board has The adopted amcadment, received on January 16, 2004, will not b~ processed until thc r~xluired infonmaion is rc'ceived, as required by scetioa 163.3187, F,S. Ifw~ may tm of furthcr assistance,, please contact Lavoise Whittington of my staffat (850) 922-177g. Thanks for your assistance in this matter. Sincerely, D. Ray Eubanks, Administrator Maa lkq4~ and Processing, JAN 2 6 200/ DP~:Iw Eadmure ce: M.icl~el Busb~ Ex. Dircetor, Trmsurc Coast RPC PLANNii~IG & ZONING Z$66 8HUMARD OAK BOULEVARD - TALLAHA88EE, FLORIDA 32389-2100 Phone: 850.466.84681Sun¢om 278.8466 FAX: 850.921.0781/$uncom291.0781 Internal address: hHp:D'www.dca.state,fl,us rITV OF DELRI:IY BEflrH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH Al.knedca City DATE: February 11, 2004 MEMORANDUM TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: General Employees Pension Plan- Ordinance No. 16-04 This ordinance modifies the General Employee's Pension Plan by specifying the optional forms of retirement available for retirees and their survivors, and also allowing other optional forms, if the board determines the form is actuarially equivalent. Please place this ordinance on for first reading on the February 17, 2004 agenda. Attachment Cc: Barbara Garito, City Clerk Joe Safford, Finance Director Harry Hamilton, Human Resources Director ORDINANCE NO. 16-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", TO PROVIDE ADDITIONAL OPTIONAL FORMS OF BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending subsection (E) of section 35.097, "Optional Forms of Retirement Income", to read as follows: Section 35.097 RETIREMENT INCOME; BASIS AMOUNT AND PAYMENT. (E) Optional forms of retirement income. (1) In lieu of the amount and form of retirement income payable in the event of normal retirement, early retirement, or termination of service as specified in subparagraphs (A), (B) and (D)(1) of this section, a participant or a terminated participant may, upon written request to the Committee submitted prior to the receipt of retirement income or benefits under the plan, aid subject to the approval of the Committee, elect to receive a retirement income or benefit commencing on the date specified in subparagraphs (A), (B) and (D),(I) of this section, whichever is applicable, of equivalent actuarial value payable in accordance with one of the following options: (a) Option 1. A retirement income of a modified monthly amount, payable to the participant for life, except that in the event the participant dies before receiving retirement income for a period of ten years, the same monthly benefit will be paid to the beneficiary designated by the participant for the balance of the ten-year period. (b) Option 2. -1-. A retirement income of a modified monthly amount payable to the participant during the joint lifetime of the participant and his or her designated joint pensioner. Under this option, the participant may, prior to retirement, elect a survivor benefit of 100%,, 75%, 66.66% or 50% of the participant's modified monthly benefit, which shall be de~ pens:cnor, ~'-"'-'"~'-'- *h,. ,~,...*~. cf "~*~'"' ''~ *~'""' "'"' *h~r,~ ..~ *h .... *~.~ ........ * payable to the survivor for the lifetime of the survivor. Election of this option shall be null and void if the designated joint pensioner dies before the participant's retirement, unless the participant designates another joint pensioner in accordance with Section 35.097(E)(2). The monthly income payable under this option to the participant and a joint pensioner shall not be less than the monthly income that would be payable under a payments certain to age 85 years and life thereafter from. (c) Option 3. In lieu of the other optional forms enumerated in this section, and upon the request of a participant, retirement benefits may be paid in any form approved by the Board so Ionq as actuarial equivalence with the benefit otherwise payable is maintained. ^'-" of · ,. .... h~, tO 3 (2) A participant, upon electing any option under this section, shall designate the joint pensioner or beneficiary to receive the benefit, if any, payable under the plan in the event of the participant's death, on a form provided by the Committee. The participant may revoke or change the designation of a joint pensioner or beneficiary at any time prior to the commencement of retirement income or benefits, by submitting such change in writing on a form provided by the Committee. A participant may also change the designation of a joint pensioner or beneficiary after the commencement of retirement income or benefits subject to approval by the Committee, and in accordance with the following: (a) The participant must pay the full cost of determining the equivalent actuarial value of the benefit payable. (b) The consent of a participant's joint pensioner or beneficiary to any change in such designation shall not be required. (c) The amount of retirement income payable to the participant upon the designation of a new joint pensioner shall be actuarially redetermined, taking into account the benefits already received by the participant, and the age and sex of the former joint pensioner, the new joint pensioner and the participant. (d) Each designation of a joint pensioner or beneficiary shall be made in writing on a form provided by the Committee. (e) In the event that no designated beneficiary survives the participant, the benefits payable in the event of the participant's death subsequent to retirement shall be paid as provided in Section 35.100(A)of this subchapter. Ord. No. 16-04 (3) Retirement income payments will be made under the option elected in accordance with the provisions of this division and will be subject to the following limitations: (a) If a participant dies prior to his retirement under the plan, or if a terminated participant dies prior to the commencement of normal retirement income, no benefit will be payable under the option to any person, but benefits will be payable as provided in subparagraph (D) of this section. (b) If a participant's designated beneficiary or joint pensioner dies before the participant's retirement under the plan, the option elected will be cancelled automatically and retirement income in the normal form and amount will be payable to the participant upon retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this section, or unless a new beneficiary or joint pensioner is designated by the participant prior to retirement. (c) If both the Participant and designated beneficiary die after the date the participant's retirement income commences under the plan, but before the full actuarial value of benefits under the provisions of subparagraph (E)(1)(a) or (c) has been received, the Committee may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 35.100(B). 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 operate to invalidate the remainder hereof. Section 3. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to plan participants who are covered under a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement or memorandum of understanding that includes the provisions of this ordinance. the PASSED AND ADOPTED in regular session on second and final reading on this day of ., 2003. ATTEST: MAYOR CITY CLERK First Reading. Second Reading Ord. No. 16-04 rlTV OF DELRIIV BEI:IrH CITY ATTORNEY'S OFFICE DELRAY BEACH 1993 2001 TO~ 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 o FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM February 12, 2004 City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Police/Fire Pension Ordinance No. 17-04 Certification Pay The attached ordinance clarifies the definition of earnings and includes basic wages as well as state education, police basic education and police and fire career education compensation but not overtime, bonus(es) or other payments. Please place on the February 17, 2004 agenda for first reading. Attachment CC: Barbara Garito, City Clerk Larry Schmeder, Police Chief Kerry Koen, Fire Chief Harry Hamilton, HR Director Joe Safford, Finance Director Jim Tabeek, Fire Inspector Lt. Officer Vincent Gray Officer Charles Jeroloman ORDINANCE NO. 17-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS", REVISING THE DEFINITION OF "EARNINGS" TO INCLUDE CERTAIN EDUCATIONAL SUPPLEMENTAL INCENTIVE PAYMENTS AND TO EXCLUDE CERTIFICATION PAY AND ALL OTHER PAYMENTS; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.60, "Definitions", to read as follows: Section 33.60 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "ACTUARIAL EQUIVALENCE" or "ACTUARIALLY EQUIVALENT". This term shall mean that any benefit payable under the terms of the pension fund in a form other than the normal retirement pension shall have the same actuarial present value on the date payment commences as the normal retirement pension. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using 7% interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five years in the case of disability retirees. "AGREEMENT". The written instrument setting forth the provisions of the retirement system. "AVERAGE MONTHLY EARNINGS". One thirty-sixth of the arithmetical average for the highest consecutive 36-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive 24-month period, as calculated prior to the effective date of this ordinance. "BENEFICIARY." The person entitled to receive benefits hereunder at the death of a member who has been designated in writing by the member and filed with the Board of Trustees. If no designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. "BOARD." The Board of Trustees which shall administer and manage the system herein provided and serve as Trustee of the Trust Fund. "CONTINUOUS SERVICE." (1) Uninterrupted service by a member (expressed as years and completed months) from the date he last entered employment as an employee until the date his employment is terminated by death, disability, retirement, resignation or discharge. (2) However, the continuous service of any member shall not be deemed to be interrupted by: (a) Any authorized leave of absence or vacation, provided all members similarly situated in similar circumstances shall be treated alike pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for computation purposes under the system shall be allowed for any such period of leave of absence. (b) Any service, whether voluntary or involuntary, in the armed forces of the United States, provided the member is legally entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 and any amendments thereto, or any law applicable to such reemployment, and provided that a member shall apply for reemployment within three months following termination of such service, or as otherwise allowed by the Uniformed Services Employment and Reemployment Rights Act of 1994, and any amendments thereto. Nothing aforementioned shall serve to reduce the accrued accredited services of the members on the effective date of the plan. 2 ORD. NO. 17-04 (3) Continuous service shall also include, for reemployed members, those years and completed months for which the reemployed member had withdrawn his contributions to the Trust Fund, where the reemployed member repays into the Fund the contributions he had withdrawn, with interest based upon the plan's annual total rate of return for the pension funds, as computed by the actuaries or the City, for those years and completed months, within 90 days after his reemployment date. A reemployed member may also repay only a portion of the withdrawn funds with interest and receive a like credit for continuous service; however, repayments, whether partial or total, shall only be permitted once within the 90-day limit. (4) For members who are employed by the City on or after the effective date of this ordinance who have five (5) or more years of continuous service based on City employment, continuous service shall also include up to three (3) years of active service in the U.S. armed forces or full-time employment as a police officer or firefighter with another governmental entity prior to employment by the City, purchased by the member in accordance with this paragraph; provided the member has not received and will not receive a benefit from another retirement plan based on such prior employment. Such a member may purchase continuous service under the plan, in years and tenths of a year, for all or a portion of the period of their active service in the U.S. armed forces or full-time employment as a police officer or firefighter with another governmental entity prior to employment by the City, by paying into the plan the full actuarial cost of such continuous service, as determined by the plan actuary. Such payment may be made at any time after employment by the City, and must be made in full prior to entering the DROP or separation from City employment, whichever occurs eadier. In the event full payment is not made prior to such date, the member shall receive only the amount of continuous service, as determined by the actuary, for which the payment made, excluding interest, is the full actuarial cost. In the event a member makes payment for additional continuous service in accordance with this paragraph prior to attaining five years of continuous service based on City employment, and separates from City employment before attaining five years of continuous service based on City employment, such member shall receive a full refund of all payments made, plus interest based on the assumed rate of return of the plan. A member purchasing such additional continuous service must pay the full cost of any actuarial calculations required. Payment for the purchase of continuous service pursuant to this paragraph may be made using any one or a combination of the following options: Cash lump sum payment. Direct transfer or rollover of an eligible rollover distribution from a qualified plan, in accordance with Sec. 33.70. 3 ORD. NO. 17-04 Time payment plan. Under this option the member may elect to pay any remaining balance due for the purchase of continuous service through payroll deduction on a time payment plan over a period of not more than five (5) years, as approved by the Retirement Committee. Interest on such payments shall be paid based on the assumed rate of return of the plan. Payments deducted from an employee's pay shall be designated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code. "EARNINGS." Basic wages paid to a member, includin.q state education compensation, police basic education and police and fire career education compensation, but excluding overtime, bonuses and any other ¢,gR-regula~ payments. "EFFECTIVE DATE." April 22, 1974. "EMPLOYEE." All employees of the City classified as full-time sworn police officers, as defined on the effective date in F.S. Sec. 185.02, or classified as police officers in training, or classified as volunteer or regular full-time firefighters, as defined on the effective date in F.S. Sec. 175.032, but shall exclude all civilian members of the Police and Fire Departments, and the Police Chief and Fire Chief upon their written election not to participate in the system. "FUND." The Trust Fund established herein as part of the system. "MEMBER." An employee who fulfills the prescribed participation requirements. "SPOUSE." The lawful wife or husband of a member at time of retirement and death. "SYSTEM." The City Police and Firefighters Retirement System as contained herein and all amendments thereto. Section 2 That all ordinances or pads of ordinances in conflict herewith be, and the same are hereby repealed. Section 3 That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not operate to invalidate the remainder hereof. 4 ORD. NO. 17-04 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 ,2004. ATTEST: MAYOR City Clerk First Reading Second Reading 5 ORD. NO. 17-04 [ITY OF DELRIIY BEflEH CITY ATTORNEY'S OFFICE AO.k~eica City 1~3 2001 TO: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/275-4755 Writer's Direct Line: §61/243-7091 MEMORANDUM February 12, 2004 City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance No. 18-04 - Enhanced Multiplier Option for Police/Fire Pension Plan The ordinance allows the following for members employed on March 15, 2004: Election of 3.5% multiplier times the average monthly earnings for members who obtain 20 or more years of service subject to a maximum of 87.5%. The election must occur by April 15, 2004 and it will apply to all years of service, past and future. Those that elect the enhanced multiplier will pay an additional 3% over that paid for those that do not elect the enhanced multiplier. If a member does not elect the enhanced multiplier by April 15, 2004, they may thereafter elect an increased multiplier on service in the future if they contribute an additional 3% and may elect 3.5% on all or part of past service if they pay the full actuarial cost. 3. The election is irrevocable. If an eligible member elects the enhanced multiplier and attains 10 but less than 20 years of continuous service, they receive a 2 1/2% multiplier and are eligible to receive a refund of all additional contributions and amounts paid by them for the enhanced multiplier without interest. If a window is opened allowing an early retirement incentive and the member previously elected to participate in the 3 1/2 % multiplier for more than 50% of the total service (excluding the 2 additional years allowed under the retirement incentive window) they will also be February 12, 2004 Page 2 allowed the 3 1/2 % multiplier on each of the additional two years awarded under the early retirement incentive window. Please call if you have any questions. Please place on the February 17, 2004 Attachment CC: Barbara Garito, City Clerk Larry Schroeder, Police Chief Kerry Koen, Fire Chief Harry Hamilton, HR Director Joe Safford, Finance Director Jim Tabeek, Fire Inspector Lt. Officer Vincent Gray Officer Charles Jeroloman ORDINANCE NO. 18-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", PROVIDING AN ENHANCED MULTIPLIER BENEFIT OPTION FOR ELIGIBLE MEMBERS; PROVIDING AN INCREASE IN MEMBER CONTRIBUTIONS FOR THOSE MEMBERS WHO ELECT THE ENHANCED MULTIPLIER; PROVIDING AN OPTION TO PURCHASE THE ENHANCED MULTPLIER FOR THOSE MEMBERS WHO DO NOT ELECT THE ENHANCED MULTIPLIER OPTION BEFORE APRIL 15, 2004; AMENDING SECTION 33.687, "EARLY RETIREMENT INCENTIVE", PROVIDING FOR APPLICATION OF THE ENHANCED MULTIPLIER TO THE EARLY RETIREMENT INCENTIVE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.62, "Benefit Amounts and Eligibility", Subsection (B), "Normal Retirement Benefit", to read as follows: Section 33.62 BENEFIT AMOUNTS AND ELIGIBILITY. (B) Normal Retirement Benefit. (1) Duration, Survivor Benefits. A member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his_spouse for one year and sixty (60) percent of that amount continued thereafter until the earlier of death or remarriage. (2) Amount. Normal retirement benefits shall be in the amount of two and one- half (2 1/2) percent of average monthly earnings for each year of continuous service for employees with more than ten (10) but less than twenty (20) years of continuous service. Normal retirement benefits shall be in the amount of three (3) percent of average monthly earnings for each year of continuous service if an employee has attained twenty (20) or more years of continuous service, subject to a maximum of seventy-five (75) percent of average monthly earnings. Provided, however, that in no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. However, members as of the effective date shall receive at their normal retirement date (age fifty-two (52) regardless of years of service) the greater of the benefit provided by the formula above or fifty (50) percent of average monthly earnings. (3) Optional Enhanced Multiplier. (a) Notwithstandin.q any provision of the System to the contraryI a member who is actively employed by the City on March 15, 2004, but who is not participatin.q in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of averaqe monthly earninqs for each year of continuous service if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of averaqe monthly earninqs. Members electinq this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), and shall receive the enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. (b) Notwithstanding any provision of the System to the contrary, a member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participatin.q in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half (3.5) percent of avera.qe monthly earninqs for all future continuous service after makinq such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eiqhty-seven and one-half (87.5) percent of averaqe monthly earninqs. Members electinq this enhanced multiplier shall thereafter contribute three (3) percent of earninqs to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by payinq the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (c) Notwithstanding any provision of the System to the contrary, a member who is hired after March 15, 2004 and who is not participating in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after makinq such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eiqhty-seven and one-half (87.5) percent of 2 ORD. NO. 18-04 average monthly earninqs. Members electinq this enhanced multiplier shall thereafter contribute three (3) percent of earninqs to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by payinq the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (d) The election to receive the enhanced multiplier under this para.qraph must be made in writin.q on a form provided by the City. Such election shall be irrevocable. If an eligible member does not elect an optional enhanced multiplier under this para.qraph, or if an eliqible member elects the enhanced multiplier for only a portion of his total continuous service, then the benefit provided in paragraph (2) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. If an eli.qible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with para.qraph (2), and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of averaqe monthly eaminqs for each year of continuous service. (-,:':~(4) Upon becoming eligible for normal retirement, a member shall be one hundred (100) percent vested in his accrued benefit. Section 2. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.687, "Early Retirement Incentive", to read as follows: Section 33.687 EARLY RETIREMENT INCENTIVE. (A) Effective January 1, 1994, an early retirement incentive shall be provided to employees in accordance with this section. The availability of the early retirement incentive in any calendar year shall be determined by the City. (B) Employees with eighteen (18) and up to, but not including twenty (20) years of continuous service shall be eligible for the early retirement incentive. In any calendar year in which the City determines that the early retirement incentive will be offered, eligible employees shall be given an opportunity to decide within a specified time period (30 to 90 days) whether they wish to receive the early retirement incentive and retire from City employment. The City will provide at least sixty (60) days advance notice to eligible employees of the early retirement incentive offering. (C) Eligible employees who elect to receive the early retirement incentive shall 3 ORD. NO. 18-04 receive two (2) additional years of continuous service, under the System, and upon receiving such additional continuous service shall immediately retire and terminate City employment. Effective the first pay period after September 1, 1999, eligible employees who elect to receive the early retirement incentive shall receive three percent (3%) of average monthly earnings for each year of continuous service if the employee qualifies for the twenty (20) year (or more) normal retirement benefit. Eli.qible employees who elect to receive the early retirement incentive on or after March 15, 2004 shall receive three and one-half percent (3.5%) of averaqe monthly earninqs for each year of continuous service, or portion thereof, to which the optional enhanced multiplier under Section 33.62(3) applies; and if the enhanced multiplier is applicable to more than fiffy percent (50%) of the employee's total continuous service, excluding the two (2) additional years provided in this section, the employee shall receive three and one-half percent (3.5%) of average monthly earnin.qs for each of the two additional years provided in this section. The early retirement incentive program shall be voluntary for all eligible employees. The early retirement incentive shall not apply to sick leave, vacation or any other accruals or benefits. (D) An employee who elects to receive the early retirement incentive under this Section cannot also participate in the Deferred Retirement Option Plan under Section 33.685. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not operate to invalidate the remainder hereof. Section 5. That this ordinance shall become effective on March 15, 2004. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2004. ATTEST: MAYOR City Clerk First Reading Second Reading 4 ORD. NO. 18-04 MI~MORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM #~.h- REGULAR MEETING OF FEBRUARY 17. 2004 ORDINANCE NO. 19-04 FEBRUARY 13, 2004 This is before the City Commission to approve Ordinance No. 19-04, an ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.11, "Definitions", to provide for definitions regarding design-build contracts. From time to time it may be appropriate for us to use the design-build approach for some construction projects. We believe this will be particularly appropriate for future parking garage construction. $:\City Clerk\agenda memos\Ord. No. 19-04..0Z 17.1g [ITY OF I]ELRrlY BEACH CITY ATTORNEY'S OFFI(:E RECEIVED CITY f~ANAGE~? 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DATE: Wdter's Direct Line: 561/243-7091 MEMORANDUM February 5, 2004 TO: David Harden, C ty Manager. Richard Hasko, Director of Environmental Services FROM: Susan Ruby, City Attorney SUBJECT: CCNA Requirements/Desi,qn-Build Contracts We have prepared an ordinance to implement design/build contract capabilities pursuant to F.S. 287. It is important to address this issue promptly in order to commence the formulation of a design criteria package and to provide services that will assist the City in negotiations over land, etc. Pursuant to Florida Statute Section 287.055 there are certain requirements that a municipality must follow when entering into design-build contracts. First the municipality must adopt ordinances, rules and regulations that allow it to enter into design build contracts, see attached proposed ordinance. In order to put out a RFP for a design build project we must first prepare a "design criteria package", which is: A "design cdteda package" means concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design cdteria package is to furnish sufficient information to permit design-build firms to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter into a negotiated design-build contract. The design criteda package must specify performance-based criteda for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. This may be performed in house or we may have an outside professional prepare the package. If an outside professional prepares the package then we must comply with all CCNA requirements in selecting this firm or person and the firm or person shall not be allowed to bid on the RFP for the design build contract. See the following Florida Statute Section: David Harden, City Manager Richard Hasko, Director of Environmental Services February 5, 2004 Page 2 The design criteria package must be prepared and sealed by a design criteria professional employed by or retained by the agency. If the agency elects to enter into a professional services contract for the preparation of the design criteria package, then the design criteria professional must be selected and contracted with under the requirements of subsections (4) and (5). A design criteria professional who has been selected to prepare the design criteria package is not eligible to render services under a design-build contract executed pursuant to the design criteria package. The professional must meet the following requirements: A "design criteria professional" means a firm who holds a current certificate of registration under chapter 481 to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under chapter 471 to practice engineering and who is employed by or under contract to the agency for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. The attached ordinance allows the City's use of the design-build process. Thereafter, rules and regulations may also be adopted regarding the design build process. Time is a bit of the essence, and it is recommended that the professional preparing the design criteria package be hired quickly, pursuant to the CCNA, in order to prepare various schematics, etc. to assist in land acquisitions, as well as to develop the design criteria package. Plea~ou/~e any questions. SAR~ Cc: Howard Ellingsworth, Chairman of the CRA Diane Golonna, Director of the CRA Robert Federspiel, Esq. ORDINANCE NO. -04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", BY AMENDING SECTION 36.11, "DEFINITIONS", TO PROVIDE FOR DEFINITIONS REGARDING DESIGN-BUILD CONTRACTS; ENACTING SECTION 36.16, "DESIGN- BUILD CONTRACTS", TO PROVIDE FOR THE ABILITY TO USE THE DESIGN-BUILD PROCESS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, in certain situations the design-build process is the most efficient and most economical way to conduct public construction; and WHEREAS, the City Commission deems it to be in the public interest to adopt an ordinance providing for rules and regulations allowing the City to enter into design-build contracts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.11, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 36.11. DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Change order. A written order or agreement signed and issued by the City, directing the vendor or contractor to make changes to the purchase of supplies, equipment, services or construction. Contract modification. Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. Desiqn-build firm. Means an individual, association1 partnership, corporation, or other ie.qal entity which: (i) Is certified under F.S. § 489.119 to enqaqe in contractinq throu.qh a certified or re.qistered .qeneral contractor or a certified or re.qistered buildinq contractor as the qualifyin.q agent; or (ii) Is certified under F.S..~ 471.023 to practice or to offer to practice enqineerin.q; certified under F.S. § 481.219 to practice or offer to practice architecture; or certified under F.S. § 481.319 to practice or to offer to practice landscape architecture. Design-build contract. Means a sinqle contract with a design-build firm for the design and construction of a public construction project. Desiqn criteria package. Means concise, performance-oriented drawinqs or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information so as to permit desiqn-build firms to prepare a bid or a response to a request for proposal, or to permit the City to enter into a neqotiated desiqn-build contract. The design criteria package shall specify performance-based criteria for the public construction proiect, includinq, but not limited to, the legal description of the site, survey information concerninq the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions of utilities, stormwater retention and disposal, and parking requirements, as may be applicable to the project. Des{qn criteria professional. Means an individual, association, partnership, corporation, or other legal entity who holds a current certificate of registration under F.S. Ch. 481, to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under F.S. Ch. 471, to practice engineering and who is employed by or under contract to the City for the providinq of professional architect services, landscape architect services, or engineering services in connection with the preparation of the desiqn criteria package. Section 2. That Chapter 36, "Finance; City Property Transactions", Section 36.16, "Design-Build Contracts", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: Sec. 36.16 DESIGN BUILD CONTRACTS. (A) Award of design-build contracts. Contracts for the desiqn-build of public construction projects for the City shall be awarded in accordance with this Section whenever the City Commission designates that a design-build methodology be used. (B) Preparation of desiqn criteria packa.qe. A design criteria package shall be prepared and sealed by a design criteria professional employed by or retained by the City. If the City elects to enter into a professional services contract for the preparation of a desiqn criteria package, then the design criteria professional shall be selected and contracted with in accordance with the requirements of State law and this Chapter. A design criteda professional who has been selected to prepare the design criteria package shall not be eligible to render services under a design-build contract executed pursuant to the desi.qn criteria packaqe. (C) Rules and procedures. The following are the minimum guidelines that must be followed for the desi,qn-build process. The City may enact other guidelines in addition to those listed below. (1) The preparation of a design criteria packaqe for the design and construction of the public construction proiect. (2) The qualification and selection of no fewer than three desiqn-build firms as the most qualified, based on the qualifications, availability, and past work of the firms, including the partners or members thereof. (3) The criteria, procedures, and standards for the evaluation of design-build contract proposals or bids, based on price, technical, and design aspects of the public construction project, weighted for the project. (4) The solicitation of competitive proposals, pursuant to a design criteria package, from those qualified design-build firms and the evaluation of the responses or bids submitted by those firms based on the evaluation criteria and procedures established prior to the solicitation of competitive proposals. (5) Consultation with the employed or retained design criteria professional concerning the evaluation of the responses or bids submitted by the design-build firms, the supervision or approval by the City of the detailed working drawinqs of the project; and for evaluation of the compliance of the project construction with the design criteria package by the design criteria professional. (6) In the case of public emergencies, for the City Commission to declare an emergency and authorize negotiations with the best qualified design-build firms available at that time. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its adoption on second and final reading. 3 the PASSED AND ADOPTED in regular session on second and final reading on this __ day of ,200_. MAYOR ATTEST: City Clerk First Reading Second Reading